HomeMy WebLinkAbout980778.tiff RESOLUTION
RE: APPROVE FORM OF WELD COUNTY CHEMICAL WEED CONTROL COST SHARE
AGREEMENT AND DELEGATE AUTHORITY TO RON BRODA 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 Weld County 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 Department of
Public Works, and certain landowners who qualify, commencing upon full execution of said
agreements, and ending December 31, 1998, with further terms and conditions being as stated
in said agreements, 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 Weld County 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 Department of Public Works be, and
hereby is, approved.
BE IT FURTHER RESOLVED that the Board hereby delegates authority to Ron Broda,
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 6th day of May, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: EXCUSED
Constance L. Harbert, Chair
Weld County Clerk to the Board
W. K. ster, Pro-Te
Deputy Clerk to the Board •
Georg . Baxter
OV D A ORM:
D eK. Hall
y o ey
Barbara J. Kirkmeyer
980778
( ( / /�, /''`;- I r EG0037
WELD COUNTY 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 933 N. 11th
Avenue, Greeley, CO 80631 ("County").
WITNESSETH:
WHEREAS, County is offering to certain landowners who qualify a Chemical Weed Control
Cost Share Program for the 1998 Summer and Fall weed seasons, and
WHEREAS, Landholder owns or leases property in Weld County described as follows:
This property is located within V2 mile of a watercourse, is along a draw which leads to a
watercourse, and/or is within 1 mile of any border of Weld County, and
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:The weed species"checked"below have
been identified to exist on the Landholder's property:
❑ Field Bindweed (Convolvolus arvensis)
❑ Diffuse Knapweed (Centaurea diffusa)
❑ Russian Knapweed (Acroptilon repens)
❑ Spotted Knapweed (Centaurea maculosa)
❑ Leafy Spurge (Euphorbia exula)
❑ Canada Thistle (Cirsium arvense)
❑ Musk Thistle (Carduus nutans)
❑ Scotch Thistle (Onopordum acanthium)
These weed infestations have been mapped by the Weld County Field Technician.
2. APPLICATION OF CHEMICAL:
a. COUNTY AGREES: To cost share with the Landholder, on chemical costs
incurred by the Landholder in controlling the weed species checked above on
Page 1 of 4 Pages
the property described above, on a 50%/50% basis, up to a maximum total
cost of$600 ($300 paid by Landholder/$300 paid by County). Landholder
may split the total cost between Summer and Fall. 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. No cost share shall be allowed for
costs of labor involved in the application of chemical.
b. LANDHOLDER AGREES:To cost share with the County,on chemical costs
incurred by the Landholder in controlling the weed species checked above on
the property described above, on a 50%/50% basis, up to a maximum total
cost of$600 ($300 paid by Landholder/$300 paid by County). 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.
4. RESEEDING/REVEGETATION FOR WEED CONTROL:
a. COUNTY AGREES: To cost share with the Landholder, on the costs
incurred by the Landholder in seed and labor costs for the reseeding and/or
revegetation of sites for the weed species checked above on the property
described above, on a 50%/50% basis, up to a maximum total cost of$600
($300 paid by Landholder/$300 paid by County). County shall pay its share
to Landholder within 30 days after Landholder submits to County a receipt
for full payment of the costs of seed and labor (to be performed by a
commercial reseeding company). Cost share shall only be allowed for
reseeding/revegetation if the site has already received adequate cultural,
mechanical, or chemical noxious weed control and if the cost sharing has
been approved by a Weld County Field Technician/VMS prior to conducting
operations.
b. LANDHOLDER AGREES: To cost share with the County, on the costs
incurred by the Landholder in seed and labor costs for the reseeding and/or
revegetation of sites for the weed species checked above on the property
described above, on a 50%/50% basis, up to a maximum total cost of$600
($300 paid by Landholder/$300 paid by County). Landholder shall submit
to County, within 30 days after the reseeding and/or revegetation (to be
performed by a commercial reseeding company), a receipt for full payment
of the costs of the reseeding and/or revegetation in order to receive payment
from County. Landholder agrees to be solely responsible for the reseeding
and/or revegetation or arranging for the same.
Page 2 of 4 Pages
5. 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 December 31, 1998.
6. 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 judgements 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.
7. 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 term and provision of this
Agreement shall be deemed valid and enforceable to the extent permitted by law.
8. 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.
Page 3 of 4 Pages
SIGNED this day of , 1998.
WITNESS: LANDHOLDER:
(Print Name of Witness)
WELD COUNTY, COLORADO, by and
through the WELD COUNTY PUBLIC
WORKS DEPARTMENT
BY:
M:\WPFE.ES\AGREE\CHEM WEED.WPD
Page 4 of 4 Pages
9 & 77S
Hello