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Attachment A INCENTIVE PROGRAM AGREEMENT THIS AGREEMENT is made the 08 day ofMay, 2014, by and between the Ramsey-Washington Metro Watershed District, (hereinafter "District") and City of Roseville of 2660 Civic Center Drive, Roseville, MN (hereinafter "Landowner"). #14-06-CS 1.BACKGROUND 1.1 The District has included in its annual budget funds to cost-share with approved Landowners to implement best management practices within the watershed district. 1.2 The District funding is limited to 100% of the cost of materials and labor actually incurred by the Landowners for the project as approved by the District, up to a maximum contribution of $100,000 per commercial/governmental Landowner. 1.3 Landowner has applied to the District for funds to help pay for the cost of materials or labor for Raingarden(1), Subsurface Stormwater Treatment(2) (hereinafter "Project") as described in the BMP Incentive Program Application attached herein as Exhibit A. 1.4 The District is willing to fund the Project described in Exhibit A in accordance with the terms of this Agreement. 2. SERVICES 2.1 Landowner will complete the Project described in Exhibit A in accordance with the terms, scope, schedule, and budget set forth therein. The Landowners do hereby covenant that they are the owners and are lawfully seized and possessed of the real estate above-described. 2.2 Landowner shall maintain the Project for a period of twenty (20) years per commerical/government Landowner from the date of this document. The agreement shall run with the land and extend to and bind the heirs, representatives, successors and/or assigns of the party hereto respectively. 3. REIMBURSEMENT 3.1 Expenses incurred by Landowner in Exhibit A will be reimbursed by the District up to 100% of the total cost of materials or labor actually incurred by Landowner up to a maximum amount of $100,000 per commercial/governmental property. Upon incurring the costs identified in Exhibit A, the Landowner shall provide a list of all reimbursable expenses incurred and receipts or copies of receipts therefore, to the District. 3.2 The District will reimburse the identified reimbursable expenses in accordance with Section 3.1 within 60 days of receipt of the required financial and performance information and receipts. 3.3 The District will not be liable or responsible for payment for services or reimbursement for expenses other than those specified as reimbursable expenses in accordance with Section 3.1. 3.4 Following the completion of the project described in Exhibit A, Landowner shall submit a final financial report to the District listing the final expenses for the activity, along with copies of receipts. GENERALTERMS 4.1 This Agreement shall remain in effect unless canceled by mutual agreement or in accordance with Section 4.2. This Agreement shall expire if the Project is not completed pursuant to the schedule in Exhibit A and the financial information required by Sections 3.1 and 3.4 is not received within one year after approval. 4.2 If weather or other conditions beyond the control of the Landowner do not permit the completion of this Project within one year after approval, this Agreement may be amended, by mutual written consent of the parties, to reschedule the Project and funding. 4.3 Landowner must obtain all permits required in conjunction with the Project, including but not limited to City and Department of Natural Resources approval, prior to starting the Project. 4.4 Landowner agrees to allow the District access to the Project area for evaluation and promotion of the Project. The Landowner agrees to make the site available as a demonstration site to the general public at the reasonable request of the District. 4.5 Landowner will act in all respects as an independent contractor under this Agreement and will be solely responsible for performance of services required hereunder as well as the means and manner of performance thereof. The District will not be an employer, partner, or co-venturer with Landowner for any purpose. Nothing herein authorizes Landowner to act as an agent or representative of the District for any purpose whatsoever. 4.6 Landowner shall indemnify, defend and hold the District and its agents, employees, officers and contractors, harmless from all claims made by Landowner and/or third parties for damage or loss sustained or costs incurred, including but not limited to District staff, engineering and attorneys fees, in connection with