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HomeMy WebLinkAbout87- Agreement (2) ... . AGREEMENT THIS AGREEMENT is made on the .-. day of ~. . II , in the year 19 , by and between the City of Bozeman, a Municipal Corporation of 411 East Main, Bozeman, Montana 59771, hereinafter referred to as the "City" and ) ,. of '. I ~' )"- / ~-~~,-.,/:;...~,~-- , hereinafter referred to ..._~ as the "Owner. " WIT N E S SET H: WHEREAS, the City operates a 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 /tP.... a lump sum cost of I, ..' dollars per acre. The Owner acknowledges that he has examined and investigated the sludge and is 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 (excep t 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. I . 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 acres and is located in the County of Gallatin, Montana, Section :7 , Township IS' , Range A[~ ........,./ '"~ . The crops which will be grown on this land are ! I " ',. ' , , and . 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 ---", j / \ 'j / I .~~,- 'ct. "V ....''l.,;;,) C' , By ") /.' f . ~. .... I.,.r ,..../;.- .."., r ity Manager I. , / / Attest: , I / - '{,i / I " .,' I' ' ~,,( ~, +, '~: ~. ./1 " I, I t \ """".. < ,.,..,-, t... Clerk of City Commission -3-