RES 02108 - Laserfiche WebLink

ACQUISITION AND IMPROVEMENT AGREEMENT This Agreement is made as of this day of , 2002, by and between the East Bay Regional Park District, a California Special District ("District"), and the City of Pleasanton, a municipal corporation ("City"). RECITALS A. The City has proposed to develop a municipal golf course, open space, and public infrastructure project (the "City Project") upon an approximately 343-acre site in south Pleasanton. Various federal and state agencies have required the City to mitigate for natural resource impacts related to development of the City Project by performing certain mitigation measures on-site and by contributing to acquisition of property and improvements to watersheds for enhancement of water quality and special status species habitat. B. The City and the District desire to work cooperatively to allow the City to contribute funds for the District's acquisition of property and the District's improvement of watersheds which will fulfill the City's off-site mitigation requirements. C. The District plans to acquire approximately thirty (30) acres of real property on Pleasanton Ridge, in the County of Alameda (the "Real Property"), as shown more particularly in the attached Exhibit "A". The Real Property includes approximately 800 to 1,000 lineal feet of Sinbad Creek which the District desires to acquire to restore degraded areas within the Sinbad Creek watershed, and which Real Property also contains California red-legged frog habitat. The City has proposed to contribute towards a portion of the purchase price of the Real Property to provide water quality mitigation, and mitigation habitat for the California red-legged frog and the California tiger salamander for the City Project. D. To improve water quality, the District plans to install and repair barbed wire fencing to exclude cattle from Sinbad Creek. This work shall include 4,000 feet of new fence, and 9,000 feet offence repair (collectively the "Fence Work"). The City proposes to fund this work. E. The District also plans to remove old cabins and related waste and debris along the banks of Sinbad Creek (the "Debris Removal") to improve water quality. The City proposes to fund this work. NOW, THEREFORE, in exchange for valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: Effective Date. This Agreement shall only be effective if: (1) Happy Valley Annexation No. 150, approved by the Alameda County Local Agency Formation Commission on August 8, 2002, becomes final and effective; (2) the City awards a construction contract for the City Project; and (3) the District's Board of Directors authorizes its General Manager to execute this Agreement.