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Home My WebLink About1998 MOU w/ USFSWATERSHED RESTORATION AND ENHANCEMENT AGHEEM~NT between City of Ashland and USDA Forest Service THIS AGREEMENT, authorized under Section 334(a) of public Law 105-83, is made and entered into this 26 day of May 1998, by and between City of Ashland, hereinafter called City of Ashland, Landowner and the United States of America, by and through the Forest Service, United States Department of Agriculture, hereinafter called the Forest Service. The Agreement is for the purpose of facilitating cooperation between the Landowner and Forest Service in specific restoration, enhancement, or protection efforts. The parties have a common interest in improving or protecting the current condition within the Ashland Watershed. This Agreement provides for the interchange of services, equipment, and funds as specifically outlined below to meet the mutually agreed upon objectives of the project. 1. PROJECT AREA This Agreement applies to activities on and relating to the following real property: NWl/4 NWl/4, Sec.21, T.39 S., R.1 E., WM II. DURATION OF AGREEMENT The term of this Agreement shall run from the date of acceptance of this Agreement by all parties until June 30, 1998, or until terminated in accordance with the terms of this Agreement. III. OBJECTIVES The objectives of this cooperative effort in the project area are to: Improve stability and decrease erosion potential on two landslides (total .35 acre) located above the City of Ashland's water treatment plant and below FS 2060 Rd.; minimize sedimentation to Ashland Creek below Reeder reservoir; and to reduce potential damage ~o access roads and other facilities. These are the main roads providing access to the Ashland Creek canyon, Reeder reservoir, and Forest Service property. Reduction of sediment delivery potential has been identified as a high priority in the Bear Creek Watershed Analysis. Monitoring of water quality/quantity, as well as slope stability will be ongoing. Page 2 of 4 IV. O~LIGATIONS OF THE PARTIES ~. T~U~ LANDOWNER SHALL: 1. Allow the Forest Service, its employees, agents, and cooperators access to the project area for purposes relating to the objectives of this Agreement. 2. Not change, willfully destroy, or authorize or permit others to change or willfully destroy the characteristics of the project area without the express and written consent of the Forrest Service. 3. Not engage in any project activities until the parties agree that all applicable Federal, State, and local regulations have been (or will be) met and all necessary permits have been issued. 4. Specific provisions regarding landowner project responsibilities: - Supply approximately 40 one gallon containerized trees; - Provide onsite technical advise during implementation of projects; ~ Provide post-project effectiveness monitoring on landslide movement and surface erosion. C. '£~ FOREST SERVICE SHALL: 1. Provide notice to the Landowner before entering the project area. 2. Forest Service project responsibilities: ~ Provide materials for and install checkdams, remove culvert below FS 2060 Rd. within landslide; - Supply erosion control matting, grass seed, shrubs and trees; - Pay and arrange for REAL Corps (work crew) to perform work; - Provide crew oversight and technical advise during project; - Document project implementation (write-up with photographs); and - Conduct slope stability analysis in the Fall of 1998. Page 3 of 4 v. MODIFICATIONS Any modification to the terms of this Agreement shall be in writing upon the mutual consent of the parties. Such written consent shall be obtained prior to performing any changed work. VI. TERMINATION OF AGREEMENT This agreement may be terminated under the following conditions: The Landowner or Forest Service may terminate this Agreement in whole, or in part upon 30 days' written notice to the other party, which notice shall be delivered by certified mail or in person. After sending notice of termination, the parties shall not incur any new obligations related to terminated portion of this Agreement, and shall cancel as many pre-existing obligations as practical. A. Termination for Cause If this Agreement is terminated by the Landowner's breach, the Landowner shall pay to the Forest Service damages equal to the full expenditures incurred by the Forest Service relating to the terminated portion of this Agreement, plus interest and penalties as set forth in the Claims Collection Litigation Standards. If the Agreement i terminated because of the Forest Service breach, the Forest Service shall be responsible for any damages suffered by the Landowner. B. Termination for Convenience If the Agreement is terminated by the Forest Service or the Landowner, but without breach by the other party, the other party shall have no further obligations respecting this Agreement. However, if the termination is by the Landowner, the Landowner shall be responsible to comply with the obligations contained in the agreement mentioned in IV.A.4. above to the extent of activity already performed under this Agreement prior to such termination. C. Acts of Nature. Any termination, based upon an act of nature that is outside of the control of the parties and that substantially inhibits the ability of the parties to meet the Objectives of this Agreement or accomplish the Project Workplan, shall be without continuing liability of either party for activities relating to the affected Objectives or Workplan area. Acts of nature include, but are not limited to floods, earthquakes, volcanic eruptions, wind storms, and landslides. Page 4 of 4 VII. TP. ANSFER OF OWNERSHIP In the event the Landowner transfers any of the lands in the project area, the Landowner shall inform the purchaser of the existence of this Agreement and of the agreement detailed in IV.A.4. above, and shall notify the Forest Service, in writing, of any change of Ownership; VIII. LIABILITY Each party agrees that it will be responsible for his/her own acts and results thereof. This Agreement becomes effective as of the last date signed below. LAi~DOWNER: (type name and address) Mike Freeman City of Ashland 20 E. Main Street Ashland, OR 97520 FOREST SERVICE: FJ~ames T. Gladen Forest Supervisor Rogue River National Forest 333 W. 8th Street Medford, Oregon 97501 Date: