HomeMy WebLinkAboutReso 94-22 Approving the Contract for Transfer and Performance of Mitigation Serviceses for Eagle Ridge Preserve - East Property Mitigation Area
Reso. No. 94-22, Item 4.7, Adopted 07/19/2022 Page 1 of 2
RESOLUTION NO. 94 – 22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE CONTRACT FOR TRANSFER AND PERFORMANCE OF MITIGATION
SERVICES, THE AGREEMENT REGARDING ACQUISITION OF OFF-SITE MITIGATION
PROPERTY TO ACCOMMODATE DRAINAGE DITCH MAINTENANCE OBLIGATIONS, AND
THE PERPETUAL CONSERVATION EASEMENT ENDOWMENT AGREEMENT FOR EAGLE
RIDGE PRESERVE – EAST PROPERTY MITIGATION AREA
WHEREAS, GH Pac Vest, LLC (Landowner) owns certain real property within the City of
Dublin located adjacent to Old Fallon Road, commonly known as Croak Road, a City street right-
of-way, near the intersection of Croak Road and the Interstate 580 westbound off-ramp; and
WHEREAS, the Landowner is required to construct or install certain storm drainage
improvements within the City street right-of-way of Croak Road to address drainage conditions
that affect the Landowner’s property (Improvements); and
WHEREAS, the construction or installation of the Improvements requires the acquisition of
rights to purchase mitigation for the impacts of the Improvements on California Red Legged Frog
(CRLF) and wetlands habitat; and
WHEREAS, the City is the sponsor and permittee with the U.S. Army Corps of Engineers,
the U.S. Fish & Wildlife Service, and the San Francisco Bay Regional Water Quality Control Board
(collectively, the Resource Agencies) since the Improvements are located within City street right-
of-way and the Resource Agencies require that the City be the responsible agency for mitigating
the impacts caused by the Improvements; and
WHEREAS, the Landowner has identified suitable and available land for habitat and
species mitigation purposes on certain mitigation land owned by Rocky Ridge, LLC, known as
Eagle Ridge Preserve – East Property (Off-Site Mitigation), located within the counties of Contra
Costa and Alameda, in which land neither the Landowner nor the City presently has sufficient title
or interest to establish the Off-Site Mitigation; and
WHEREAS, the City desires to enter into a Contract for Transfer and Performance of
Mitigation Services (Mitigation Agreement), attached hereto as Exhibit A, with Rock Ridge, LLC
for the provision of mitigation services and Off-Site Mitigation, as further defined in the Mitigation
Agreement; and
WHEREAS, the Landowner is obligated to make payment for all costs and expenses of
Rocky Ridge, LLC providing Mitigation Services, as defined in the Agreement Regarding
Acquisition of Off-Site Mitigation Property to Accommodate Drainage Ditch Maintenance
Obligations, attached hereto as Exhibit B; and
WHEREAS, Rocky Ridge, LLC is under contract with Golden State Land Conservancy as
the grantee of a Conservation Easement and retains the perpetual rights and obligations of
management of the Off-Site Mitigation area; and
WHEREAS, the City desires to enter into a Perpetual Conservation Easement Endowment
Agreement for Eagle Ridge Preserve – East Property Mitigation Area, attached hereto as Exhibit
Reso. No. 94-22, Item 4.7, Adopted 07/19/2022 Page 2 of 2
C, with Golden State Land Conservancy for long-term management, maintenance, and monitoring
of the preserved and established habitats for the Off-Site Mitigation; and
WHEREAS, the Landowner is obligated to provide the funds, on behalf of the City, for the
establishment of the endowment, as further described in Exhibit C, for the long-term management
and monitoring of the Off-Site Mitigation area, as well as to fund Golden State Land Conservancy’s
management and monitoring oversight activities, enforcement, and protection of the Off-Site
Mitigation area.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the Contract for Transfer and Performance of Mitigation Services, attached hereto
as Exhibit A, the Agreement Regarding Acquisition of Off-Site Mitigation Property to
Accommodate Drainage Ditch Maintenance Obligations, attached hereto as Exhibit B, and the
Perpetual Conservation Easement Endowment Agreement for Eagle Ridge Preserve – East
Property Mitigation Area, attached hereto as Exhibit C, in substantially the forms attached hereto.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Contract
for Transfer and Performance of Mitigation Services, attached hereto as Exhibit A, the Agreement
Regarding Acquisition of Off-Site Mitigation Property to Accommodate Drainage Ditch
Maintenance Obligations, attached hereto as Exhibit B, and the Perpetual Conservation
Easement Endowment Agreement for Eagle Ridge Preserve – East Property Mitigation Area,
attached hereto as Exhibit C, and make any necessary, non-substantive changes to carry out the
intent of this Resolution, including revisions to the agreements, with the advice of the City Attorney,
which do not materially or substantially increase the City’s obligations thereunder; to approve and
execute the Escrow Instructions to be attached to the Contract for Transfer and Performance of
Mitigation Services, to sign all documents, to make all approvals and take all actions necessary
or appropriate to carry out and implement the agreements and to administer the City’s obligations,
responsibilities and duties to be performed thereunder.
PASSED, APPROVED AND ADOPTED this 19th day of July 2022, by the following vote:
AYES: Councilmembers Hu, Josey, Kumagai, McCorriston and Mayor Hernandez
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk