2016 US Bureau of Reclamation - Coral Canyon TR 33444 - Public Roadways & Trails (06-07-34-L-1502)IN REPLY REFER 10:
YAO-7120
LND-6.00
CERTIFIED
United States Department of the Interior
BUREAU OF RECLAMATION
Lower Colorado Region
Yuma Area Office
7301 Calle Agua Salada
Yuma, AZ 85364
JUL 2 9 2016
— RETURN RECEIPT REQUESTED (70142120000185144260)
Mr. Frank J. Spevacek
City Manager
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Subject: City of La Quinta — Executed Mitigation Implementation Agreement (Agreement) for Coral
Canyon Project and Related Public Roadway and Multi -Purpose Trail, Tentative Tract
No. 33444 — Bureau of Reclamation Contract and Grant of Easement No. 06-07-34-L1502
(Contract) — Boulder Canyon Project, All-American Canal System, Coachella Division,
California
Dear Mr. Spevacek:
Enclosed for your files is a fully executed duplicate original of the subject Agreement. The Agreement,
which provides for mitigation measures recommended by the U.S. Fish and Wildlife Service for the
endangered Peninsular Bighorn Sheep, will be included as Exhibit C of the subject Contract.
If you have any questions, please contact Ms. Cindy Flores, Water and Lands Contracts Group Manager,
at telephone No. 928-343-8261 or by email to cflores@usbr.gov.
Fot Chris. M. Walli,^, Chief
Resa.unc 1anagemei t Office
Enclosure
cc: Ms. Chris Bogan
Senior Right -of -Way Specialist
Coachella Valley Water District
P.O. Box 1058
Coachella, CA 92236
(w/copy of encl)
Continued on next page.
cc: Continued from previous page.
Mr. Tim Jonasson
Director, Public Works
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
(w/copy of encl)
Ms. Jenness McBride
Chief, Coachella and Imperial Valleys
Division
U.S. Fish and Wildlife Service
Palm Springs Fish and Wildlife Office
777 East Tahquitz Canyon Way, Suite 208
Palm Springs, CA 92262
(w/Duplicate Original)
2
Mr. J. Peter Ministrelli
c/o Mr. Dan Carlson
Schifman and Carlson P.C.
34705 Twelve Mile Road, Suite 160
Farmington Hills, MI 48331
(w/Duplicate Original)
Mr. Thomas R. Cullinan
Senior Vice President, Chief Operations Officer
Lowe Destination Development - Desert
74-001 Reserve Drive
Indian Wells, CA 92210
(w/copy of encl)
DUPLICATE
ORIG 'NAL
Exhibit C
Contract No. 06-07-34-L1502
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
LOWER COLORADO REGION
YUMA AREA OFFICE
YUMA, ARIZONA
BOULDER CANYON PROJECT,
ALL-AMERICAN CANAL SYSTEM,
COACHELLA DIVISION,
CALIFORNIA
MITIGATION IMPLEMENTATION AGREEMENT
FOR
CORAL CANYON PROJECT AND RELATED PUBLIC ROADWAY AND
MULTI-PURPOSE TRAIL
THIS MITIGATION IMPLEMENTATION AGREEMENT (Agreement), is made this
las day of ., 2016, pursuant to provisions of the Reclamation Act of June 17, 1902
(32 Stat. 388); theReektniation Project Act of August 4, 1939 (53 Stat. 1187), as amended
August 18, 1950 (64 Stat. 463); and acts amendatory thereof or supplementary thereto; and the
provisions of 43 CFR § 429, among the United States of America, acting through the Bureau of
Reclamation, hereinafter referred to as "Reclamation," represented by the officer executing this
Agreement, hereinafter referred to as the "Area Manager;" the City of La Quinta, hereinafter
referred to as the "City;" and Coral Canyon, LLC, a Delaware Limited Liability Company
hereinafter referred to as the "Developer;" individually referred to as "Party," collectively
referred to as "Parties."
WITNESSETH:
WHEREAS, Reclamation is the owner of the hereinafter described lands upon which are
located works of the United States commonly known as Dike No. 2, which is maintained by the
Coachella Valley Water District; and
WHEREAS, the U.S. Fish and Wildlife Service (Service) has jurisdiction over the
conservation, protection, restoration, enhancement, and management of fish, wildlife, native
plants, and habitat necessary for biologically sustainable populations of those species to the
extent set forth in the federal Endangered Species Act (ESA), 16 U.S.C. §§ 1531, et seq., the
Fish and Wildlife Coordination Act, 16 U.S.C. §§ 661-666c, the Fish and Wildlife Act of 1956,
16 U.S.C. §§ 742(f) et seq., and other federal laws.
2
WHEREAS, the Developer has obtained tentative approval from the City for
development of Tentative Tract No. 33444 (Coral Canyon and/or Project), Environmental
Assessment No. 2005-543; and
WHEREAS, as part of an informal consultation conducted under Section 7 of the ESA,
the Service has recommended certain mitigation measures (Mitigation Measures) for the
endangered Nelson Bighorn Sheep (Peninsular Ranges Distinct Population Segment; Peninsular
Bighorn Sheep, "PBS") (Ovis canadensis nelsoni) which have been incorporated as developer
conditions of approval into the City's approval of Tentative Tract No. 33444, Environmental
Assessment No. 2005-543; and
WHEREAS, the purpose of this Agreement is to ensure the compliance and enforcement
of the Mitigation Measures; and
WHEREAS, Reclamation and the City are anticipating execution of an easement
agreement regarding the use of certain property owned by Reclamation, including Dike No. 2.
NOW, THEREFORE, in consideration of the foregoing, the covenants and obligations
hereinafter set forth, the Parties hereby agree as follows:
1. DESCRIPTION OF MlTIC ATION MEASURES:
a. The following Mitigation Measures and the corresponding method of implementation
after each Measure have been agreed upon between Reclamation, the Service, the
City, and Developer, and are hereby imposed upon the Coral Canyon Project:
1. 12.29 acres of Desert Dry Wash Woodland (DDWW) habitat,
which were proposed for development and are located within
designated PBS critical habitat, will be excluded from the Coral
Canyon Project and set aside as part of the permanently protected
"Reserve Lands" in the Santa Rosa and San Jacinto Mountains
Conservation Area per the Coachella Valley Multiple Species
Habitat Conservation Plan (CVMSHCP).
The City and Developer will work with the Coachella Valley
Association of Governments (CVAG) or Coachella Valley
Conservation Commission (CVCC), as appropriate, to prepare and
record a conservation easement consistent with California Civil
Code Section 815 et seq. in order to dedicate the 209 acres (which
also includes the 12.29 acres of DDWW) to the CVMSHCP
Reserve System. A model conservation easement for use under the
CVMSHCP has been reviewed and approved by the Service and
California Department of Fish and Wildlife (CDFW) (see
Attachment A); if the operative language is not modified, further
Exhibit C
Contract No. 06-07-34-L1502
3
review and approval by the Service and CVCC, and their legal
counsel, will not be required. CDFW will require a final review of
the conservation easement. Once the conservation easement is
recorded, a copy will be provided to both Reclamation and the
Service. The easement shall be recorded prior to commencement
of grading/construction activities associated with the Project.
2. Approximately 209 acres of the total Project area will be placed in
permanent conservation in the CVMSHCP through a conservation
easement (per the California Civil Code Section 815 et seq.). This
will be done prior to commencement of grading/construction
activities on the eastern portion of the 317 acre holding that is
proposed for development.
See the mechanism described in item No. 1 above.
3. In the event that PBS are found to be attracted to the residential
site, a four -person committee shall be formed, consisting of a
representative of the future Coral Canyon Homeowners
Association (HOA), a representative of the Service, a
representative of the CDFW, and the City Community
Development Director (CCDD). The purpose of the committee
shall be to assess the need for a fence to keep PBS from entering
the Project site, reduce human disturbance within PBS habitat, and
to overall discourage the unauthorized use of adjacent and nearby
preservation open spaces by users such as hikers and their pets.
The committee shall monitor PBS activity through various means,
including interviews with residents and visitors and any scientific
data available and/or funded by the HOA. At its own expense, the
HOA shall construct and maintain (long term) an 8 -foot high fence
along the property line between the Project and the hillside. Gaps
in the fence shall be 11 centimeters or less. At the request of
CDFW and the Service, temporary fencing may be required
between the time that sheep are seen on the site and the time that
permanent fencing may be required. The committee shall exist for
a period of 10 years from the date of formation, unless PBS are
documented to no longer inhabit the Santa Rosa Mountains. At the
end of 10 years, if any one member of the committee deems it
necessary, the committee shall continue until such time as it is
dissolved by a unanimous vote by all members.
The City and the Developer shall be responsible for assuring that
conservation measure No. 3 is required as part of the HOA's
Conditions, Covenants, and Restrictions (CC&R's) for TTM
Exhibit C
Contract No. 06-07-34-L1502
4
33444. The CC&Rs shall be completed with the establishment of
the HOA and prior to the initial sale of any lots/residences. Once
the CCDD is made aware of the presence of PBS within or near
the residential site, the CCDD will be responsible for coordinating
the meetings between the CDFW, the Service, and the HOA
representative. A copy of the CC&Rs shall be provided to both
Reclamation and the Service for their files.
4. No exotic plants known to be toxic to PBS, or invasive in desert
environments, will be used in Project landscaping. As generally
described in the Recovery Plan for Bighorn Sheep in the
Peninsular Ranges, California (PBS Recovery Plan ) (October 25,
2000) (p. 218), a requirement that new landscape plans for the
Project will incorporate native and local plant materials and avoid
invasive species and toxic plants, such as oleander and ornamentals
in the nightshade (Solanaceae) family. The PBS Recovery Plan
states in pertinent part: "Landscape plants can cause sickness or
death. Only local native plants should be used along the wildland
interface. Known and potential toxic plants should not be used in
areas accessible to bighorn sheep. Ornamental plants currently
known to be toxic to sheep include oleander, Prunus species, and
plants in the nightshade (Solanaceae) family."
The Developer will be responsible for ensuring that no exotic
plants known toxic to PBS will be allowed in the Project
landscaping, and that only native plants shall be used as described
above. This measure will be validated through the TTM 33444's
master landscape plan approved by the City. In addition, native
vegetation planting requirements will adhere to CDFW's Section
1602 Streambed Alteration Agreement (see attachment B) and
referenced by the TTM 33444 EA. A copy of the landscape plan
shall be provided to both Reclamation and the Service for their
files.
5. As described in the PBS Recovery Plan (p.219), a requirement that
any artificial water features (i.e., ponds or lakes) in areas adjoining
PBS habitat shall be designed to preclude shallow, vegetated edges
that provide breeding habitat for Culicoides midges, an
invertebrate disease vector for bluetongue virus.
The Developer will be responsible for ensuring that any artificial
water features near adjoining PBS habitat will preclude shallow,
vegetated edges that provide breeding habitat for Culicoides
midges and invertebrate disease vector or bluetongue virus. This
Exhibit C
Contract No. 06-07-34-L1502
5
measure will be validated through the master landscape plan
approved by the City. A copy of the landscape plan shall be
provided to both Reclamation and the Service for their files.
2. OBLIGATIONS OF DEVELOPER:
Developer shall be responsible for the completion and full implementation of the Mitigation
Measures as previously identified in Section 1 above. The CC&Rs referenced in the Mitigation
Measures shall be subject to the approval of both the City and the Service. Prior to the issuance
of the first certificate of occupancy for the Project, Developer shall be responsible to prepare a
report demonstrating compliance with all Mitigation Measures, which report shall be provided to
the Service, Reclamation, and the City.
3. OBLIGATIONS OF CITY:
The City shall take all reasonably necessary steps, as determined by the Service, to ensure the
Developer's compliance with the Mitigation Measures and to further ensure that the Mitigation
Measures are binding upon the Coral Canyon development project. If the Developer is not in
compliance with any of the Mitigation Measures, no further permits or approvals shall be issued
by the City for the Coral Canyon development project until such time as the Developer becomes
fully compliant with the Mitigation Measures.
4. REMEDIES:
a. Default
Any material breach or violation of this Agreement shall be deemed a default under this
Agreement.
b. Notice and Op.po�°tucrit^ to Cure
On occurrence of a default by any Party hereunder, any other non -defaulting Party hereunder
may notify the defaulting Party and the other non -defaulting Parties in writing that a default has
occurred and identify the reasons therefor. The defaulting Party shall have sixty (60) days to
respond to or refute the allegation, to cure such default, or to commence to cure a default which
cannot reasonably be cured within a 60 -day time period, provided that such cure is diligently
pursued.
c. Ordinary Remedies
After notice of and time to cure a default, the non -defaulting Parties shall have all remedies
available at law or equity, including specific performance and injunction. The Parties
acknowledge that the species intended to be protected through the Mitigation Measures are
unique and that their loss as species would result in irreparable damage to the environment and
that therefore injunctive and temporary relief may be appropriate.
Exhibit C
Contract No. 06-07-34-L1502
6
5. AMENDMENTS:
This Agreement may be altered, amended, or repealed only in writing and signed by all Parties to
this Agreement.
