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HomeMy WebLinkAbout12- Cherry River Fishing Access SIte Cooperative AgreementCram 'Woolard 121 N. Rouse Ave.. P.O. Box 1230 Bozeman, MT 59771-1230 November 7, 2012 Dear Craig, Enclosed is the City"s copy of the Cherry River FAS Cooperative Agreement. Please sign both signature pages and return one to me in the attached envelope. Thank you for your assistance in this process. I loop forward to meeting and working with you in the future. Sincerely, RaPHeagpq y Fishing cress Site,Arogram Coordinator Region" 3 ?Ml ontana Fish, Wildlife & Parrs 1400 S. l9th Avenue Bozeman, NIT 59718 (o) 406-994-6987 (c) 406-581-5557 rheagney@mt.gov c: Cherry River File Cherry River Fishing Access Site Cooperative Agreement Montana Department of Fish, Wildlife and Parks — City of Bozeman THIS COOPERATIVE AGREEMENT is made and entered into this 7th day of November, 2012, between the Montana Department of Fish, Wildlife, and Parks, an agency of the State of Montana, whose main address is 1420 East Sixth Avenue, P.O. Box 200701, Helena, MT 59620 (FWP) and the City of Bozeman, a municipal corporation, whose address is P.O. Box 1230, Bozeman, MT 59771 (City). RECITALS The City owns and controls certain real property known as the Water Reclamation Facility (WRF), located at 2245 Springhill Road in the City of Bozeman, Gallatin County, Montana. The City desires to make available the northeast portion of the WRF property for public fishing access to the East Gallatin River and for associated parking. FWP owns and operates the Cherry River Fishing Access Site (FAS), located on the East Gallatin River to the east of the WRF property across Springhill Road. FWP wishes to assist the City's efforts to enhance public fishing opportunities associated with the WRF and the Cherry River FAS by providing assistance in the management of this area. AGREEMENT To achieve their mutual goals for enhancing public fishing access to the East Gallatin River in the vicinity of the Water Reclamation Facility and the Cherry River Fishing Access Site, FWP and the City enter into this Cooperative Agreement. 1. Purpose: The purpose of the Cooperative Agreement is to establish a framework for cooperation between the City and FWP for the operation and maintenance of a portion of the Water Resources Facility to provide public fishing access to the East Gallatin River and to provide an associated parking area, thus complementing FWP's management of its adjoining Cherry River Fishing Access Site and enhancing public fishing opportunities. 2. Term: The term of this Cooperative Agreement shall be ten (10) years, commencing on the date written above, with the option for renewal for an additional ten (10) years by mutual written consent of FWP and the City. 3. City Commitments: The City will manage the northeast portion of its WRF property to provide public fishing access to the East Gallatin River, and will establish a public parking area that may be used free of charge by recreationists accessing the river on the WRF property and on the Cherry River FAS. The City intends that its WRF property will remain open for public fishing access during the entire year. However, the City retains the right to close the WRF property to public use at any time, as may be necessary for such purposes as public safety, Water Reclamation Facility operational considerations, natural resource protection, or other administrative or management considerations. The City will maintain the entrance road to the public parking area in a passable condition for normal vehicular use. However, the parties realize that weather or seasonal conditions may preclude public use of the access road, and the access road may be closed in such circumstance. Neither the City nor FWP is obligated to remove snow from the site or plow the entrance road. The WRF property is intended for day -use only, and the City may gate and lock or otherwise restrict access to the entrance road after dark if necessary to control adverse or unauthorized uses of the area. The portion of the WRF Property that is not used for public fishing access or parking purposes is not open to the public for recreation or other uses. The City retains responsibility for mowing and weed control on the WRF property. The City intends to install a latrine on the WRF property (see below for latrine management responsibilities of FWP). 4. FWP Commitments: FWP will provide management assistance in the operation and maintenance of the portion of the WRF property that is used for public fishing access and related parking. FWP management assistance will be consistent with the manner in which FWP operates and maintains other fishing access sites in Gallatin County, unless otherwise specifically provided in this Cooperative Agreement. FWP assistance will include maintenance of the latrine by keeping it clean and in good repair. FWP will have the latrine pumped as per FWP's standard operation practices at fishing access sites, generally once every other year or as needed during seasons of greater public use. 2 FWP will install and maintain suns as necessary to inform the public of the boundaries of the Cherry River FAS and the publicly available portion of the WRF; allowable and prohibited uses and activities; and other important site -management issues. 5. Liaison: FWP designates the following party to act as liaison with the City for the operation of this Cooperative Agreement: Regional Supervisor Montana FWP 1400 S. 19" Bozeman, MT 59718 (406) 994-4042 The City designates the following party to act as liaison with the FWP for the operation of this Cooperative Agreement: Director of Public Works City of Bozeman P.O. Box 1230 Bozeman, MT 59771 (406) 582-2273 The FWP and City agree to meet as needed to review operation and maintenance of the access site. 6. Termination: This Cooperative Agreement may be terminated at any time by either party by sending written notice to the liaison. No cause for termination is required. It is suggested that any party provide ninety days advance notice so that appropriate logistical arrangements can be made by both parties to best serve the interests of public access and site management. Q IN WITNESS WHEREOF, the Department and City have executed this Cooperative Agreement as of the date written above. Montana Department of Fish, Wildlife and Parks Patrick J. Fl er _. Region Thr e Supervisor City of Bozeman Craig Woolard, Ph.D., P.E. :Director of Public Works rd Cooperative Agreement — Location Map