HomeMy WebLinkAboutContracts & Agreements_244-2006_CCv0001.pdf MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding relating to the establishment of a land
donation and conservation easement program ("MOU") is made this 7th day of
November, 2006, by and between the City of Redlands, a general law city ("City"), and
the Redlands Conservancy, a non-profit corporation ("Conservancy"). The City and
Conservancy are sometimes individually referred to herein as a "Party" and, together, as
the "Parties."
RECITALS
WHEREAS, the City and Conservancy jointly desire to establish a program to
maintain the City's high quality of life, potential for cultural and heritage tourism, and
high property values associated with the City's proximity to natural and agricultural open
land; and
WHEREAS, the City and Conservancy desire to encourage public donations of
conservation-quality open lands by promoting and offering the availability of tax benefits
for qualifying donations; and
WHEREAS, the City wishes to obtain assistance and reduce the expenses it incurs
associated with the management of City-owned open lands; and
WHEREAS, the Conservancy has represented to the City that the Conservancy
has the willingness and expertise to monitor and maintain conservation-quality open
lands, including trail easements, held in and around the City; and
WHEREAS, the Conservancy is a qualifying 501(c)(3), tax-exempt organization
in the State of California, and is an acknowledged land trust;
Now, therefore, in consideration of the mutual promises contained herein, the City
and the Conservancy agree as follows:
AGREEMENT
Section 1. City Obligations. The City shall.-
A.
hall:A. Recommend to private property owners and developers seeking City-
issued land use entitlements and who have indicated a willing interest in
donating conservation-quality lands, that such land donations be made to
the Conservancy;
B9 Provide the Conservancy with a first right of refusal vis-a-vis other non-
profit organizations to obtain, at no cost to the Conservancy, conservation
easements on those conservation-quality open lands currently owned, or
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proposed for acquisition, by the City that would benefit by the
establishment of a conservation easement over such lands:
C. Consider allocating annually a portion of its open space and park lands
budget towards the monitoring and maintenance costs for conservation-
quality open lands and conservation easements that are the subject of this
Agreement, with the understanding that the City and the Conservancy
shall each use reasonable efforts to cooperatively pursue funding sources
to pay the costs of such monitoring and maintenance; and
D. Pay all reasonable costs involved in the creation of conservation
easements contemplated by this Agreement, including but not limited to,
the costs of land surveys, land appraisals (IRS requires donor to pay this if
claiming tax deductions) and document recording costs; and pay
reasonable monitoring and maintenance costs associated with the
protection of the donated property's conservation value, with the
understanding that each transaction shall be reviewed and approved on a
case-by-case basis by the City prior to the City incurring any such costs.
Section 2. Conservancy Obligations. The Conservancy shall:
A. Receive donations of conservation-quality open lands from willing land.
owners with the specific terms of the land donation and the establishment
of a conservation easement thereon to be determined with each such
transaction;
B. With the agreement of City, establish conservation easements on
conservation-quality open lands owned or proposed for donation to the
City, naming the Conservancy as the holder of such easements;
C. Conduct all activities associated with land donations and the establishment
of conservation easements in a timely manner;
D. Hold the conservation easements in perpetuity unless the Conservancy
dissolves or otherwise becomes incapable of maintaining such easements,
at which time the easements shall be conveyed to another qualifying
organization satisfactory to the City;
E. Maintain all conservation easements in accordance with an "Easement
Management Plan" which shall be mutually developed by the
Conservancy and the City;
P. After establishment of conservation easements thereon, convey fee title to
the donated conservation-quality open lands at no cost to the City.
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Section 4. Termination. This Agreement may be terminated by either Party by
providing twenty (20) days prior written notice to the other Party.
Section 5. Entire A reement. This Agreement represents the entire agreement of the
Parties with respect to the subject matter of this Agreement.
Section 6. Amendment. This Agreement shall be amended only by written
instrument, executed by the Parties.
Section 7. Notices. All notices and other communications provided for hereunder
shall be in writing (including by telecopier) and shall be mailed, telecopied or delivered
as follows:
City of Redlands Redlands Conservancy,
35 Cajon Street, Suite 15A P.O. Box 855
P.O. Box 3005 (mailing) Redlands, CA 92373
Redlands CA 92373-1505
Facsimile: (909) 798-7670
All such notices and communications shall be deemed received, (a) if personally
delivered, upon delivery, (b) if sent by first class mail, on the third business day
following deposit into the mails and(c) if sent by telecopier, upon acknowledgment of
receipt thereof by the recipient.
IN WITNESS WHEREOF, the parties have executed this Agreement, to be
effective as set forth herein.
CITY OF REDLANDS
(�Z-z Date: November 7, 2006
Jo arrison, Mayor
ATTEST:
f
Date: November 7, 2006
Lo i Poyzer, C y,Cle k
REDLANDS CONSERVANCY
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