6. NO PARTNERSHIP:
Nothing in this Agreement shall make or be deemed to make any Party to this Agreement the
agent for, or the partner of any other Party.
7. EXECUTION:
a. Further Instruments and Assurances. Each
request of the others, execute, acknowledge,
contemplated by this Agreement and shall
requested or appropriate to evidence or
Agreement.
of the Parties shall, promptly upon the
and deliver to the others any documents
take such further action as reasonably
give effect to the provisions of this
b. Duplicate Originals. This Agreement may be executed in any number of duplicate
originals. A complete original of this Agreement shall be maintained in the official
records of each Party.
c. Faxed Signatures. Any Party may deliver its signed duplicate of this Agreement to
any other Party by facsimile transmission, and such delivery shall be deemed made
and completed upon receipt of such facsimile transmission by such other Party. Any
Party delivering a signed duplicate by facsimile transmission shall promptly send the
duplicate original bearing its original signature to such other Party; provided that a
delay or failure to do so shall not negate the effectiveness of the delivery made by the
facsimile transmission.
8. NOTICES:
a. Any notices required by this Agreement shall be served by certified mail addressed to
the respective addresses given herein and the mailing of any such notice properly
enclosed, addressed, stamped and certified, shall be considered service.
b. Any notice, demand or request required or authorized by this Agreement to be given
or made to or upon Reclamation shall be deemed properly given or made if delivered
or mailed postage -prepaid, to the Area Manager, Yuma Area Office, Bureau of
Reclamation, 7301 Calle Agua Salada, Yuma, Arizona 85364.
c. Any notice, demand or request required or authorized by this Agreement to be given
or made to or upon the Service shall be deemed properly given or made if delivered
Exhibit C
Contract No. 06-07-34-L1502
7
or mailed postage -prepaid, to the Assistant Field Supervisor, Palm Springs Fish and
Wildlife Office, 777 Tahquitz Canyon Way, Suite 208, Palm Springs, California
92262.
d. Any notice, demand or request required or authorized by this Agreement to be given
or made to or upon the City shall be deemed properly given- or made if delivered or
mailed postage -prepaid, to the City Manager, City of La Quinta, 78-495 Calle
Tampico, La Quinta, California 92253.
e. Any notice, demand or request required or authorized by this Agreement to be given
or made to or upon the Developer shall be deemed properly given or made if
delivered or mailed postage -prepaid, to Coral Canyon LLC, 74-875 Highway 111,
Suite 105, Indian Wells, California 92210, Attn: Pat Hall.
f. The designation of the person to or upon whom any notice, demand or request is to be
given or made, or the address of such person may be changed at any time by notice
given in the same manner as provided in this Article for other notices.
9. SUCCESSORS AND ASSIGNS:
This Agreement shall be binding upon and inure to the benefit of the successors and assigns of
the Parties hereto; provided, however, that no assignment or transfer of any of the rights of the
City hereunder shall be made without the prior written consent of Reclamation.
10. SEVERABILITY:
Each provision of this Agreement shall be interpreted in such a manner as to be valid under
applicable law, but if any provision of this Agreement shall be deemed or determined by
competent authority to be invalid or prohibited hereunder, such provision shall be ineffective and
void only to the extent of such invalidity or prohibition, but shall not be deemed ineffective or
invalid as to the remainder of such provision or any other remaining provisions, or of the
Agreement as a whole.
Exhibit C
Contract No. 06-07-34-L1502
Hi WITNESS WHEREOF, the Parties hereto have signed their names to this
AGREEMENT which shall become effective the day and year first above written.
Approved as to Form.
City Attorney
City of La Quinta
ATTEST:
Susan Maysels, City Cle
City of La Quinta
Exhibit C
Contract No. 06-07-34-1,1502
THE UNITED STATES OF AMERICA
By:
Aren Manager
Yurna Area Office
Lower Colorado, Region
Bureau of Reciain,ation
8
Title: FRANK J.
City of La A
THE UNITED ST TE • r A IUCA
FISH AND W
Reviewed 13y:
Name: Kennon A. C
Title: Assistant Field Supervisor
palm Springs Fish and Wildlife Office
Attachment A
CONSERVATION EASEMENT
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Coachella Valley Conservation Commission
73-710 Fred Waring Drive, Suite 200
Palm Desert, CA 92260
Space Above Line for Recorder's Use Only
CONSERVATION EASEMENT DEED
THIS CONSERVATION EASEMENT DEED is made this day of
20 , by _.._.._.._.._.._.._..__.._.._.._.._.._.._.._..__________..........................................� .... ("Grantor"), in favor of
the COACHELLA VALLEY CONSERVATION COMMISSION, a California Joint Powers
Authority, ("Grantee,") with reference to the following facts:
RECITALS
A. Grantor is the sole owner in fee simple of certain real property consisting of
approximately acres in the [name of city,] [unincorporated area of] County of Riverside,
State of California, and more particularly described in Exhibit "A" attached hereto and
incorporated herein by this reference (the "Property"). An approximately acre portion of
the Property is more particularly described in Exhibit B attached hereto and incorporated herein
by reference (the "Easement Property"); [Note: depending on the parcel, it may also be
necessary to reference a tract map, parcel map, etc. in this section;]
B. The Easement Property possesses wildlife and habitat values (collectively,
"conservation values") of great importance to Grantee, the people of the State of California, and
the people of the United States;
C. The Easement Property provides potential habitat for the [list species with
common and scientific names;] and contains natural communities including [list names; also list
sand transport areas and/or wildlife linkages, as applicable];
D. The California Department of Fish and Game ("CDFG") has jurisdiction,
pursuant to California Fish and Game Code section 1802 and other laws, over the conservation,
protection, and management of fish, wildlife, native plants, and the habitat necessary for
biologically sustainable populations of those species;
E. The United States Fish & Wildlife Service ("USFWS") has jurisdiction over the
conservation, protection, restoration, enhancement, and management of fish, wildlife, native
plants, and habitat necessary for biologically sustainable populations of those species to the
Page 1
Model Easement February 23, 2010
Attachment A
extent set forth in the Federal Endangered Species Act, 16 U.S.C. sections 1531, et seq., and
other federal laws;
F. The Coachella Valley Conservation Commission ("CVCC") is a California joint
powers authority pursuant to Government Code sections 6500-6511 created to implement the
Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation
Plan ("MSHCP") and is a governmental agency qualified to hold conservation easements
pursuant to Civil Code section 815.3;
G. This Conservation Easement provides mitigation for certain impacts of a
[describe project type if applicable; e.g. residential development project]; in [the city of
or in the unincorporated area of] County of Riverside, State of California, pursuant to
the California Natural Community Conservation Planning Act Permit 2035-2008-001-06 dated
September 9, 2008, issued by CDFG under the authority of California Fish and Game Code
sections 2800 et seq. ("NCCP Permit"), and Permit No TE104604-0 dated October 1, 2008,
issued by USFWS under the authority of section 10(a)(1)(B) and section 10(a)(2) of the
Endangered Species Act of 1973 as amended (FESA) ("Section 10(a) Permit"), and the
corresponding MSHCP dated September 2007 and Implementing Agreement, as same may be
amended from time to time. The Section 10(a) Permit, the NCCP Permit, the Implementing
Agreement, and the MSHCP, and any amendments thereto, are all incorporated herein by this
reference. Information regarding these documents may be obtained from USFWS and CDFG, for
each respective permit, and from CVCC regarding the Implementing Agreement and the
MSHCP. Contact information for USFWS, CDFG, and CVCC is provided in the Notices section
of this Conservation Easement Deed.
COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS
In consideration of the above recitals and mutual covenants, terms, conditions, and restrictions
contained herein, and pursuant to United States and California law, including Civil Code sections
815, et seq., Grantor hereby voluntarily grants and conveys to Grantee a Conservation Easement
in perpetuity over the Easement Property.
1. Purpose. The purpose of this Conservation Easement is to ensure the Easement Property
will be retained forever in a natural condition and to prevent any use of the Easement Property
that will impair or interfere with the conservation values of the Easement Property. Grantor
intends that this Conservation Easement will confine the use of the Easement Property to such
activities, including, without limitation, those involving the preservation and enhancement of
native species, their habitat, and natural communities, in a manner consistent with the habitat
conservation purposes of this Conservation Easement.
1.1 The term "natural condition," as referenced in the preceding paragraph and other
portions of this Conservation Easement Deed, shall mean the condition of the Easement
Property, as it exists at the time this Conservation Easement Deed is executed, as well as future
enhancements or changes to the Easement Property that occur directly as a result of in -perpetuity
Page 2
Model Easement February 23, 2010
Attachment A
maintenance and management obligations that occur on the Easement Property as described
herein.
1.2 Grantor certifies to Grantee that to Grantor's actual knowledge there are no
structures or improvements existing on the Easement Property at the time this Deed is executed.
Grantor further certifies to Grantee that to Grantor's actual knowledge there are no previously
granted easements existing on the Easement Property that interfere or conflict with the purpose
of this Conservation Easement.
1.3 Grantee's acceptance of this Conservation Easement is expressly conditioned on
the receipt from Grantor, prior to recordation, of either (a) a baseline report on the condition of
the Easement Property in a form acceptable to Grantee or (b) payment of the sum necessary to
reimburse Grantee for the cost of obtaining a baseline report as quoted by a contractor approved
by Grantee. The baseline report shall be deemed evidence of the natural condition of the
Easement Property at the time of the grant of the Conservation Easement. Exhibits to the
baseline report shall include (a) an aerial photograph(s) of the Easement Property at an
appropriate scale taken as close in time as possible to the date this Conservation Easement is
executed; (b) an overlay of the boundaries of the Easement Property on such aerial
photograph(s); and (c) on-site color photographs showing the major, distinct natural features of
the Easement Property.
2. Grantee's Rights. To accomplish the purposes of this Conservation Easement, Grantor
hereby grants and conveys to Grantee, and to USFWS and CDFG as third party beneficiaries
hereof, or their respective designee(s), all mineral, air, and water rights necessary to protect and
to sustain the biological resources of the Easement Property, and all present and future
development rights, as well as all of the following rights:
(a) To preserve and protect the conservation values of the Easement Property;
(b) To enter upon the Easement Property at reasonable times in order to
monitor Grantor's compliance with and to otherwise enforce the terms of this Conservation
Easement, and for scientific research and interpretive purposes by Grantee or its designees,
provided that Grantee shall not unreasonably interfere with Grantor's authorized use and quiet
enjoyment of the Property;
(c) To enter upon the Easement Property at reasonable times to carry out
management and monitoring consistent with the conservation goals, monitoring program, and
management plans for the MSHCP;
(d) To prevent any activity on or use of the Easement Property that is
inconsistent with the purposes of this Conservation Easement and to require the restoration of
such areas or features of the Easement Property that may be damaged by any act, failure to act,
or any use that is inconsistent with the purposes of this Conservation Easement; and
(e) To enforce, by any means, including without limitation, injunctive relief,
the terms and conditions of this Conservation Easement.
Page 3
Model Easement February 23, 2010
Attachment A
3. Prohibited Uses. Any activity on or use of the Easement Property inconsistent with the
purposes of this Conservation Easement is prohibited, except as allowed by Grantor and Grantee
pursuant to an express written approval. Without limiting the generality of the foregoing, the
following uses by Grantor, Grantor's agents, and third parties, are expressly prohibited:
(a) The application of water; the use of fertilizers, pesticides, biocides,
herbicides or any agricultural chemical; incompatible fire protection activities; and any and all
other activities and uses which may adversely affect the purposes of this Conservation Easement;
(b) Use of off-road vehicles and use of any other motorized vehicles except on
existing roadways;
(c) Grazing or other agricultural activity of any kind;
(d) Recreational activities except as may be expressly authorized in writing by
both Grantor and Grantee;
(e) Residential, commercial or industrial uses;
(f) [After recordation of the final map for Tract �ITITITITITITITITIT„� [Any/any]
further legal or de facto division, subdivision or partitioning of the Easement Property;
(g) Construction, reconstruction or placement of any building, billboard or
sign, or any other structure or improvement of any kind;
(h) Dumping, depositing or accumulation of soil, trash, ashes, refuse, waste,
biosolids or any other materials;
(i) Planting, introduction or dispersal of non-native or invasive plant or
animal species, except as otherwise approved by Grantee;
(j) Filling, dumping, excavating, draining, dredging, mining, drilling,
removing or exploring for or extraction of minerals, loam, soil, sands, gravel, rocks or other
material on or below the surface of the Easement Property, except as necessary to conduct
authorized natural or cultural resources research or preservation in consultation with Native
American Tribes, State Historic Preservation Office, and other entities/agencies as required by
state or federal law;
(k) Altering the surface or general topography of the Easement Property,
including building of roads except as necessary to conduct authorized natural or cultural
resources research or preservation in consultation with Native American Tribes, State Historic
Preservation Office, and other entities/agencies as required by state or federal law;
(1) Removing, destroying, or cutting of trees, shrubs or other vegetation,
except as required by law for fire breaks, maintenance of existing foot trails or roads, or
prevention or treatment of disease;
Page 4
Model Easement February 23, 2010
Attachment A
(m) Manipulating, impounding or altering any natural water course, body of
water or water circulation or underground water table on the Easement Property, and activities or
uses detrimental to water quality, including but not limited to, degradation or pollution of any
surface or subsurface waters;
(n) Shining artificial light into the Easement Property. Artificial lighting on
the Property shall be shielded to prevent spillover of light into the Easement Property;
(o) Any activities prohibited under the MSHCP; and
(p) Without the prior written consent of Grantee, which Grantee may withhold,
transferring, encumbering, selling, leasing, or otherwise separating the mineral, air or water rights for
the Easement Property; changing the place or purpose of use of the above and below ground water
rights; abandoning or allowing the abandonment of, by action or inaction, any water or water rights,
ditch or ditch rights, spring rights, reservoir or storage rights, wells, ground water rights, or other
rights in and to the use of water historically used on or otherwise appurtenant to the Easement
Property.
