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Home My Public Portal About20081008 - Resolution - Board of Directors (BOD) Cover Sheet for Scanning by ECS Originating Department General Manager iiaserfiche Temp late Board of Directors Template Fields Document Date: 10/8/2008 Document Type: Resolution Preserve Name: Keywords (no more than 4): PUMP Ravenswood I Project Name: Project Number: Vendor or Other Party: Name (First): Name (Last): Address: APN Number: Document No. 08-38 III Additional Field: Additional Field: Additional Field: Additional Field: II i RESOLUTION 08- 38 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING A GRANT OF LICENSE, ADOPTING AN AMENDMENT TO THE PRELIMINARY USE AND MANAGEMENT PLAN AND AUTHORIZING THE GENERAL MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE UNITED STATES FISH AND WILDLIFE SERVICE (RAVENSWOOD OPEN SPACE PRESERVE) The Board of Directors of the Midpeninsula Regional Open Space District resolves: Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby adopt an amendment to the Preliminary Use and Management Plan for Ravenswood Open Space Preserve as set forth in Board Report No. R-08-117 of October 8, 2008. Section Two. The Board of Directors of Midpeninsula Regional Open Space District (District) approves the grant of license to the United States Fish and Wildlife Service (FWS) under the terms set forth in the Memorandum of Understanding between the District and FWS attached hereto and by reference made a part hereof. Section Three. The Board of Directors of Midpeninsula Regional Open Space District authorizes the General Manager to execute the Memorandum of Understanding on behalf of the District and,with the concurrence of the General Counsel, authorized to approve any minor revisions to the Memorandum of Understanding which are necessary for FWS to implement the project activities permitted thereunder. The General Manager is further authorized to execute any and all other documents necessary or appropriate to enable FWS to implement the activities allowed under the Memorandum of Understanding. I I I I i RESOLUTION NO.08-3 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on October 8, 2008 at a Regular Meeting thereof, by the following vote: AYES• Mary Davey, Jed Cyr, Larry Hassett, Pete Siemens, Ken Nitz, . Curt Riffle NOES: None ABSTAIN: None ABSENT: Nonette Hanko ATTEST: APPROVED: Secretary President Board of Directors Board of Directors I the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. District Cl Memorandum of Understanding Between U.S. Fish and Wildlife Service, and Midpeninsula Regional Open Space District THIS MEMORANDUM OF UNDERSTANDING (the "Agreement") is made by and between the Midpeninsula Regional Open Space District (the "District"), and the UNITED STATES OF AMERICA, and its assigns, acting by and through the U.S. Fish and Wildlife Service, Department of the Interior(the "Service"). WHEREAS, the District is the fee simple owner of those certain lands identified as Parcel I and holds that certain leasehold interest identified as Parcel 2, both as more particularly described in Exhibit "A" attached hereto and incorporated herein, and as shown on the map attached hereto as Exhibit "B" and incorporated herein (the "License Area"); and WHEREAS, the Service is engaged in the restoration of tidal habitat at Salt Pond S172 as part of the South Bay Salt Pond Restoration Project, hereinafter designated "Project"; and WHEREAS, the Service desires a non-exclusive license from the District for the purposes and uses described herein; and WHEREAS, the Service will administer the areas licensed hereunder as part of the Don Edwards San Francisco Bay National Wildlife Refuge, under the authority of the National Wildlife Refuge Administration Act, as amended; NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties hereto agree as follows: 1. License. The License granted is for the specific uses described herein and may not be construed to include any further right to authorize any other use within the License area. Subject to the terms and conditions set forth herein, the District grants to the Service a non-exclusive License over and across Parcel I and Parcel 2 for the following purposes: a. Construction, reconstruction and maintenance of the existing levee, and of roads and trails along said levee. b. Construction, operation and maintenance of water control structures and of associated pilot channels. c. Construction, operation and maintenance of visitor facilities, including restrooms, viewing platforms, benches, fencing, signage, and interpretive structures. DE San Francisco Bay NWR(278 LS) Page 1 