HomeMy WebLinkAboutGrasslands Mitigation Bank - Agmt for Sale of Mitigation Credits (Seasonal Wetland Credits)Grasslands Mitigation Bank
AGRT,EMENT FOR SALE OF MITIGATION CREDITS
Permit Number: SPK-2015-00713
referred to as the "Parties," as follows:
RECITALS
A. The Bank Owner has developed the Grasslands Mitigation Bank located in Merced
County, Califomia; and
B. The Bank v/as approved by the U. S. Fish and Wildlife Service (Service), U.S Army
Corps of Engineers (Corps), Environmental Protection Agency (EPA) and California Department of Fish
and Wildlife (CDFW) (ointly refened to as "Resource Agencies") on July 8, 2015, and is currently in
good standing with these agencies; and
C. The Bank has received approval from the Resource Agencies to offer Giant Garter Snake
Credits for sale as compensation for the loss of giant garter snake (Thamnopsis gigas) and its habitat and
Seasonal Wetland Credits as compensation for impacts to wetlands regulated by the federal Clean Water
Act, through the Grasslands Mitigation Bank Enabling Instrument (BankAgreement); and
D. Project Applicant is seeking to implement the project described on Exhibit "A" attached
hereto (Project), which would unavoidably and adversely impact 0.513 acres of waters of the United
States, and seeks to compensate for the loss ofsaid habitat by purchasing seasonal wetland credits from
Bank; and
E. Project Applicant has been authorized by the Corps, Permit Number: SPK-2015-00713,
to purchase from the Bank 1.02 seasonal wetland credits upon confirmation by the Bank Owner of credit
availabililyladequate balance of credits remaining for sale; and
F. Project Applicant desires to purchase from Bank and Bank desires to sell to Project
Applicant 1.02 seasonal wetland credits;
NOV/, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Bank hereby sells to Project Applicant and Project Applicant hereby purchases from
Bank 1.02 seasonal wetland credits for the purchase price of $153,000. The Bank will then deliver to
Project Applicant an executed Bill of Sale in the manner and form as attached hereto and marked Exhibit
"8". The purchase price for said credits shall be paid by cashier's check or, at the option of Bank, wire
transfer of funds according to written instructions by Bank to project Applicant.
2. The sale and transfer herein is not intended as a sale or transfer to Project Applicant of a
security, license, lease, easement, or possessory or non-possessory interest in real property, nor the
granting ofany interest ofthe foregoing.
Grasslands Mitigation Bank
Agreement for Sale of Mitigation Credits
3. Project Applicant 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 Bank Agreement and any amendments thereto, Bank shall monitor and make
reports to the appropriate agency or agencies onthe status ofany Credits sold to Project Applicant. Bank
shall be fully and completely responsible for satisfying any and all conditions placed on the Bank or the
Credits by all state or federaljurisdictional agencies.
4. The Credits sold and transfened to Project Applicant 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 Applicant hereby commits to purchase the Credits and in association therewith
shall process payment for the Credits no later than 30 days from the date of this Agreement.
6. Upon purchase of the credits specified in paragraph E above, the Bank shall submit to the
parties listed in the Notices section of the Bank Agreement / Bank Enabling Instrument, copies of the: a)
Agreement for Sale of Credits; b) Bill of Sale; c) Payment Receipt; and d) an updated ledger. The updated
inventory / ledger must detail: i) Project Applicant; ii) Project Name; iii) Status (sale complete/sale not
complete); iv) Credit Sale Date; v) Service File Number; vi) U.S. Army Corps of Engineers File Number
(if applicable); vii) Total Number of Credits Authorized to Sell; viii) Total Number of Credits Sold to
Date (inclusive); and ix) Balance of all Credits Available. The inventory / ledger should include all sales
data from bank opening/establishment to the present.
Grasslands Mitigation Bank
Agreement for Sale of Mitigation Credits
IN WITNESS WFIEREOF, the parties have executed this Agreementthe day and year first above
written.
BANK:
Westervelt Ecological Services, LLC
Grasslands Mitigation Bank Owner
DATE:
Vice President
PROJECT APPLICANT:
City of Fresno
ATTEST
YVONNE SPENCE CMC
Cþ Cleik
By Çl:"lllø
M, . ñ4c<t¡n¿¿-\/cl¡.Sq,v¿¿ DATE
APPROVED AS TO FORM
DOUGLAS T. SLOAN
City Attorney
B
Deputy City Attorney
Grasslands Mitigation B ank
Agreement for Sale of Mitigation Credits
Exhibit "A"
DESCRIPTION OF PROJECT
TO BE
MITIGATEI)
The Cþ of Fresno seeks to implement the Kings River Pipeline (KRP) and Southeast
Surface Water Treatment Facility (SESWTF) projects. The KRP project site begins at the Fresno
Canal, and extend 13 miles west along E. Belmont Avenue to the SESWTF project site, at the
intersection of N. Armstrong Avenuç and E, Olive Avenue, located in Fresno County, California.
sPK-2015-00713'
*'r.**'r.
Grasslands Mitigation Bank
Agreement for Sale of Mitigation Credits
Exhibit "B"
BILL OF SALE
Permit Number: SPK-201 5-007 13
In consideration of $153,000, receipt of which is hereby acknowledged,Ií/estervelt
Ecological Services, LLC does hereby bargain, sell and transfer to City of Fresno (Project
Applicant), 1.02 seasonal wetland credits inthe Grasslands Mitigation Bank in Merced County,
California, developed, and approved by the U.S. Army Corps of Engineers, U.S. Environmental
Protection Agency, U.S. Fish and Wildlife Service, and California Department of Fish and
Wildlife.
Westervelt Ecological Services, LLC 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.
Westervelt Ecological Services, LLC covenants and agrees with the buyer to warrant and
defend the sale ofthe credits hereinbefore described against all and every person and persons
whomsoever lawfully claiming or to claim the same.
DATED:
Westervelt Ecological Services, LLC
Grasslands Mitigation Bank Owner
By:
Grasslands Mitigation Bank
Agreement for Sale of Mitigation Credits
Grasslands Mitigation Bank
MITIGATION CREDITS: PAYMENT RECEIPT
PARTICIPANT INFORMATION
Name: City of Fresno, DPU, Water Division
Address: 2101 G Street Building A
Fresno, CA93706
Telephone: (559) 621-1622
Contact: MichaelCarbajal,Manager
PROJECT INFORMATION
Project Description: Kings River Pipeline and Southeast Surface Water Treatment Facility
Projects
PermitNumber: SPK-2015-00713
Habitat Affected:0.513 acres of waters of the United States
Credits to be Purchased: 1.02 seasonal wetland
Payment Amount: $153,000
Project Location: The Kings River Pipeline project begins at the Fresno Canal, and extends 13
miles west along E. Belmont Avenue to the Southeast Surface Water
Treatment Facility project site at the intersection of N. Armstrong Avenue
and E. Olive Avenue.
County/Address: Fresno County
PAYMENT INFORMATION
Payee: Westervelt Ecological Services, LLC
Payer: City of Fresno
Amount: One Hundred and Fifty-Three Thousand Dollars ($153,000)
Method of payment :Cash Check No.Money Order No.
Date:Received by:
Name:
(Signature)
Title:
Grasslands Mitigation Bank
Agreement for Sale of Mitigation Credits