4. Grantor's Duties. To accomplish the purposes of this Conservation Easement, Grantor,
its successors and assigns shall:
(a) Undertake all reasonable actions to prevent the unlawful entry and trespass
by persons whose activities may degrade or harm the conservation values of the Easement
Property;
(b) Undertake all necessary actions to perfect and defend the rights of the
Grantee and third party beneficiaries identified in section 2 hereunder;
(c) Comply with the terms of this Conservation Easement and cooperate with
Grantee in the protection of the conservation values;
(d) Pursuant to the requirements set out herein, repair and restore damage to
the Conservation Easement directly or indirectly caused by Grantor, Grantor's guests,
representatives, employees or agents, and third parties within Grantor's control; provided,
however, Grantor, its successors or assigns shall not engage in any repair or restoration work on
the Easement Property without first consulting with Grantee; and
(e) Obtain any applicable governmental permits and approvals for any activity
or use permitted by this Conservation Easement and conducted by Grantor, and any such activity
or use shall be undertaken in accordance with all applicable federal, state, local and
administrative agency statutes, ordinances, rules, regulations, orders or requirements.
5. Reserved Rights. Grantor reserves to itself, and to its personal representatives, heirs,
successors, and assigns, all rights accruing from its ownership of the Easement Property,
including the right to engage in or to permit or invite others to engage in all uses of the Easement
Property that are consistent with the purposes of this Conservation Easement.
Page 5
Model Easement February 23, 2010
Attachment A
6. Grantee's Remedies. USFWS and CDFG, as third -party beneficiaries under this
Conservation Easement, shall have the same rights as Grantee under this section to enforce the terms
of this Conservation Easement. If Grantee determines that Grantor is in violation of the terms of
this Conservation Easement or that a violation is threatened, Grantee shall give written notice to
Grantor, CDFG, and USFWS of such violation and demand in writing the cure of such violation.
If Grantor fails to cure the violation within thirty (30) days after receipt of written notice and
demand from Grantee, or if the cure reasonably requires more than thirty (30) days to complete
and Grantor fails to begin the cure within the 30 -day period or fails to continue diligently to
complete the cure, Grantee may bring an action at law or in equity in a court of competent
jurisdiction to enforce compliance by Grantor with the terms of this Conservation Easement, to
recover any damages to which Grantee may be entitled for violation by Grantor of the terms of
this Conservation Easement or for any injury to the conservation values of the Easement
Property, to enjoin the violation, ex parte as necessary, by temporary or permanent injunction
without the necessity of proving either actual damages or the inadequacy of otherwise available
legal remedies, or for other equitable relief, including, but not limited to, the restoration of the
Easement Property to the condition in which it existed prior to any such violation or injury. Prior
to implementation of any remedial or restorative actions, Grantor shall consult with Grantee.
Without limiting Grantor's liability therefor, Grantee may apply any damages recovered to the
cost of undertaking any corrective action on the Easement Property.
If Grantee, in its sole discretion, determines that circumstances require immediate action to
prevent or mitigate damage to the conservation values of the Easement Property, Grantee may
pursue its remedies under this section without prior notice to Grantor or without waiting for the
period provided for cure to expire. Grantee's rights under this section apply equally to actual or
threatened violations of the terms of this Conservation Easement Deed. Grantor agrees that
Grantee's remedies at law for any violation of the terms of this Conservation Easement Deed are
inadequate and that Grantee shall be entitled to the injunctive relief described in this section,
both prohibitive and mandatory, in addition to such other relief to which Grantee may be
entitled, including specific performance of the terms of this Conservation Easement Deed,
without the necessity of proving either actual damages or the inadequacy of otherwise available
legal remedies. Grantee's remedies described in this section shall be cumulative and shall be in
addition to all remedies now or hereafter existing at law or in equity, including but not limited to,
the remedies set forth in Civil Code sections 815, et seq., inclusive. The failure of Grantee to
discover a violation or to take immediate legal action shall not bar Grantee from taking such
action at a later time.
If at any time in the future Grantor, Grantee, or any successor in interest uses or threatens to use
the Easement Property for purposes inconsistent with this Conservation Easement, or Grantee or
any successor in interest releases or abandons this Conservation Easement in whole or in part,
then, notwithstanding Civil Code section 815.7, the California Attorney General, USFWS, or any
entity or individual with a justifiable interest in the preservation of this Conservation Easement
has standing as interested parties in any proceeding affecting this Conservation Easement.
6.1 Costs of Enforcement. Any costs incurred by Grantee, where Grantee is the
prevailing party, in enforcing the terms of this Conservation Easement against Grantor,
including, but not limited to, costs of suit and attorneys' and experts' fees, and any costs of
Page 6
Model Easement February 23, 2010
Attachment A
restoration necessitated by Grantor's negligence or breach of this Conservation Easement shall be
borne by Grantor.
6.2 Grantee's Discretion. Enforcement of the terms of this Conservation Easement
Deed by Grantee shall be at the discretion of Grantee, and any forbearance by Grantee to
exercise its rights under this Conservation Easement Deed in the event of any breach of any term
of this Conservation Easement Deed by Grantor shall not be deemed or construed to be a waiver
by Grantee of such term or of any subsequent breach of the same or any other term of this
Conservation Easement Deed or of any of Grantee's rights under this Conservation Easement
Deed. No delay or omission by Grantee in the exercise of any right or remedy upon any breach
by Grantor shall impair such right or remedy or be construed as a waiver.
6.3 Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement
Deed shall be construed to entitle Grantee to bring any action against Grantor for any injury to or
change in the Easement Property resulting from: (a) any natural cause beyond Grantor's control,
including, without limitation, fire not caused by Grantor, flood, storm, and earth movement, or
any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate
significant injury to the Easement Property resulting from such causes; or (b) acts by Grantee or
its employees, directors, officers, agents, contractors, or representatives.
