THIS AGREEMENT, made __________ by and between ______________________________________, hereinafter called “Property Owner”, and _____________________________________________________, hereinafter called “Project Leader”. Witnesseth that the Property Owner(s) and the Project Leader, for considerations here mentioned, agree as follows:
The Property Owner(s) agrees to allow the installation of a water quality and/or habitat best management practice on the property at:
___________________________________________________ (street address)
___________________________________________________ (town, state & zip code).
This landowner project agreement allows the Project Leader and/or its partners to undertake restoration activities on land owned by the Property Owner(s). The project area, (____ acres in size), as depicted on the site map (Appendix A), is located at ____________________________________________. The Property Owner agrees to not destroy or otherwise damage the restored area in perpetuity.
In signing this agreement, the Property Owner grants to the Project Leader, or its designees, the authority to complete the restoration project as shown on the design plans (Appendix B) with financial or material support from the Project Leader or its partners.
The Property Owner grants to the Project Leader and its Partners vehicular access to the site at reasonable times for conducting project-related activities such as inspecting work, surveying, monitoring the success of the project, and planting additional vegetation.
The Property Owner retains all rights to control trespass and retains all responsibility for taxes, assessments, granting rights-of-way, control and eradication of noxious weeds, and other incidences of ownership.
The Property Owner understands that neither the Project Leader nor its agent makes any claims or warranties as to the life of any projects completed under this program. The only warranties, express or implied, for work performed under this agreement are those that may be made by the firms retained to do the project design, or installation work described in the permits, proposal, project Drawings and Specifications. If the Property owner retains the Project Leader or its agent to undertake the survey and design work for this project, the Property Owner understands that no warranties, express or implied, with regard to the surveys and designs, are made. If the Project Leader or its agent is retained by the Property Owner to undertake construction in accordance with the project Drawings and Specifications, only those implied warranties secured by law may apply, and no other warranties are made.
4. Once the Project Leader and its agent certify as to the completeness of the project, and provide reimbursement of funds to the Contractor, neither the Project Leader nor its agent is under any obligation to provide additional funds to the Property Owner to help defray the cost of maintenance, repairs or remedial work, unless otherwise noted in the maintenance agreement.
5. Projects covered under this agreement will not be used for mitigation credit, either to be used by the Property Owner or sold by the Property Owner, or to otherwise offset habitat or water quality losses. Projects may not be used to enable individuals cited for noncompliance with a nonpoint source pollution control law or regulation to achieve compliance.
6. Finally, the Property Owner agrees that the Project Leader, its officers, agents and employees will not be responsible for any damage to life and property due to its activities, or those of its officers, agents, and employees, in connection with its performance under this Agreement except as permitted by the Maryland Tort Claims Act. Nothing herein is deemed to be a waiver of any immunity which may exist in any action against the Project Leader or its agents.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written.