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BBC-MOUNOTE: revised from last signed copy to reflect most recent boundary map and management plan. Conservation Commission of the City of Northampton and The Broad Brook Coalition, Inc. MEMORANDUM OF UNDERSTANDING 1. PARTIES. This MEMORANDUM OF UNDERSTANDING is made this _____ day of _________________, 1997, by and between the Broad Brook Coalition, Inc., a tax-exempt conservation corporation under Section 501(c)(3) of the I.R.S. code, with an address at Box 60566, Florence (hereinafter called the BBC), and the Conservation Commission of the City of Northampton, with an address at City Hall, Northampton, MA (hereinafter called the Commission). In consideration of the mutual benefits to be derived by the parties by the implementation of this Memorandum, the parties hereby enter into this memorandum for the purposes set forth below and in accordance with the terms and conditions contained herein. 2. PURPOSE. The purpose of this memorandum is to provide for the stewardship, protection, preservation, management, and maintenance of the Fitzgerald Lake Conservation Area (THE PREMISES), more particularly described in paragraph 3, for conservation and passive recreation uses and for the protection of the Broad Brook watershed for the long-term benefit of the residents of Northampton and the general public. THE PREMISES shall be managed by the Commission with the cooperation and assistance of the BBC, and with the assistance of other groups by agreement with the Commission, on a voluntary basis in accordance with the terms of this memorandum. The BBC shall perform no action on THE PREMISES, however, without approval of the Commission, except as specifically addressed in this Memorandum. This Memorandum supersedes and replaces all previous MEMORANDA OF UNDERSTANDING between the Commission and the BBC. 3. PREMISES. THE PREMISES consists of 487 acres, more or less, of real property called the Fitzgerald Lake Conservation Area and are substantially shown on the map entitled "Fitzgearld Lake Conservation Area, Boundary Plan as of June 1, 1996@ prepared by the Office of Planning and Development and attached hereto. THE PREMISES is that land which is shown on the referenced plan which is owned in fee by the Northampton Conservation Commission. THE PREMISES are under the management of the Commission. 4. USES. THE PREMISES shall be used for conservation and passive recreation activities, including, but not limited to picnicking, nature study and research, hiking, canoeing, and fishing. All uses of the parcel shall be in compliance with the Regulations of the Northampton Conservation Commission, incorporated into this Memorandum by reference. 5. PUBLIC ACCESS. THE PREMISES shall be open to the general public without discrimination, at hours established by the Commission. The Commission reserves the right to restrict public access to any and all portions of THE PREMISES if such access would, in its judgement, be destructive to natural habitats, to seasonal wildlife breeding activity, or if such access would be dangerous to public health and welfare. 6. MANAGEMENT PLAN. The general guidelines for the management of the property are outlined the 1994-1999 Northampton Open Space, Conservation and Recreation Plan, adopted by the Commission and the Management Plan for Fitzgerald Lake Conservation Area, 1996-1999, prepared by the Broad Brook Coalition and approved by the Commission, which are incorporated into this Memorandum by reference. The BBC's suggestions and comments for revisions to these documents and for any long term planning effort will be considered and studied by the Commission. These plans may be amended from time to time by the Commission or with Commission approval. 7. RESPONSIBILITY FOR MAINTENANCE AND IMPROVEMENTS. The final responsibility for Premises remains with the Commission. The Parties accept the following responsibilities: Broad Brook Coalition: a. Before doing any work on the site, all BBC volunteers shall sign a release, in a form approved by the Commission, releasing and indemnifying the City and the BBC of all responsibility for any accident that occurs while working in the Conservation Area. b. The BBC may undertake (without excluding other volunteers) the following work without prior approval of the Commission, but the Commission must be notified of planned maintenance activities: : i. Routine trash pickup ii. Maintenance of existing trails, boardwalks and trail structures iii. Maintenance of canoe launches, including maintenance of the launch structure and removing (with hand tools only) silt and debris that settles in the lake at the launch site iv. Installation of new trail drainage and wood rock trail structures in accordance with Appalachian Mountain Club or Massachusetts Department of Environmental Management standards. v. Clearance of brush from the dam and spillway. c. The BBC shall request and obtain the permission of the Commission before undertaking any other maintenance or improvement project on THE PREMISES. d. The BBC shall credit the Commission with the ownership and management of the Fitzgerald Lake Conservation Area in any brochures or press releases on Broad Brook's work in the Conservation Area. The Conservation Commission shall: a. Retain overall maintenance and improvement responsibility and, to the extent of its resources, arrange for maintenance of the dam. b. Be responsible for obtaining wetlands Order of Conditions and any other necessary permits. 8. MEMORANDUM TERMS. The term of this Memorandum shall be five (5) years from the date of this memorandum, renewable for additional five (5) year terms if both parties agree in writing. The parties shall meet to review and discuss the Memorandum upon the request of either party. Any additions or deletions to this Memorandum must be approved by all parties and agreed to in writing to become effective and legally binding. 9. ENFORCEMENT. The Commission, Northampton Police and state enforcement agencies are all authorized to take enforcement actions in the Premises. BBC has no responsibilities or authority for enforcement. 10. AUTHORITY TO SIGN. The parties hereby represent and warrant that they are empowered and authorized to enter into this Memorandum and that this Memorandum is being executed by a representative duly authorized to bind their respective party to the rights and obligations contained in this Memorandum. Signed: ________________________________________________ Broad Brook Coalition, Inc. DATE Monica Jakuc, President ________________________________________________ Northampton Conservation Commission DATE Mason Maronn, Chair (C:\Wayne Files\WPfiles\Fitzgerald Lake Cons. Area\BBC.MOU November 29, 2000) 1