6.4 CDFG and USFWS Right of Enforcement. All rights and remedies conveyed to
Grantee under this Conservation Easement Deed shall extend to and are enforceable by CDFG
and USFWS. These rights are in addition to, and do not limit, the rights of enforcement under
any other applicable permit, agreement or authority, including, but not limited to, the rights of
enforcement under the NCCP and Section 10(a) Permits.
7. Access. This Conservation Easement does not convey a general right of access to the
public.
8. Costs and Liabilities. Grantor retains all responsibilities and shall bear all costs and
liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the
Easement Property. Grantor agrees that Grantee shall have no duty or responsibility for the
operation or maintenance of the Easement Property, the monitoring of hazardous conditions
thereon, or the protection of Grantor, the public or any third parties from risks relating to
conditions on the Easement Property.
8.1 Taxes; No Liens. Grantor shall pay before delinquency all taxes, assessments,
fees, and charges of whatever description levied on or assessed against the Easement Property by
competent authority (collectively "taxes"), including any taxes imposed upon, or incurred as a
result of, this Conservation Easement, and shall furnish Grantee with satisfactory evidence of
payment upon request. Grantor shall keep Grantee's interest in the Easement Property free from
any liens, including those arising out of any obligations incurred by Grantor or any labor or
materials furnished or alleged to have been furnished to or for Grantor at or for use on the
Easement Property.
8.2 Hold Harmless. Grantor shall hold harmless, protect and indemnify Grantee,
USFWS and CDFG, and their respective directors, officers, employees, agents, contractors,
Page 7
Model Easement February 23, 2010
Attachment A
volunteers, and representatives and the heirs, personal representatives, successors and assigns of
each of them (each an "Indemnified Party" and, collectively, "Indemnified Parties,") from and
against any and all liabilities, penalties, costs, losses, damages, expenses (including, without
limitation, reasonable attorneys' fees and experts' fees), causes of action, claims, demands,
orders, liens or judgments (each a "Claim" and, collectively, "Claims"), arising from or in any
way connected with (a) injury to or the death of any person, or physical damage to any property,
resulting from any act, omission, condition, or other matter related to or occurring on or about
the Easement Property, regardless of cause, unless due solely to the negligence of the party to be
indemnified; (b) Grantor's obligations hereunder, including but not limited to the obligations
specified in the (sub)sections above entitled "Grantor's Duties," "Costs and Liabilities," and
"Taxes; No Liens"; and (c) the existence or administration of this Conservation Easement. If any
action or proceeding is brought against any of the Indemnified Parties by reason of any such
Claim, Grantor shall, at the election of and upon written notice from Grantee, defend such action
or proceeding by counsel reasonably acceptable to the Indemnified Party or reimburse Grantee
for all charges incurred in defending the action or proceeding.
8.3. Extinguishment. If circumstances arise in the future that render the purposes of this
Conservation Easement impossible to accomplish, this Conservation Easement can only be
terminated or extinguished, in whole or in part, by judicial proceedings in a court of competent
jurisdiction.
8.4 Condemnation. The purposes of the Conservation Easement are presumed to be
the best and most necessary public use as defined at Code of Civil Procedure section 1240.680,
notwithstanding Code of Civil Procedure sections 1240.690 and 1240.700.
9. Assignment by Grantee. This Conservation Easement is transferable, but Grantee or any
successor in interest shall give Grantor, USFWS, and CDFG, at least thirty (30) days prior
written notice of the transfer. Grantee or any successor in interest may assign its rights and
obligations under this Conservation Easement in favor of an entity or organization authorized to
acquire and hold conservation easements pursuant to Civil Code section 815.3 and reasonably
acceptable to the USFWS and CDFG. Grantee or any successor in interest shall require the
assignee to agree in writing that the conservation purposes that this Deed is intended to advance
shall continue to be fulfilled by such assignee in accordance with the terms of this Conservation
Easement Deed, the NCCP Permit and the Section 10(a) Permit, and shall require the assignee to
record the assignment in the county where the Easement Property is located. The failure of
Grantee to perform any act provided in this section shall not impair the validity of this Conservation
Easement or limit its enforcement in any way.
10. Release or Abandonment. Grantee or any successor in interest shall not release, modify,
relinquish or abandon its rights and obligations under this Conservation Easement without the
prior written consent of USFWS and CDFG.
11. Subsequent Transfers. Grantor agrees to incorporate the terms of this Conservation
Easement Deed in any deed or other legal instrument by which Grantor divests itself of any
interest in all or any portion of the Property, including, without limitation, a leasehold interest.
Grantor further agrees to give written notice to Grantee, USFWS and CDFG of the intent to
transfer any interest in the Easement Property at least thirty (30) days prior to the date of such
Page 8
Model Easement February 23, 2010
Attachment A
transfer. Grantee, USFWS and CDFG shall have the right to prevent subsequent transfers in
which prospective subsequent claimants or transferees are not given notice of the covenants,
terms, conditions and restrictions of this Conservation Easement Deed. The failure of Grantor or
Grantee to perform any act provided in this section shall not impair the validity of this
Conservation Easement Deed or limit its enforceability in any way.
12. Notices. Any notice, demuncl, request, consent, approval, or communication ihat Grantor
or Grantee desires or is required, to give to the other shaU be in writing, with a copy to the USFWS
and CDFG, and be served personally or sent by recognized overnight courier that guarantees
next -day delivery or by first class mail, postage fully prepaid, addressed as follows:
To Grantor:
To Grantee:
Coachella Valley Conservation Commission
73-710 Fred Waring Drive, Suite 200
Palm Desert, California 92260
With a copy:
To CDFG:
Department of Fish and Game
Office of the General Counsel
1416 Ninth Street, 12th Floor
Sacramento, California 95814-2090
Attn: General Counsel
To USFWS:
U.S. Fish and Wildlife Service
Attn: Field Supervisor
6010 Hidden Valley Road, Suite 101
Carlsbad, CA 92011
or to such other address as either party shall designate by written notice to the other. Notice shall
be deemed effective upon delivery in the case of personal delivery or delivery by overnight
courier or, in the case of delivery by first class mail, five (5) days after deposit into the United
States mail. The parties agree to accept facsimile signed documents and agree to rely upon such
documents as if they bore original signatures. Each party agrees to provide to the other parties,
within seventy-two (72) hours after transmission of such a facsimile, the original documents that
bear the original signatures.
Page 9
Model Easement February 23, 2010
Attachment A
13. Amendment. This Conservation Easement Deed may be amended by Grantor and
Grantee only by mutual written agreement, with the written approval of the USFWS and CDFG
(which approval shall not be unreasonably withheld or delayed). Any such amendment shall be
consistent with the purposes of this Conservation Easement and shall not affect its perpetual
duration. Any such amendment shall be recorded in the official records of Riverside County,
State of California.
