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HomeMy WebLinkAbout2011-303 Agrmt - Million Ditch Water Users Group AGREEMENT This Agreement is entered into this 16 day of November, 2011, by and between the Million Ditch Water Users Group ("MDWUG") and the City of Ashland, Oregon ("City"). RECITALS A. MDWUG owns, operates, and maintains a diversion and irrigation water delivery system, known as "Million Ditch," which uses water from Ashland Creek north of the rail line in the City; B. City wishes to undertake a project to restore the riparian bank of Ashland Creek north of the rail line ("Ashland Creek Riparian Bank Restoration Project'), including the construction of improvements to Million Ditch; and C. MDWUG supports completion of the Ashland Creek Riparian Bank Restoration Project. NOW THEREFORE, the parties agree as follows: AGREEMENTS 1. The recitals above are incorporated herein by reference. 2. City will undertake and complete the following activities: a. Removing portions of the existing steel irrigation pipe and dam; b. Coordinating installation of the new fish screen mechanism by the ODFW; c. Connecting said screen to the existing 6" PVC irrigation pipe and new HDPE diversion pipe; d. Installing the new intake head gate system and the new welded joint HDPE diversion pipe from intake to the new fish screen; and e. Providing a valve operating key to MDWUG. 3. MDWUG agrees to cooperate to the extent practicable during the installation of the new irrigation system, which will likely involve periodic disruption of water from Million Ditch. 4. MDWUG will be responsible for the following activities: a. The minor maintenance of the fish screen as set forth under ORS 498.306(15)f. This entails operation of the fish screen, including periodic inspection and PAGE 1 - AGREEMENT lubrication, and installation and removal of the drum at the beginning and end of each irrigation season; b. Operation, and all major and minor maintenance and repair of the diversion system and irrigation water delivery system (excluding fish screen) upon Final Completion and the City's official acceptance of the Ashland Creek Riparian Bank Restoration Project. c. Seasonal and circumstantial opening and closing of the Million Ditch head-gate valve apparatus. 5. MDWUG agrees to indemnify and hold City harmless from any and all claims, costs and damages asserted against City, its officers, employees and agents resulting from injury to any person or damage to property of whatsoever nature arising out of negligence or carelessness on the part of the persons or entities released, except for injury to person or damage to property arising out of the intentional misconduct or the recklessness of the City or its officers, employees and agents. 6. The parties understand and agree that the Oregon Department of Fish and Wildlife will be responsible for all major screen mechanism repairs, including replacement (if needed due to failure for any reason, or a change in the screening criteria). Dated: 11/16/2011 MILLION DITCH WATER USERS GROUP By: r Lee Wand Title: Primary Ditch Maintainer Dated: "// /2°�� CITY OF ASHLAND By: Title: Qv10\�wor� j�ccdb�- PAGE2 -AGREEMENT CITY OF ASHLAND NOTICE OF TRANSMITTAL TO: Barbara Chrictensen DATE: November 17,2011 City Recorder PROJECT: Ashland Creek Bank Restoration JOB NO.: 2006-29 SUBJECT: Agreement THE FOLLOWING ITEMS ARE BEING SENT TO YOU: 1. Original signed agreement regarding work to be done on the Million Irrigation Ditch ENCLOSED X UNDER SEPARATE COVER REMARKS: This document is a simple definition of duties and obligations regarding the pending reconstruction of the headworks of the Million Irrigation Ditch and need not be recorded. Please file in the City's vault files. COPIES TO: Morgan Wayman Russ Lawrence Department of Publi By: James H. Olson Title: Engineering tc anager PUBLIC WORKS Tel:54IA88-5587 20l Main Street Fax:541 800-736006 Ashland,Oregon 97520 TTY: 800-735-2900 w .ashland.onus