HomeMy WebLinkAbout12- Cooperative Agreement for Cherry River Fishing Access with MT Fish, Wildlife and Parks and the City of Bozeman AfortIar�,ai.s�,,
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Craig Woolard I
121 N. Rouse Ave.
P.O. Box 1230 Inv 0 ?
Bozeman, MT 59771-1230
November 7, 2012
Dear Graig,
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 look forward to meeting and working with you in the future.
Sincerely,
�-z
Ray Hea y
Fishing cress Site rogram Coordinator
Region 3 Montana Fish, Wildlife&Parks
1400 S. 19th Avenue
Bozeman, MT 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. Pumose: 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.
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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.
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FWP will install and maintain signs 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
1400S. 19th
Bozeman, MT 59718
(406) 994-4042
The City designates the following party to act as liaison with the F 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.
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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. Flqwer�-�.
Region Thrde Supervisor
City of Bozeman
Craig Woolard, Ph.D., P.E'
Director of Public Works
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Cooperative Agreement Location Map
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Reclamation Facility
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FWP Cherry River FAS
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