HomeMy WebLinkAboutItem 4.12 Ohlone Preserve Conserv Purch
CITY CLERK
File # D[h][QJ~-[]][Q]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: November 6,2007
SUBJECT:
Approval of Sale Agreement with Ohlone Preserve Conservation
Bank for Purchase of Conservation Credits for the I-580/Fallon
Road Interchange Improvement Project
Report Prepared by: Melissa Morton, Public Works Dire~
ATTACHMENTS:
Resolution approving the Agreement for Sale of Conservation
Credits, together with Exhibit "A," Agreement
RECOMMENDATION/]. . A~ Adopt the Resolution approving the Sale Agreement with Ohlone
( 'f V . Preserve Conservation Bank for Purchase of Conservation Credits
~ . . for the I-580/Fallon Road Interchange Improvement Project and
authorizing the Mayor to sign said agreement. .
. .
FINANCIAL STATEMENT: The cost of purchasing 10.6 acres of combination California tiger
salamander/California red-legged frog mu1ti~species credits from the
Ohlone Preserve Conservation Bank is $206,700.00. The Lin
Family has expressed concurrence regarding the use of funds
previously provided for the construction management of the
I-580/Fallon Road Interchange Project to immediately fund the
purchase of these conservation credits. The Project funds intended
for construction management will be replenished by the Lin Family
prior to award of the construction contract.
DESCRIPTION: In July 2007, the U.S. Fish and Wildlife Service released its
Biological Opinion for the proposed I-580/Fallon Road Interchange Project on the threatened California
tiger salamander, threatened California red-legged frog, and the endangered San Joaquin kit fox. The
project Biological Opinion, which is issued under the authority of the Endangered Species Act of 1973,
requires the purchase of 10.6 acres of combination California tiger salamander/California red-legged frog
credits at the Ohlone Preserve Conservation Bank to offset project effects to these two listed species. The
Biological Opinion also requires that these credits be secured prior to groundbreaking for the project.
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COPY TO: Robert Fletcher, Ohlone Preserve Conservation Bank
Page 1 of2
ITEM NO.
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G:\CIP\I-580 Fallon Rd\Environmental\Agst Ohlone Preserve Conservation Bank Agmt 1I-6-07.doc
The cost to purchase 10.6 acres of combination California tiger salamander/California red-legged frog
multi-species credits from the Ohlone Preserve Conservation Bank is $206,700.00. The Conservation
Bank has received approval from the U.S. Fish and Wildlife Service and the California Department of
Fish and Game to offer credits for sale as compensation for the loss of California red-legged frog and
California tiger salamander habitat. The Conservation Bank is located in Alameda County.
The Lin Family has agreed to the use of funds previously provided for the construction management of the
I-580lFallon Road Interchange Project in order to immediately fund the purchase of these conservation
credits. The funds originally intended for construction management of the Project will be replenished by
the Lin Family prior to award of the construction contract.
Staff recommends that the City Council adopt the resolution ~pproving the Sale Agreement with Oh10ne
Preserve Conservation Bank for Purchase of Conservation Credits for the I-580lFallon Road Interchange
Improvement Proj ect and authorizing the Mayor to sign said agreement.
Page20f2
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RESOLUTION NO. - 07
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVAL OF SALE AGREEMENT WITH OHLONE PRESERVE CONSERVATION BANK
FOR PURCHASE OF CONSERVATION CREDITS FOR THE I-580/FALLON ROAD
INTERCHANGE IMPROVEMENT PROJECT
WHEREAS, the I-580lFallon Road Interchange Improvement Project (Project) is planned to be
constructed as part of the development process in eastern Dublin; and
WHEREAS, in July 2007, the U.S. Fish and Wildlife Service released its Biological Opinion
for the proposed I-580lFallon Road Interchange Project on the threatened California tiger salamander,
threatened California red-legged frog, and the endangered San Joaquin kit fox; and
WHEREAS, the project Biological Opinion, which is issued under the authority of the
Endangered Species Act of 1973, requires the purchase of 10.6 acres of combination California tiger
salamander/California red-legged frog credits at the Ohlone Preserve Conservation Bank to offset project
effects to these two listed species; and
WHEREAS, the cost to purchase 10.6 acres of combination California tiger salamander-
California red-legged frog multi-species credits from the Ohlone Preserve Conservation Bank is
$206,700.00, and a sale agreement between the City of Dublin and the Ohlone Preserve Conservation
Bank is required to purchase said conservation credits;
NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City of Dublin does
hereby approve the Sale Agreement with Ohlone Preserve Conservation Bank for purchase of
conservation credits for the I-580lFallon Road Interchange Improvement Project.
