Cost-share practice agreement

Rules on this topic differ by state. Check your state's law before you use this template.

If the money comes from a state or federal program with its own contract form, use that program's form. This draft fits district-funded or locally funded cost-share.

Cost-Share Practice Agreement

This agreement is made on [Agreement date] between [District name] (the district) and [Landowner name] (the landowner) for work on land at [Property location] under the [Program name].

1. The practice

The landowner will install the following practice: [Practice name]. The design, location and amount of work are described in the attached plan or sketch, which both parties have initialed.

2. Who pays what

1. The district will pay [Percent] percent of the eligible cost of the practice, up to [Dollar cap].
2. Eligible costs are the costs listed in the attached plan. Costs for work not in the plan, or for work done before this agreement was signed, are not eligible unless the district agrees in writing.
3. The landowner pays the rest of the cost and any cost above the cap.
4. Payment depends on money being available in the program and on the district's board authorizing it.

3. Doing the work

1. The landowner will finish the work by [Completion date]. If more time is needed, ask [Staff name] in writing before that date.
2. The landowner is responsible for hiring contractors, getting any permits the work needs, and calling before digging.
3. District staff may visit the site, with notice, to check the layout and the finished work.

4. Getting paid

When the work is finished, the landowner gives the district copies of paid invoices or receipts and any other records the plan asks for. District staff check the finished practice against the plan. Once the work matches the plan, the district pays the landowner its share.

5. Keeping the practice in place

The landowner will keep the practice working and in good repair for [Number of years] years after it is finished. If the practice is removed, destroyed on purpose, or allowed to fail through neglect during that time, the landowner may have to pay back some or all of the district's share. Damage from floods, storms or other events outside the landowner's control does not count as neglect.

6. If the land changes hands

If the landowner sells or leases the land during the upkeep period, the landowner will tell the district and give the new owner or operator a copy of this agreement. The district may ask the new owner or operator to take over the upkeep duty in writing.

7. Other terms

• This agreement does not give the district any right to the land beyond the site visits in Section 3.
• Either party may end this agreement before work starts by written notice. After work starts, changes must be in writing and signed by both parties.
• The landowner is responsible for the safety of the work site and for following all laws that apply to the work.

Attachments

• Practice plan, design or sketch, initialed by both parties
• Cost estimate showing eligible costs
• Map or legal description of the site
• Copies of any permits the work needs

Signatures

A starting draft, not legal advice. Have your attorney or agency review before use.