of 5 i d. Vehicular and pedestrian ingress and egress by and for U.S. Fish and Wildlife Service personnel, contractors, and permittees. e. Pedestrian ingress and egress for the public on roads and trails. f. The District shall have no responsibility to maintain or operate any improvements placed by the Service. The water control structures and other improvements authorized by the Agreement shall remain the full responsibility of, and to the extent allowable under federal regulations, under the control and ownership of the Service. The Service shall have full responsibility for the maintenance and operation of the water control structures, and shall be responsible for all repairs to the water control structures and associated improvements necessary to ensure the integrity of the levee. g. All construction within the License Area shall be in compliance with the final Construction Plan Set for Salt Pond SF2 Restoration. Reasonable distance allowances will be measured when the construction is underway to limit disturbance of Pickleweed plants except as necessary for construction and maintenance. h. Service may remove, replace or relocate any improvements placed in the License Area, at any time, without further approval of District. 2. Term. The term of this Agreement shall commence upon the full execution hereof by the parties. This Agreement shall terminate at midnight, g August 1, 2034. This the Service agrees to such Agreement may not be terminated prior to that date unless g b Y A termination in writing. Amendments or modifications to this Agreement may be proposed by either party and shall be incorporated upon ratification in writing by both parties. 3. Notifications and Contacts. All notices, amendments or any modifications to this Agreement may be proposed by either party and shall be in writing by both parties to the addresses below(or another address if changed throughout the term of this Agreement). The contacts for all purposes of this Agreement shall be: Manager San Francisco Bay National Wildlife Refuge Complex 9500 Thornton Avenue Newark, CA 94560 General Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, California 94022 i DE San Francisco 13ay NWR(278 LS) Page 2 of 4. Additional Term. Nothing in this Agreement shall be construed as requiring the obligation or expenditure of federal funds in advance of Congressional appropriation. Intending to be bound hereby, this Agreement is executed on behalf of the parties: For the U.S. Fish and Wildlife Service: .4k Date: �� G. Mendel Stewart Manager, San Francisco Bay NWR Complex tephen . Dyer, Re ty Officer California/Nevada Realty Office, Region 8 For the Midpeninsula Regional Open Space District: Date: /0.14-DB StephedE. Abbors General Manager Attest: Greg Sa District Werl� Approved as to form: Susan M. Schectman General Counsel I DE San Francisco Bay NWR(278 LS) Page 3 of 5 i EXHIBIT A LICENSE AREA DESCRIPTION a i Parcel 1 That real property conveyed to Midpeninsula Regional Open Space District by Westbay Community Associates by Grant Deed recorded December 19, 1984 as Instrument No. 84134575, Official Records of San Mateo County, California. Parcel 2 That real property conveyed to State Lands Commission by Peninsula Open Space Trust by Corporation Grant Deed recorded August 2, 1985 as Instrument No. 85078406, records of San Mateo County, California and leased to the Midpeninsula Regional Open Space District under that certain lease recorded August 2, 1985 as Instrument No. 85078407 in the Official Records of San Mateo County, California. I I DE San Francisco Bay NWR(278 LS) Page 4 of 5 EXHIBIT "B" DON EDWARDS SAN FRANCISCO BAY NATIONAL WILDLIFE REFUGE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TRACT (278LS) SAN MATEO COUNTY, CALIFORNIA P -1 TRAILHEAD & STATE OF CALIFORNIA `y RESTROOM PARCEL D-1 7558 OR 440 MPROSD (Fee) 84-134575 i 1 INLET PILOT CHANNEL CARGILL INC. (Fee) STATE OF CALIFORNIA (Fee) 85-078406 U.S. FISH INLET STRUCTURE MPROSD (Lease) &SERVICE WILDLIFE 85-078407 2007-096103 °FyP�r"��\� (Easement) LEVEE WITH PUBLIC TRACT (278LS) ACCESS TRAILS0.P�,�Q 0 U.S. FISH & WILDLIFE SERVICE 2007- 096102 VIEWING Tract (159a) PLATFORM (� 31 LLS MAPS 65 OUTLET PILOT CHANNEL CITY AND COUNTY OF SAN FRANCISCO (RETCH HETCHY) BOUNDARIES SHOWN ON THIS MAP ARE COMPILED FROM PRIVATE SURVEYS RECORDED AND UNRECORDED, SURVEYS AND MAPS BY THE CALIFORNIA DEPT. OF TRANSPORTATION, AND RECORDED DEEDS. PHYSICAL FEATURES SHOWN HEREON ARE FROM THE CONSTRUCTION DRAWINGS FOR SALT POND SF2 R ESTO RAATI O N. N DAftE LAND SURVEYOR USFWS DIVISION OF ENGINEERING SCALE: 1" = 500' PORTLAND, OR DE San Francisco Bay NWR(278 LS) Page 5 of 5