HomeMy WebLinkAbout02189 - FRINGE TOED LIZARD DEP NT OF THE INTERIOR riot
3-201
U.S ND WILDLIFE SERVICE
2. AUTHORITY STATUTES
FEDERAL FISH AND WILDLIFE PERMIT 16 USC 1539(a)
REGULATIONS (Aitached)
1 PERMITTEE
County of Riverside, CA; Cities of Cathedral 50 CFR 17.32(b)
• City, CA; Coachella, CA; Desert Hot Springs,
CA; Indian Wells, CA; Indio, CA; La Quinta, CA;
Palm Desert, CA; Palm Springs, CA; Rancho 9. NUMBER
M PRT-698685
Mirage, CA
4. RENEWABLE S. MAY COPY
(3 YES ® YES
❑ NO ❑ NO
See Reverse 6. EFFECTIVE 7 EXPIRES
pr. 25, 1986 Apr.30, 2016
S. NAME AND TITLE OF PRINCIPAL OFFICER (if N1 is a business) 9. TYPE OF PERMIT '
See Reverse THREATENED SPECIES
10. LOCATION WHERE AUTHORIZED ACTIVITY MAY BE CONDUCTED Subject to the provisions of paragraph 11.E below, the
incidental taking authorized by this permit, may .occur in the historic habitat of the
Coachella Valley fringe-toed lizard=. (Uma, 'nornata) -as' defined in the Coachella Valley
Fringe-Toed Lizard Habitat Conservation an une, '=1985),,which is incorporated herein
and made a part hereof, "
11 CONDITIONS AND AUTHORIZATIONS:
A. GENERAL CONDITIONS SET OUT IN SUFARZ,D OF30 CFR 11 AND SPECIFIC CONDITIONSCONtAINED IN FEDERAL REGULATIONS CITED IN BLOCK R2 ABOVE,ARE
HEREBY MADE A PART OF THIS PERMIT:AdACTWITIES AtlTHORTZED HEREIN MUST BE CARRIED OUT IN ACCORD WITH AND FOR THE PURPOSES DESCRIBED IN THE
APPLICATION SUBMITTED CON7ISUED VALIDITY,OR-RENEWAL, EIFTHIS PERMIT IS SUBJECTTO COMPLETE AND TIMELY COMPLIANCE WITH ALL APPLICABLE
CONDITIONS, INCLUDING THE FIUNG.OF ALL REQUIRED INFORMATION AND REPORTS. '
B. THE VALIDITY OF THIS PERMIT IS A150 CONDITIONED UPON STRICT OBSERVANCE OF All APPLICABLE FOREIGN,iTATE, IOUL OR OTHER FEDERAL LAW.
C VALID FOR USE BY PERMITTEE NAMED ABOVE. ," - • -
D. Subject to the -ptm isoxis of paragraphs 10, "11.E, 11.F, and all other terms and
conditions `herein,1 permittees. pamed above are authorized to incidentally take, during
the course of anloth-erwi5,e lawfUl,'activjt-y�,, Coachella Valley fringe-toed lizards
(Uma inorn'ata) . cr :: <. ,
E. This permit ,does not 'authotize any incidental taking.o€ any Coachella, Valley fringe-
toed lizard (Uma inotnata) 'in any Area of the Coach'olli Valley' Preserve, Willow Hole
Edom Hill Reserve, or itewater.','Floodplain:Resetve," as delineated in the Coachella
Valley Fringe-Toe'd Lizard YlnbYtat :Conservation Plan (June, 1985) or on any land owned
or administered,by the Vni'ted;:Siates :or any agency thereof, including but not limite
to any land owned;ar held forj ,benefit of any Native.Ameri,can.
F. The authorization granted by this•permit ,is subject to full ,'and complete compliance
with and implementation of all,provision'-of the Coachella ;Valley ,Eringe-toed Lizard
Habitat Conservation 'Plan 'QJune;:'1'985);-,'the."AgTeemenf by and between the United
States Fish and Wildlife ServicL''I06unty 'of Riverside, and 'Cities'of Desert Hot
Springs, Palm Springs;;.Ga'thedral, Gity;" Rancho Mirage, Palm Desert, Indian Wells, La
quanta, Indio and Coachelll7��y and The Nature Conservanepp .res ectingg Miti ation Fees
(April 25, 1986) ;t`and the'Tlkplementitlg,-Agreement:'for Management between U.S. Bureau
of Land Management`, ,U.S. Fisl0and Wildlife Service "Californ'ia Department of Fish and
Game and The Nature 'Conservancy (April 25," 1986) w4ich ar,eAncorporated herein and
made a part hereof.
❑ ADDITIONAL CONDITIONS AND AUTHORIZATIONS ON REVERSE ALSO APPLY
12 REPORTING REQUIREMENTS
A complete report of activities �cobducted under_authority of this permit must be
submitted to the Director, USFWS, Federal Wildlife Permit Office, 1000 N. Glebe Road,
Room 611, Arlington; Virginia'22201.