BE IT FURTHER RESOLVED that the Mayor is authorized to sign said agreement, attached
hereto as Exhibit "A."
PASSED, APPROVED AND ADOPTED this 6th day of November, 2007.
AYES:
NOES:
. ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
ll<-u-Ol 4.1 ~
A--r~W\4.fit
G:\CIP\I-580 Fallon Rd\Environmental\RESO Ohlone Preserve Agmt for 580-Fallon II-06-07.DOC
~r1o 7
AGREEMENT FOR SALE OF CONSERV ATION CREDITS
SERVICE File No.1-1-00TA-3256
CDFG Tracking No. 1802-2000-050-3
This Agreement for Sale of Conservation Credits ("Agreement") is made and entered into this
31 st day of October, 2007 ("Effective Date"), by Robert N. Fletcher and Patricia A Fletcher,
husband and wife as joint tenants, Richard S. Fletcher~ andC. Nelson and Betty S. Fletcher,
Trustees of the C. Nelson and Betty S. Fletcher Revocable Inter Vivos Trust, dated July 21,
1976, DBA Ohlone Preserve Conservation Bank ("Bank"), and the City of Dublin ("Project
Applicant") as follows: .
Recitals
A. The Bank has developed the Ohlone Preserve Conservation Bank located in
Alameda County, California; and
B. The Bank was approved by the U.S. Fish and Wildlife Service and the California
Department ofFish and Game June 23rd, 2005 and is currently in good standing with these
agencies; and .
C. TheBank has received approval from the U.S. Fish and Wildlife Service
("Service") and The California Department ofFish and Game ("CDFG") to offer California red-
legged frog, Alameda whipsnake, and California tiger salamander Conservation Credits
("Credits") for sale as compensation for the loss of California red-legged frog, Alameda
whipsnake, or California tiger salamander habitat through the Ohlone Preserve Conservation
Bank Bank Agreement ("Bank Agreement"); and .
D. The Bank has authorized Robert N. Fletcher to act as General Manager and to
process sales agreements, collect funds and disburse funds relating to the sale of Credits of the
bank; and
E. Project applicant is seeking to implement the project described on Exhibit "A"
attached hereto ("Project"), which would unavoidably and adversely impact California red-
legged frog and California tiger salamander, and seeks to compensate forthe loss of California
red-legged frog and California tiger salamander habitat by purchasing Credits from the Bank;
and
F. Project Applicant has been authorized by the Service, Service File No.
1-1-07-F-0257, to purchase from the Bank 10.6 acres of California tiger salamander
upland/California red-legged frog (CTSU/CRF) Multi-species Credits upon confirmation by the
Bank Owner of Credit availability /adequate balance of Credits remaining for sale; and
. .
G. Project Applicant desires to purchase from Bank and Bank desires to sell too
I
EXHIBIT A .
To the Resolution
"'-- +-- - ~ -
- .~Y\? 7
Project Applicant 10.6 ac~es ofCTSU/CRF Multi-species Credits. The Bank hereby confIrms
credit availability / adequate balance of Credits for sale;
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Bank hereby sells to Project Applicant and Project Applicant hereby purchases
from Bank 10.6 acres of CTSU/CRF Multi:"specieso Credits for the purchase price of
$206,700.00. Upon payment of the purchase price, the Bank will then deliver to Project
Applicant an executed Bill of Sale in the manner and form as attached hereto and marked Exhibit
"B". The purchase price for said Credits shall be paid by check.
2. The sale and transfer herein is not intended as a sale or transfer to Project
Applicant of a security, license, lease, easement, or possessory or non-possessory interest in real
property, nor the granting of any interest of the foregoing.
3. Project Applicant shall have'no obligation whatsoever by reason of the purchase
of the Credits, to support, pay for, monitor, report on, sustain, continue in perpetuity, or
otherwise be obligated or liable for the success or continued expense or maintenance in
perpetuity of the Credits sold, or the Bank. Pursuant to the Bank Agreement and any
amendments thereto, Bank shall monitor and make reports to the appropriate agency or agencies.
As required by law, Bank shall monitor and make reports to the appropriate agency or agencies
on the status of any Credits sold to Project Applicant. Bank shall be fully and completely
responsible for satisfying any and all conditions placed on the Bank or the Credits by all state or
federal jurisdictional agencies.
4. The Credits sold and transferred to Project Applicant shall be non-transferable
and non-assignable, and shall not be used as compensatory mitigation for any other Project or
purpose, except when such transfer, assignment, or use is approved by the state or federal
jurisdictional agencies.
5. Project Applicant must submit payment within thirty (30) days ofthe Effective
Date of this Agreement. If Project Applicant fails to submit payment within the thirty (30) day
period, this Agreement will be considered null and void.
6. Upon acquisition of the Credits, the sale is final and under no circumstances shall
the Bank be obligated to re-purchase any or part ofthe Credits.
7. Upon purchase of the Credits specified in paragraph E above, the Bank shall
submit to the parties listed in the Notice section of the Bank Agreement / Bank Enabling
Instrument, copies of the: a) Agreement for Sale of Conservation Credits; b) Description of
Project to be Mitigated (Exhibit A); c) Bill of Sale (Exhibit B); d) Payment Receipt (Exhibit C);
and e) an updated ledger. The updated inventory /ledger must detail: i) Project Applicant; ii)
Project Name; iii) Status (sale complete/sale not complete); iv) Credit Sale Date; v) Service File
Number and lor CDFG tracking number; vi) U.S. Army Corps of Engineers File Number (if
2
~'
applicable); vii) Total Number of Credits Authorized to Sell; viii) Total Number of Credits Sold
to Date (inclusive); and ix) Balance of all Credits Available. The inventory /ledger should
o include all sales data from bank opening/establishment to the present.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year
first above written.
BANK
Ohlone Preserve Conservation Bank
i/1 .
By: (tII2~1$) ,.al11Jl1h/
Robert N. Fletcher, General Manager
Date: loA Il~
PROJECT APPLICANT
City of Dublin
By:
Date:
Title:
3
'.
?'fJ 1
Exhibit "A"
DESCRIPTION OF PROJECT
TO BE MITIGATED
Fallon Road / Interstate 580 Interchange, US Fish and Wildlife Service File No. 1~1-07-
F-0257, City of Dublin, Alameda County, California
4
EXIIT A.
To the Agreement
'.
&a:t)1
Exhibit "B"
BILL OF SALE
Sale No. 1026 (Bank Sales Number)
Bank Service FileNo. 1-1-00TA-3256
Bank CDFG Tacking No. 1802-2000-050-3
Project Applicant Service File No. 1-1-07-F-0257
In consideration of $206,700.00, receipt of which is hereby acknowledged, Ohlone Preserve
Conservation Bank does hereby bargain, sell and transfer to the City of Dublin 10.6 acres of
CTSU/CRF Multi-species Credits in the Ohlone Preserve Conservation Bank in Alameda
County, California, developed and approved by the U. S. Fish and Wildlife Service and the
California. Department ofFish and Game.
Ohlone Preserve Conservation Bank represents and warrants that it has good title to the Credits,
has good right to sell the same, and that they are free and clear of all claims, liens, or
encumbrances.
Ohlone Preserve Conservation Bank covenants and agrees with the buyer to warrant and defend
the sale of the Credits hereinbefore described against all and every person and persons
whomsoever lawfully claiming or to claim the same.
Dated:
Ohlone Preserve Conservation Bank
By:
Robert N. Fletcher, General Manager
5
EXIIIT ~
To the Agreement
1~1
, Exhibit "C"
OHLONE PRESERVE CONSERVATION BANK
PAYMENT RECEIPT
PARTICIPANT INFORMATION
Name: City of Dublin
Address: 100 Civic Plaza
Dublin, CA 94568
.Telephone: (925) 833-6637
Contact: Ferd Del Rosario
PROJECT INFORMATION
Project Description: Fallon Road and 1580 interchange
Service File Number: 1-1-07-F-0257
Species/Habitat Affected: California red-legged frog and California tiger salamander
Credits to be Purchased: 10.6 acres of CTSU/CRF Multi-species Credits
Payment Amount: $206,700.00
Project Location: Fallon Road and 1580, City of Dublin, Alameda County, California
County/Address: Alameda County
PAYMENT INFORMATION
Payee: Ohlone Preserve Conservation Bank
Payer: City of Dublin
Amount: $206,700.00
Method of payment: Cash
Check No.
. Wire Transfer
Received by:
Date:
(Signature)
Name: Robert N. Fletcher
6
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EXHIBIT C.
To the Agreement