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HomeMy WebLinkAboutA5526 - CALTRANS & CVAG MITIGATION AGR RE INTERCHANGE PROJECT na—a'J 7 ,C., 08-Riv-I O-PM 32.6/33.6 BVII2 ,S Mitigate Land for Interchange Project EA 45570 District Agreement No. 8-1269 MITIGATION AGREEMENT This AGREEMENT, entered into effective 011,440_LL) / 2007, is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE", and COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS, apublic entity, referred to as "CVAG," and the CITY OF PALM SPRINGS, a body politic and a municipal corporation of the State of California, referred to herein as "CITY." RECITALS I. STATE, CVAG and CITY pursuant to Streets and Highways Code section 114, are authorized to enter into a Cooperative Agreement for improvements to State Highways within Riverside County. 2. STATE, CVAG and CITY desire the reconstruction of the Indian Avenue Interchange and associated arterials in the Coachella Valley on Interstate 10 in Riverside County, referred to herein as "PROJECT." 3. STATE and CITY has determined that PROJECT will have certain direct, indirect, and cumulative effects on Federally threatened and endangered species, specifically the Coachella Valley milk-vetch(Astragulus knfiginoms var. coachellae) and Coachella Valley fringe-toed lizard (Una inornata), hereinafter referred to as "IMPACTS." 4. STATE. and CITY, in order to mitigate for IMPACTS and thereby satisfy the requirements of the United States Fish and Wildlife Service's (USFWS) Progranurratic Biological Opinion (PBO) No. 1-6-04-F-3282.4, dated September 23, 2004, and the Conservation Plan (CP), dated August 2003, for PROJECT, which by their reference are incorporated into this Agreement, must ensure that 332.5 acres of land, which is deemed essential and suitable for the long terns sustainability of the Coachella Valley milk-vetch and Coachella Valley fringe-toed lizard, is preserved and protected in perpetuity, refereed 1 District Agreement No. 5-1269 to herein as "MITIGATION REQUIREMENT," and located in the conservation areas as identified in EXHIBIT "A," MITIGATION MATRIX FOR INTERCHANGE AND ASSOCIATED ARTERIALS PROJECTS, and approved by the United States Fish and Wildlife Service (USFWS) and the California Department offish and Game (CDFG). 5. CVAG desires to assist STATE and CITY by satisfying MITIGATION REQUIREMENT. 6. STATE, CVAG and CITY mutually desire to specify herein the terns and conditions under which CVAG will satisfy MITIGATION REQUIREMENT. SECTION I CITY AGREES: 1. To authorize CVAG to assist in satisfying MITIGATION REQUIREMENT. 2. To review and approve all plans prepared by CVAG for MITIGATION REQUIREMENT. SECTION II CVAG AGREES: 1. To satisfy MITIGATION REQUIREMENT, specifically by performing any and all necessary work, including but not limited to, locating, appraising, Funding, and acquiring 332.5 acres of land which is deemed essential and suitable for the long tern sustainability of the Coachella Valley milk-vetch and Coachella Valley fringe-toed lizard. CVAG further agrees to ensure that said 332.5 acres of land is owned, operated, managed, and maintained in perpetuity for that said purpose. 2. To be fully and completely responsible for any and all requirements and/or conditions that are imposed on the 332.5 acres of laud by the CP and/or by USFWS. In the event that those requirements and/or conditions require documents be presented to USFWS and/or other resource agency, CVAG shall submit all such documents to STATE for submission by STATE to USFWS and any other appropriate resource agency as necessary. 3. To perform all work and acquire the necessary land in accordance with all policies, procedures,practices, and standards that STATE would normally follow. 4. To utilize one hundred percent (100%) of CVAG funds to satisfy MITIGATION REQUIREMENT and to hold,manage, invest and reinvest an endowment fund as a separate permanent fund, hereinafter referred to as "ENDOWMENT ACCOUNT,"with 2 District Agreement No. 8-1269 total not to exceed$1,077,000 for funding of ENDOWMENT ACCOUNT for all mitigation lands for five (5) interchanges named in the CP. If it is determined that the endowment costs exceed this amount, CVAG agrees to fund the difference through separate CVAG funds. 