HomeMy WebLinkAbout1996-203 MOU - Wetlands Project Memorandum of Understanding
between
City of Ashland and Ashland Parks and Recreation Commission
for the
Wetlands Demonstration Pilot Project
City and Commission enter into this Memorandum of Understanding on October 1, 1996
for the purpose of providing a wetland demonstration pilot project ("project") site using
dedicated park land.
City and Commission agree:
1. City's Initial Obligations. City shall:
1.1. Include a Parks and Recreation Commissioner and the Parks and Recreation
Director in the selection process for the firm which will develop the project.
1.2. Allow the Commission the opportunity to approve the final design of the project
as it pertains to public access prior to construction.
1.3. Allow public access to the project which shall be open for public use as
determined by the Commission unless for health, safety or maintenance reasons the area
may be closed for a temporary period.
1.4. Assume all costs associated with the project including but not limited to
planning, development, construction, public access, areas and amenities for public use
as shown in the Demonstration Wetlands Project Request for Proposals and Contract.
1.5. Assume total responsibility for all costs associated with the overall
management, monitoring, and ongoing maintenance including the public access, public
use areas and amenities during the duration of the project.
2. City's Obligation Upon Continuance. If at the end of the three-year project the City
chooses to continue to operate the wetlands system as part of the city's sewage or storm
drainage systems, the City will assume all costs associated with the management,
monitoring, improvements, and maintenance of the wetland pond area including public
access, use areas and amenities.
3. City's Obligation Upon Discontinuance. If the City continues to use the wetland pond
beyond the project but, at some future date, chooses to discontinue use of the wetland
pond as part of its sewage or storm drainage systems, the City will give the Commission
a one-year written notice of its intent not to use the pond. During this one-year period, the
City will continue to be responsible for all costs associated with the area as described in
this Memorandum of Understanding.
PAGE 1-MEMORANDUM OF UNDERSTANDING {p:parks\wetland~.mou)
4. Commission Not Required to Pay or Continue. The Commission is under no
obligation to retain the wetlands project area as established or to reimburse the City for
any costs associated with the project. If, at the end of the project, the City does not
choose to incorporate the wetland area into its sewage or storm drainage systems, the
Commission is under no obligation to the City to retain the project area as established or
to reimburse the City for any costs associated with the project.
5. Restoration Requirements of City. Following the three-year project or after the one-
year notification period indicating that the City will no longer be using the area, the
Commission will have 90 days to inform the City whether or not it chooses to have the
land on which wetlands project area has been constructed restored to Its former condition
prior to construction.
5.1. If the Commission chooses to have the area restored to its prior condition, the
City will be responsible for all costs associated with restoring the site to its prior condition
including costs of mitigation if necessary.
5.2. The Commission will have the opportunity to approve all plans associated with
restoring the site including but not limited to determining specifications, setting a
reasonable time-line for completion of the project, reviewing progress of the restoration
regarding meeting specifications, and having final approval of acceptance of the project
as complete.
6. Commission's Obligations. The Commission shall:
6.1. Provide the land depicted in Attachment A for the duration of the project.
6.2. Continue to provide the land as specified above if the City chooses to continue
utilizing the wetland pond for City purposes associated with the sewage or storm drain
systems.
CITY OF ASHLAND
Catherine Golden, Mayor
Barbara Christensen, City Recorder
CITY OF ASHLAND PARKS AND
RECREATION COMMISSION
oppc=ff:fge, Chair
PAGE 2-MEMORANDUM OF UNDERSTANDING (p:parks\wetlands.mou}
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