Sample Electric Fencing Agreement
STATE OF MARYLAND DEPARTMENT OF NATURAL RESOURCES FENCING AGREEMENT
This Agreement entered into this ******* day of
WHEREAS, the Department is authorized by the Annotated Code of Maryland, Natural Resources, Section 10-209 to use money from the Wildlife Management and Protection Fund for the management of wildlife;
WHEREAS, black bear are a native species of Maryland and the number of bears in Maryland has increased in Western Maryland due to improving habitat conditions:
WHEREAS, with the increase in the number of bears in the State there has been an increase in the number of bear-human conflicts as a result of bear damage to bee keeping equipment;
WHEREAS, the Department formed a Bear Task Force in 1995 to address nuisance bear complaints;
WHEREAS, a recommendation of the Bear Task Force is to minimize bear-human conflicts by helping landowners cope with nuisance bear problems in a manner that will be effective and have a minimal adverse impact on the bear population;
WHEREAS, the Department has determined that it is in the best interest of the citizens of the State to provide certain fencing to beekeepers to protect the landowner’s bee yard where damage has been occurring from black bears;
NOW THEREFORE, on this ***** day of ************** the Department agrees to provide fencing, post and charger for ******* perimeter feet of grantee’s property provided the Grantee agrees to the following:
1) Maintain, construct and completely erect said fence within seven (7) days after delivery of the necessary wires, posts and charger in strict accordance with plans and specifications approved by the Service, which are attached hereto and made a part of this Agreement;
i. Maintain the fence and charger at all times in order to achieve the purpose of the fence; and
ii. Be responsible for all costs associated with maintaining said fence and charger, including replacing the battery to the fence when necessary.
2) The fencing material shall become the property of the Grantee upon completion of erection and inspection of the fence, unless, after an inspection, the Department determines that the fence is not being maintained appropriately.
3) The Department shall have the right during normal business hours, to enter upon and inspect the fence to determine whether the Landowner is in compliance with the terms and conditions of the Agreement. If the Department determines that the fence is not being maintained appropriately, the Department reserves the right to remove the fence.
4) The Grantee agrees that if the Grantee moves his bee yard or bee keeping equipment, the Grantee shall reconstruct the fence at the new location to protect the bee yard or bee keeping equipment. The Grantee further agrees under these circumstances to notify the nearest Service office within five (5) days so that the Service may re-inspect the fence.
5) The Grantee shall indemnify and save harmless the State from and against all actions, liability, claims, suits, damages, cost or expenses of any kind which may be brought or made against the State arising out of or as a result of this Agreement.
6) This Agreement shall be governed by the Laws of the State of Maryland, and the parties hereby expressly agree that the Courts of the State of Maryland shall have exclusive jurisdiction to decide any question arising hereunder.
7) The Grantee and/or its subcontractors shall not discriminate in any matter against an employee or applicant for employment because of sex, race, age, color, creed, or national origin.
8) This Agreement embodies the whole agreement of the parties. There are not promises, conditions, or obligations referring to the subject matter, other than those contained herein or incorporated herein by reference.
IN WITNESS THEREOF, the parties have executed this Agreement by causing the same to be signed on the day and year first above written.
Signature and signature of witness (Witness)
IF THE GRANTOR IS NOT THE LANDOWNER, THE
Signature of landowner and of witness (Witness)
STATE OF MARYLAND
THIS FENCING AGREEMENT FORM (Rev. 4/97) HAS BEEN APPROVED FOR FORM AND LEGAL SUFFICIENCY BY THE ATTORNEY GENERAL’S OFFICE OF THE DEPARTMENT OF NATURAL RESOURCES. ANY ADDITIONS, OR MODIFICATIONS TO, OR DELETIONS FROM, THIS FORM MUST BE APPROVED BY THE ATTORNEY GENERAL’S OFFICE BEFORE SIGNATURE OR PERFORMANCE OF ANY WORK. UNAUTHORIZED CHANGES, MODIFICATIONS, OR DELETIONS WILL RENDER THE DEPARTMENT’S OBLIGATIONS UNDER THIS AGREEMENT VOIDABLE AT THE ELECTION OF THE DEPARTMENT.
All contents (c) 2004 Maryland Department of Natural Resources. All
This page last updated May 04, 2012