ISSUED � / TITLE DATF
Associate Director, FA a`
O.WIGINAL
Block 1 . a . Patricia Larson , Chairman f. John Burrow, Mayor
Roger S. Streeter , Planning City of Indio
Director P .O. Drawer 1788
Riverside County Indio , CA 92201
Board of Supervisors
4080 Lemon Street
Riverside , CA 92501
g. Judith Cox , Mayor
City of La Quinta
b. Keith Smith, Mayor Box 1504
Cathedral City La Quinta, CA 92253
68625 Perez Road
Cathedral City, CA 92234
h. Walt Snyder , Mayor
City of Palm Desert
c. Yoland Coba , Mayor 45-274 Prickley Lane
City of Coachella Palm Desert, CA 92260
1515 Sixth St.
Coachella, CA 92236
i. Frank Bogert , Mayor
City of Palm Springs
d. Carl R. Yoder , Mayor P.O. Box 1785
City of Desert Hot Springs Palm Springs, CA 92262
11711 West Drive
Desert Hot Springs, CA 92240
j. Robert Craig , Mayor
City of Rancho Mirage
e. Richard Oliphant, Mayor 69-825 Highway 111
City of Indian Wells Rancho Mirage, CA 92270
45300 Club Drive
Indian Wells, CA 92260
Block 8 . Same as Block 1 .
AGREEMENT
This Agreement is made and entered into this 21st day of
April , 1986 by and between THE UNITED STATES FISH
& WILDLIFE SERVICE ( "FWS" ) , THE COUNTY OF RIVERSIDE, a political
subdivision of the State of California, ( "County" ) , THE CITIES OF
DESERT HOT SPRINGS, PALM SPRINGS, CATHEDRAL CITY, RANCHO MIRAGE,
PALM DESERT, INDIAN WELLS, LA QUINTA, INDIO and COACHELLA, all
Municipal corporations of the State of California, ( "Cities" ) ,
and THE NATURE CONSERVANCY, a District of Columbia non-profit
corporation, ( "TNC" ) .
FOR AND IN CONSIDERATION of the mutual covenants and
agreements contained herein, the parties do hereby agree as
follows :
I . RECITALS.
A. The Coachella Valley Fringe-Toed Lizard ( "CVFTL" ) ,
has been designated a "threatened" species by the United States
government under the authority of the Endangered Species Act, 16
U.S.C. 1531 et . seq. , as amended ( "ESA" ) . The historical range
of the CVFTL includes lands within the jurisdiction of the County
and the Cities.
B. The Coachella Valley Fringe-Toed Lizard Habitat
Conservation Plan ( "HCP" ) describes a cooperative federal and
local program of conservation for the CVFTL. The plan is a
product of lengthy study and represents coordination of private
development and conservation interests with federal , state and
i
local government . The plan was drafted by the CVFTL Steering
Committee. The Steering Committee consists of representatives
from the County and the Cities, Coachella Valley Water District,
California Department of Fish and Game ( "CDFG" ) , FWS, Bureau of
Land Management ( "BLM" ) , the Agua Caliente Band of Cahuilla
Indians, local development interests, conservation groups, TNC
and scientists .
C. The HCP establishes the conditions under which the
County and the Cities are seeking a Permit to allow taking of
CVFTL incidental to development and other land uses in a portion
of the Coachella Valley. The Permit being sought would be issued
by the United States Department of the Interior under Section
10 (a) of the ESA. It is proposed that the Permit be issued for a
term of thirty ( 30 ) years .
D. The HCP is attached hereto, marked Exhibit "A" and
by this reference made a part hereof .
E. The purpose of this contract is to define the re-
spective rights and obligations of the parties hereto with re-
spect to the implementation of the HCP. Notwithstanding the fact
that the HCP constitutes a portion of this Agreement, it is
understood and agreed that many portions thereof involve parties
other than the parties hereto. Nothing contained within the HCP
shall be construed to expand the obligations of any party beyond
the specific obligations agreed to hereunder . In the event of
any conflict between the provisions of the HCP and this contract,
the provisions of the contract shall control.
-2-
MEE/071531-A
II . DEFINITIONS .
A. Terms as defined in the HCP shall have the same
meaning when utilized in this Agreement, except as specifically
noted.
III . DESIGNATION OF RESERVES AND ESTABLISHMENT OF MITIGATION FEES .
A. An integral and essential part of the HCP is the
acquisition, establishment, maintenance, management and preserva-
tion of three ( 3) reserves located within the Coachella Valley.
These reserves are designated:
( 1) The Coachella Valley Preserve ( "CVP" ) .
( 2) The Willow Hole/Edom Hill Reserve ( "WH/EHR" ) .
( 3 ) Whitewater Flood Plain Reserve ( "WFPR" ) .
B. The WH/EHR and the WFPR shall be managed by the BLM
and except as specifically noted herein, are not the subject of
this agreement.
C. The CVP as described in the HCP must be acquired by
FWS, BLM, CDFG, and TNC (collectively referred to hereinafter as
"the Owners" ) .
D. Funds to purchase the CVP shall be derived from
several sources including the State of California, the Bureau of
Land Management , the Land and Water Conservation Fund, The Nature
Conservancy as well as mitigation fees collected from persons,
firms or entities which develop or otherwise disturb any parcel
of land located within the Fee Assessment Area as defined in the
HCP.
