Common use of Agreement Provisions Clause in Contracts

Agreement Provisions. A. In consideration of the benefits that incur from the investment in the property, and/or monies received, the Grantee and the undersigned Landowner agree to participate in the Pennsylvania Department of Environmental Protection (“PA DEP”) Growing Greener Watershed Protection or AMD Set-Aside Grant Programs and comply with the terms set forth in this Agreement. B. Landowner represents and agrees that he/she is the sole owner of the real property on which the Project is to be performed, or has secured a sufficient property interest, including any easements or right-of-ways, necessary to grant access for the completion and maintenance of the Project. A map of the Project site, including adjacent streams and roads, is attached hereto as Exhibit A (“Premises”). 1. Landowner agrees that the PA DEP and/or Grantee, its employees, agents and contractors shall have the right to enter upon the Premises to perform the work described in “Attachment D, Scope of Work” of the DEP Grant Agreement. The right to enter shall also include periodic monitoring visits for the life of this Agreement. 2. By offering the Premises for implementation of this Project, Landowner agrees to allow access, design preparation and implementation and repair of the Project for the duration of construction and for the time period identified in Section 1, Paragraph B (11) of this Agreement. 3. Grantee agrees that the Conservation Practices/Best Management Practices (“CP/BMPs”) needed to correct the problems identified in "Attachment D, Scope of Work” of the DEP Grant Agreement shall be performed according to the (Check all that apply): a) The NRCS Pennsylvania Field Office Technical Guide, b) The Guidelines for Natural Stream Channel Design in Pennsylvania, c) The USDA NRCS National Engineering Handbook, d) A Handbook for Constructed Wetlands, Volume 0, Xxxxxxxx Xxxxxxxx, x) The Stormwater Best Management Practices Manual, f) Plans developed by or certified by a Registered Professional Engineer and approved by PA DEP, g) Manure Management or Nutrient Management plan developed for the operation. 4. The CP/BMPs shall be maintained pursuant to Section 2, Paragraph C of this Agreement. 5. The Landowner Grantee shall be responsible for adherence to the standards set forth in Section 2, Paragraph C and shall not act in any manner inconsistent with the terms of this Agreement. 6. The Landowner Grantee agrees not to destroy, alter or modify the CP/BMPs, except to perform needed repairs, for the period covered by this Agreement, nor to undertake any action on land under the Landowner's control which tends to defeat the purposes of this Agreement. 7. Any marketable credits toward nutrient effluent limits (nutrient reduction credits) that may be realized on account of the Commonwealth funded portion of this Project and recognized by the DEP, are the property of the Commonwealth of PA, which maintains full ownership thereof. The Landowner and Grantee recognize and release all rights, claims, title or ownership to the nutrient reduction credits that are generated as a result of the Commonwealth funded portion of the work specified in this Agreement, for the time period covered by this Agreement. 8. Any aquatic resource compensation credits, including but not limited to wetland, waterway, aquatic habitat, floodplain or riparian credits, realized from the Commonwealth funded portion of the project, and recognized by the Pennsylvania Department of Environmental Protection, are the property of the Commonwealth of Pennsylvania, which maintains full ownership thereof. The Landowner and Grantee recognize and release all rights, claims, title or ownership to the aquatic resource compensation credits, in perpetuity, that are generated as a result of the Commonwealth funded portion of the work specified in this Agreement. 9. Landowner agrees to refund all or part of the grant money paid to it, as determined by the Grantee and DEP, if before the expiration of the term of this Agreement, the Landowner (a) destroys, alters or modifies the CP/BMPs installed, or (b) voluntarily relinquishes control or title to the land on which the CP/BMPs have been established, and the new landowner and/or operator of the land does not agree to maintain the CP/BMPs for the remainder of the term of this Agreement. If the new landowner agrees to assume Landowner’s obligations and to maintain the CP/BMPs for the remainder of the term of this Agreement, then a new Landowner-Grantee Agreement shall be executed by the new landowner. 10. This Agreement shall be binding on the parties, their heirs, legal representatives, successors, and assigns. 11. The term of this Agreement shall be for the duration of Project construction and a period of 20 years thereafter.

Appears in 2 contracts

Samples: Landowner – Grantee Agreement, Landowner – Grantee Agreement

AutoNDA by SimpleDocs

Agreement Provisions. A. In consideration of the benefits that incur from the investment in the property, and/or monies received, the Grantee and the undersigned Landowner agree to participate in the Pennsylvania Department of Environmental Protection (“PA DEP”) Growing Greener Watershed Protection or AMD Set-Aside Grant Programs and comply with the terms set forth in this Agreement. B. Landowner represents and agrees that he/she is the sole owner of the real property on which the Project is to be performed, or has secured a sufficient property interest, including any easements or right-of-ways, necessary to grant access for the completion and maintenance of the Project. A map of the Project site, including adjacent streams and roads, is attached hereto as Exhibit A (“Premises”). 1. Landowner agrees that the PA DEP and/or Grantee, its employees, agents and contractors shall have the right to enter upon the Premises to perform the work described in “Attachment D, Scope of Work” of the DEP Grant Agreement. The right to enter shall also include periodic monitoring visits for the life of this Agreement. 2. By offering the Premises for implementation of this Project, Landowner agrees to allow access, design preparation and implementation and repair of the Project for the duration of construction and for the time period identified in Section 1, Paragraph B (11) of this Agreement. 3. Grantee agrees that the Conservation Practices/Best Management Practices (“CP/BMPs”) needed to correct the problems identified in "Attachment D, Scope of Work” of the DEP Grant Agreement shall be performed according to the (Check all that apply): a) The NRCS Pennsylvania Field Office Technical Guide, b) The Guidelines for Natural Stream Channel Design in Pennsylvania, c) The USDA NRCS National Engineering Handbook, d) A Handbook for Constructed Wetlands, Volume 0, Xxxxxxxx Xxxxxxxx, x) The Stormwater Best Management Practices Manual, f) Plans developed by or certified by a Registered Professional Engineer and approved by PA DEP, g) Manure Management or Nutrient Management plan developed for the operation. 4. The CP/BMPs shall be maintained pursuant to Section 2, Paragraph C of this Agreement. 5. The Landowner Grantee shall be responsible for adherence to the standards set forth in Section 2, Paragraph C and shall not act in any manner inconsistent with the terms of this Agreement. 6. The Landowner Grantee agrees not to destroy, alter or modify the CP/BMPs, except to perform needed repairs, for the period covered by this Agreement, nor to undertake any action on land under the Landowner's control which tends to defeat the purposes of this Agreement. 7. Any marketable credits toward nutrient effluent limits (nutrient reduction credits) that may be realized on account of the Commonwealth funded portion of this Project and recognized by the DEP, are the property of the Commonwealth of PA, which maintains full ownership thereof. The Landowner and Grantee recognize and release all rights, claims, title or ownership to the nutrient reduction credits that are generated as a result of the Commonwealth funded portion of the work specified in this Agreement, for the time period covered by this Agreement. 8. Any aquatic resource compensation credits, including but not limited to wetland, waterway, aquatic habitat, floodplain or riparian credits, realized from the Commonwealth funded portion of the project, and recognized by the Pennsylvania Department of Environmental Protection, are the property of the Commonwealth of Pennsylvania, which maintains full ownership thereof. The Landowner and Grantee recognize and release all rights, claims, title or ownership to the aquatic resource compensation credits, in perpetuity, that are generated as a result of the Commonwealth funded portion of the work specified in this Agreement. 9. Landowner agrees to refund all or part of the grant money paid to it, as determined by the Grantee and DEP, if before the expiration of the term of this Agreement, the Landowner (a) destroys, alters or modifies the CP/BMPs installed, or (b) voluntarily relinquishes control or title to the land on which the CP/BMPs have been established, and the new landowner and/or operator of the land does not agree to maintain the CP/BMPs for the remainder of the term of this Agreement. If the new landowner agrees to assume Landowner’s obligations and to maintain the CP/BMPs for the remainder of the term of this Agreement, then a new Landowner-Grantee Agreement shall be executed by the new landowner. 10. This Agreement shall be binding on the parties, their heirs, legal representatives, successors, and assigns. 11. The term of this Agreement shall be for the duration of Project construction and a period of 20 years thereafter.

