HomeMy WebLinkAbout87- Spring Agreement
,
,
..
AGREEMENT
THIS AGREEMENT is made on the I ~7;:6 day of
!tkrL/~ , in the year 19 ;""7 , by and between the
City of Bozeman, a Municipal Corporation of 411 East Main,
Bozeman, Montana 5~771, _hereinafter referred to as the
" , // . " ) /
/t:'C. y"& {( 'ells.....1 0", (, of
".'" """,,. , F
I . ~ /"'-- ..!
/4t:k,.. _.f./_/k~" 1;// Ph ,()~ V , referred to
/
as the "Owner."
WIT N E SSE T H:
WHEREAS, the City operates u secondary sewage treatment
plant for municipal waste water that provides an end product
of anaerobically digested sludge in a semi-liquid form which
has a nitrogen level from 3.5 to 6.4 percent, phosphate 1.8
to 8.7 percent and potash at 0.24 to 0.84 percent. The
sludge has been treated by an EPA-approved process to
significantly reduce pathogens, and
WHEREAS, the sludge makes a soil conditioner and
provides humus and fertilizer that can be used on the
Owner's croplands.
NOW, THEREFORE, the Owner hereby requests the City to
apply sludge on certain lands of the Owner as described in
this Agreement.
The City will provide the sludge, haul it to the
OWner's designated cropland and inject it into the soil for
,. C?5 /, '
a lump sum cost of ,/6 -' dollars per acre. //{?,~_~/
The Owner acknowledges that he has examined and
investigated the sludge and 15 fully satisfied, familiar and
acquainted therewith, and that he is entering into this
Agreement based on his own examination and investigation and
that no representations (except those contained in this
Agreement) concerning the sludge have been made by the City
or anyone acting on behalf of the City.
The Owner hereby agrees to:
a. Prohibit public access to the treated land
for a minimum of twelve (12) months following
application of sludge.
,
.
.
b. Prohibit grazing of animals whose products are
consumed by humans on the treated land for a
minimum of one month following application
of sludge.
c. Prohibit planting of crops for direct human
consumption without processing to minimize
pathogens for a period of eighteen (18 ) months
following application of the sludge.
The Owner will notify the City when he wants the sludge
to be applied. The notification will be in sufficient time
to allow the City to test the land and sludge to determine
the proper application rates for the crop which is to be
planted in accordance with the City's sludge utilization
management plan dated 1982.
The City will not apply sludge to land where test
results of the land and/or sludge exceed limits established
by the Montana Department of Health and Environmental
Sciences.
The City will not inject sludge on lands that:
a. Have slopes greater than 20 percent or
cannot be safely traversed with the City's
equipment.
b. Are in the floodway of a 100-year flood.
c. Are rocky or nontillable.
d. The groundwater is less than three feet
from the surface.
e. Are eligible for inclusion in the National
Register of Historic Sites.
f. Have a soil pH less than or equal to 6.5.
g. Are inaccessible.
h. Are determined by the City to be unsuitable
for any reason.
The Owner will install groundwater monitors if he
elects to have sludge applied to lands where the groundwater
is less than five feet from the surface.
-2-
.
#
.
.
. .
The Owner will provide the City access to the treated
lands for a period of eighteen (18) months after application
of the sludge.
The land contemplated by this Agreement contains
{'J acres and is located in the County of Gallatin,
Montana, Section (:;;1' , Township ..<7 C" ,
.; iiI
Range IV .
The crops which will be grown on this land are
. ." ~ I ' ... /) ;} fk, ) I
{. ,/,.L {L it.> -r D. YcLJ' ~rd ) c.t .
The Owner agrees to indemnify and save harmless the
City, its agents and employees against and from any and
all actions, suits, claims, demands or liability of any
character whatsoever, brought or asserted for injuries to
or death of any person or persons, or damage to property
arising out of, resulting from or occurring in connection
with the provision of the sludge herein specified.
The City shall not be liable for injury or damage to
any person or property of any nature whatsoever occurring in
connection with this Agreement unless caused by or resulting
from the negligence of the City.
This Agreement will terminate one (1) year after the
date of execution unless it is agreed by both the Owner and
the City to extend the term of the Agreement.
The City reserves the right to terminate this Agreement
at any time.
IN WITNESS WHEREOF, the parties hereto have signed and
sealed this Agreement the day and year first above written.
CITY OF BOZEMAN OWNER
/)
\ '" ' 1/ ('{'; xl'. /
, ..1 I .\ '. ,.. ..' . . .. I
BY'=-: . \t~"_)"/( \.l\ By , J.,L Ct-( '2/,) t'LC- L ..<,__,~~
Ci ty Manager / 'J 7' \
Attest:
, ' I i
. J .' I i I
.. ~! ' ' . )
, , .j.. f I,...r ' "
Clerk of City c~mmission
-3-