-3-
MEE/071531-A
E. Mitigation fees are an essential funding source,
without which the CVP could not be acquired, maintained and man-
aged. Mitigation fees shall be utilized solely and exclusively
for the acquisition, maintenance and management of the CVP except
for fees collected as a result of the development of land located
within District 4 as set forth in the HCP, which funds shall be
used solely for the acquisition of the WH/EHR.
F. The parties hereby agree that a mitigation fee of
$600 . 00 per acre for land located within the Fee Assessment Area
(prorated for portions of an acre) until a total of Seven Million
Dollars ( $7 , 000 , 000 . 00 ) has been collected and thereafter a miti-
gation fee of $100 . 00 per acre for lands located within the Fee
Assessment Area (prorated for portions of an acre) for the term
of the 10 (a) Permit (but in no event to exceed 30 years ) is a
fair and adequate fee to be paid by those who disturb vacant land
within the Fee Assessment Area and, when added to other funding
sources set forth in the HCP, are sufficient to acquire, manage
and maintain the CVP.
G. Mitigation fees shall apply to all vacant lands lo-
cated within the Fee Assessment Area. The term "land located
within the Fee Assessment Area" shall not include:
( 1 ) Federal land exempted from the mitigation fee
after consultation with FWS pursuant to Section 7 of ESA.
( 2 ) Lands used by local, state or federal govern-
ments for governmental purposes (e.g. , public works, schools) .
( 3) Land for which a mitigation fee in the amount
set forth in Paragraph F above has been previously paid.
-4-
MEE/071531-A
( 4) Land, which as of August 4 , 1982 , was being
utilized for agricultural purposes .
( 5 ) Land which is placed into agricultural use
after August 4, 1982; provided, however, in the event any such
land is later converted to any use other than agriculture, such
land shall be considered land located within the Fee Assessment
Area .
IV. OBLIGATIONS OF THE PARTIES.
A. COUNTY AND CITIES.
( 1) Neither the cities nor the County shall issue
any building or grading permit for any parcel of land located
within the Fee Assessment Area, nor shall they issue any permit
or development approval which will allow any disturbance of any
parcel of land located within the Fee Assessment Area by any per-
son, firm or entity prior to the payment of the mitigation fee to
The Nature Conservancy as hereinafter provided. Written notice
from TNC or its agent to the County or City having jurisdiction
over any such parcel shall be deemed to be sufficient evidence to
the County or City involved that the mitigation fee has been
paid.
( 2 ) Upon receipt of evidence from TNC or its agent
that the mitigation fee has been paid, the County or City having
jurisdiction over the land may issue a subpermit which will allow
the CVFTL to be incidentally taken upon the land for which the
fee has been paid during the course of otherwise lawful activi-
ties, pursuant to the provisions of 50 CFR 13 . 25 .
-5-
MEE/071531-A
( 3 ) In the event the County or any City has know-
ledge that any person, firm or entity has disturbed or is dis-
turbing any parcel of land within the initial Fee Assessment Area
without payment of the mitigation fee, it will take any action
that is appropriate to terminate the disturbance or, in the case
where the disturbance has been completed, it will refuse to issue
any permits for the use or occupancy of the disturbed parcel un-
til the mitigation fee has been paid, and it shall immediately
notify FWS of any such incidence together with the location of
the parcel if known to the County or the City, and the identity
of the person, firm or entity disturbing land without payment of
the mitigation fee.
( 4) With respect to any project proposed within
any reserve, at or prior to the initial project approval, ( in-
cluding applications in connection with zoning, specific plans,
subdivision tract maps, use permits, planned developments, or
building and grading permits) copies of all application materials
shall be sent by the local agency to FWS and CDFG. FWS and CDFG
shall have ninety ( 90) days to comment upon the application be-
fore a public hearing is held to consider any such application.
In the event such application requires a public hearing pursuant
to any provision of state of local law, the hearing as specified
hereunder shall be held in conjunction with any such hearing. In
the event such application does not require public hearing under
any provision of state or local law, the hearing as specified
hereunder shall be held in conjunction with any such hearing. In
the event such application does not require public hearing under
-6-
MEE/071531-A
any provision of state of local law, such hearing shall be held
pursuant to the provisions hereof and notice shall be given as
provided in California Government Code Section 65091 or any suc-
cessor statutes . After the public hearing as herein provided,
the local agency shall either approve or deny such application,
provided that in no event shall an agency approve an application
without first making written findings that the application com-
plies with the 10 (a) Permit granted contemporaneously herewith or
with a 10 (a) Permit separately issued by the Fish and Wildlife
Service.
( 5 ) Neither the County nor any City shall be pro-
hibited from changing any zone classification or approving any
project outside of any reserve (but within the HCP area) provided
that it shall not approve any such zone change or project whose
cumulative effect would be to render invalid any finding upon
which the 10 (a) Permit is based ( 16 U. S.C. 1539 (a) ) .
B. FISH AND WILDLIFE SERVICE.
( 1) Upon finding, after opportunity for public
comment, with respect to a 10 (a) Permit application and the re-
lated HCP that :
(a) Any permitted taking of the CVFTL will be
incidental to the carrying-out of otherwise lawful activities;
and,
(b) The HCP and its implementing agreements
will, to the maximum extent practicable, minimize and mitigate
the impacts of such incidental taking; and,
-7-
MEE/071531-A
(c) The mitigation fees and other funds pro-
vided for in Section III of the Agreement will ensure that ade-
quate funding for the HCP will be provided; and,
(d) Any permitted taking of CVFTLs will not
appreciably reduce the likelihood of the survival and recovery of
the species in the wild; and,
(e) Any measures required by the FWS as set
forth in the HCP as being necessary or appropriate for purpose of
the HCP will be met .
FWS shall issue to the Cities and County a Section 10 (a)
Permit . Such Permit shall be issued concurrently with the execu-
tion of this Agreement by FWS and this Agreement shall not become
effective nor binding upon any party hereto until and unless the
10 (a) Permit has been granted.
( 2) After issuance of a Section 10 (a) Permit the
Service shall :
(a) Monitor the implementation of the 10 (a)
Permit and the activities thereunder ; and,
(b) Monitor the management, operation and
maintenance of the reserves in order to assure compliance with
the HCP.
C. TNC.
( 1) TNC shall establish an office or otherwise
contract for a service within the Coachella Valley which shall be
open to the public during normal business hours for the purpose
of collecting mitigation fees .
-8-
MEE/071531-A
0
( 2) Upon receipt of mitigation fees calculated in
accordance with Paragraph III.F. hereof, TNC or its agent shall
certify to the County or. City that have jurisdiction over the
land for which the mitigation fee has been paid, the amount of
the fee paid, the total number of acres for which the fee was
paid and the legal description of the property for which the fee
was paid as provided by the person, firm or entity paying the
fee. Such certification shall be in writing.
( 3) TNC shall establish one or more interest bear-
ing trust accounts to receive and hold, the mitigation fees .
(4) TNC shall utilize the fees for those purposes
set forth in Paragraph III .E. hereof.
( 5) TNC shall use its best efforts to acquire all
portions of the CVP not previously acquired by CDFG, BLM and
FWS . The order and timing of acquisition and the purchase price;
the incurring of indebtedness and the delegation of fees to over-
head and adminis!_rative expenses, in accordance with generally
accepted accounting principles ; and all other matters with re-
spect to the management of mitigation fees and the acquisition,
maintenance and management of the CVP by TNC shall be subject to
the reasonable discretion of TNC, consistent with its obligations
under this Agreement „
( 6 ) The Nature Conservancy shall prepare and pre-
sent to the Cities and the County, FWS and CDFG, on or before July
1st of every other year during the term of this Agreement and
within three ( 3 ) months after the termination of this Agreement ,
certified audits setting forth the source and utilization of all
-9-
MEE/071531-A
sums received by it pursuant to this Agreement. The Nature
Conservancy shall be entitled to utilize mitigation fees for the
expense of such audits .
(7) TNC may purchase lands within the CVP and take
title in its own name. TNC shall not sell or convey any portion
of the lands acquired by it except to one or more local, state or
federal governmental entities whose purpose is to acquire, manage
and maintain the CVP.
D. Neither this Agreement nor the HCP shall be deemed
to make any party to this Agreement the agent for or partner of
any other party to this Agreement.
V. REMEDIES AND ENFORCEMENT.
A. Remedies in General. Except as set forth in Sec-
tion V.A. ( 1) below, each of the parties hereto shall have all of
the remedies available in equity ( including specific performance
and injunctive relief) and at law to enforce the terms of this
Agreement, the Section 10 (a) Permit and grading and building per-
mits and to seek remedies and compensation for any breach hereof,
consistent with and subject to the other terms hereof.
(1) No party shall be liable in damages to any
party or other person for any breach of this Agreement, any
performance or failure to perform a mandatory or discretionary
obligation imposed by this Agreement or any other cause of action
arising from this Agreement . Notwithstanding the foregoing:
(a) All parties shall retain whatever liabil-
ity they would possess for their present and future acts or
failure to act without the existence of this Agreement .
-10-
MEE/071531-A
(b) All parties shall retain whatever liabil-
ity they possess as holders of interests in land.
( 2 ) The parties acknowledge that the CVFTL is
unique and that its loss as a species would result in irreparable
damage to the environment and that therefore injunctive and
temporary relief may be appropriate in certain instances involv-
ing a violation of this Agreement .
B. Section 10 (a) Permit.
( 1) Authority of County and Cities. In addition
to the provisions of Section V.A. , the County and Cities shall be
empowered to exercise all .legal and equitable remedies available
to them in assuring that the terms of this Agreement and the
Section 10 (a) Permit are complied with. The Cities and County
shall have the right to revoke, terminate or suspend the right of
any landowner to enjoy or have the benefit, right or privileges
under the Section 10 (a) Permit by terminating or suspending
subpermits or building or grading permits in the event the miti-
gation fee has not been paid or in the event it has knowledge
that any person, firm or entity is taking CVFTLs which taking is
not incidental to an otherwise lawful course of conduct . In the
event any City or County shall terminate or suspend any sub-
permit, it shall promptly notify FWS and CDFG in writing of such
termination or suspension and shall set forth in writing the
basis for such termination or suspension.