Appears in 2 contracts

Samples: Landowner – Grantee Agreement, Landowner – Grantee Agreement

Agreement Provisions. A. In consideration of the benefits that incur from the investment in the property, and/or monies received, the Grantee and the undersigned Landowner agree to participate in the Pennsylvania Department of Environmental Protection (“PA DEP”) Growing Greener Watershed Protection or AMD Set-Aside Grant Programs Program and comply with the terms set forth in this Agreement. B. Landowner X. Xxxxxxxxx represents and agrees that he/she is the sole owner of the real property on which the Project is to be performed, or has secured a sufficient property interest, including any easements or right-of-ways, necessary to grant access for the completion and maintenance of the Project. A map of the Project site, including adjacent streams and roads, is attached hereto as Exhibit A (“Premises”). 1. Landowner agrees that the PA DEP and/or Grantee, its employees, agents and contractors shall have the right to enter upon the Premises to perform the work described in “Attachment D, Scope of Work” of the DEP Grant Agreement. The right to enter shall also include periodic monitoring visits for the life of this Agreement. 2. By offering the Premises for implementation of this Project, Landowner Xxxxxxxxx agrees to allow access, design preparation and implementation and repair of the Project for the duration of construction and for the time period identified in Section 1, Paragraph B (11) of this Agreement. 3. Grantee Xxxxxxx agrees that the Conservation Practices/Best Management Practices (“CP/BMPs”) needed to correct the problems identified in "Attachment D, Scope of Work” of the DEP Grant Agreement shall be performed according to the (Check all that apply): a) The NRCS Pennsylvania Field Office Technical Guide, b) The Guidelines for Natural Stream Channel Design in Pennsylvania, c) The USDA NRCS National Engineering Handbook, d) A Handbook for Constructed Wetlands, Volume 04, Xxxxxxxx XxxxxxxxCoalmine Drainage, xe) The Stormwater Best Management Practices Manual, f) Plans developed by or certified by a Registered Professional Engineer and approved by PA DEP, g) Manure Management or Nutrient Management plan developed for the operation. 4. The CP/BMPs shall be maintained pursuant to Section 2, Paragraph C of this Agreement. 5. The Landowner Grantee shall be responsible for adherence to the standards set forth in Section 2, Paragraph C and shall not act in any manner inconsistent with the terms of this Agreement. 6. The Landowner Grantee agrees not to destroy, alter or modify the CP/BMPs, except to perform needed repairs, for the period covered by this Agreement, nor to undertake any action on land under the Landowner's control which tends to defeat the purposes of this Agreement. 7. Any marketable credits toward nutrient effluent limits (nutrient reduction credits) that may be realized on account of the Commonwealth funded portion of this Project and recognized by the DEP, are the property of the Commonwealth of PA, which maintains full ownership thereof. The Landowner and Grantee recognize and release all rights, claims, title or ownership to the nutrient reduction credits that are generated as a result of the Commonwealth funded portion of the work specified in this Agreement, for the time period covered by this Agreement. 8. Any aquatic resource compensation credits, including but not limited to wetland, waterway, aquatic habitat, floodplain or riparian credits, realized from the Commonwealth funded portion of the project, and recognized by the Pennsylvania Department of Environmental Protection, are the property of the Commonwealth of Pennsylvania, which maintains full ownership thereof. The Landowner and Grantee recognize and release all rights, claims, title or ownership to the aquatic resource compensation credits, in perpetuity, that are generated as a result of the Commonwealth funded portion of the work specified in this Agreement. 9. Landowner agrees to refund all or part of the grant money paid to it, as determined by the Grantee and DEP, if before the expiration of the term of this Agreement, the Landowner (a) destroys, alters or modifies the CP/BMPs installed, or (b) voluntarily relinquishes control or title to the land on which the CP/BMPs have been established, and the new landowner and/or operator of the land does not agree to maintain the CP/BMPs for the remainder of the term of this Agreement. If the new landowner agrees to assume Landowner’s obligations and to maintain the CP/BMPs for the remainder of the term of this Agreement, then a new Landowner-Grantee Agreement shall be executed by the new landowner. 10. This Agreement shall be binding on the parties, their heirs, legal representatives, successors, and assigns. 11. The term of this Agreement shall be for the duration of Project construction and a period of 20 years thereafter.

Appears in 2 contracts

Samples: Landowner – Grantee Agreement, Landowner – Grantee Agreement

Agreement Provisions. A. In consideration of the benefits that incur from the investment in the property, and/or monies received, the Grantee and the undersigned Landowner agree to participate in the Pennsylvania Department of Environmental Protection (“PA DEP”) Growing Greener Watershed Protection or AMD Set-Aside Grant Programs Program and comply with the terms set forth in this Agreement. B. Landowner Xxxxxxxxx represents and agrees that he/she is the sole owner of the real property on which the Project is to be performed, or has secured a sufficient property interest, including any easements or right-of-ways, necessary to grant access for the completion and maintenance of the Project. A map of the Project site, including adjacent streams and roads, is attached hereto as Exhibit A (“Premises”). 1. Landowner agrees that the PA DEP and/or Grantee, its employees, agents and contractors shall have the right to enter upon the Premises to perform the work described in the Attachment D, Scope of Work” attachment of the DEP Grant Agreement. The right to enter shall also include periodic monitoring visits for the life of this Agreement. 2. By offering the Premises for implementation of this Project, Landowner Xxxxxxxxx agrees to allow access, design preparation and implementation and repair of the Project for the duration of construction and for the time period identified in Section 1, Paragraph B (11) of this Agreement. 3. Grantee agrees that the Conservation Practices/Best Management Practices (“CP/BMPs”) needed to correct the problems identified in the "Attachment D, Scope of Work” attachment of the DEP Grant Agreement shall be performed according to the (Check all that apply): a) The NRCS Pennsylvania Field Office Technical Guide, b) The Guidelines for Natural Stream Channel Design in Pennsylvania, c) The USDA NRCS National Engineering Handbook, d) A Handbook for Constructed Wetlands, Volume 04, Xxxxxxxx XxxxxxxxCoalmine Drainage, xe) The Stormwater Best Management Practices Manual, f) Plans developed by or certified by a Registered Professional Engineer and approved by PA DEP, g) Manure Management or Nutrient Management plan developed for the operation. 4. The CP/BMPs shall be maintained pursuant to Section 2, Paragraph C of this Agreement. 5. The Landowner Grantee shall be responsible for adherence to the standards set forth in Section 2, Paragraph C and shall not act in any manner inconsistent with the terms of this Agreement. 6. The Landowner Grantee Xxxxxxx agrees not to destroy, alter or modify the CP/BMPs, except to perform needed repairs, for the period covered by this Agreement, nor to undertake any action on land under the Landowner's control which tends to defeat the purposes of this Agreement. 7. Any marketable credits toward nutrient effluent limits (nutrient reduction credits) that may be realized on account of the Commonwealth funded portion of this Project and recognized by the DEP, are the property of the Commonwealth of PA, which maintains full ownership thereof. The Landowner and Grantee recognize and release all rights, claims, title or ownership to the nutrient reduction credits that are generated as a result of the Commonwealth funded portion of the work specified in this Agreement, for the time period covered by this Agreement. 8. Any aquatic resource compensation credits, including but not limited to wetland, waterway, aquatic habitat, floodplain or riparian credits, realized from the Commonwealth funded portion of the project, and recognized by the Pennsylvania Department of Environmental Protection, are the property of the Commonwealth of Pennsylvania, which maintains full ownership thereof. The Landowner and Grantee recognize and release all rights, claims, title or ownership to the aquatic resource compensation credits, in perpetuity, that are generated as a result of the Commonwealth funded portion of the work specified in this Agreement. 9. Landowner agrees to refund all or part a portion of the grant money paid to itvalue of the CP/BMPs installed, as determined by the Grantee and DEP, if before the expiration of the term of this Agreement, the Landowner (a) destroys, alters or modifies the CP/BMPs installed, or (b) voluntarily relinquishes control or title to the land on which the CP/BMPs have been established, and the new landowner and/or operator of the land does not agree to maintain the CP/BMPs for the remainder of the term of this Agreement. If the new landowner agrees to assume LandownerXxxxxxxxx’s obligations and to maintain the CP/BMPs for the remainder of the term of this Agreement, then a new Landowner-Grantee Agreement shall be executed by the new landowner. 10. This Agreement shall be binding on the parties, their heirs, legal representatives, successors, and assigns. 11. The term of this Agreement shall be for the duration of Project construction and a period of 20 years thereafter.

