HomeMy WebLinkAboutContracts & Agreements_177-2013_CCv0001.pdf AMENDMENT TO AGREEMENT TO FORM THE UPPER SANTA ANA RIVER WASH
LAND MANAGEMENT AND HABITAT CONSERVATION PLAN TASK FORCE
THIS AMENDMENT TO AGREEMENT TO FORM THE UPPER SANTA ANA
RIVER WASH LAND MANAGEMENT AND HABITAT CONSERVATION PLAN TASK
FORCE ("Amendment") is made effective this 3rd day of September, 2013, by and
between the following entities (hereinafter individually referred to as a "Party" and
collectively referred to as the "Parties"):
CEMEX CONSTRUCTION MATERIALS ROBERTSON'S READY MIX, LTD
PACIFIC, LLC ("CEMEX") ("ROBERTSON'S")
CITY OF HIGHLAND ("HIGHLAND") EAST VALLEY WATER DISTRICT
("E VW D")
CITY OF REDLANDS ("REDLANDS") REDLANDS MUNICIPAL UTILITIES AND
ENGINEERING DEPARTMENT
("RM U E D")
COUNTY OF SAN BERNARDINO ("SAN SAN BERNARDINO COUNTY FLOOD
BERNARDINO COUNTY") CONTROL DISTRICT ("SBCFCD")
SAN BERNARDINO VALLEY WATER UNITED STATES BUREAU OF LAND
CONSERVATION_DISTRICT ("SBVWCD" MANAGEMENT (`BLM")
OR "CONSERVATION DISTRICT")
SAN BERNARDINO VALLEY MUNICIPAL
WATER DISTRICT ("VALLEY DISTRICT")
RECITALS
This Amendment is entered into on the basis of the following facts,
understandings, and intentions of the Parties:
A. All Parties hereto, except Valley District, entered into that certain
"Agreement to Form the Upper Santa Ana River Wash Land Management and Habitat
Conservation Plan Task Force" on November 20, 2002 ("Original Agreement"), for the
purposes of advancing environmental planning and permitting in connection with the
Upper Santa Ana River Wash Land Management Plan ("Wash Plan").
B. Since the time the Original Agreement was entered into, planning for the
Wash Plan has advanced in all phases, including with respect to groundwater recharge
and other water conservation facilities. In connection with such facilities, Conservation
District and Valley District have entered into a series of agreements to allow for joint use
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of Conservation District property, and construction of additional facilities as part of an
Enhanced Recharge Program with Valley District, to fulfill the Wash Plan objectives
regarding expanded groundwater recharge and water conservation capabilities.
C. The Original Agreement provided, in paragraph 2 (G), that all Parties
acknowledged and agreed that the effectiveness of the Task Force may be improved by
the addition of other entities that had interest in the work of the Task Force, and given
Valley District's intended role in contributing to expanding groundwater recharge
facilities in the Wash Plan area, Valley District is such an entity.
D. At a Task Force meeting held July 16, 2013, the Task Force reviewed cost
estimates for the completion of environmental review and permitting activities for the
Wash Plan, and the individual members will be going to their respective governing
bodies for funding authorization for the completion of such environmental review and
permitting activities. In addition, the Task Force has refined its description of covered
activities to be included within the "take" and other permitting authorizations proposed to
be pursued, such that the Wash Plan process is now at a point where responsible
estimates for long-term habitat maintenance and other costs can be generated, and an
equitable distribution of such costs over parties sponsoring, or benefitting from,
component projects of the overall Wash Plan can be determined.
E. The Parties therefore wish to amend the Original Agreement to add Valley
District as a regular member of the Task Force, and to specify their going-forward
intentions for additional consultations for deriving an equitable cost-sharing allocation
for the costs that may be incurred by the Task Force members for implementation of the
Habitat Conservation Plan and other permanent funding requirements that may attend
final Wash Plan approval.
NOW, THEREFORE, the Parties do hereby agree as follows:
1. Valley District is, and henceforth shall be, a "Regular Member" of
the Task Force under Section 2 (A) of the Original Agreement. Valley District shall pay
a one-time fee into the Fund (provided in Section 5 (C) of the Task Force Agreement) of
$275,000.00. Such amount shall be utilized by the Conservation District, as Project
Manager, to help offset the Conservation District's share of interim and estimated costs
of completion of the environmental and permitting documentation for the Wash Plan.
The Task Force at its meeting on July 16, 2013 approved estimated costs for planning
and consulting services.
2. The Parties agree to meet and confer, in order to rework the
contribution levels specified in Exhibit "B-1" to the Original Agreement, for those
expenses that will be required of the Task Force members for costs for implementation
of the Habitat Conservation Plan and other implementation funding requirements that
may attend final Wash Plan approval. As presently contemplated, the basis for the
allocation of such implementation costs shall be allocated on a proportionate acreage
basis as it relates to the habitat disturbances attributable to the portions of the
component projects of the Wash Plan advanced by, sponsored by, or benefitting Task
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Force members, with offsetting credit being given to the amount of habitat as acreage
being contributed by various Task Force members. The Task Force will refine such
costs allocations once the PAR analysis and final permitting costs are more fully
determined.
3. Except as specifically amended herein, the Original Agreement
remains in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have entered into the Amendment
as of the day and year first set forth above.
APPROVED AS TO FORM: CEMEX CONSTRUCTION MATERIALS
PACIFIC, LLC
Counsel for CEMEX
APPROVED AS TO FORM: ROBERTSON'S READY MIX, LTD.
Counsel for Robertson's Ready Mix, Ltd.
UNITED STATES BUREAU OF LAND
MANAGEMENT
Field Manager
APPROVED AS TO FORM: SAN BERNARDINO VALLEY WATER
CONSERVATION DISTRICT
General ,ounsel-
President, Bard of Directors
Attest:
e e oard
APPROVED AS TO FORM: EAST VALLEY WATER DISTRICT
General Counsel President, Board of Directors
Attest:
Secretary of the Board
[SIGNATURES CONTINUED ON FOLLOWING PAGE]
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REDLANDS MUNICIPAL UTILITIES AND
APPROVED AS TO FORM: ENGINEERING DEPARTMENT
City Attorney Mayor
Attest:
City Clerk
APPROVED AS TO FORM: COUNTY OF SAN BERNARDINO
County Counsel Chairperson, Board of Supervisors
Attest:
Clerk of the Board
APPROVED AS TO FORM: SAN BERNARDINO COUNTY FLOOD
CONTROL DISTRICT
General Counsel
Chairperson, Board of Supervisors
Attest:
Clerk of the Board
APPROVED AS TO FORM: CITY OF R DLANDS
City Attorney Mayor
Attest:
City Clerk
APPROVED AS TO FORM: CITY OF HIGHLAND
City Attorney Mayor
Attest:
City Clerk
[SIGNATURES CONTINUED ON FOLLOWING PACE]
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APPROVED AS TO FORM: SAN BERNARDINO VALLEY MUNICIPAL
WATER DISTRICT
General Counsel
President, Board of Directors
Attest:
Secretary, Board of Directors
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