HomeMy WebLinkAbout20071501.tiff RESOLUTION
RE: APPROVE FORM OF DIFFUSE KNAPWEED CHEMICAL WEED CONTROL COST
SHARE AGREEMENT AND DELEGATE AUTHORITY TO TINA BOOTON TO
APPROVE SAID AGREEMENTS
WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board has been presented with a Form of the Diffuse Knapweed Chemical
Weed Control Cost Share Agreement between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Weld County
Department of Public Works,and certain landowners who qualify,commencing upon full execution
of said agreements,with further terms and conditions being as stated in said agreement form,and
WHEREAS, after review, the Board deems it advisable to approve the form of said
agreement, a copy of which is attached hereto and incorporated herein by reference.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Form of the Diffuse Knapweed Chemical Weed Control Cost Share
Agreement between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Department of Public Works, and
certain landowners who qualify be, and hereby is, approved.
BE IT FURTHER RESOLVED that the Board hereby delegates authority to Tina Booton,
Department of Public Works, to approve and sign said agreements with various landowners
meeting the criteria in the form of said agreements.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 30th day of May, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
g ���� WEL OUNTY, COLORADO
ATTEST: '` "'""R
in PA id E. Long, Chair
Weld County Clerk to the B y _ / .
,.IN I � I i-
- 1 ; ,91 Om Pr -Iem
De ty Cle t to the Board - l.7
William F. Garcia
AP D AS T EXCUSED
Robert D. Masden
County ney
��IIi�7 Douglas ademache
Date of signature:
2007-1501
EG0056
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DIFFUSE KNAPWEED CHEMICAL WEED CONTROL COST SHARE AGREEMENT
THIS AGREEMENT is by and between , whose address is
("Landholder"), and Weld County,
Colorado, by and through the Weld County Public Works Department, whose address is P.O.
Box 758, Greeley, CO 80632 ("County").
WHEREAS, County is offering to landowners who qualify a Weed Control Cost Share
Program for the 2007 Summer and Fall weed seasons, and
WHEREAS, Landholder owns or leases property in Weld County described as follows:
WHEREAS, Landholder desires to participate in the Cost Share Program, and agrees to
pay all necessary costs and fees and abide by all of the conditions stated in this Agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants stated
herein, the parties agree as follows:
1. NOXIOUS WEED SPECIES IDENTIFIED:
❑ Diffuse knapweed (Centaurea dii fusa)
❑ Houndstongue (Cynoglossum officinale)
❑ Tamarisk (Tamarix ramosissima)
2. APPLICATION OF CHEMICAL:
a. COUNTY AGREES: To cost share with the Landholder, on chemical
costs incurred by the Landholder and commercial applicator's costs in
controlling the Absinth wormwood on the property described above, on an
80%/20% basis, up to a maximum total cost of$625.00 for chemical and
commercial application ($500 paid by County and $125 paid by the
landowner). Landowner may split the total cost between Summer and Fall.
Weld County shall pay its share to Landholder within 30 days after
Landholder submits to County a receipt for full payment of the costs of
chemical. Weld County will verify all lands submitted for cost-share
and help create a management plan before the treatment is applied.
b. LANDHOLDER AGREES: To cost share with the County, on costs
incurred by the Landholder in controlling the Absinth wormwood on the
property described above, on an 80%/20% basis, up to a maximum total
cost of $625.00 for chemical and commercial application ($500 paid by
County and $125 by the landowner). Landholder shall submit to County,
within 30 days after purchase, a receipt for full payment of the costs of
chemical in order to receive payment from County. Landholder agrees to
be solely responsible for applying the chemical or arranging for its
application on the property.
2007-1501
3. TERM: This Agreement shall be in effect for the term beginning upon signature
and ending upon completion of the cost share program described above or,
at the latest,by November 15,2007.