Appears in 2 contracts

Samples: Landowner – Grantee Agreement, Landowner – Grantee Agreement

Agreement Provisions. A. In consideration of the benefits that incur from the investment in the property, and/or monies received, the Grantee and the undersigned Landowner agree to participate in the Pennsylvania Department of Environmental Protection (“PA DEP”) Growing Greener Watershed Protection or AMD Set-Aside Grant Programs Program and comply with the terms set forth in this Agreement. B. Landowner Xxxxxxxxx represents and agrees that he/she is the sole owner of the real property on which the Project is to be performed, or has secured a sufficient property interest, including any easements or right-of-ways, necessary to grant access for the completion and maintenance of the Project. A map of the Project site, including adjacent streams and roads, is attached hereto as Exhibit A (“Premises”). 1. Landowner agrees that the PA DEP and/or Grantee, its employees, agents and contractors shall have the right to enter upon the Premises to perform the work described in “Attachment D, Scope of Work” of the DEP Grant Agreement. The right to enter shall also include periodic monitoring visits for the life of this Agreement. 2. By offering the Premises for implementation of this Project, Landowner Xxxxxxxxx agrees to allow access, design preparation and implementation and repair of the Project for the duration of construction and for the time period identified in Section 1, Paragraph B (11) of this Agreement. 3. Grantee Xxxxxxx agrees that the Conservation Practices/Best Management Practices (“CP/BMPs”) needed to correct the problems identified in "Attachment D, Scope of Work” of the DEP Grant Agreement shall be performed according to the (Check all that apply): a) The NRCS Pennsylvania Field Office Technical Guide, b) The Guidelines for Natural Stream Channel Design in Pennsylvania, c) The USDA NRCS National Engineering Handbook, d) A Handbook for Constructed Wetlands, Volume 04, Xxxxxxxx XxxxxxxxCoalmine Drainage, xe) The Stormwater Best Management Practices Manual, f) Plans developed by or certified by a Registered Professional Engineer and approved by PA DEP, g) Manure Management or Nutrient Management plan developed for the operation. 4. The CP/BMPs shall be maintained pursuant to Section 2, Paragraph C of this Agreement. 5. The Landowner Grantee shall be responsible for adherence to the standards set forth in Section 2, Paragraph C and shall not act in any manner inconsistent with the terms of this Agreement. 6. The Landowner Grantee agrees not to destroy, alter or modify the CP/BMPs, except to perform needed repairs, for the period covered by this Agreement, nor to undertake any action on land under the Landowner's control which tends to defeat the purposes of this Agreement. 7. Any marketable credits toward nutrient effluent limits (nutrient reduction credits) that may be realized on account of the Commonwealth funded portion of this Project and recognized by the DEP, are the property of the Commonwealth of PA, which maintains full ownership thereof. The Landowner and Grantee recognize and release all rights, claims, title or ownership to the nutrient reduction credits that are generated as a result of the Commonwealth funded portion of the work specified in this Agreement, for the time period covered by this Agreement. 8. Any aquatic resource compensation credits, including but not limited to wetland, waterway, aquatic habitat, floodplain or riparian credits, realized from the Commonwealth funded portion of the project, and recognized by the Pennsylvania Department of Environmental Protection, are the property of the Commonwealth of Pennsylvania, which maintains full ownership thereof. The Landowner and Grantee recognize and release all rights, claims, title or ownership to the aquatic resource compensation credits, in perpetuity, that are generated as a result of the Commonwealth funded portion of the work specified in this Agreement. 9. Landowner agrees to refund all or part of the grant money paid to it, as determined by the Grantee and DEP, if before the expiration of the term of this Agreement, the Landowner (a) destroys, alters or modifies the CP/BMPs installed, or (b) voluntarily relinquishes control or title to the land on which the CP/BMPs have been established, and the new landowner and/or operator of the land does not agree to maintain the CP/BMPs for the remainder of the term of this Agreement. If the new landowner agrees to assume Landowner’s obligations and to maintain the CP/BMPs for the remainder of the term of this Agreement, then a new Landowner-Grantee Agreement shall be executed by the new landowner. 10. This Agreement shall be binding on the parties, their heirs, legal representatives, successors, and assigns. 11. The term of this Agreement shall be for the duration of Project construction and a period of 20 years thereafter.

Appears in 2 contracts

Samples: Landowner – Grantee Agreement, Landowner – Grantee Agreement

Agreement Provisions. A. In consideration of the benefits that incur from the investment in the property, and/or monies received, the Grantee and the undersigned Landowner agree to participate in the Pennsylvania Department of Environmental Protection (“PA DEP”) Growing Greener Watershed Protection or AMD Set-Aside Grant Programs and comply with the terms set forth in this Agreement. B. Landowner represents and agrees that he/she is the sole owner of the real property on which the Project is to be performed, or has secured a sufficient property interest, including any easements or right-of-ways, necessary to grant access for the completion and maintenance of the Project. A map of the Project site, including adjacent streams and roads, is attached hereto as Exhibit A (“Premises”)project. 1. Landowner agrees that the PA DEP and/or Grantee, its employees, agents and contractors shall have the right to enter upon the Premises premises to perform the work described in the Attachment D, Scope of WorkProject Descriptionof the DEP Grant Agreementprovided above. The right to enter shall also include periodic monitoring visits for the life of this Agreement. 2. By offering the Premises premises for implementation of this Projectproject, Landowner agrees to allow access, design preparation and implementation and repair of the Project for the duration of construction and for the time period identified in Section 1, Paragraph B (11) of this Agreement. 3. Grantee agrees that the Conservation Practices/Best Management Practices all nutrient and sediment load reduction practices (“CP/BMPspractices”) needed to correct the problems identified in "Attachment D, Scope of Work” of the DEP Grant implemented under this Agreement shall be performed according to the (Check all that apply): a) ): The NRCS Pennsylvania Field Office Technical Guide, b) Guide The Guidelines for Natural Stream Channel Design in Pennsylvania, c) Pennsylvania The USDA NRCS National Engineering Handbook, d) Handbook A Handbook for Constructed Wetlands, Volume 04, Xxxxxxxx Xxxxxxxx, x) Coalmine Drainage The Stormwater Best Management Practices Manual, f) Manual Plans developed by or certified by a Registered Professional Engineer and approved by PA DEP, g) Department of Environmental Protection Manure Management or Nutrient Management plan developed for the operation. 4. The CP/BMPs Practices shall be maintained pursuant to Section 2Xxxxxxx 0, Paragraph C Xxxxxxxxx X of this Agreement. 5. The Landowner Grantee shall be responsible for adherence to the standards set forth in Section 2, Paragraph C and shall not act in any manner inconsistent with the terms of this Agreement.The 6. The Landowner Grantee agrees not to destroy, alter or modify the CP/BMPspractices, except to perform needed repairs, for the period covered by this Agreement, nor to undertake any action on land under the Landowner's control which tends to defeat the purposes of this Agreement. 7. Any marketable credits toward nutrient effluent limits (nutrient reduction credits) that may be realized on account of the Commonwealth funded portion of this Project and recognized by the DEP, are the property of the Commonwealth of PA, which maintains full ownership thereof. The Landowner and Grantee recognize and release all rights, claims, title or ownership to the any marketable nutrient reduction credits toward nutrient effluent limits that are generated as a result of the Commonwealth funded portion of the work specified in this Agreement, project for the time period covered by this Agreement. 8. Any aquatic resource compensation credits, including but not limited to wetland, waterway, aquatic habitat, floodplain or riparian credits, realized from the Commonwealth funded portion of the project, and recognized by the Pennsylvania Department of Environmental Protection, are the property of the Commonwealth of Pennsylvania, which maintains full ownership thereof. The Landowner and Grantee recognize and release all rights, claims, title or ownership to the aquatic resource compensation credits, including but not limited to wetland, waterway, aquatic habitat, floodplain or riparian credits, in perpetuity, that are generated as a result of the Commonwealth funded portion of project for the work specified in time period covered by this Agreement. 9. Landowner agrees to refund all or part a portion of the grant money paid to itvalue of the practices installed, as determined by the Grantee and DEPGrantee, if before the expiration of the term of this Agreement, the Landowner (a) destroys, alters or modifies the CP/BMPs practices installed, or (b) voluntarily relinquishes control or title to the land on which the CP/BMPs practices have been established, and the new landowner and/or operator of the land does not agree to maintain the CP/BMPs practices for the remainder of the term of this Agreement. If the new landowner agrees to assume Landowner’s obligations and to maintain the CP/BMPs practices for the remainder of the term of this Agreement, then a new Landowner-Grantee Agreement shall be executed by the new landowner. 10. This Agreement shall be binding on the parties, their heirs, legal representatives, successors, and assigns. 11. The term of this Agreement shall be for the duration of Project construction and a period of 20 10 years thereafter.