14. No Hazardous Materials Liability. Grantor represents and warrants that it has no
knowledge of any release, threatened release, storage or disposal of Hazardous Materials
(defined below) in, on, under, about or affecting the Easement Property.
14.1 Without limiting any other indemnification obligations set out hereinabove,
Grantor agrees to indemnify, protect and hold harmless the Indemnified Parties (as defined
hereinabove) against any and all Claims (as defined hereinabove) arising from or connected with
any Hazardous Materials present, alleged to be present, or otherwise associated with the
Easement Property at any time, except any Hazardous Materials placed, disposed or released by
Grantee, its employees or agents. This release and indemnification includes, without limitation,
Claims for injury to or death of any person or physical damage to any property; and the violation or
alleged violation of, or other failure to comply with, any Environmental Laws (defined below). If
any action or proceeding is brought against any of the Indemnified Parties by reason of any such
Claim, Grantor shall, at the election of and upon written notice from Grantee, defend such action
or proceeding by counsel reasonably acceptable to the Indemnified Party or reimburse Grantee
for all charges incurred in defending the action or proceeding.
14.2 Despite any contrary provision of this Conservation Easement Deed, the parties
do not intend this Conservation Easement to be, and this Conservation Easement shall not be,
construed such that it creates in or gives to Grantee any of the following:
(a) The obligations or liabilities of an "owner" or "operator," as those terms
are defined and used in Environmental Laws (defined below), including, without limitation, the
Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended
(42 U.S.C. sections 9601, et seq.; hereinafter, "CERCLA"); or
(b) The obligations or liabilities of a person described in 42 U.S.C. section
9607(a)(3) or (4); or
(c) The obligations of a responsible person under any applicable
Environmental Laws; or
(d) The right to investigate and remediate any Hazardous Materials associated
with the Easement Property; or
(e) Any control over Grantor's ability to investigate, remove, remediate or
otherwise clean up any Hazardous Materials associated with the Easement Property.
14.3 The term "Hazardous Materials" includes, without limitation, (a) material that is
flammable, explosive or radioactive; (b) petroleum products, including by-products and fractions
thereof; and (c) hazardous materials, hazardous wastes, hazardous or toxic substances, or related
Page 10
Model Easement February 23, 2010
Attachment A
materials defined in CERCLA; the Resource Conservation and Recovery Act of 1976 (42 U.S.C. §
6901, et seq .); the Hazardous Materials Transportation Safety and Security Reauthorization Act
of 2005 (49 U.S.C. sections 5101, et seq.); the Hazardous Materials Transportation Act (49
U.S.C. sections 6901 et seq.); the Hazardous Waste Control Law (California Health & Safety
Code sections 25100, et seq.); the Carpenter -Presley -Tanner Hazardous Substance Account Act
(California Health & Safety Code section 25300, et seq.); and in the regulations adopted and
publications promulgated pursuant to them, or any other applicable federal, state or local laws,
ordinances, rules, regulations or orders now in effect or enacted after the date of this
Conservation Easement Deed. The term "Environmental Laws" includes, without limitation, any
federal, state, local or administrative agency statute, ordinance, rule, regulation, order or
requirement relating to pollution, protection of human health or safety, the environment or
Hazardous Materials.
14.4 Grantor represents, warrants and covenants to Grantee that Grantor's activities
(including those of its agents, employees, invitees and contractors) upon and use of the Easement
Property will comply with all Environmental Laws.
15. General Provisions.
15.1 Controlling Law. The interpretation and performance of this Conservation
Easement Deed shall be governed by the laws of the State of California, disregarding the
conflicts of law principles of such state, and by applicable federal law (including the FESA).
15.2 Liberal Construction. Any general rule of construction to the contrary
notwithstanding, this Conservation Easement Deed shall be liberally construed to affect the
purposes of this Conservation Easement and the policy and purpose of Civil Code sections 815,
et seq. If any provision in this instrument is found to be ambiguous, an interpretation consistent
with the purposes of this Conservation Easement that would render the provision valid shall be
favored over any interpretation that would render it invalid.
15.3 Severability. If a court of competent jurisdiction voids or invalidates on its face
any provision of this Conservation Easement Deed, such action shall not affect the remainder of
this Conservation Easement Deed. If a court of competent jurisdiction voids or invalidates the
application of any provision of this Conservation Easement Deed to a person or circumstance,
such action shall not affect the application of the provision to other persons or circumstances.
15.4 Entire Agreement. This instrument sets forth the entire agreement of the parties
with respect to the Conservation Easement and supersedes all prior discussions, negotiations,
understandings, or agreements relating to the Conservation Easement. No alteration or variation
of this instrument shall be valid or binding unless contained in a written amendment in
compliance with all provisions herein.
15.5 No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of
Grantor's title in any respect.
15.6 Successors. The covenants, terms, conditions, and restrictions of this
Conservation Easement Deed shall be binding upon, and inure to the benefit of, the parties hereto
Page 11
Model Easement February 23, 2010
Attachment A
and their respective personal representatives, heirs, successors, and assigns and shall constitute a
servitude running in perpetuity with the Easement Property.
15.7 Termination of Rights and Obligations. A party's rights and obligations under
this Conservation Easement Deed terminate upon the transfer of its interest in the Conservation
Easement or Easement Property, except that liability for acts or omissions occurring prior to
transfer shall survive transfer.
15.8 Captions. The captions in this instrument have been inserted solely for
convenience of reference and are not a part of this instrument and shall have no effect upon its
construction or interpretation.
15.9 Warranty. Grantor represents and warrants that there are no outstanding
mortgages, liens, encumbrances or other interests in the Easement Property which have not been
expressly subordinated to this Conservation Easement Deed, and that the Easement Property is
not subject to any other conservation easement or interest that is adverse to this Conservation
Easement.
15.10 Additional Easements. Grantor shall not grant any additional easements, rights of
way or other interests in the Easement Property (other than a security interest that is subordinate
to this Conservation Easement Deed), or grant or otherwise abandon or relinquish any water
agreement relating to the Easement Property, without first obtaining the written consent of
Grantee, USFWS and CDFG. Grantee, USFWS and CDFG may withhold such consent if it
determines that the proposed interest or transfer is inconsistent with the purposes of this
Conservation Easement or will impair or interfere with the conservation values of the Easement
Property. This section shall not prohibit transfer of a fee or leasehold interest in the Easement
Property that is subject to this Conservation Easement Deed and otherwise complies with the
terms of this Deed.
