1502 Progress Ct.
Wheatland, WY 82201
307-322-9060
Great Plains No-Till Drill Contract
Memorandum of Understanding
Great Plains
No-Till Drill Program
This agreement between the Platte County Resource District (PCRD or District) and the Landowner/Operator, is entered into this __________ day of ________________, 2009.
This agreement is intended to provide both parties with a clear understanding of the duties and responsibilities designated to each party.
Rental charges for use of the no-till drill shall be $10.00 for each acre. If landowner chooses to have the PCRD operate the no-till drill with our tractor the charge will be $25.00 for each acre. PCRD will only operate the no-till outside of the tree season (October-February). It is agreed that these charges shall be paid within 30 days from the date of invoice. A monthly service charge will be added after the 30 days. Operating drill without a signed contract is prohibited.
The rental fee goes towards maintenance of the equipment to ensure availability of the equipment to the next user. A $250.00 damage and cleaning deposit is required prior to release of the equipment to the renter. This deposit is refundable as long as the equipment is returned without damage and is properly cleaned.
In an effort to avoid scheduling delays and inconveniences to those waiting to use the drill, the following conditions have been established:
I. District Responsibility
A. The District shall deliver the no-till drill to the landowner/operator. Upon completion of planting, the District shall pick up the drill from a pre-arranged site.
B. Upon request, the District shall provide any needed instructions regarding the use, care and calibration of the drill.
C. The District shall properly document any known mechanical or operational defects/problems before leaving the premises.
D. The District shall not be responsible for the outcome of the planted acres. The acre meter will be read before and after planting to determine billable acres.
E. The District shall bill the landowner/operator for all planted acres according to the acre counter. No adjustments will be made to the acreage.
II. Landowner/Operator Responsibilities
A. The landowner/operator must use the no-till drill for his/her own use. Loaning the drill to another landowner/operator is prohibited.
B. Custom work performed by the operator on land that is not pre-approved by the district is prohibited.
C. The landowner/operator shall exercise normal and reasonable care and maintenance of the drill while in his/her possession.
D. The drill shall be used only for that amount of acres or time that has been previously arranged with the District.
E. The drill shall be used only on the fields that have been previously approved by the District.
F. Any mechanical alterations to seed boxes or seeding mechanisms must be pre-approved by the district.
G. The landowner/operator will adhere to the time schedule that has been arranged. When the drill is delivered to you. Do Not Procrastinate. Use the drill that day if weather conditions permit. We have a tight schedule to fulfill all requests. Time is limited, so use the drill as you have agreed.
H. The District must be notified immediately upon completion of planting to insure timely delivery to the next landowner/operator.
III. Hold Harmless and Indemnification
Landowner/Operator recognizes the hazards associated with the operation of the no-till drill and personal safety requirements necessary to ensure the safe operation and use of this piece of equipment. To the fullest extent permitted by law, the Landowner agrees to indemnify Platte County and/or PCRD, their officers, employees, agents, and others acting on their behalf, to hold them harmless and to defend and protect them, from and against any and all loss, damage, liability, cost and expense of any sort whatsoever, based upon, resulting from, or otherwise arising in connection with any actions, claims or proceedings (of any sort and from any source whatsoever brought), or any loss, damage or injury of any type whatsoever sustained, whether or not also caused in part by a party indemnified hereunder, by reason of any act of omission of Landowner/Operator, its officers, employees or agents, or any other person(s) or entity(ies) for whose acts or omissions Landowner/Operator may be legally responsible, in the performance of any Landowner's/Operator's obligations (whether expressed or implied) under this Memorandum of Understanding.
I have read, understand and fully agree with the terms as stated in this memorandum. I understand that any infringement may be subject to additional payments, penalties or waiver of recovery for damages. Please sign below:
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Landowner/Operator |
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Address |
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Phone |
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District Representative |
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Estimated # of acres |
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For Office Use Only:
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Estimated Completion Time & Date |
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Date & Time of Delivery |
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Starting Acreage |
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Ending Acreage |
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Actual Number of Acres Planted |
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Actual Completion Date |
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Deposit |
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Amount to be Billed |
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Drill Inspection Date |
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Invoice Number |
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