HomeMy WebLinkAbout08- Bozeman Convenience Site Indemnity Agreement, Gallatin Solid Waste Mgmt. Dist.jtort~-5 ceps
BOZEMAN CONVENIENCE SITE INDEMNITY AGREEMENT
THIS AGREEMENT, made and entered into this 8tlxlay of July , 2008,
by and between GALLATIN COUNTY, Montana and the Gallatin Solid Waste
Management District (collectively "COUNTY") and the CITY OF BOZEMAN, Montana
("BOZEMAN").
WITNESSETH:
WHEREAS, BOZEMAN has conducted solid waste disposal operations, at real
property described in Exhibit "A" attached hereto and incorporated herein ("City
Landfill");
WHEREAS, on September 26, 2007 BOZEMAN was included in an expanded
and reformed Gallatin Solid Waste Management District;
WHEREAS, it is anticipated that BOZEMAN will be closing the operation of the
City Landfill on or about July 1, 2008; and
WHEREAS, it is anticipated that COUNTY through the Gallatin Solid Waste
Management District will be conducting same projects and work at the City Landfill as
part of its operations.
NOW THEREFORE, based on mutual consideration and incorporating the~bove
recitals, IT IS MUTUALLY AGREED between COUNTY and BOZEMAN as follows:
1. BOZEMAN shall defend, indemnify and hold harmless COUNTY and its ~
officers, agents and employees from any and all losses, damage, fines, penalties, claims
or liabilities, including without limitation attorney's fees (and attorney's fees/salary of in
house counsel, i.e. City Attorney), removal and remediation, government oversight costs,
and cleanup orders from government authorities and all defense costs, directly or
indirectly arising out of, related to (in whole or in part), or resulting from the existence,
dischazge, seepage, migration, release or escape of any pollutants, hazardous materials or
substances, of any nature, that have been stared, disposed of, transported on, released or
migrated into, dischazged onto, processed, treated, or buried at the City Landfill on or
before July 1, 2008 (or the actual date of closure of the City Landfill).
2. If BOZEMAN fails or refuses to settle or defend a claim, action, or proceeding
in a timely fashion, COUNTY may, prior to the date that a response to the claim, action,
or proceeding needs to be filed with a court, take any and all actions reasonably necessary
to defend such claim, action, or proceeding and BOZEMAN shall reimburse COUNTY
for its costs and expenses incurred, including, but not limited to, staff time, court costs,
in-house counsel's time or any other direct or indirect costs associated with responding to
the claim, action, or proceedings.
Bozeman Convenience Site Indetwtity Agreement U ~ ~ t.! ~ n ~ /~
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3. If COUNTY settles any claim, action, or proceeding while defending pursuant
to Faragraph 2 above, BOZEMAN shall not be required to pay or perform any
settlements of such claim, action, or proceeding unless the settlement is approved in
writing by BOZEMAN.
4. If COUNTY should fail to cooperate fully in the defense, BOZEMAN shall
not thereafter be responsible to defend, indemnify, and hold harmless COUNTY or its
agents, officers, and employees pursuant to this Agreement.
5. Any party herein will promptly notify all other parties of any claim, action, or
proceeding that would trigger the applicability of this Agreement.
6. All notices to the COUNTY under this Agreement shall be deemed valid and
effective five (5) calendar days following deposit in the United States mail, postage,
prepaid, by certified and/or registered mail, addressed to:
GALLATIN COUNTY COMMISSIONERS
311 West Main
Bozeman, MT 59715
All notices to BOZEMAN under this Agreement shall be deemed valid and
effective five (5) calendar days following deposit in the United States mail, postage,
prepaid, by certified and/or registered mail, addressed to:
ti
Bozeman City Manager
PO Box 1230
Bozeman, MT 59715
7. This Agreement represents the complete understanding between the parties
with respect to matters set forth herein.
herein.
8. These obligations shall be binding on successors and assigns all of the parties
IN WITNESS WHEREOF, the parties hereto have duly caused this Agreement to
be executed on the date hereinabove first written.
GALLATIN SOLID WASTE MANAGEMENT
DISTRICT
Bruce Hanson, Chair
Board of Directors
Bozeman Convenience Site Indemnity Agreement ~ FK f ~ !
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ORIGINq~
GALLATIN COUNTY MONT.
By:
William A. Murdc~Ck, Chair
Board of County mmissi
ATTEST:
Charlotte Mills, Clerk and Recorder
CITY OF BOZEMAN, MONTANA
By:
Chris A. Kukulski
City Manager
ATTEST:
1
ity Clerk
,~
Bozeman. Conveaaience Site Indemnity Agreement
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