Appears in 1 contract

Samples: Landowner – Grantee Agreement

Agreement Provisions. A. In consideration of the benefits that incur from the investment in the property, and/or monies received, the Grantee and the undersigned Landowner agree to participate in the Pennsylvania Department of Environmental Protection (“PA DEP”) Growing Greener Watershed Protection or AMD Set-Aside Grant Programs Program and comply with the terms set forth in this Agreement. B. Landowner Xxxxxxxxx represents and agrees that he/she is the sole owner of the real property on which the Project is to be performed, or has secured a sufficient property interest, including any easements or right-of-ways, necessary to grant access for the completion and maintenance of the Project. A map of the Project site, including adjacent streams and roads, is attached hereto as Exhibit A (“Premises”). 1. Landowner agrees that the PA DEP and/or Grantee, its employees, agents and contractors shall have the right to enter upon the Premises to perform the work described in the Attachment D, Scope of Work” attachment of the DEP Grant Agreement. The right to enter shall also include periodic monitoring visits for the life of this Agreement. 2. By offering the Premises for implementation of this Project, Landowner Xxxxxxxxx agrees to allow access, design preparation and implementation and repair of the Project for the duration of construction and for the time period identified in Section 1, Paragraph B (11) of this Agreement. 3. Grantee agrees that the Conservation Practices/Best Management Practices (“CP/BMPs”) needed to correct the problems identified in the "Attachment D, Scope of Work” attachment of the DEP Grant Agreement shall be performed according to the (Check all that apply): a) The NRCS Pennsylvania Field Office Technical Guide, b) The Guidelines for Natural Stream Channel Design in Pennsylvania, c) The USDA NRCS National Engineering Handbook, d) A Handbook for Constructed Wetlands, Volume 04, Xxxxxxxx XxxxxxxxCoalmine Drainage, xe) The Stormwater Best Management Practices Manual, f) Plans developed by or certified by a Registered Professional Engineer and approved by PA DEP, g) Manure Management or Nutrient Management plan developed for the operation. 4. The CP/BMPs shall be maintained pursuant to Section 2, Paragraph C of this Agreement. 5. The Landowner Grantee shall be responsible for adherence to the standards set forth in Section 2, Paragraph C and shall not act in any manner inconsistent with the terms of this Agreement. 6. The Landowner Grantee agrees not to destroy, alter or modify the CP/BMPs, except to perform needed repairs, for the period covered by this Agreement, nor to undertake any action on land under the Landowner's control which tends to defeat the purposes of this Agreement. 7. Any marketable credits toward nutrient effluent limits (nutrient reduction credits) that may be realized on account of the Commonwealth funded portion of this Project and recognized by the DEP, are the property of the Commonwealth of PA, which maintains full ownership thereof. The Landowner and Grantee recognize and release all rights, claims, title or ownership to the nutrient reduction credits that are generated as a result of the Commonwealth funded portion of the work specified in this Agreement, for the time period covered by this Agreement. 8. Any aquatic resource compensation credits, including but not limited to wetland, waterway, aquatic habitat, floodplain or riparian credits, realized from the Commonwealth funded portion of the project, and recognized by the Pennsylvania Department of Environmental Protection, are the property of the Commonwealth of Pennsylvania, which maintains full ownership thereof. The Landowner and Grantee recognize and release all rights, claims, title or ownership to the aquatic resource compensation credits, in perpetuity, that are generated as a result of the Commonwealth funded portion of the work specified in this Agreement. 9. Landowner agrees to refund all or part of the grant money paid to it, as determined by the Grantee and DEP, if before the expiration of the term of this Agreement, the Landowner (a) destroys, alters or modifies the CP/BMPs installed, or (b) voluntarily relinquishes control or title to the land on which the CP/BMPs have been established, and the new landowner and/or operator of the land does not agree to maintain the CP/BMPs for the remainder of the term of this Agreement. If the new landowner agrees to assume Landowner’s obligations and to maintain the CP/BMPs for the remainder of the term of this Agreement, then a new Landowner-Grantee Agreement shall be executed by the new landowner. 10. This Agreement shall be binding on the parties, their heirs, legal representatives, successors, and assigns. 11. The term of this Agreement shall be for the duration of Project construction and a period of 20 years thereafter.

Appears in 1 contract

Samples: Landowner – Grantee Agreement

Agreement Provisions. A. In consideration of the benefits that incur from the investment in the property, and/or monies received, the Grantee and the undersigned Landowner agree to participate in the Pennsylvania Department of Environmental Protection (“PA DEP”) Growing Greener Watershed Protection or AMD Set-Aside Grant Programs and comply with the terms set forth in this Agreement. B. Landowner represents and agrees that he/she is the sole owner of the real property on which the Project is to be performed, or has secured a sufficient property interest, including any easements or right-of-ways, necessary to grant access for the completion and maintenance of the Project. A map of the Project site, including adjacent streams and roads, is attached hereto as Exhibit A (“Premises”). 1. Landowner agrees that the PA DEP and/or Grantee, its employees, agents and contractors shall have the right to enter upon the Premises to perform the work described in “Attachment D, Scope of Work” of the DEP Grant Agreement. The right to enter shall also include periodic monitoring visits for the life of this Agreement. 2. By offering the Premises for implementation of this Project, Landowner agrees to allow access, design preparation and implementation and repair of the Project for the duration of construction and for the time period identified in Section 1, Paragraph B (11) of this Agreement. 3. Grantee agrees that the Conservation Practices/Best Management Practices (“CP/BMPs”) needed to correct the problems identified in "Attachment D, Scope of Work” of the DEP Grant Agreement shall be performed according to the (Check all that apply): a) The NRCS Pennsylvania Field Office Technical Guide, b) The Guidelines for Natural Stream Channel Design in Pennsylvania, c) The USDA NRCS National Engineering Handbook, d) A Handbook for Constructed Wetlands, Volume 0, Xxxxxxxx Xxxxxxxx, x) The Stormwater Best Management Practices Manual, f) Plans developed by or certified by a Registered Professional Engineer and approved by PA DEP, g) Manure Management or Nutrient Management plan developed for the operation. 4. The CP/BMPs shall be maintained pursuant to Section 2, Paragraph C of this Agreement. 5. The Landowner Grantee shall be responsible for adherence to the standards set forth in Section 2, Paragraph C and shall not act in any manner inconsistent with the terms of this Agreement. 6. The Landowner Grantee agrees not to destroy, alter or modify the CP/BMPs, except to perform needed repairs, for the period covered by this Agreement, nor to undertake any action on land under the Landowner's control which tends to defeat the purposes of this Agreement. 7. Any marketable credits toward nutrient effluent limits (nutrient reduction credits) that may be realized on account of the Commonwealth funded portion of this Project and recognized by the DEP, are the property of the Commonwealth of PA, which maintains full ownership thereof. The Landowner and Grantee recognize and release all rights, claims, title or ownership to the nutrient reduction credits that are generated as a result of the Commonwealth funded portion of the work specified in this Agreement, for the time period covered by this Agreement. 8. Any aquatic resource compensation credits, including but not limited to wetland, waterway, aquatic habitat, floodplain or riparian credits, realized from the Commonwealth funded portion of the project, and recognized by the Pennsylvania Department of Environmental Protection, are the property of the Commonwealth of Pennsylvania, which maintains full ownership thereof. The Landowner and Grantee recognize and release all rights, claims, title or ownership to the aquatic resource compensation credits, in perpetuity, that are generated as a result of the Commonwealth funded portion of the work specified in this Agreement. 9. Landowner agrees to refund all or part of the grant money paid to it, as determined by the Grantee and DEP, if before the expiration of the term of this Agreement, the Landowner (a) destroys, alters or modifies the CP/BMPs installed, or (b) voluntarily relinquishes control or title to the land on which the CP/BMPs have been established, and the new landowner and/or operator of the land does not agree to maintain the CP/BMPs for the remainder of the term of this Agreement. If the new landowner agrees to assume Landowner’s obligations and to maintain the CP/BMPs for the remainder of the term of this Agreement, then a new Landowner-Grantee Agreement shall be executed by the new landowner. 10. This Agreement shall be binding on the parties, their heirs, legal representatives, successors, and assigns. 11. The term of this Agreement shall be for the duration of Project construction and a period of 20 years thereafter.

