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HomeMy WebLinkAboutA5327 - CVAG, COUNTY AND CITY MOU RE TRANSFER OF TAKE PURSUANT TO CVMSHCP MEMORANDUM OF UNDERSTANDING BETWEEN THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS, THE COUNTY OF RIVERSIDE AND THE CITY OF PALM SPRINGS REGARDING TRANSFER OF TAKE PURSUANT TO THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN This Memorandum of Understanding is entered into between Coachella Valley Association of Government, a California 7PA ("CVAff), the County of Riverside ("County") and the City of Palm Springs, California, a Charter City ("Palm Springs"), RECITALS WHEREAS, CVAG, with the assistance and cooperation of the County and the nine cities in the Coachella Valley, has developed the Coachella Valley Multiple Species Habitat Conservation Plan ("MSHCP") to address the conservation of certain plant and animal species with the MSHCP boundaries; and WHEREAS, CVAG and County have approved, and Palm Springs has conditionally approved the MSHCP, which will protect the re;ion's biological resources, vegetation communities, and natural areas; and WHEREAS, certain property within Palm Springs, as depicted in Exhibit"A," ("Property") may require take authorization under the MSHCP. In that event, Palm Springs wishes to ensure that adequate take currently allocated to the County is transferred from Recovery Zone 2 to Recovery Zone 1, and that that take is available to Palm Springs under the MSHCP in order for development to proceed on the Property, and ItMBN OUELLETTEM 3902 1 WHEREAS, CVAG, the County and Palm Springs are entering into this memorandum of understanding to memorialize their agreement that CVAG and the County will assist in the transfer of such take between Recovery Zones and its allocation to Palm Springs for use on the i i i Property, if necessary. I i AGREEMENT THEREFORE, CVAG, the County and Palm Springs agree as follows: 1 If the Shadowrock project does not receive take authorization for the Property through Section 7 of the Federal Endangered Species Act, Palm Springs agrees to request in writing, after appropriate action by the Palm Springs City Council, a transfer of take from Recovery Zone 2 to Recovery Zone I and from the County to Palm Springs for the Property. 2. CVAG and the County agree to facilitate the transfer of up to 50 acres of take from Recovery Zone 2 to Recovery Zone 1 if needed for the development of the Property. The County further agrees to transfer that take to Palm Springs. Such transfer would occur after approval of the MSHCP by all permittees and issuance of the applicable state and federal permits. Dated: �G J ZL0P ZD� CITY OF PALM SPRINGS $yam APPROVED BY CRY COUNCIL Attest /^�S3x� ity Clerk -_- RVPUB\MOUELLE7rE\713902.1 2 Dated: { L j ` �� COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS ctrL. l Chair, Mecutive Committee Dated: COUNTY OF RIVERSIDE �°� 11 By WIRMAN, BOARD OF SUPERVISORS �> �- FORM APPROVED r rp.- COUNTYCOUNSEL \ice JUL ! 2 2006 III' RV PUB\MOUELL=E\713902 1 EXHIBIT A Shadowrock Project P� Shadowrock A4'0 Project N i I� 5 o F Jim Sullivan Coachella Valley 0 1 Miles Association of Governments June 16, 2006 DISCLAIMER: CVAG and The County of Riverside assume no warranty or legal responsibility for the information contained on Ibis map Data and information represented on this map is subject to updatesfmodifications and may not be complete or appropriate for all purposes CVAG and County GIS and other sources should be queried for the most current information. Horizontal accuracy: Parcel data is of mapping grade (quality) only and does not represent reliable locations or legal boundaries User assumes all risk of use of 9rls product Do not copy or resell this map.