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RES 1980-12 CITY OF BOULDER AGREEMENT THIS AGREEMENT, Made and entered into this 3rd day of July, 1980 by and between the County of Jefferson, State of Montana (hereinafter referred to as the "COUNTY "), acting by and through its Board of County Commissioners, and the Town of Boulder, County of Jefferson, State of Montana; (hereinafter referred to as the "TOWN "), acting by and through its Town Council; W I T N E S S E T H; That the County and the Town, for and in consideration of the mutual covenants, promises, and stipulations hereinafter specified, hereby agree as follows: 1. The County agrees to provide, upon the Town's request but at the County's convenience, certain pieces of heavy equipment owned by the County, including but not limited to a frontend loader and back --hoe. 2. The County agrees to present the said heavy equipment to the Town in operational condition and agrees to provide all gasoline, diesel fuel, and motor oil needed by said heavy equipment while it is being used by the Town; further, the County agrees to make and pay for any repairs necessary to render or maintain said heavy equipment in operational condition; however, if such repairs are negpq tated by.the, negligence of the Town and do not result from ordinary wear and tear, the Town shall be liable for the cost of such repairs. 3. In return for the use of said heavy equipment, the Town agrees that it will not charge the County for the use of the Town's garbage dump, and the County shall be allowed to use the Town's garbage dump for the disposal of garbage from the Town of Basin Montana. 4. The Town further agrees to obtain and maintain liability insurance in an amount sufficient to cover any damages resulting to any person from accident or occurence arising out of the Town's use or operation of the said heavy equipment and further agrees to indemnify and hold harmless the County for any such damages. 5. The Town agrees that the said heavy equipment shall be used only for tasks designated by the Town, and operated only by employees of said Town, unless other wise designated by the Road Foreman, and that said heavy equipment shall not be used by, nor assigned to, any other persons or entities. 6. This Agreement shall be effective when finally signed by all of the parties hereto, and shall terminate on June 30, 1981; at the end of the said period, an accounting will be' -1- made at which time the use of said heavy equipment, at a rate of $25.00 per hour, will be setoff against the usual charge for the use of the dump by the County for the same period of time, to -wit; and the County shall pay any balance due to the Town, and the Town shall pay the County for any overage at the above rate per hour, 7. This Agreement as to the subject matter hereof embodies the whole agreement between the County and the Town; there are no promises, terms, conditions, or obligations other than those contained herein, and this. supersedes all pervious communications, representations or agreements, either verbal or written, between the parties hereto as to the subject matter hereof. IN WITNESSTH WHEREOF, the parties hereto have hereunto set their hands and seals in the day and year first above written. JEFFERS7 COUNTY g ! %� y ' l -ate _� .- �'.,,�r. ��'✓ _..:- (:":�:_.. � -..... Chairman of the Board of County Commissioners of Jeff-ersorwke iunty ATTEST; bnty ClerKan Recorder (Seal) TOWN OF BOULDER' By.- . _ - - Aut orize Agent ATTE S T -- (seal) -2- .) ` J