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2014_0609_CCpacket
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7/8/2014 1:53:18 PM
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Attachment A <br />INCENTIVE PROGRAM AGREEMENT <br />THIS AGREEMENT is made the 08 day ofMay, 2014, by and between the Ramsey-Washington Metro <br />Watershed District, (hereinafter "District") and City of Roseville of 2660 Civic Center Drive, Roseville, MN <br />(hereinafter "Landowner"). #14-06-CS <br />1.BACKGROUND <br />1.1 The District has included in its annual budget funds to cost-share with approved Landowners to <br />implement best management practices within the watershed district. <br />1.2 The District funding is limited to 100% of the cost of materials and labor actually incurred by the <br />Landowners for the project as approved by the District, up to a maximum contribution of $100,000 per <br />commercial/governmental Landowner. <br />1.3 Landowner has applied to the District for funds to help pay for the cost of materials or labor for <br />Raingarden(1), Subsurface Stormwater Treatment(2) (hereinafter "Project") as described in the BMP <br />Incentive Program Application attached herein as Exhibit A. <br />1.4 The District is willing to fund the Project described in Exhibit A in accordance with the terms of this <br />Agreement. <br />2. SERVICES <br />2.1 Landowner will complete the Project described in Exhibit A in accordance with the terms, scope, <br />schedule, and budget set forth therein. The Landowners do hereby covenant that they are the owners and <br />are lawfully seized and possessed of the real estate above-described. <br />2.2 Landowner shall maintain the Project for a period of twenty (20) years per commerical/government <br />Landowner from the date of this document. The agreement shall run with the land and extend to and bind <br />the heirs, representatives, successors and/or assigns of the party hereto respectively. <br />3. REIMBURSEMENT <br />3.1 Expenses incurred by Landowner in Exhibit A will be reimbursed by the District up to 100% of the total <br />cost of materials or labor actually incurred by Landowner up to a maximum amount of $100,000 per <br />commercial/governmental property. Upon incurring the costs identified in Exhibit A, the Landowner shall <br />provide a list of all reimbursable expenses incurred and receipts or copies of receipts therefore, to the <br />District. <br />3.2 The District will reimburse the identified reimbursable expenses in accordance with Section 3.1 within 60 <br />days of receipt of the required financial and performance information and receipts. <br />3.3 The District will not be liable or responsible for payment for services or reimbursement for expenses other <br />than those specified as reimbursable expenses in accordance with Section 3.1. <br />3.4 Following the completion of the project described in Exhibit A, Landowner shall submit a final financial <br />report to the District listing the final expenses for the activity, along with copies of receipts. <br />GENERALTERMS <br />4.1 This Agreement shall remain in effect unless canceled by mutual agreement or in accordance with <br />Section 4.2. This Agreement shall expire if the Project is not completed pursuant to the schedule in Exhibit A <br />and the financial information required by Sections 3.1 and 3.4 is not received within one year after approval. <br />4.2 If weather or other conditions beyond the control of the Landowner do not permit the completion of this <br />Project within one year after approval, this Agreement may be amended, by mutual written consent of the <br />parties, to reschedule the Project and funding. <br />4.3 Landowner must obtain all permits required in conjunction with the Project, including but not limited to <br />City and Department of Natural Resources approval, prior to starting the Project. <br />4.4 Landowner agrees to allow the District access to the Project area for evaluation and promotion of the <br />Project. The Landowner agrees to make the site available as a demonstration site to the general public at the <br />reasonable request of the District. <br />4.5 Landowner will act in all respects as an independent contractor under this Agreement and will be solely <br />responsible for performance of services required hereunder as well as the means and manner of <br />performance thereof. The District will not be an employer, partner, or co-venturer with Landowner for any <br />purpose. Nothing herein authorizes Landowner to act as an agent or representative of the District for any <br />purpose whatsoever. <br />4.6 Landowner shall indemnify, defend and hold the District and its agents, employees, officers and <br />contractors, harmless from all claims made by Landowner and/or third parties for damage or loss sustained <br />or costs incurred, including but not limited to District staff, engineering and attorneys fees, in connection with <br />
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