No Spray Weed Control Agreement

    THIS AGREEMENT made and entered into this _______ day of ________, ________, by and between BOUNDARY COUNTY, a political subdivision of the State of Idaho, by and through its Board of County Commissioners (hereinafter called "County"), and _____________________________, a Boundary County, Idaho Property owner, hereinafter called "Owner."

   WHEREAS, the Boundary County Commissioners have the duty and responsibility for controlling noxious weeds on the lands and rights-of-way under their control;

   WHEREAS, the Owner desires that the road right-of-way adjacent to the Owner's property NOT be sprayed with herbicide;

   NOW, THEREFORE, IT IS HEREBY AGREED as follows:

   1.  Owner will comply with the Idaho State law regulating noxious weed control by taking the necessary steps to control noxious weeds on County's right-of-way adjacent to Owner's property.

   2.  Owner will control noxious weeds on said County right-of-way.

   3.  Owner will assist County's employees in identifying areas not to be sprayed and to place and maintain signs on Owner's property adjacent to the road right of way indicating where herbicide spraying should cease and where spraying should resume.

   4.  In consideration of Owner's desire and willingness to perform weed control on the applicable rights-of-way, County will refrain from spraying in those locations properly designated.

   5.  Owner agrees and understands that failure to perform the weed control work shall cause this agreement to be null and void, at which time the County will take steps to have the right-of-way treated.

   6.  Owner further agrees to indemnify and hold harmless County for any and all injury to persons or property that may occur as a result of Owner's weed control efforts on County property.

   DATED this ________ day of _____________ , _________

BOUNDARY COUNTY BOARD                                                OWNER

OF COMMISSIONERS

_________________________________________                    ______________________________________

Ron Smith, Chair

_________________________________________

Dan Dinning

_________________________________________

Walt Kirby

ATTEST:

Glenda Poston, Clerk of the Board of County Commissioners

By  _____________________________, Deputy

Form #44-1/00E