4. INDEMNIFICATION AND HOLD HARMLESS: Landholder agrees to
indemnify against liability and to save harmless County from any liability or
damages County may suffer as a result of claims, demands, costs, or judgments
instituted against County, its agents, employees, invitees, or any person claiming
through them, arising out of Landholder's, his agents' or employees' negligence
or intentional acts in the course of applying the chemical and/or the reseeding
and/or revegetation work contemplated herein, or arising from any accident,
injury or damage, however caused, including the acts and omissions of third
parties, to any person or persons, or to the property of any person, or corporation
occurring during or arising out of applying the chemical and/or the reseeding
and/or revegetation work contemplated herein.
Landholder further agrees to hold harmless and defend County, by counsel
reasonably satisfactory to the County, against all claims and demands arising out
of Landholder, his agents or employees, applying the chemical and/or the
reseeding and/or revegetation work contemplated herein, no matter whether such
claims are made informally, in arbitration or mediation proceedings, or in court
proceedings.
5. SEVERABILITY: If any term or provision of this Agreement, or the application
thereof to any person or circumstances shall, to any extent, be held invalid or
unenforceable, the remainder of this Agreement, or the application of such terms
or provisions, to a person or circumstances other than those as to which it is held
invalid or unenforceable, shall not be affected, and every other teen and provision
of this Agreement shall be deemed valid and enforceable to the extent permitted
by law.
6. NO WAIVER OF IMMUNITY: No portion of this Agreement shall be deemed to
constitute a waiver of any immunities the parties or their officers or employees
may possess, nor shall any portion of this Agreement be deemed to have created a
duty of care which did not previously exist with respect to any person not a party
to this Agreement.
7. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly
understood and agreed that the enforcement of the terms and conditions of this
Agreement, and all rights of action relating to such enforcement, shall be strictly
reserved to the undersigned parties and nothing in this Agreement shall give or
allow any claim or right of action whatsoever by any other person not included in
this Agreement. It is the express intention of the undersigned parties that any
entity other than the undersigned parties receiving services or benefits under this
agreement shall be an incidental beneficiary only.
DIFFUSE KNAPWEED CHEMICAL WEED CONTROL COST SHARE AGREEMENT
THIS AGREEMENT is by and between , whose address is
("Landholder"), and Weld County,
Colorado, by and through the Weld County Public Works Department, whose address is P.O.
Box 758, Greeley, CO 80632 ("County").
The following legal description is for the property that is entered into this agreement.
T. R. S. Parcel Number:
NOXIOUS WEED SPECIES IDENTIFIED:
❑ Diffuse knapweed (Centaurea diffusa)
❑ Houndstongue (Cynoglossum officinale)
❑ Tamarisk (Tamarix ramosissima)
I have read and agree to the terms in the cost share agreement. I understand the legal
responsibilities of both parties as set forth in the contract.
SIGNED this day of , 2007
WITNESS: LANDHOLDER:
(Signature)
(Print Name of Witness)
WELD COUNTY, COLORADO, by and
through the WELD COUNTY PUBLIC
WORKS DEPARTMENT
BY:
M:\WPFILES\PES7\Cost Share them cost share AW.doc
DIFFUSE KNAPWEED CHEMICAL WEED CONTROL COST SHARE AGREEMENT
THIS AGREEMENT is by and between , whose address is
("Landholder"), and Weld County,
Colorado, by and through the Weld County Public Works Department, whose address is P.O.
Box 758, Greeley, CO 80632 ("County").
The following legal description is for the property that is entered into this agreement.
T. R. S. Parcel Number:
NOXIOUS WEED SPECIES IDENTIFIED:
❑ Diffuse knapweed (Centaurea diffusa)
❑ Houndstongue (Cynoglossum officinale)
❑ Tamarisk (Tamarix ramosissima)
I have read and agree to the terms in the cost share agreement. I understand the legal
responsibilities of both parties as set forth in the contract.
SIGNED this day of , 2007
WITNESS: LANDHOLDER:
(Signature)
(Print Name of Witness)
WELD COUNTY, COLORADO, by and
through the WELD COUNTY PUBLIC
WORKS DEPARTMENT
BY:
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