15.11 Counterparts. The parties may execute this instrument in two or more
counterparts, which shall, in the aggregate, be signed by both parties. Each counterpart shall be
deemed an original instrument as against any party who has signed it. In the event of any
disparity between the counterparts produced, the recorded counterpart shall be controlling.
15.12 Recording. Grantee shall record this Conservation Easement in the Official Records
of the County in which the Property is located, and may re-record it at any time as Grantee deems
necessary to preserve its rights in this Conservation Easement.
IN WITNESS WHEREOF Grantor has executed this Conservation Easement Deed the day
and year first above written.
GRANTOR:
By:
Page 12
Model Easement February 23, 2010
-11-11„„:13:
Approved as to form:
By:
Authorized Representative
General Counsel for Grantor
GRANTEE:
Coachella Valley Conservation Commission
By:
TITLE:_
Approved as to form:
Authorized Representative
By:
Toni Eggebraaten, General Counsel
Coachella Valley Association of Governments
Approved as to form:
By:
, General Counsel
California Department of Fish & Game
Page 13
Model Easement February 23, 2010
Attachment A
Attachment A
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the foregoing Conservation
Easement Deed by
.......__.w dated
, is hereby accepted by the undersigned officer on behalf of the Grantee,
Coachella Valley Conservation Commission, pursuant to authority conferred by the Commission
on
COACHELLA VALLEY CONSERVATION COMMISSION
By:
TITLE:
DATE:
Model Easement February 23, 2010
Authorized Representative
Page 14
CONSENT CALENDAR ITEM NO. 8
City of La Qu i nta
CITY COUNCIL MEETING: March 15, 2016
STAFF REPORT
AGENDA TITLE: APPROVE A MITIGATION IMPLEMENTATION AGREEMENT WITH THE
BUREAU OF RECLAMATION AND CORAL CANYON, LLC. FOR THE CORAL CANYON PROJECT
AND RELATED PUBLIC ROADWAY AND MULTI -PURPOSE TRAIL
RECOMMENDATION
Approve a Mitigation Implementation Agreement for the Coral Canyon Project and
Related Public Roadway and Multi -Purpose Trail; and authorize the City Manager to
execute the Agreement.
EXECUTIVE SUMMARY
• The City has granted approval to Coral Canyon LLC (Developer) to develop
Tentative Tract Map No. 33444, consisting of 219 single-family homes located
southeast of the Quarry development, at the southerly terminus of Jefferson Street
(Project) (Attachment 1).
• To adequately serve the development's transportation needs, Jefferson Street
must be realigned and extended to provide the main access to the subdivision.
• This extension crosses federal lands, which triggered environmental mitigation
measures the Developer must meet for the Project to move forward.
• By entering into a Mitigation Implementation Agreement (Agreement)
(Attachment 2), the City agrees to enforce the mitigation measures upon the
Developer during construction, and upon future homeowners after the Project is
completed.
FISCAL IMPACT - None.
B3ACKGROUND/ANALYSIS
Federal permits were required for the realignment and extension of Jefferson Street,
which mandated certain mitigation measures to be imposed on the Project upon
approval. Specifically, the United States Fish and Wildlife Service recommends mitigation
measures to protect Bighorn Sheep and requires that they be memorialized through an
agreement. Below is a summary of the measures:
1) 12.29 acres of land within Bighorn Sheep critical habitat will be excluded from the
subject subdivision and set aside as open space.
2) 209 acres of the total project area will be placed in permanent conservation
through a conservation easement.
3) In the event that the sheep are attracted to the residential areas, a committee will
be formed to address the need for a fence.
4) Exotic plants known to be toxic to the Bighorn Sheep will be excluded from the
landscaping area.
5) Any artificial water features (i.e., ponds or lakes) in areas adjoining Nelson Bighorn
Sheep habitat will be designed to preclude shallow, vegetated edges.
The above mitigation measures have been incorporated as conditions of approval for
Tentative Tract Map No. 33444. The Developer will be solely responsible for their
completion and full implementation. The Developer has accepted all of these conditions.
ALTERNATIVES
The City Council may elect not to approve this agreement, which would result in this
Project not going forward. Since the Developer has agreed to all conditions of this
agreement, staff does not recommend this alternative.
Prepared by: William H. Ihrke, City Attorney
Approved by: Frank J. Spevacek, City Manager
Attachments: 1. Vicinity Map
2. Mitigation Implementation Agreement for Coral Canyon Project and
Related Public Roadway and Multi -Purpose Trail
ATTACHMENT 1
J
LA QUINTA
LAKE CAHUILLA
QUARRY
A
PROJECT
LOCATION
PCAWE T
AVE 54
AVE 58
AVE 60
AVE
VICINITY MAP
NOT TO SCALE
United States Department of the Interior
IN REPLY REFER TO:
YAO-7100
LND-6.00
FEDERAL EXPRESS
Mr. Tim Jonasson
Director
Public Works
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
BUREAU OF RECLAMATION
Lower Colorado Region
Yuma Area Office
7301 Calle Agua Salada
Yuma, AZ 85364
FEB 0 2 2106
FEB 0 4 2016
CITY OF LA QUINTA
CWW(Fraigriatrial_--)
Subject: Mitigation Implementation Agreement (Agreement) for Coral Canyon Project and Related
Public Roadway and Multi -Purpose Trail — Tentative Tract No. 33444 — Boulder Canyon
Project — All -American Canal System — Coachella Division, California
Dear Mr. Jonasson:
Enclosed is the subject Agreement for execution by the City of La Quinta. The Agreement provides
for mitigation measures recommended by the U.S. Fish and Wildlife Service for the endangered
Peninsular Bighorn Sheep.
If the terms are acceptable, please have the original and three duplicate originals of the Agreement
signed where indicated. Upon execution, please return the Agreement package to this office,
Attention: YAO-7100. Duplicate originals of the Agreement will be provided to all parties upon
execution by the Bureau of Reclamation.
If you have any questions, please contact me at 928-343-8261 or by email to cflores@usbr.gov.
Sincerely,
Cindy FI es, Mana r
Water an , nds Contr•cts Group
Enclosures
cc: See next page.
2
cc: Mr. Thomas R. Cullinan
Senior Vice President
Chief Operations Officer
Lowe Destination Development — Desert
74-001 Reserve Drive
Indian Wells, CA 92210
Ms. Jenness McBride
Chief
Coachella and Imperial Valley Division
U.S. Fish and Wildlife Service
777 East Tahquitz Canyon Way, Suite 208
Palm Springs, CA 92262
Ms. Chris Bogan
Senior Right -of -Way Specialist
Coachella Valley Water District
P.O. Box 1058
Coachella, CA 92236
(w/copy of encl to each)