FRIENDS OF THE VERDE RIVER GREENWAY and LANDOWNER AGREEMENT This Friends of the Verde River Greenway (FVRG) and LANDOWNER AGREEMENT for Habitat Improvement is entered into between (“Land Owner”), Yavapai County Flood Control District and Friends of Verde River Greenway (FVRG), a nonprofit corporation under the laws of Arizona, for the purpose of mapping and removing invasive plant species on lands owned by Landowner (“Subject Property”) as illustrated in the attached Exhibit A, incorporated herein by reference. Whereas, FVRG desires to enter the Property and assist the Landowner for the purposes of invasive plant mapping and removal, and Whereas, the Landowner is willing to permit the entry to the Property by FVRG, its agents and assigns, for the purpose described above, upon the terms and conditions set forth in this Agreement; NOW, THEREFORE, in consideration of the mutual promises and other goods and valuable consideration contained herein, FVRG and the Landowner agree to implement the following described Habitat Improvement Project on the Subject Property: Project Description: Identify, map, treat and remove invasive plants from the riparian corridor. Physical Description/Parcel Number(s): See List Next Page WWF/Friends of the Verde River Greenway Land Owner Agreement Version Date7.19.2012 YAVAPAI COUNTY FLOOD CONTROL DIST - Prescott, AZ 404-14-016G - N/A 404-14-016H - N/A 404-19-152B - N/A 404-28-001G - N/A 405-01-022C - N/A 405-01-329 - 4035 E Indian Dr 405-06-166 - 4050 E Montezuma Ave 405-06-169 - 4030 E Montezuma Ave 405-06-170 - 4010 E Montezuma Ave 405-06-472 - 3180 E Rimrock Dr 405-07-173 - 3753 E Beaver Vista Rd 405-11-001 - 4130 E Beaver Vista Rd 405-11-002 - 4150 E Beaver Vista Rd 405-11-003 - 4170 E Beaver Vista Rd 405-11-004 - 4190 E Beaver Vista Rd 405-25-431 - 4445 E Goldmine Rd 405-25-462 - 5160 N Kramer Dr 405-25-463 - 5158 N Kramer Dr 405-25-465 - 5154 N Kramer Dr 405-25-466 - 5152 N Kramer Dr 405-25-467 - 5150 N Kramer Dr 405-25-473 - 5138 N Kramer Dr 405-25-474 - 5136 N Kramer Dr 405-25-475 - 5134 N Kramer Dr 405-25-476 - 5118 N Kramer Dr 405-25-479 - 5112 N Kramer Dr 405-25-482 - 5106 N Kramer Dr 405-25-483 - 5104 N Kramer Dr 405-25-485 - 5100 N Kramer Dr 405-25-487 - 5139 N Kramer Dr 405-25-491 - 4685 E Anita Ct 405-25-495 - 5149 N Kramer Dr 405-25-496 - 5155 N Kramer Dr 405-25-497 - 5161 N Kramer Dr 405-25-610 - 5595 N Bentley Dr 405-25-611 - 5605 N Bentley Dr 405-38-033 - 3380 E Coronado Trl 407-07-042 - N/A 407-07-058 - 2750 S Anderson Pl 407-07-059 - 2740 S Anderson Pl 407-07-061 - 2720 S Anderson Pl 407-12-011 - 9950 E Cornville Rd WWF/Friends of the Verde River Greenway Land Owner Agreement Version Date7.19.2012 A. FVRG shall: 1. Provide the following assistance to the Landowner, at no cost to the Landowner: X Invasive Plant Identification X GPS Mapping X Herbicide Application X Invasive Plant Removal X Invasive Plant Retreatment X Treatment Effectiveness Monitoring B. The Landowner shall: 1. Allow FVRG, its agents and assigns, entry upon the Subject Property at reasonable dates and times and upon reasonable advance notice during the term of this Agreement to the extent such access is necessary for the performance of its duties pursuant to this Agreement. Notwithstanding the foregoing, nothing contained herein shall be deemed to create an easement (either directly or through prescriptive use) or any other right or interest in any of the lands or property of Landowner including those identified on Exhibit A- Map of Project Area. 2. Allow FVRG to take photograph of project area for photo documentation purposes. a. X Yes No 3. Allow FVRG to publish your name as a participating stakeholder in Verde Watershed Restoration Coalition publications, outreach materials, etc. a. X Yes No 4. If the Subject Property is rented or leased, then the Landowner will advise the renter or lessee of this Agreement prior to commencement of the work, and grants FVRG permission to contact renter or lessee and advise them of impending work activities. Lessee Name: Phone/Email: Mailing Address: WWF/Friends of the Verde River Greenway Land Owner Agreement Version Date7.19.2012 5. Perform the following work pertinent to invasive plant removal and subsequent retreatment of invasive plant re-sprouts. Herbicide Application Invasive Plant removal Invasive Plant Retreatment X Treatment Effectiveness Monitoring C. FVRG and Landowner mutually agree: 1. This Agreement is effective as of the last signature date and shall expire five (5) years from that date. 2. To reasonably cooperate with each other to ensure that all participants successfully and satisfactorily fulfill their commitments as set forth in this Agreement. 3. That unless otherwise provided herein, the Landowner will not plant or promote the growth of invasive plants on the project area during the term of this Agreement 4. All work performed pursuant to this Agreement shall be in compliance with all applicable state and federal laws and regulations. 5. FVRG hereby assumes all responsibility for any injury to persons or damages to property to the extent caused by FVRG’s use of the Property pursuant to this Agreement. [Notwithstanding the foregoing, Landowner hereby releases FVRG for any claim of loss or damage to Landowner’s real or personal property arising from FVRG’s proper use of the Property pursuant to this Agreement.] 6. Either Party may terminate this Agreement upon thirty (30) days’ written notice to the other Party. Upon termination, all work performed pursuant to this Agreement shall cease. 7. Modifications within the scope of this Agreement shall be made by mutual consent of the Parties, by the issuance of a written modification, signed and dated by all Parties, prior to any changes being performed. The Parties are not obligated to fund any changes not approved in advance. 8. This Agreement constitutes the entire Agreement between the Parties pertaining to the subject matter herein and accurately sets forth the rights, duties, and obligations of each Party. All prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. The provisions of this Agreement may be abrogated, modified, rescinded, or amended in whole or in part only by mutual written consent executed by the Parties. 9. In the event that any provision of this Agreement or portion thereof is held invalid, illegal, or unenforceable, such provision or portion thereof shall be severed from this Agreement and shall have no effect on the remaining provisions of this Agreement, which shall remain in full force and effect. WWF/Friends of the Verde River Greenway Land Owner Agreement Version Date7.19.2012 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the last signature date below, and each person signing this Agreement warrants that he/she has the capacity and authority to execute this Agreement and consummate the transactions contemplated herein. APPROVED: Landowner Signature: Date: Name: Mailing Address: Email: Phone: APPROVED: Friends of Verde River Greenway Signature: Date: Mailing Address: Friends of the Verde River Greenway P.O. Box 2535 Cottonwood, AZ 86326 (For Internal Use Only) HWS BF-SB S-CLKD OC-1 CLKD OC-2 CTWD OC-3 VV-MV OC-4 MV-I17 WBC WWF/Friends of the Verde River Greenway Land Owner Agreement DBC CV CV-BF WCC Version Date7.19.2012