Appears in 1 contract

Samples: Landowner – Grantee Agreement

Agreement Provisions. A. In consideration of the benefits that incur from the investment in the property, and/or monies received, the Grantee and the Each undersigned Landowner agree landowner agrees to participate in the Pennsylvania Growing Greener Grants Program and comply with terms set forth herein for the period covered by this Agreement. The undersigned landowner(s) represent and agree that: 1. Landowner(s) agree that the Commonwealth of Pennsylvania, Department of Environmental Protection (“PA DEPPADEP”) Growing Greener Watershed Protection or AMD Set-Aside Grant Programs and comply with the terms set forth in this Agreement. B. Landowner represents and agrees that he/she is the sole owner of the real property on which the Project is to be performed, or has secured a sufficient property interest, including any easements or right-of-ways, necessary to grant access for the completion and maintenance of the Project. A map of the Project site, including adjacent streams and roads, is attached hereto as Exhibit A (“Premises”). 1. Landowner agrees that the PA DEP and/or Grantee, its employees, agents and contractors shall have the right to enter upon the Premises to perform the work described in Attachment D, D - Scope of Work” of the DEP Grant Agreement. The right to enter shall also include periodic monitoring visits for the life of this Agreement. 2. By offering the Premises for implementation of this Project, Landowner agrees to allow access, design preparation and implementation and repair of the Project for the duration of construction and for the time period identified in Section 1, Paragraph B (11) of this Agreement. 3. Grantee agrees that the The Conservation Practices/Best Management Practices (“CP/BMPsCP(s)”) needed to correct the identified problems identified in "Attachment D, Scope of Work” of the DEP Grant Agreement shall be performed according to the (Check all that apply): a) The NRCS Pennsylvania Field Office Soil and Water Conservation Technical Guide, b) The , and the Guidelines for Natural Stream Channel Design in Pennsylvania,, standards and specifications in effect at the time the CP(s) are implemented. c3. The CP(s) The USDA NRCS National Engineering Handbook, d) A Handbook shall be maintained properly for Constructed Wetlandstheir lifespan as specified in the Pennsylvania Soil and Water Conservation Technical Guide, Volume 0the designated lifespan, Xxxxxxxx Xxxxxxxx, x) The Stormwater Best Management Practices Manual, f) Plans developed by or certified by a Registered Professional Engineer and approved by PA DEP, g) Manure Management or Nutrient Management plan developed for the operationpermitted lifespan. 4. The CP/BMPs terms of this Agreement shall be maintained pursuant to Section 2, Paragraph C cover the lifespan of the longest-lived CP paid for under this Agreement. 5. The Landowner Grantee shall be responsible for adherence to the standards set forth in Section 2, Paragraph C and shall not act in any manner inconsistent with the terms of By signing this Agreement, the Landowner(s) warrant that he/she is the sole owner of the real property on which the project is to be performed, or has secured a sufficient property interest, including any necessary easements or rights-of-way, that may be necessary to grant access, for the completion and maintenance of the work. 6. The Landowner Grantee agrees not Landowner(s) shall agree to destroy, alter or modify maintain these practices for at least years following the CPyear the CP(s) is/BMPs, except to perform needed repairs, for the period covered by this Agreement, nor to undertake any action on land under the Landowner's control which tends to defeat the purposes of this Agreement. 7are completed. Any marketable credits toward nutrient effluent limits (nutrient reduction creditsLandowner(s) that may be realized on account of the Commonwealth funded portion of this Project and recognized by the DEP, are the property of the Commonwealth of PA, which maintains full ownership thereof. The Landowner and Grantee recognize and release all rights, claims, title or ownership to the nutrient reduction credits that are generated as a result of the Commonwealth funded portion of the work specified in this Agreement, for the time period covered by this Agreement. 8. Any aquatic resource compensation credits, including but not limited to wetland, waterway, aquatic habitat, floodplain or riparian credits, realized from the Commonwealth funded portion of the project, and recognized by the Pennsylvania Department of Environmental Protection, are the property of the Commonwealth of Pennsylvania, which maintains full ownership thereof. The Landowner and Grantee recognize and release all rights, claims, title or ownership to the aquatic resource compensation credits, in perpetuity, that are generated as a result of the Commonwealth funded portion of the work specified in this Agreement. 9. Landowner agrees to refund all or part of the grant money cost-share assistance paid to it, as determined by the Grantee and DEPGrantee, if before the expiration of the term of this Agreementpractice lifespan specified above, the Landowner Landowner(s) (a) destroys, alters or modifies destroys the CP/BMPs CP(s) installed, or (b) voluntarily relinquishes control or title to the land on which the CPinstalled CP(s) has/BMPs have been established, and the new landowner Landowner(s) and/or operator of the land does not agree in writing to properly maintain the CP/BMPs CP(s) for the remainder of its/their specified lifespan. 7. Landowner(s) shall comply with all Federal, State, local laws, rules and regulations, relating to the term environment. 8. Landowner(s) shall permit the PADEP and/or , its employees and agents, upon the presentation of proper identification, to enter upon my premises to inspect and observe CP(s) or any records associated with these CP(s) or other conditions of this Agreement. If the new landowner agrees to assume Landowner’s obligations and to maintain the CP/BMPs for the remainder of the term of this Agreement, then a new Landowner-Grantee Agreement shall be executed by the new landowner. 109. This Agreement shall be binding on the parties, their heirs, legal representatives, successors, and assigns. 11. The term of this Agreement shall be for the duration of Project construction and a period of 20 years thereafter.

Appears in 1 contract

Samples: Landowner – Grantee Agreement

Agreement Provisions. A. In consideration of the benefits that incur from the investment in the property, and/or monies received, the Grantee and the undersigned Landowner agree to participate in the Pennsylvania Department of Environmental Protection (“PA DEP”) Growing Greener Watershed Protection or AMD Set-Aside Grant Programs and comply with the terms set forth in this Agreement. B. Landowner represents and agrees that he/she is the sole owner of the real property on which the Project is to be performed, or has secured a sufficient property interest, including any easements or right-of-ways, necessary to grant access for the completion and maintenance of the Project. A map of the Project site, including adjacent streams and roads, is attached hereto as Exhibit A (“Premises”)project. 1. Landowner agrees that the PA DEP and/or Grantee, its employees, agents and contractors shall have the right to enter upon the Premises premises to perform the work described in the Attachment D, Scope of WorkProject Descriptionof the DEP Grant Agreementprovided above. The right to enter shall also include periodic monitoring visits for the life of this Agreement. 2. By offering the Premises premises for implementation of this Projectproject, Landowner agrees to allow access, design preparation and implementation and repair of the Project for the duration of construction and for the time period identified in Section 1, Paragraph B (11) of this Agreement. 3. Grantee agrees that the Conservation Practices/Best Management Practices all nutrient and sediment load reduction practices (“CP/BMPspractices”) needed to correct the problems identified in "Attachment D, Scope of Work” of the DEP Grant implemented under this Agreement shall be performed according to the (Check all that apply): a) ): The NRCS Pennsylvania Field Office Technical Guide, b) Guide The Guidelines for Natural Stream Channel Design in Pennsylvania, c) Pennsylvania The USDA NRCS National Engineering Handbook, d) Handbook A Handbook for Constructed WetlandsW etlands, Volume 04, Xxxxxxxx Xxxxxxxx, x) Coalmine Drainage The Stormwater Best Management Practices Manual, f) Manual Plans developed by or certified by a Registered Professional Engineer and approved by PA DEP, g) Department of Environmental Protection Manure Management or Nutrient Management plan developed for the operation. 4. The CP/BMPs Practices shall be maintained pursuant to Section 2Xxxxxxx 0, Paragraph C Xxxxxxxxx X of this Agreement. 5. The Landowner Grantee shall be responsible for adherence to the standards set forth in Section 2, Paragraph C and shall not act in any manner inconsistent with the terms of this Agreement.The 6. The Landowner Grantee agrees not to destroy, alter or modify the CP/BMPspractices, except to perform needed repairs, for the period covered by this Agreement, nor to undertake any action on land under the Landowner's control which tends to defeat the purposes of this Agreement. 7. Any marketable credits toward nutrient effluent limits (nutrient reduction credits) that may be realized on account of the Commonwealth funded portion of this Project and recognized by the DEP, are the property of the Commonwealth of PA, which maintains full ownership thereof. The Landowner and Grantee recognize and release all rights, claims, title or ownership to the any marketable nutrient reduction credits toward nutrient effluent limits that are generated as a result of the Commonwealth funded portion of the work specified in this Agreement, project for the time period covered by this Agreement. 8. Any aquatic resource compensation credits, including but not limited to wetland, waterway, aquatic habitat, floodplain or riparian credits, realized from the Commonwealth funded portion of the project, and recognized by the Pennsylvania Department of Environmental Protection, are the property of the Commonwealth of Pennsylvania, which maintains full ownership thereof. The Landowner and Grantee recognize and release all rights, claims, title or ownership to the aquatic resource compensation credits, including but not limited to wetland, waterway, aquatic habitat, floodplain or riparian credits, in perpetuity, that are generated as a result of the Commonwealth funded portion of project for the work specified in time period covered by this Agreement. 9. Landowner agrees to refund all or part a portion of the grant money paid to itvalue of the practices installed, as determined by the Grantee and DEPGrantee, if before the expiration of the term of this Agreement, the Landowner (a) destroys, alters or modifies the CP/BMPs practices installed, or (b) voluntarily relinquishes control or title to the land on which the CP/BMPs practices have been established, and the new landowner and/or operator of the land does not agree to maintain the CP/BMPs practices for the remainder of the term of this Agreement. If the new landowner agrees to assume Landowner’s obligations and to maintain the CP/BMPs practices for the remainder of the term of this Agreement, then a new Landowner-Grantee Agreement shall be executed by the new landowner. 10. This Agreement shall be binding on the parties, their heirs, legal representatives, successors, and assigns. 11. The term of this Agreement shall be for the duration of Project construction and a period of 20 10 years thereafter.

