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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} G~iWAY ~ YORK · ~ ST. KENT ST. ALUEDA I:~aT. C~ PUNJC WOedCS · EN~[NEE~NO DiYI~O~q Ir ~frd