( 2) The violation of the Section 10 (a) Permit with
respect to any one or more particular parcels of land or portions
thereof within the County or any one City shall not adversely
-11-
MEE/071531-A
affect or be attributed to nor shall it result in a loss or
diminution of any right, privilege or benefit hereunder of any
other City, County or any other parcel of land. The past conduct
of a violator with respect to one parcel of land may be con-
sidered in determining the appropriate remedies with respect to
such violator ' s activities with respect to another parcel of
land.
( 3 ) Permit Suspension, Revocation or Termination.
(a) Suspension.
( i ) Subject to the provisions of para-
graph B( 2) of this Section, the FWS may suspend the Section 10 (a)
Permit for any violation of the Permit or this Agreement , whose
affect is to render invalid any finding upon which the 10 (a)
Permit is based ( 16 U. S.C. 1539 (a) ) .
( ii) Except where the FWS determines that
emergency action is necessary to protect any endangered or
threatened species , the FWS shall not suspend the Section 10 (a)
Permit without first :
a. Requesting the affected City or
County to take appropriate remedial or enforcement actions; and
b. Providing to the affected City
or County permittee notice in writing of the facts or conduct
which may warrant the suspension and an opportunity to demon-
strate or achieve compliance with the Permit and this Agreement.
( iii) Any suspension under this subsection
shall be lifted immediately upon the reasonable determination by
the FWS that the violation(s ) has been effectively redressed. As
-12-
MEE/071531-A
i
soon as possible, but no later than ten ( 10 ) working days after
any suspension under this subsection, the FWS shall consult with
the affected permittee concerning actions to be taken to effec-
tively redress the violation(s) that necessitated the
suspension. At the conclusion of any such consultations, the FWS
shall make a determination of the actions necessary to effec-
tively redress the violation(s) . In making this determination
the FWS shall consider the conservation needs of the CVFTL and
any comments or recommendations received during the consulta-
tions. As soon as possible, but no later than ten ( 10) working
days after the conclusion, of the consultations, the FWS shall
transmit to the affected permittee(s) written notice of the FWS
determination of the actions necessary to effectively redress the
violation(s) . Upon full performance of the necessary actions
specified by the FWS in its written notice, the FWS shall imme-
diately lift the suspension.
( iv) It is the intent of the parties
hereto that in the event of any suspension of the 10 (a) Permit
all parties shall act expeditiously to cooperate to lift any
suspension to carry out the objective of this Agreement .
(b) Revocation or Termination
( i) The FWS shall not revoke or termin-
ate the Section 10 (a) Permit for violation of the Permit or this
Agreement unless the FWS determines that such violation:
a. Involves a taking of an endan-
gered or threatened species; and,
-13-
MEE/071531-A
b. Has significantly and adversely
affected such species throughout its range; and,
C. Cannot be effectively redressed
by other remedies or enforcement action.
( ii ) The FWS shall not revoke or termin-
ate the Section 10 (a) Permit without first;
a. Requesting the appropriate City
or County to take appropriate remedial or enforcement action;
and,
b. Providing to the affected City
or County permittee notice in writing of the facts or conduct
which may warrant the revocation or termination and a reasonable
opportunity (but not less than sixty ( 60 ) days) to demonstrate or
achieve compliance with the Permit and this Agreement.
(c) Severability. Subject to the provisions
set forth in Paragraph 3 (b) ( i ) hereof, revocation or termination
of the Section 10 (a) Permit (or any right, benefit or privilege
of the Section 10 (a) Permit) as to a specific parcel of land, or
as to the County, or any City, shall not result in revocation or
termination of the Section 10 (a) Permit or affect the benefits,
rights or privileges with respect to any other parcel of land,
County or any other City.
C. Limitations and Extent of Enforceability. It is
acknowledged that the purpose of this Agreement is to set forth
the obligations and rights of the parties hereto with respect to
the Habitat Conservation Plan and to provide for the conservation
of the CVFTL and the mitigation and compensatory measures
-14-
MEE/071531-A
required in connection with the development and conversion of
land outside of the reserves and within the Fee Assessment Areas
from habitat to other uses. Accordingly, to the extent permitted
by law, no further mitigation or compensation for the
conservation of the CVFTL will be required by any party hereto or
any landowner . Except as otherwise specifically provided herein,
nothing herein contained shall be deemed to limit the power of
the Cities and the County to regulate the use of lands within
their respective jurisdictions subject to such other limitations
as may apply to such power under the Constitution and laws of the
United States and the State of California. Furthermore, nothing
herein contained is intended to limit the authority of the United
States government to invoke the penalties provided for the ESA.
VI . AMENDMENTS.
A. This Agreement may be amended only in accordance
with the provisions of Section VIII E. of the Habitat
Conservation Plan.
VII . MISCELLANEOUS PROVISIONS.
A. Successors and Assigns . The terms , provisions and
conditions of this Agreement shall be binding upon the parties
hereto and their respective successors and assigns and shall
inure to the benefit of the parties hereto and such successors
and assigns as may be expressly assigned the benefits hereof by
any party hereto.
-15-
MEE/071531-A
1
B. Notices . Notices provided for shall be delivered
to the persons set forth below or shall be deemed given twenty
( 20) days after deposit in the United States mail, certified and
postage prepaid, return receipt requested and addressed as fol-
lows or at such other further address which any party hereto may
from time to time give notice to the other parties .
CITY OF COACHELLA CITY OF INDIO
Attention: City Manager Attention: City Manager
1515 6th Street 100 Civic Center Mall
Coachella, CA. 92236 Indio, CA. 92201
CITY OF CATHEDRAL CITY CITY OF RANCHO MIRAGE
Attention: City Manager Attention: City Manager
68625 Perez Road 69825 Highway 111
Cathedral City, CA. 92234 Rancho Mirage, CA. 92270
CITY OF PALM DESERT CITY OF INDIAN WELLS
Attention: City Manager Attention: City Manager
73510 Fred Waring Drive 44950 Eldorado Drive
Palm Desert, CA. 92260 Indian Wells, CA. 92260
CITY OF LA QUINTA CITY OF DESERT HOT SPRINGS
Attention: City Manager Attention: City Manager
78105 Calle Estado 11711 West Drive
La Quinta, CA. 92253 Desert Hot Springs, CA. 92240
COUNTY OF RIVERSIDE CITY OF PALM SPRINGS
Attention: Planning Director Attention: City Manager
4080 Lemon Street Post Office Box 1786
Riverside, CA. 92502 Palm Springs, CA. 92263
THE NATURE CONSERVANCY THE UNITED STATES FISH AND
785 Market Street WILDLIFE SERVICE
San Francisco, CA. 94103 500 N.E. Multnomah, Suite 1692
Portland, Oregon 97232
THE UNITED STATES FISH AND
WILDLIFE SERVICE
2800 Cottage Way, Room E-1825
Sacramento, CA. 95825
C. Entire Agreement . This Agreement supersedes any
and all other Agreements either oral or in writing between the
-16-
MEE/071531-A
r
parties hereto with respect to the subject matter hereof and
contains all of the covenants and agreements between the parties
with respect to said matter , and each party to this Agreement
acknowledges that no representation, inducements, promises or
agreements orally or otherwise, have been made by any party or
anyone acting on behalf of any party, which are not embodied
herein, and that no other amendment, statement or promise not
contained herein shall be valid or binding.
D. Attorneys ' Fees . If any action at law or in equi-
ty, including any action for declaratory relief, is brought to
enforce or interpret the provisions of this Agreement, all par-
ties to the litigation shall bear their own attorneys ' fees and
costs. Attorneys ' fees and costs against the United States,
however , shall be governed by applicable federal law.
E. Duplicate Originals. This Agreement shall be
executed in any number of duplicate originals . A complete origi-
nal of this Agreement shall be maintained in the official records
of each of the parties hereto.
F. Terms of Agreement . Except as otherwise provided
herein this Agreement shall take effect upon execution by the
parties and shall continue in force for the duration of the
Section 10 (a) Permit.
G. Default. A default by any party in an obligation
set forth herein shall not result in nor be the basis for the
termination or rescission of this Agreement unless such default
results in the revocation of the Section 10 (a) Permit .
-17-
MEE/071531-A
IN WITNESS WHEREOF, the parties have executed this
Agreement as of the date last set forth below and agree to abide
by its terms from that date forward.
DATED: /lam y� [� CITY OF COACHELLA
ATTEST:
BY
DATED: / P //� a �'� CITY OF INDIO
ATTEST_:
By
DATED: CITY OF CATHEDRAL CITY
ATTEST: 5�
(lJ�f BY
DATED: CITY OF RANCHO MIRAGE
ATTES :
By ICY• I�
DATED: ( �d 2— ® CITY OF PALM DESERT
ATTEST: + / �14_
-ls-
MEE/071531-A
DATED: CITY OF INDIAN WELLS
ATTEST-
By
Al CITY OF LA QUINTA
13Y
DATED: ,�J CITY OF' DESERT HOT SPRINGS
ATTEST:
;2v/
By
DATED:
CITY OF PALM SPRINGS
ATT7ST:
By
DATED: THE NATURE CONSERVAN3CY
By
DATED: THE COUNTY OF RIVERSIDE
By
By z
-ja-.
HEE/071531-A
r�
}
DATED: �✓ THE UNITED STATES FISH AND
✓ WILDLIFE SERVICE /
By
-20-
MEE/071531-A
P
7n
tMr
i
Implementing Agreeent
for Management
between '.\
U.S. Bureau of Land Management,
U.S. Fish and Wildlife Service,
California Department of Fish and Game
and
The Nature Conservancy
I. Purpose
This agreement defines the goals and responsibilities of the four principal
land owners in the management of the Coachella Valley Preserve and two
associated satellite preserves, Willow Hole/Edon Hill and Indian Avenue,
which are hereafter collectively referred to as the Coachella Valley Preserve
System. The agreement is between the Bureau of Land Management (BII+I), U.S.