Appears in 1 contract

Samples: Landowner – Grantee Agreement

AutoNDA by SimpleDocs

Agreement Provisions. A. In consideration of the benefits that incur from the investment in the property, and/or monies received, the Grantee and the Each undersigned Landowner agree landowner agrees to participate in the Pennsylvania Growing Greener Grants Program and comply with terms set forth herein for the period covered by this Agreement. The undersigned landowner(s) represent and agree that: 1. Landowner(s) agree that the Commonwealth of Pennsylvania, Department of Environmental Protection (“PA DEPPADEP”) Growing Greener Watershed Protection or AMD Set-Aside Grant Programs and comply with the terms set forth in this Agreement. B. Landowner represents and agrees that he/she is the sole owner of the real property on which the Project is to be performed, or has secured a sufficient property interest, including any easements or right-of-ways, necessary to grant access for the completion and maintenance of the Project. A map of the Project site, including adjacent streams and roads, is attached hereto as Exhibit A (“Premises”). 1. Landowner agrees that the PA DEP and/or Grantee  , its employees, agents and contractors shall have the right to enter upon the Premises to perform the work described in Attachment D, D - Scope of Work” of the DEP Grant Agreement. The right to enter shall also include periodic monitoring visits for the life of this Agreement. 2. By offering the Premises for implementation of this Project, Landowner agrees to allow access, design preparation and implementation and repair of the Project for the duration of construction and for the time period identified in Section 1, Paragraph B (11) of this Agreement. 3. Grantee agrees that the The Conservation Practices/Best Management Practices (“CP/BMPsCP(s)”) needed to correct the identified problems identified in "Attachment D, Scope of Work” of the DEP Grant Agreement shall be performed according to the (Check all that apply): a) The NRCS Pennsylvania Field Office Soil and Water Conservation Technical Guide, b) The , and the Guidelines for Natural Stream Channel Design in Pennsylvania,, standards and specifications in effect at the time the CP(s) are implemented. c3. The CP(s) The USDA NRCS National Engineering Handbook, d) A Handbook shall be maintained properly for Constructed Wetlandstheir lifespan as specified in the Pennsylvania Soil and Water Conservation Technical Guide, Volume 0the designated lifespan, Xxxxxxxx Xxxxxxxx, x) The Stormwater Best Management Practices Manual, f) Plans developed by or certified by a Registered Professional Engineer and approved by PA DEP, g) Manure Management or Nutrient Management plan developed for the operationpermitted lifespan. 4. The CP/BMPs terms of this Agreement shall be maintained pursuant to Section 2, Paragraph C cover the lifespan of the longest-lived CP paid for under this Agreement. 5. The Landowner Grantee shall be responsible for adherence to the standards set forth in Section 2, Paragraph C and shall not act in any manner inconsistent with the terms of By signing this Agreement, the Landowner(s) warrant that he/she is the sole owner of the real property on which the project is to be performed, or has secured a sufficient property interest, including any necessary easements or rights-of-way, that may be necessary to grant access, for the completion and maintenance of the work. 6. The Landowner Grantee agrees not Landowner(s) shall agree to destroy, alter or modify maintain these practices for at least   years following the CPyear the CP(s) is/BMPs, except to perform needed repairs, for the period covered by this Agreement, nor to undertake any action on land under the Landowner's control which tends to defeat the purposes of this Agreement. 7are completed. Any marketable credits toward nutrient effluent limits (nutrient reduction creditsLandowner(s) that may be realized on account of the Commonwealth funded portion of this Project and recognized by the DEP, are the property of the Commonwealth of PA, which maintains full ownership thereof. The Landowner and Grantee recognize and release all rights, claims, title or ownership to the nutrient reduction credits that are generated as a result of the Commonwealth funded portion of the work specified in this Agreement, for the time period covered by this Agreement. 8. Any aquatic resource compensation credits, including but not limited to wetland, waterway, aquatic habitat, floodplain or riparian credits, realized from the Commonwealth funded portion of the project, and recognized by the Pennsylvania Department of Environmental Protection, are the property of the Commonwealth of Pennsylvania, which maintains full ownership thereof. The Landowner and Grantee recognize and release all rights, claims, title or ownership to the aquatic resource compensation credits, in perpetuity, that are generated as a result of the Commonwealth funded portion of the work specified in this Agreement. 9. Landowner agrees to refund all or part of the grant money cost-share assistance paid to it, as determined by the Grantee and DEPGrantee, if before the expiration of the term of this Agreementpractice lifespan specified above, the Landowner Landowner(s) (a) destroys, alters or modifies destroys the CP/BMPs CP(s) installed, or (b) voluntarily relinquishes control or title to the land on which the CPinstalled CP(s) has/BMPs have been established, and the new landowner Landowner(s) and/or operator of the land does not agree in writing to properly maintain the CP/BMPs CP(s) for the remainder of its/their specified lifespan. 7. Landowner(s) shall comply with all Federal, State, local laws, rules and regulations, relating to the term environment. 8. Landowner(s) shall permit the PADEP and/or   , its employees and agents, upon the presentation of proper identification, to enter upon my premises to inspect and observe CP(s) or any records associated with these CP(s) or other conditions of this Agreement. If the new landowner agrees to assume Landowner’s obligations and to maintain the CP/BMPs for the remainder of the term of this Agreement, then a new Landowner-Grantee Agreement shall be executed by the new landowner. 109. This Agreement shall be binding on the parties, their heirs, legal representatives, successors, and assigns. 11. The term of this Agreement shall be for the duration of Project construction and a period of 20 years thereafter.

