4.04.070 Performance of tests, assessments, and related activities on the property by the city.

(A) Right of City to Enter Property Being Considered for Acquisition for Tests, Assessment, and Related Activities. The city may also enter property that is being considered for acquisition to take photographs, or conduct studies, surveys, examinations, tests, soundings, borings, or similar activities reasonably related to the acquisition of the property, environmental assessment, or the potential use of the property for a municipal project.

(B) Advance Notice to Property Owner. The city shall give notice to the owner of the need to enter the property and the nature of activity to be conducted to the property owner at least ten working days before the entry on to the property. The owner or his or her representative designated in writing may be present during the performance of these activities.

(C) Consent of Property Owner and/or Authorization of City to Enter Property. The city shall attempt to obtain the written consent of the owner before entering on the property to perform these activities. If the owner declines to give consent, the city shall, when required by state law, obtain court authorization before entering the property for these purposes.

(D) Manner of Conducting Tests and Related Activities/Indemnity Agreement. The city shall make reasonable efforts to conduct these activities in a manner which avoids or minimizes any interference with the use of the property by the owner or other persons who have a lawful interest in the property, and any damage to the property or injury to persons. The city shall indemnify, hold harmless and defend the owner from and against any damage or injury to persons or property, including death, arising out of, or resulting from, and to the extent caused by, the sole negligence or wilful misconduct of the city and/or its agents in the performance of these activities on the property.