Fish and Wildlife Service (FWS) , the California Department of Fish and Game
(CDF&G) and The Nature Conservancy (TNC) . These parties have worked jointly
in the acquisition of land .in the Coachella Valley Preserve System to ensure
the preservation of the Coachella Valley fringe-toed lizard (Uma inornata)
(CVFTL) , which is designated as a threatened species under the Federal
Endangered Species Act- and as an endangered species under California law.
TiLi.s agreement will serve as the basis for establishing and clarifying the
roles and responsibilities of the cooperating parties in the management and
operation of the Preserve System and implementation of the conservation prov-
isions of the CV1iL Habitat Conservation Plan. Individual responsibilities
are set forth and goals established. However, this agreement notwithstan-
ding, the parties recognize that management of their land holdings are guided
by different authorities and policies and that final management decisions
rest with each individual party.
II. Authorities
This agreement is entered into under the following authorities:
A. BIM - Section 307 of the Federal Land Policy and Management Act (Public
Law 94-579, 90 Stat. 2766)
Sikes Act (Public Law 93-452, 88 Stat. 1369)
Endangered Species Act (Public Law 93-205, 87 Stat. 884) as
amended
ELM and CDF&G Master Memorandum of Understanding (June 1983)
B. FWS - Endangered Species Act (16 USC 1531 et seg. ) , as amended
Fish and Wildlife Coordination Act (16 USC 661 et sue. )
National Wildlife Refuge Administration Act (16 USC 668 dd)
Fish and Wildlife Improvement Act (16 USC 7429)
C. CDF&G - Sikes Act (Public law 93-452, 88 Stat. 1369)
California Enddangered Species Act, as amended September 1984
BLM and CDF&G Master Memorandum of Understanding (June 1983)
D. TNC- Articles of Incorporation, Board of Governor's Resolution
Master Cooperative Agreement with BIM
Implementing Agreement for Fees
2
III. Goals
A. The parties agree: .
(1) That the overriding goal of this agreement is to conserve the CVFTL
and implement the CVFPL Habitat Conservation Plan through maintenance and
enhancement of the blowsand habitat required by the Coachella Valley
fringe-toed lizard. The Coachella Valley Preserve System was established
as a part of the Coachella Valley Fringe-toed Lizard Habitat Conservation
Plan. The acquisition and maintenance of the Preserve System is the
basis for the issuance of a Section 10(a) permit to allow the incidental
taking of CVFPL on private lands. Land acquisition efforts by Federal
agencies to consolidate f_he preserves will streamline the issuance of
biological opinions from FWS under Section 7 of the Endangered Species
Act for actions on public lands outside the Preserve System. This
overall goal includes working within the Preserve System to maintain
unimpeded sand sources, protect all suitable fringe-toed lizard habitat,
and rehabilitate impacted fringe-tced lizard habitat.
(2) To promote, develop, screen, review and approve research projects on
the Preserve System.
(3) To monitor the Coachella Valley fringe-toed lizard and other
sensitive species populations as well as the blowsand regime within the
Preserve System and amend management policies as needed to ensure the
continued conservation and maintenance of the CVFPL and other sensitive
species.
3
f
(4) To promote public awareness of the resource values within the
Preserve System through on and off-site interpretation such as. but not
limited to guided walks, brochures, slide presentations, self-guided
trails and kiosks.
(5) To provide for enforcement of rules and regulations adapted.
(6) To carefully regulate, or forbid where necesary, activities which
may be adgerse to the conservation of the C=, including but not
limited to disturbance of blowsand and native vegetation, depletion of
ground water, construction and grading, recreational use of off-road
vehicles, hunting, and camping.
IV. Program Coordination and Responsibilities
A. All parties agree:
(1) To implement this agreement and ensure the coordinated management of
the Preserve System, the parties hereby designate the following as their
representatives.
(a) BIM - Indio Area Manager
(b) FWS - Salton Sea National Wildlife Refuge Manager
(c) CDF&G - Area Biologist
(cj) TUC - Director of Stewardship
4
(2) To rotate the lead responsibilities for coordinating the implemen-
tation of this operating agreement annually, in the following order-
(a) TNV,
(b) BIM
(c) FWS, and
(d) CDF&G.
(3) To melt at least quarterly during the next three years and at least
semi-annually thereafter. The parties will consult with biological
experts and local government representatives.
(4) To develop an operating plan for the Preserve System. The operating
plan will be written in FY 1986 for review by the public in June 1986.
The operating plan will address route designations, research needs,
inter- pretive needs, exotic species removal, habitat improvement
techniques, monitoring programs, etc. The draft operating criteria will
be written jointly with each party submitting portions of the draft to
the BIM for compilation. The Preserve Manager will serve as Team
Leader. The draft will be reviewed and preliminarily approved by all
parties prior to release for public comments. The final operating plan
will reflect consideration of the cc m�ents received and upon approval by
the parties shall be deemed incorporated by reference into this agreement.
5
(5) To ensure that any action proposed by any of the parties within the
Preserve System is promptly reviewed by all parties prior to approval of
that action. This does not convey the right to any party to veto a
proposed use on the land of another party but is intended to affirm a
spirit of negotiation and cooperation. Potentially conflicting land uses
shall be mutually discussed among the parties. The parties with, where
necessary, the assistance of the technical consultants shall ensure that
any action taken is consistent with the CVFTL HCP and the conservation of
the CVFTL: The parties recognize that failure to ensure such consistency
may be grounds for suspension or revocation of the Section 10(2) permit.