5. To fund and establish an ENDOWMENT ACCOUNT with CVAG funds for the long-term management, operation and maintenance of the 332.5 acres of land. 6. CVAG agrees to ensure that the income, including the interest, dividends, and capital gains from the management, investment and reinvestment (the "Income") from the ENDOWMENT ACCOUNT will be utilized for the long-term management of the properties as required to satisfy MITIGATION REQUIREMENT, 7. To retain all books, documents,papers, accounting records, and other evidence pertaining to costs incurred, including support data for cost proposals, and make such materials available at the respective offices of CVAG at all reasonable times during the contract period and for three (3) years from the date of final payment under the contract. STATE, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of CVAG that are pertinent to the contract for audits, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. SECTION III STATE AGREES: 1. To provide CVAG and CITY with a copy of the PBO and CP and any subsequent amendments or pen-nits for PROJECT that may affect STATE's and CITY's MITIGATION REQUIREMENT. 2. To submit a copy of any documents submitted by CVAG pursuant to Section TT, Article 2, to USFWS or other appropriate resource agencies as necessary. 3. To obtain written confirmation from USFWS of their acceptance of the MITIGATION REQUIREMENT and provide said notice to CVAG and CITY. SECTION IV IT IS MUTUALLY AGREED: 1. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature, State Budget Act authority, and the allocation of funds by the California Transportation Commission. 3 District Agreement No, 5-1269 2. All applicable laws, rules and policies relating to the use of Federal or State funds shall apply, notwithstanding other provisions of this Agreement. 3. That CVAG may, when the Coachella Valley Multi-Species Habitat Conservation Plan (CVMSHCP) is approved and permitted, assign certain responsibilities set forth herein this Agreement, including but not limited to the management and monitoring responsibilities, to the Coachella Valley Conservation Commission (CVCC). As such, CVAG will be obligated, as CVMSHCP Permitee and signatory to the CVMSHCP Implementation Agreement (IA) to ensure that the 332.5 acres of land is conserved in perpetuity. 4. Neither STATE, CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CVAG under or in connection with any work, authority or jurisdiction conferred upon CVAG and arising under this Agreement. It is understood and agreed that CVAG shall fully defend, indemnify and save harmless STATE, CITY and all their officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by CVAG under this Agreement. 5. Neither CITY, CVAG nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE. tmder or in cormection with any work, authority or jurisdiction con ferred upon STATE and arising under this Agreement. It is understood and agreed that STATE shall fully defend, indernify and save harmless CITY, CVAG and all their officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anytbing done or omitted to be done by STATE under this Agreement. 6. Neither STATE, CVAG nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction conferred upon CITY and arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE, CVAG and all their officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement. 7. No alteration or variation of the teens of this Agreement shall be valid unless made in a written amendment to this Agreement and signed by the parties hereto and no oral understanding or agreement incorporated herein shall be binding on any of the parties hereto. 