Appears in 1 contract

Samples: Landowner – Grantee Agreement

Agreement Provisions. A. In consideration of the benefits that incur from the investment in the property, and/or monies received, the Grantee and the undersigned Landowner agree to participate in the Pennsylvania Department of Environmental Protection (“PA DEP”) Growing Greener Watershed Protection or AMD Set-Aside Grant Programs and comply with the terms set forth in this Agreement. B. Landowner Xxxxxxxxx represents and agrees that he/she is the sole owner of the real property on which the Project is to be performed, or has secured a sufficient property interest, including any easements or right-of-ways, necessary to grant access for the completion and maintenance of the Project. A map of the Project site, including adjacent streams and roads, is attached hereto as Exhibit A (“Premises”)project. 1. Landowner Xxxxxxxxx agrees that the PA DEP and/or Grantee, its employees, agents and contractors shall have the right to enter upon the Premises premises to perform the work described in the Attachment D, Scope of WorkProject Descriptionof the DEP Grant Agreementprovided above. The right to enter shall also include periodic monitoring visits for the life of this Agreement. 2. By offering the Premises premises for implementation of this Projectproject, Landowner Xxxxxxxxx agrees to allow access, design preparation and implementation and repair of the Project for the duration of construction and for the time period identified in Section 1, Paragraph B (11) of this Agreement.construction 3. Grantee agrees that the Conservation Practices/Best Management Practices all nutrient and sediment load reduction practices (“CP/BMPspractices”) needed to correct the problems identified in "Attachment D, Scope of Work” of the DEP Grant implemented under this Agreement shall be performed according to the (Check all that apply): a) ): The NRCS Pennsylvania Field Office Technical Guide, b) Guide The Guidelines for Natural Stream Channel Design in Pennsylvania, c) Pennsylvania The USDA NRCS National Engineering Handbook, d) Handbook A Handbook for Constructed Wetlands, Volume 04, Xxxxxxxx Xxxxxxxx, x) Coalmine Drainage The Stormwater Best Management Practices Manual, f) Manual Plans developed by or certified by a Registered Professional Engineer and approved by PA DEP, g) Department of Environmental Protection Manure Management or Nutrient Management plan developed for the operation. 4. The CP/BMPs Practices shall be maintained pursuant to Section 2, Paragraph C B of this Agreement. 5. The Landowner Grantee shall be responsible for adherence to the standards set forth in Section 2, Paragraph C B and shall not act in any manner inconsistent with the terms of this Agreement. 6. The Landowner Grantee agrees not to destroy, alter or modify the CP/BMPs, except to perform needed repairs, for the period covered by this Agreement, nor to undertake any action on land under the Landowner's control which tends to defeat the purposes of this Agreement. 7. Any marketable credits toward nutrient effluent limits (nutrient reduction credits) that may be realized on account of the Commonwealth funded portion of this Project and recognized by the DEP, are the property of the Commonwealth of PA, which maintains full ownership thereof. The Landowner and Grantee recognize and release all rights, claims, title or ownership to the nutrient reduction credits that are generated as a result of the Commonwealth funded portion of the work specified in this Agreement, for the time period covered by this Agreement. 8. Any aquatic resource compensation credits, including but not limited to wetland, waterway, aquatic habitat, floodplain or riparian credits, realized from the Commonwealth funded portion of the project, and recognized by the Pennsylvania Department of Environmental Protection, are the property of the Commonwealth of Pennsylvania, which maintains full ownership thereof. The Landowner and Grantee recognize and release all rights, claims, title or ownership to the aquatic resource compensation credits, in perpetuity, that are generated as a result of the Commonwealth funded portion of the work specified in this Agreement. 9. Landowner agrees to refund all or part of the grant money paid to it, as determined by the Grantee and DEP, if before the expiration of the term of this Agreement, the Landowner (a) destroys, alters or modifies the CP/BMPs installed, or (b) voluntarily relinquishes control or title to the land on which the CP/BMPs have been established, and the new landowner and/or operator of the land does not agree to maintain the CP/BMPs for the remainder of the term of this Agreement. If the new landowner agrees to assume Landowner’s obligations and to maintain the CP/BMPs for the remainder of the term of this Agreement, then a new Landowner-Grantee Agreement shall be executed by the new landowner. 10. This Agreement shall be binding on the parties, their heirs, legal representatives, successors, and assigns. 11. The term of this Agreement shall be for the duration of Project construction and a period of 20 years thereafter.

Appears in 1 contract

Samples: Landowner – Grantee Agreement

Agreement Provisions. A. In consideration of the benefits that incur from the investment in the property, and/or monies received, the Grantee and the undersigned Landowner agree to participate in the Pennsylvania Department of Environmental Protection (“PA DEP”) Growing Greener Watershed Protection or AMD Set-Aside Grant Programs Program and comply with the terms set forth in this Agreement. B. Landowner Xxxxxxxxx represents and agrees that he/she is the sole owner of the real property on which the Project is to be performed, or has secured a sufficient property interest, including any easements or right-of-ways, necessary to grant access for the completion and maintenance of the Project. A map of the Project site, including adjacent streams and roads, is attached hereto as Exhibit A (“Premises”). 1. Landowner agrees that the PA DEP and/or Grantee, its employees, agents and contractors shall have the right to enter upon the Premises to perform the work described in “Attachment D, Scope of Work” of the DEP Grant Agreement. The right to enter shall also include periodic monitoring visits for the life of this Agreement. 2. By offering the Premises for implementation of this Project, Landowner agrees to allow access, design preparation and implementation and repair of the Project Project, subject to available funds, for the duration of construction and for the time period identified in Section 1, Paragraph B (11) of this Agreement. 3. Grantee Xxxxxxx agrees that the Conservation Practices/Best Management Practices (“CP/BMPs”) needed to correct the problems identified in "Attachment D, Scope of Work” of the DEP Grant Agreement shall be performed according to the (Check all that apply): a) The NRCS Pennsylvania Field Office Technical Guide, b) The Guidelines for Natural Stream Channel Design in Pennsylvania, c) The USDA NRCS National Engineering Handbook, d) A Handbook for Constructed Wetlands, Volume 04, Xxxxxxxx XxxxxxxxCoalmine Drainage, xe) The Stormwater Best Management Practices Manual, f) Plans developed by or certified by a Registered Professional Engineer and approved by PA DEP, g) Manure Management or Nutrient Management plan developed for the operation., 4. The CP/BMPs shall be maintained pursuant to Section 2, Paragraph C of this Agreement. 5. The Landowner Grantee shall be responsible for adherence to the standards set forth in Section 2, Paragraph C and shall not act in any manner inconsistent with the terms of this Agreement. 6. The Landowner Grantee agrees not to destroy, alter or modify the CP/BMPs, except to perform needed repairs, for the period covered by this Agreement, nor to undertake any action on land under the Landowner's control which tends to defeat the purposes of this Agreement. 7. Any marketable credits toward nutrient effluent limits (nutrient reduction credits) that may be realized on account of the Commonwealth funded portion of this Project and recognized by the DEP, are the property of the Commonwealth of PA, which maintains full ownership thereof. The Landowner and Grantee recognize and release all rights, claims, title or ownership to the nutrient reduction credits that are generated as a result of the Commonwealth funded portion of the work specified in this Agreement, for the time period covered by this Agreement. 8. Any aquatic resource compensation credits, including but not limited to wetland, waterway, aquatic habitat, floodplain or riparian credits, realized from the Commonwealth funded portion of the project, and recognized by the Pennsylvania Department of Environmental Protection, are the property of the Commonwealth of Pennsylvania, which maintains full ownership thereof. The Landowner and Grantee recognize and release all rights, claims, title or ownership to the aquatic resource compensation credits, in perpetuity, that are generated as a result of the Commonwealth funded portion of the work specified in this Agreement. 9. Landowner agrees to refund all or part of the grant money paid to it, as determined by the Grantee and DEP, if before the expiration of the term of this Agreement, the Landowner (a) destroys, alters or modifies the CP/BMPs installed, or (b) voluntarily relinquishes control or title to the land on which the CP/BMPs have been established, and the new landowner and/or operator of the land does not agree to maintain the CP/BMPs for the remainder of the term of this Agreement. If the new landowner agrees to assume Landowner’s obligations and to maintain the CP/BMPs for the remainder of the term of this Agreement, then a new Landowner-Grantee Agreement shall be executed by the new landowner. 10. This Agreement shall be binding on the parties, their heirs, legal representatives, successors, and assigns. 11. The term of this Agreement shall be for the duration of Project construction and a period of 20 years thereafter.