(6) To review the annual budget and annual work plan for the trust funds
with specific tasks for each fiscal year. This work plan will define
- these specific tasks and allocation of funding for cooperating agencies
to complete these tasks.
(7) To divide management responsibilities between the four parties. Any
party may implement any of the activities listed below; however, one
party may be designated in the operating plan or work plan to be
responsible for promoting, coordinating and overseeing projects under its
assigned responsibility. Except for limited incidental overhead and
clerical support, all funding for these activities will be provided for
through the trust fund established by the Implementing Agreement for Fees
for the CVFIT. HCP executed on
6
B. BLM agrees to:
(1) Provide a Ranger position funded•by the trust for the patrol of the
Preserve System and enforcement of appropriate State and Federal laws and
regulations.
(2) Establish an account to fund salaries of agency support personnel,
based on availability of trust funds.
(3) Carry out habitat protection activities such as road closures,
signing, fencing, patrols, and other enforcement activities.
(4) order materials and install interpretive signs, kiosks, and markers.
(5) Provide staff support covering archaeology, botany, geology and
wildlife hatters for environmental assessment of actions taken within the
Preserve System.
C. FWS agrees to:
(1) Establish accounts to accept donations of trust funds to be used for
managing refuge areas of the Preserve System.
(2) Develop and coordinate research needs within the Preserve System.
This research will include agency sponsored studies as well as private
research.
7
(3) Review and update the status of the CVF M and research results
annually.
(4) Provide increased patrols of refuge areas by FWS enforcement and
refuge officers during high use periods and to provide authorized
enforcement agents to assist BIM Rangers and CDF&G Wardens in the
enforcement of laws and regulations relating to the conservation of the
CVF'TL.
(5) Provide technical assistance during review of potentially
conflicting land use actions within the Preserve System boundaries.
D. CDF&G agrees to:
(1) Provide additional patrols by CDF&G Wardens as time and staffing
permit during high use periods and to augment BEM Ranger and FWS patrols.
(2) Coordinate with FWS concerning the review and permitting of all
research needs within the Preserve System.
(3) Establish cost reimbursable accounts to fund salaries of agency
support personnel, based on availability of trust funds.
(4) Assist with the coordination of volunteers for larger_ construction
or maintenance projects within the Preserve System.
8
E. TIC agrees to:
(1) Develop and implement the interpretive program for the Preserve
System, including the design and text of kiosks, brochures, and
interpretive signs and layout for any interpretive trails. TNC will
coordinate equipment and printing needs to BIM for ordering and
insta'lation.
(2) Coordinate the use of volunteers as docents within the Preserve
System.
(3) Provide a Preserve Manager for the Preserve System. The Preserve
Manager will oversee the implementation of the actions approved by the
involved parties, including some monitoring, interpretation, non- policy
decisions, habitat improvement, general maintenance, and trash removal.
(4) Develop an annual budget and work plan for the trust funds with
specific tasks for each fiscal year as defined by the Implementing
Agreement for Fees. This budget and work plan will be developed each
spring to provide for sufficient lead time to coordinate with born State
and Federal annual budget processes.
(5) Provide an annual report of the Coachella Valley Preserve Trust Fund.
9
. ! i
V. Special Provisions
A. This Agreement shall be interpreted in a manner consistent with the laws
and regulations governing the parties hereto.
B. The implementation of this agreement is subject to the availability of
appropriated funds and is dependent on adequate monies being made
available from the Coachella Valley Fringe-toed Lizard Habitat
Conservation Plan Trust Fund.
C. Any party may propose an amendment to this agreement by providing a
written copy of the proposed amendment to the other parties at least 60
days prior to the proposed effective date of such amendment. Each party
shall, in writing, either approve or disapprove such proposed amendment
within 30 days after receipt of said proposed amendment. A proposed
amendment shall take effect upua approval by all parties.
D. Any party may withdraw from this agreement, provided all laws and
regulations have been complied with and a minimum of 60 days prior
written notice is given to all other parties. Any such withdrawal may be
grounds for suspension or revocation of the Section 10(a) permit.
E. nb member of or delegate to Congress, or resident commissioner, shall be
admitted to any share or part of this agreement, or to any benefit
arising from it. PIcr,Jever, this clause does not apply to this agreement
to the extent that this agreement is made with a corporation for the
corporation's general benefit.
10
F. This agreement will continue in .cfect indefinitely from the date of
execution. However, this agreement is subject to review at five year
intervals.
In witness whereof, the parties have executed this agreement as of the date last
set forth below and agree to abide by its terms from that date forward.
(re //�6
raid E. ier Date
District Manager, California Desert
Bureau of Land Management
/� --- APR 21 1986
Dir ctor Date
U.V Fish and Wildlife Service
Fred A. Worthley, Jr. Date Cl
Regional Manager, Region 5
California Department of Fish and Game
Jo tter Date
We#t rn Regional Director
ThsAlature Conservancy
11