THIS AGREEMENT Is Entered Into by and Between ______

THIS AGREEMENT Is Entered Into by and Between ______

1

THIS AGREEMENT is entered into by and between ______

(name of landowner)

and ______County (COUNTY); for the specific purpose of allowing recreational use of land identified in Exhibit A. For the purposes of this document, recreational use shall include [snowmobile, ATV, and/or UTV] (circle all appropriate uses) as described in s. 340.01(58a), s. 340.01(2g) or s. 23.33(1)(ng) Wis. Stats., hereinafter referred to as vehicles.

WHEREAS, the COUNTY wishes to provide a satisfying recreational riding experience for county residents, Wisconsin citizens, and visitors to Wisconsin by the maintenance and operations of recreational trails; and

WHEREAS, the continuity of recreational trails frequently requires that these trails cross private lands; and

WHEREAS, private landowners are interested in assisting the COUNTY with the continuity of recreational trails;

NOW THEREFORE, the landowner and COUNTY agree to the following:

I.PREMISES. The description and location of the recreational trail length crossing private land is contained in Exhibit A, attached hereto and made a part hereof this agreement.

II.USE OF THE PREMISES

  1. The landowner shall allow recreational riders and their vehicles to cross land owned by the landowner at no cost on days when the COUNTY declares that the trails are open.
  1. The landowner shall allow COUNTY staff or designated recreational clubs to groom and maintain recreational trails on land owned by the landowner.
  1. The landowner shall allow the COUNTY or designated recreational clubs to place, maintain, and remove recreational safety operations signs on land owned by the landowner.
  1. The landowner agrees to allow the DNR to inspect the premises at reasonable times for the sole purpose of ensuring that the COUNTY or designated recreational club have developed the recreational trail in compliance with the grant agreement issued to the COUNTY by the DNR. The COUNTY assumes sole responsibility for supervision of its staff or performance of the grant agreement.

III.OBLIGATIONS OF THE COUNTY

  1. The COUNTY agrees to notify the landowner, in writing, as soon as practicable, about any changes on neighboring property that may impact the recreational trail on the landowner’s property.
  1. The COUNTY agrees to coordinate the activities of designated recreational clubs for the purposed of II.B. and II.C. above.
  1. The COUNTY agrees to notify the landowner about hours of operation on adjoining recreational trails segments.
  1. The COUNTY shall be responsible for obtaining insurance for any improvements or structures located on the subject property.

IV.LENGTH OF AGREEMENT AND RIGHTS OF EACH PARTY

This agreement shall become effective when signed by both parties and submitted to the Department of Natural Resources (DNR). This agreement shall remain in effect for a period of ____ years and may be modified or renewed upon written agreement by both parties and prior notification of the DNR. This agreement binds all subsequent owners, lessors, heirs or assigns during the period of the agreement.

V.GENERAL PROVISIONS

  1. Neither this agreement nor any right or duty of either party may be transferred, assigned, conveyed or contracted without the prior written permission of the other party.
  1. The landowner acknowledges that it is an independent contractor for the purpose of this agreement and is not an employee of the COUNTY or the DNR.
  1. The landowner and the COUNTY agree that this agreement is governed by Wisconsin Statutes.

VI.SIGNATURES

The signatories below agree to the terms and conditions of this agreement.

LANDOWNER:

______

SignatureDate

Typed Name of Landowner: ______

Address: ______

For the COUNTY:

______

SignatureDate

Typed Name of County Representative: ______

______, Title of County Representative

This instrument was drafted by Wisconsin Department of Natural Resources.

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