Appears in 1 contract

Samples: Landowner – Grantee Agreement

Agreement Provisions. A. In consideration of the benefits that incur from the investment in the property, and/or monies received, the Grantee and the undersigned Landowner agree to participate in the Pennsylvania Department of Environmental Protection (“PA DEP”) Growing Greener Watershed Protection or AMD Set-Aside Grant Programs and comply with the terms set forth in this Agreement. B. . Landowner represents and agrees that he/she is the sole owner of the real property on which the Project is to be performed, or has secured a sufficient property interest, including any easements or right-of-ways, necessary to grant access for the completion and maintenance of the Project. A map of the Project site, including adjacent streams and roads, is attached hereto as Exhibit A (“Premises”). 1project. Landowner agrees that the PA DEP and/or Grantee, its employees, agents and contractors shall have the right to enter upon the Premises premises to perform the work described in the Attachment D, Scope of WorkProject Descriptionof the DEP Grant Agreementprovided above. The right to enter shall also include periodic monitoring visits for the life of this Agreement. 2. By offering the Premises premises for implementation of this Projectproject, Landowner agrees to allow access, design preparation and implementation and repair of the Project for the duration of construction and for the time period identified in Section 1, Paragraph B (11) of this Agreement. 3. Grantee agrees that the Conservation Practices/Best Management Practices all nutrient and sediment load reduction practices (“CP/BMPspractices”) needed to correct the problems identified in "Attachment D, Scope of Work” of the DEP Grant implemented under this Agreement shall be performed according to the (Check all that apply): a) ): The NRCS Pennsylvania Field Office Technical Guide, b) Guide The Guidelines for Natural Stream Channel Design in Pennsylvania, c) Pennsylvania The USDA NRCS National Engineering Handbook, d) Handbook A Handbook for Constructed Wetlands, Volume 04, Xxxxxxxx Xxxxxxxx, x) Coalmine Drainage The Stormwater Best Management Practices Manual, f) Manual Plans developed by or certified by a Registered Professional Engineer and approved by PA DEP, g) Department of Environmental Protection Manure Management or Nutrient Management plan developed for the operation. 4. The CP/BMPs operation Practices shall be maintained pursuant to Section 2Xxxxxxx 0, Paragraph C Xxxxxxxxx X of this Agreement. 5. The Landowner Grantee shall be responsible for adherence to the standards set forth in Section 2Xxxxxxx 0, Paragraph C Xxxxxxxxx X and shall not act in any manner inconsistent with the terms of this Agreement. 6. The Landowner Grantee agrees not to destroy, alter or modify the CP/BMPspractices, except to perform needed repairs, for the period covered by this Agreement, nor to undertake any action on land under the Landowner's control which tends to defeat the purposes of this Agreement. 7. Any marketable credits toward nutrient effluent limits (nutrient reduction credits) that may be realized on account of the Commonwealth funded portion of this Project and recognized by the DEP, are the property of the Commonwealth of PA, which maintains full ownership thereof. The Landowner and Grantee recognize and release all rights, claims, title or ownership to the any marketable nutrient reduction credits toward nutrient effluent limits that are generated as a result of the Commonwealth funded portion of the work specified in this Agreement, project for the time period covered by this Agreement. 8. Any aquatic resource compensation credits, including but not limited to wetland, waterway, aquatic habitat, floodplain or riparian credits, realized from the Commonwealth funded portion of the project, and recognized by the Pennsylvania Department of Environmental Protection, are the property of the Commonwealth of Pennsylvania, which maintains full ownership thereof. The Landowner and Grantee recognize and release all rights, claims, title or ownership to the aquatic resource compensation credits, including but not limited to wetland, waterway, aquatic habitat, floodplain or riparian credits, in perpetuity, that are generated as a result of the Commonwealth funded portion of project for the work specified in time period covered by this Agreement. 9. Landowner agrees to refund all or part a portion of the grant money paid to itvalue of the practices installed, as determined by the Grantee and DEPGrantee, if before the expiration of the term of this Agreement, the Landowner (a) destroys, alters or modifies the CP/BMPs practices installed, or (b) voluntarily relinquishes control or title to the land on which the CP/BMPs practices have been established, and the new landowner and/or operator of the land does not agree to maintain the CP/BMPs practices for the remainder of the term of this Agreement. If the new landowner agrees to assume Landowner’s obligations and to maintain the CP/BMPs practices for the remainder of the term of this Agreement, then a new Landowner-Grantee Agreement shall be executed by the new landowner. 10. This Agreement shall be binding on the parties, their heirs, legal representatives, successors, and assigns. 11. The term of this Agreement shall be for the duration of Project construction and a period of 20 10 years thereafter.

Appears in 1 contract

Samples: Landowner – Grantee Agreement

Agreement Provisions. A. In consideration of the benefits that incur from the investment in the property, and/or monies received, the Grantee and the undersigned Landowner agree to participate in the Pennsylvania Department of Environmental Protection (“PA DEP”) Growing Greener Watershed Protection or AMD Set-Aside Grant Programs Program and comply with the terms set forth in this Agreement. B. Landowner Xxxxxxxxx represents and agrees that he/she is the sole owner of the real property on which the Project is to be performed, or has secured a sufficient property interest, including any easements or right-of-ways, necessary to grant access for the completion and maintenance of the Project. A map of the Project site, including adjacent streams and roads, is attached hereto as Exhibit A (“Premises”). 1. Landowner agrees that the PA DEP and/or Grantee, its employees, agents and contractors shall have the right to enter upon the Premises to perform the work described in “Attachment D, Scope of Work” of the DEP Grant Agreement. The right to enter shall also include periodic monitoring visits for the life of this Agreement. 2. By offering the Premises for implementation of this Project, Landowner Xxxxxxxxx agrees to allow access, design preparation and implementation and repair of the Project for the duration of construction and for the time period identified in Section 1, Paragraph B (11) of this Agreement. 3. Grantee Xxxxxxx agrees that the Conservation Practices/Best Management Practices (“CP/BMPs”) needed to correct the problems identified in "Attachment D, Scope of Work” of the DEP Grant Agreement shall be performed according to the (Check all that apply): a) The NRCS Pennsylvania Field Office Technical Guide, b) The Guidelines for Natural Stream Channel Design in Pennsylvania, c) The USDA NRCS National Engineering Handbook, d) A Handbook for Constructed Wetlands, Volume 04, Xxxxxxxx XxxxxxxxCoalmine Drainage, xe) The Stormwater Best Management Practices Manual, f) Plans developed by or certified by a Registered Professional Engineer and approved by PA DEP, g) Manure Management or Nutrient Management plan developed for the operation. 4. The CP/BMPs shall be maintained pursuant to Section 2, Paragraph C of this Agreement. 5. The Landowner Grantee shall be responsible for adherence to the standards set forth in Section 2, Paragraph C and shall not act in any manner inconsistent with the terms of this Agreement. 6. The Landowner Grantee Xxxxxxx agrees not to destroy, alter or modify the CP/BMPs, except to perform needed repairs, for the period covered by this Agreement, nor to undertake any action on land under the Landowner's control which tends to defeat the purposes of this Agreement. 7. Any marketable credits toward nutrient effluent limits (nutrient reduction credits) that may be realized on account of the Commonwealth funded portion of this Project and recognized by the DEP, are the property of the Commonwealth of PA, which maintains full ownership thereof. The Landowner and Grantee recognize and release all rights, claims, title or ownership to the nutrient reduction credits that are generated as a result of the Commonwealth funded portion of the work specified in this Agreement, for the time period covered by this Agreement. 8. Any aquatic resource compensation credits, including but not limited to wetland, waterway, aquatic habitat, floodplain or riparian credits, realized from the Commonwealth funded portion of the project, and recognized by the Pennsylvania Department of Environmental Protection, are the property of the Commonwealth of Pennsylvania, which maintains full ownership thereof. The Landowner and Grantee recognize and release all rights, claims, title or ownership to the aquatic resource compensation credits, in perpetuity, that are generated as a result of the Commonwealth funded portion of the work specified in this Agreement. 9. Landowner agrees to refund all or part a portion of the grant money paid to itvalue of the CP/BMPs installed, as determined by the Grantee and DEP, if before the expiration of the term of this Agreement, the Landowner (a) destroys, alters or modifies the CP/BMPs installed, or (b) voluntarily relinquishes control or title to the land on which the CP/BMPs have been established, and the new landowner and/or operator of the land does not agree to maintain the CP/BMPs for the remainder of the term of this Agreement. If the new landowner agrees to assume LandownerXxxxxxxxx’s obligations and to maintain the CP/BMPs for the remainder of the term of this Agreement, then a new Landowner-Grantee Agreement shall be executed by the new landowner. 10. This Agreement shall be binding on the parties, their heirs, legal representatives, successors, and assigns. 11. The term of this Agreement shall be for the duration of Project construction and a period of 20 years thereafter.

Appears in 1 contract

Samples: Landowner – Grantee Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!