Common use of Owner’s Duties and Obligations Clause in Contracts

Owner’s Duties and Obligations. Owner shall be responsible for the following: A. Provide certification of ownership where the work will be carried out. B. Allow access to the Project site portion of the Owner’s property for the USWCD, its authorized personnel, employees, agents, contractors and consultants, and funding partners to conduct only necessary activities related directly to the Project site, monitor and evaluate the project during and after construction, and maintain effective restoration conditions that sustain the value of the Project following implementation. C. Allow the construction of fish passage improvement designs developed by the USWCD in coordination with Owner review and meet local, state, and federal regulations. D. Allow necessary maintenance and operation of the constructed project to meet passage requirements. Maintenance shall be achieved in accordance with the operations and maintenance plan. E. Allow the establishment and installation of physical modifications and plantings to the Little Creek channel and associated floodplain within established easement areas for the purposes of minimizing erosion, restoring natural floodplain conditions, and improving fish passage. F. Maintain all riparian fences constructed by USWCD, its partners, or Owner for the purpose of protection and conservation of the riparian corridor for the duration of this Agreement. G. As part of the rehabilitation effort, for the term of this Agreement be responsible for control of Class A and B weeds, as defined by Union County, Oregon Weed Control (xxxx://xxxxxxxxxxxxxxxxxxxxxx.xxx/index.html), within the fenced area. H. The Owner and Owner’s agents or lessees are restricted from the following activities (“Restricted Activities”) within the Project area or contained within the Conservation Easement Area (if defined) unless prior written consent is obtained from USWCD, which consent shall not be unreasonably withheld. ▪ Burning, removing or damaging planted or natural vegetation (non-invasive and not on the Union County weed list) in any way, including intentional livestock or domestic animal grazing. ▪ Removing or altering dead and down trees, EXCEPT in the case of fallen trees that damage project-related structure (i.e. livestock exclusion fencing) or create a flood or safety hazard. ▪ Constructing buildings, bridges, fences or other structures. ▪ Constructing trails, roads or stream fords. ▪ Placing fill materials (rock, concrete, logs, soils, etc.) and/or removal of such materials. ▪ Draining, altering or otherwise disturbing wetland areas. In the event the Owner is ordered by a governmental entity authorized to issue such an order to engage in a Restricted Activity on an emergency basis, Owner may comply with such order without prior written consent of the USWCD only if it is impracticable to obtain consent within the time given for compliance with the order. Upon receipt of any such order, Owner shall immediately inform and coordinate with the USWCD to limit the impact of the ordered action to the conservation goals of this Agreement.

Owner’s Duties and Obligations. Owner shall be responsible for the following: A. Provide certification of ownership where the work will be carried out. B. Allow access to the Project site portion of the Owner’s property Property for the USWCD, its authorized personnel, employees, agents, contractors and consultants, and funding partners to conduct only necessary activities related directly to the Project site, monitor and evaluate the project during and after construction, and maintain effective restoration conditions that sustain the value of the Project following implementation. C. Allow the construction of fish passage improvement designs developed by the USWCD in coordination with Owner review and meet local, state, and federal regulations. D. Allow necessary maintenance and operation of the constructed project to meet passage requirements. Maintenance shall be achieved in accordance with the operations and maintenance plan. E. Allow the establishment and installation of physical modifications and plantings to the Little Creek channel and associated floodplain within established easement areas for the purposes of minimizing erosion, restoring enhancing fish passage and natural floodplain conditions, and improving fish passageprocesses to be conducted during future project stages. F. Maintain all riparian fences constructed by USWCD, USWCD or its partners, partners or Owner for the purpose of protection and conservation of along the riparian corridor for the duration of this Agreement. G. As part of the rehabilitation effort, for the term of this Agreement be responsible for control of Class A and B weeds, as defined by Union County, Oregon Weed Control (xxxx://xxxxxxxxxxxxxxxxxxxxxx.xxx/index.html), within the fenced area. H. The Owner and Owner’s agents or lessees are restricted from the following activities (“Restricted Activities”) within the Project area or contained within the Conservation Easement Area (if defined) unless prior written consent is obtained from USWCD, which consent shall not be unreasonably withheld. ▪ Burning, removing or damaging planted or natural vegetation (non-invasive and not on the Union County weed list) in any way, including intentional livestock or domestic animal grazing. ▪ Removing or altering dead and down trees, EXCEPT except in the case of fallen trees that damage project-related structure (i.e. livestock exclusion fencing) or create a flood or safety hazard. ▪ Constructing buildings, bridges, fences or other structures. ▪ Constructing trails, roads or stream fords. ▪ Placing fill materials (rock, concrete, logs, soils, etc.) and/or removal of such materials. ▪ Draining, altering or otherwise disturbing wetland areas. In the event the Owner is ordered by a governmental entity authorized to issue such an order to engage in a Restricted Activity on an emergency basis, Owner owner may comply with such order without prior written consent of the USWCD only if it is impracticable to obtain consent within the time given for compliance with the order. Upon receipt of any such order, Owner shall immediately inform and coordinate with the USWCD to limit the impact of the ordered action to the conservation goals of this Agreement.