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Home My WebLink AboutLAND VERITAS CORP. 1 - 2015APR 2 8 2015 N-2015-045 O PWA 0 aly OL AGREEMENT FOR SALE OF CREDITS d+& STREAMBED ALTERATION AGREEMENT NO. 1600-2001-0168-R5 This Agreement is entered into this ' ' day of March, 2015, by and between the Land Veritas Corp. (Bank Sponsor) and the City of Santa Ana (Project Proponent), jointly referred to as the "Parties," as follows: RECITALS A. The Bank Sponsor has developed the Soquel Canyon Mitigation Bank (Bank) located in San Bernardino and Orange Counties, California; and B, The Bank has been developed pursuant to a Bank Enabling Instrument entered into by and between Bank Sponsor, Land Veritas I, LLC (Bank Owner), the U.S, Army Corps of Engineers (USACE), the U.S. Environmental Protection Agency (EPA), the Santa Ana Regional Water Quality Control Board (RWQCB), and the California Department of Fish and Wildlife (CDFW); and C. Project Proponent is seeking to implement the project described on Exhibit "A" attached hereto (Project), which would impact Waters of the State thereon, and seeks to compensate for such impacts by purchasing Credits from Bank Sponsor; and D. Project Proponent has been authorized by the CDFW under permit number 1600-2001-0168-R5 to purchase from the Bank Sponsor 0.10 acre of Intermittent Stream System/Intermittent Riparian Enhancement/Walnut Woodland Enhancement Credits; and E. Project Proponent desires to purchase from Bank Sponsor and Bank Sponsor desires to sell to Project Proponent 0.10 Intermittent Stream System/Intermittent Riparian EnhancementfWalnut Woodland Enhancement Credits. F. Project Proponent will be considered to have fulfilled its mitigation obligations for the project described in Exhibit A once the payment is received according to this agreement. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Bank Sponsor hereby sells to Project Proponent and Project Proponent hereby purchases from Bank Sponsor Proponent 0.10 Intermittent Stream System/Intermittent Riparian Enhancement/Walnut Woodland Enhancement Creditsfrom the Bank for the purchase price of $24,900. The Bank Sponsor will then deliver to Project Proponent an executed Bill of Sale in the manner and form as attached hereto and marked Exhibit "B". The purchase price for said Credits shall be paid by a City of Santa Ana Check or wire transfer. 2. The sale and transfer herein is not intended as a sale or transfer to Project Proponent of a security, license, lease, easement, or possessory or non -possessory interest in real property, nor the granting of any interest of the foregoing. 3. Project Proponent shall have no obligation whatsoever by reason of the purchase of the Credits, to support, pay for, monitor, report on, sustain, continue in perpetuity, or otherwise be obligated or liable for the success or continued expense or maintenance in perpetuity of the Credits sold, or the Bank. Pursuant to the BEI and any amendments thereto, Bank Sponsor shall monitor and make reports to the appropriate agency or agencies on the status of any Credits sold to Project Proponent. Bank Sponsor shall be fully and completely responsible for satisfying any and all conditions placed on the Bank or the Credits by all state or federal jurisdictional agencies. 4. The Credits sold and transferred to Project Proponent shall be non- transferable and non -assignable, and shall not be used as compensatory mitigation for any other project or purpose, except as set forth herein. 5. Project Proponent must exercise his/her/its right to purchase the Credits within 60 days of the date of this Agreement. After the 60 day period this Agreement will be considered null and void. 6. Upon purchase of the Credits specified in paragraph 1 above, the Bank Sponsor shall submit to the parties listed in the Notices section of the BEI, copies of the: a) Agreement for Sale of Credits; b) Bill of Sale; c) Payment Receipt; and d) an updated ledger. IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written. 3-6-2015 BANK SPONSOR LAND VERITAS CORP. 7:10111Xs3i7C107101 ki14ki11111 ATTEST: CITY OF SANTA MARIA D. HUIZAR David Cavazc Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City At ney By: Jose ndov Chief sistant City A ney 93 Director- Public Works Agency 3-6-2015 EXHIBIT "A" 11*ivjN120N]�Eel J:J:toa1X03it07-3=1Ji11111 RUN 114a] Name of Project: Memory Lane Bridge Widening Project Project Location: City of Santa Ana, Orange County, California Permitting Agency(ies) File/Tracking Number: CDFW, Streambed Alteration Agreement R5-2001-0168 Project Description: The Project Proponent has altered the streambed to widen the Memory Lane Bridge crossing of the Santa Ana River in the City of Santa Ana, CA from a four -lane bridge to a six -lane bridge to include three through -traffic lanes in each direction. In doing so, prior attempts to mitigate landscaped areas were unsuccessful. Therefore, as an alternative to onsite mitigation, Project Proponent has been authorized by CDFW to purchase credits from the Bank Sponsor to relieve its obligation and fully satisfy the 0.10 acres of mitigation credit consisting of native riparian habitat required for streambed alteration agreement #1600-2001-0168-R5 3-6-2015 EXHIBIT "B" BILL OF SALE Streambed Alteration Agreement No. 1600-2001-0168-R5 In consideration of $24,900, receipt of which is hereby Land Veritas Corp (Bank Sponsor) does hereby bargain, sell and transfer to City of Santa Ana, 0.10 Intermittent Stream System/Intermittent Riparian Enhancement/Walnut Woodland Enhancement Credits in the Soquel Canyon Mitigation Bank in San Bernardino and Orange Counties, California, developed, and approved under the authority of the United States Army Corps of Engineers and/or California Department of Fish and Wildlife associated the Project described in Attachment 1. Bank Sponsor represents and warrants that it has good title to the Credits, has good right to sell the same, and that they are free and clear of all claims, liens, or encumbrances. Bank Sponsor covenants and agrees with the buyer to warrant and defend the sale of the Credits hereinbefore described against all and every person and persons whomsoever lawfully claiming or to claim the same. DATED: Land Veritas Corp. 0 Name: H. Tracey Brownfield Its: President 3-6-2015 ATTACHMENT SOQUEL CANYON MITIGATION BANK PAYMENT RECEIPT PROJECT PROPONENT INFORMA TION Name: City of Santa Ana Address: 20 Civic Center Drive, M-36, Santa Ana, CA 92701 Telephone: (714)647-5645 Contact: Monica Suter PROJECT INFORMATION Project Description: Project Location: Agency File/Tracking Number: Species/Habitat Affected Credits to be Transferred PAYMENT INFORMATION Memory Lane Bridge Widening Project City of Santa Ana, Orange County, California Streambed Alteration Agreement No. 1600- 2001-0168-R5 0.01 acre of herbaceous riparian habitat and temporary impacts to 0.78 acres of herbaceous riparian 0.1 acres Intermittent Stream System/Intermittent Riparian Enhancement/Walnut Woodland Enhancement Payee: Land Veritas I, LLC. Payer: City of Santa Ana Amount: $24,900 Check No. Received by: Land Veritas I, LLC By: Land Veritas Corp, Manager By: H. Tracey Brownfield President Date: 3-6-2015