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HomeMy WebLinkAboutPIP 97-07; Newton Business Center; Planned Industrial Permit (PIP) (8)JUN 08 '98 10:14 ENUIR LQND SOLUTIONS 033 PB1 7722 Faro1 Carlsbad, CA 92009. Land Solutions (760) 942-2397 FAX 942 Locating EnvironwlentaUy Sensitive Property avld To: - Julie Vanderwier. USFWS- - David Lawhead, CDFGI- cc; -Anne Hysong, City of Carlsbad - From: Jim Carter- FflH Phone NO. -(760) 431 -9618, "(61 9) 467-4235- - (760) 438-0894- Number of pages being FAHED including couer page: "3" RE: Agreement for I.D.I. Mitigation in Carlsbad Message: Dear Julie and Dave: releasing ID1 to proceed with their project. The City of Carlsbad has an informal Community Development policy that requlres mitigation of more than 4 acres to go to Council for permission to take mitigation outside the City. We are trylng to get the permits released and then we can get on the agenda to get the Councli's approval. comments. and help in this review. . Please find attached a draft Agreement for the use of a bond as security in Jon Kelly and Royce Riggan will be contacting you directly today for your I apologize the the urgency of this request and 1 thank you for both your time Jl 1. 2. 3. 4. JN 08 '98 10:15 ENUIR LRND SOLUTIONS 033 P02 i ,. 5 MEMORANDUM OF AGREEME~T FOR PURCHASE OF OFF-SITE UIVGAT~ON LANDS IN THE CITY OF CARLSBAD BETWEEN U.S. FISH AND WILDLIFE SERVICE, CALIFORNIA DEPARTMENT OF FISH AND GAME AND INDUSTRIAL DEVELOPMENT INTERNATIONAL, INC. 4 I ii 'j Industrial Development Internationat, Inc. ("I.D.I.") will acquire 6.5 acres of Southern Maritime Chaparral off-site mitigation for the Newton Business Center Project as required under the Mitigated Negative Declaration issued by the City of Carlsbad dated December 24, 1997 and an Addendum, also dated f December 24, 1997. To assure acquisition to the City of Carlsbad and the 4 wildlife agencies, 1.0.1. will cause a standard performance bond to be issued to be held by the California Department of Fish and Gama in the amount of I $292,500.00. The first priority for acquisition of the mitigation land would be within the City of Carlsbad. The subsequent priority for acquisltlon would be a contiguous area to Carlsbad, a wildlife corrldor or core preserve area in North Coastal San Diego County or to an agency approved conservation:bank. Prior to taking the rnltigation outside the City of Carlsbad, the Carlsbad City Council must grant permisslon to I.D.1. for the acquisitlon to be purchased outside the City of Carlsbad. The mitigation site must be approved by the US Fish and Wildlife Service and the California Department of Fish and Game to ensure that the parcel will contribute to the subregional Multiple Habitat Conservation Plan and consist /> predornlnantly of Southern Marltlme Chaparral. The acqulsition of the rnltigation lands must occur wit this agreement. However, based on reasonable progress, extensions of the time line with the concurrence of the agencies may be acceptable, If a mitigation site is not found, or reasonable progress has not been made at the end of the one year, 6 bond funds shall be used by the Catifornia Department L JUN 88 '98 18: 16 ENVIR LFIND SOLUTIONS 033 P03 ithin the City of:Carlsbad or land at an servation bank at the wildlife agencies' direction. 5. With this Memorandum of Agreement signed and secured by security bond, I.D.I. is considered to have met the required mitigation requirement as set for in the Mitigated Negatlve Declaration and Addendum thereto, subjects to the terms of this Agreement, and is authorized to proceed with their Newton Business Center Project in the City of Carlsbad. Agreed to : , 1998 CALIFORNIA DEPART OF FISH &GAME By: """""- Its: Area Manager William E. Tippets US. FISH & WILDLIFE SERVICE By: _"""""""""" Sherry Barrett its: Field Office Supervisor INDUSTRIAL DEVELOPMENT INTERNATIONAL, INC. : BY: ~~~__~~~___~-."~~~_ Its: Vice President Alan Sharp