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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)