4 District Agreement No. 8-1269 8. This A,eemmt shall terminate upon acceptance of the MITIGATION REQUIREMENT by USFWS, STATE., and CITY or on June 30, 2014, which ever is earlier in time. However, the ownership, endowment, maintenance, and indemnification clauses shall remain in effect until terminated or modified, in writing, as noted in Section III, Article 7, above. SIGNATURES ON FOLLOWING PAGE: 5 District Agreement No. 8-1269 STATE OF CALIFORNIA CITY OF PALM SPRINGS DEPARTMENT OF TRANSPORTATION WILL laMPTON Director MI AEL A. PEROVICII Distriet Director Attes . f APPROVEORYC 6f'IL Clerk APPROVED AS TO FORM AND APPROVED AS TO FORM AND PROCEDURE: PROCEDURE: LBy: By: Attorne "�U TO:CITY ttorney Department of Transportation Cf i„OF Fr" Mt SF^IhCS n7;;274S CERTIFIED AS TO FUNDS: COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS District Budget Manager By: _<�::�) Chairman, Executive Conunittee CERTIFIED AS TO FINANCIAL TERMS AND POLICIES: By:da�L��� ecutive Director n Accounting Administratdr By: X CVAG Counsel 6 District Agreement No. 8-1269 EXHIBIT "A" CDFG and USFWS agree that mitigation land maybe purchased for I-10 interchange projects and associated arterials in the CV MS1-1CP proposed Conservation Areas as indicated in the matrix below. All parties recognize that the location of a parcel need not be reviewed and approved by CDFG or USFWS if the parcel is located in any of the Conservation Areas indicated in the matrix for the given interchange and associated arterial project. All parties recognize, however, that parcels must confonn to CDFG and USFWS standards regarding clear title and land condition, e.g., parcels with liens or hazardous materials on site would not be acceptable to CDFG and USFWS. Conservation Area Where Mitigation Ma be Ace one lished IC Project Snow Highway Upper Mission Whitewarer Willow Edom Thousand Indio Easi Indio Creek/ 111/110 Mission Creeld Floodplain Hole Hill Palms Hills/Joshua Hills Windy Creek Morongo Tree National Point Wash Park Linka c Indian X X X X X X Ave. Palm/Gcne X X X X X AuLTy Date Palm X X X X X Ramon/ X X X X X Bob Hope Jefferson _ } X X 7 npprova9 Oey at Fin qW �a¢o 7 CVAG COACHE=LLA VALLEY ASSCCEATION of GOVERNMENTS Blyche - Cathedral City Coachella • Desert Hot Springs • Indian Wells • Indio • La Duinta • Palm Dc.,crt - Palm Springs - Rancho Miracle County of Riverside Ague Calientc Band of Gahuilla Indians - Cahazon Band of Mission Indians - Torres Martinez Desert Cshwlld Indians CERTIFICATION OF ACTION TAKEN AT THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS" (CVAG) EXECUTIVE COMMITTEE MEETING JULY 30, 2007 I HEREBY CERTIFY THAT THE FOLLOWING ACTION WAS TAKEN BY CVAG'S EXECUTIVE COMMITTEE AT ITS 3ULY 30, 2007 MEETING: IT WAS MOVED BY MAYOR GODFREY AND SECONDED BY MAYOR BIAS TO APPROVE THE MITIGATION AGREEMENT WITH CALTRANS FOR THE INDIAN AVENUE INTERCHANGE PROJECT AND ASSOCIATED ARTERIALS. Joa ' a tueckle, Executive Assistant 73-710 Fred Waring Drive, Suite 20C - Palm Desert, CA 92260 • (760) 346.1127 • FAX (760] 340-5949 MINUTE ORDER NO. 8072 APPROVING A MITIGATION AGREEMENT BETWEEN THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION (CALTRANS), THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG), AND THE CITY OF PALM SPRINGS, RELATED TO THE INDIAN AVENUE INTERCHANGE AND ASSOCIATED ARTERIALS; AND 2 AUTHORIZE THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS. A5526. I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that this Minute Order approving a Mitigation Agreement between the State of California, acting by and through its Department of Transportation (Caltrans), the Coachella Valley Association of Governments (CVAG), and the City of Palm Springs, related to the Indian Avenue Interchange and associated arterials, was adopted by the City Council of the City of Palm Springs, California in a meeting thereof held on the 25th day of July, 2007. James Thompson, City Clerk City of Palm Springs, California CERTIFIED COPY t certify that this is a true and correct COPY of the document on file in the Official records of the C�Palm Springs. Deputy City Clerk This certification must appear In blue with an original signature.