2024/04/09 City Council Resolution 2024-024 RESOLUTION NO. 2024-024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING THE CITY MANAGER TO EXECUTE THREE (3) PURCHASE
AGREEMENTS WITH LAGUNA VALLEY MITIGATION BANK, HAZEL
MITIGATION BANK, AND ALTON NORTH CONSERVATION BANK FOR THE
PURCHASE OF ENVIRONMENTAL MITIGATION CREDITS, APPROVE OF
PAYMENT IN THE TOTAL AMOUNT OF $1,207,500, AND AUTHORIZE UP TO
$50,000 CONTINGENCY FOR THE CALIFORNIA TIGER SALAMANDER CREDIT
PURCHASE
WHEREAS; the City is working on three capital improvement projects that have been
found to have impacts to biological resources that require mitigation; and
WHEREAS, the Keiser Avenue Reconstruction Project CIP1718—Phase 3 will widen
Snyder Lane for approximately 336 feet north and 422 feet south of the Snyder Lane/Keiser
Avenue intersection, causing 54 square feet permanent impacts to "seasonal wetlands" and 26
square feet of"other waters"; and
WHEREAS, a new bridge was constructed over an existing wetland swale as part of
construction of the Water Tank No. 8 Project CIP0609, causing 192 square feet (0.004 acres) of
wetland impacts; and
WHEREAS, the proposed Dowdell Avenue Extension Project would extend Dowdell
Avenue from its current southern terminus near Golf Course Drive south by approximately 1,600
feet, causing 39,308 square feet(0.90 acres) of wetland impacts, and 69,696 square feet (1.6
acres) of California Tiger Salamander impacts; and
WHEREAS, the City has been working closely with WRA Inc. (Environmental
Consultant), to coordinate with the mitigation banks to secure the required mitigation credits and
subsequent purchase agreements for the City to meet environmental compliance for the three
projects; and
WHEREAS, staff proposes purchasing 0.65 acres of wetland credits form the Laguna
Valley Mitigation Bank, 0.30 acres of wetland credits form the Hazel Mitigation Bank and 1.6
acres of CTS credits from the Alton North Conservation Bank to satisfy the agencies
requirements for the projects mitigation; and
WHEREAS, staff is still finalizing the CTS impact amount with the regulatory agencies
and recommends authorizing up to $50,000 contingency for the CTS credit purchase; and
WHEREAS, in order to purchase the mitigation credits, the City must enter into
Agreements with the separate banks; and
WHEREAS, purchase of the mitigation credits is not a project under CEQA Guidelines
section 15378, as it does not have the potential for resulting in either a direct physical change in
the environment, or a reasonably foreseeable indirect change in the environment, and each of the
three Capital Improvement Projects have undergone separate CEQA review, as detailed above,
and the purchase of the credits will mitigate impacts; and
4882-8679-9025 vl
WHEREAS, City staff recommends that the City Council authorize the City Manager to
enter into and execute the Agreements with the mitigation banks, purchase the mitigation credits
and authorize related actions necessary for the implementation of these Agreements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that:
1. The City Council hereby approves and authorizes the City Manager to execute the
following agreements for the purchase of environmental mitigation credits for the Keiser Avenue
Reconstruction Project- Phase 3 CIP1718, Habitat Mitigation and Monitoring Plan CIP2024, and
Dowdell Avenue Extension Project-Phase 1 CIP2020, in the forms attached with minor revisions
as may be approved by the City Manager and City Attorney: (a) a Purchase Agreement with
Laguna Valley Mitigation Bank for a purchase price of$552,500 for 0.65 acres of wetland
credits; (b) a Purchase Agreement with Hazel Mitigation Bank for a purchase price of$300,000
for 0.30 acres of wetland credits; and (c) a Purchase Agreement with Alton North Conservation
Bank for a purchase price of$355,000 for 1.6 acres of California Tiger Salamander credits.
2. The City Council authorizes up to $50,000 contingency for the CTS credit purchase.
3. The City Council further authorizes the issuance of three (3) separate checks for a total
amount of$1,207,500.
4. The City Council further authorizes the City Manager to take all actions necessary
to implement the Agreements, including without limitation, executing all documents pertaining
to same for and on behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED this 9th day of April, 2024.
CITY OF ERT PARK
ATTEST: Susan . Adams, Mayor
Sylvia Lopez C , ' Clerk
APPROVED AS TO FORM:
,5 EE A T4L /El
Michelle M. Kenyon, City Attorney
Attachments: Purchase Agreement with Hazel Mitigation Bank, Purchase Agreement with
Laguna Valley Mitigation Bank & Purchase Agreement with Alton Lane Conservation Bank
ELWARD: RODRIGUEZ: SANBORN: GIUDICE: ADAMS: ��
A S: ( ) NOES: ( ABSENT: (STAIN: (03
4882-8679-9025 v i Resolution 2024-024
Page 2 of 2
WHEREAS, City staff recommends that the City Council authorize the City Manager to
enter into and execute the Agreements with the mitigation banks, purchase the mitigation credits
and authorize related actions necessary for the implementation of these Agreements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that:
1. The City Council hereby approves and authorizes the City Manager to execute the
following agreements for the purchase of environmental mitigation credits for the Keiser Avenue
Reconstruction Project- Phase 3 CIP1718, Habitat Mitigation and Monitoring Plan CIP2024, and
Dowdell Avenue Extension Project-Phase 1 CIP2020, in the forms attached with minor revisions
as may be approved by the City Manager and City Attorney: (a) a Purchase Agreement with
Laguna Valley Mitigation Bank for a purchase price of$552,500 for 0.65 acres of wetland
credits; (b) a Purchase Agreement with Hazel Mitigation Bank for a purchase price of$300,000
for 0.30 acres of wetland credits; and (c) a Purchase Agreement with Alton North Conservation
Bank for a purchase price of$355,000 for 1.6 acres of California Tiger Salamander credits.
2. The City Council authorizes up to $50,000 contingency for the CTS credit purchase.
3. The City Council further authorizes the issuance of three (3) separate checks for a total
amount of$1,207,500.
4. The City Council further authorizes the City Manager to take all actions necessary
to implement the Agreements, including without limitation, executing all documents pertaining
to same for and on behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED this 9th day of April, 2024.
CITY OF ROHNERT PARK
ATTEST: Susan H. Adams, Mayor
Sylvia Lopez Cuevas, City Clerk
APPROVED AS TO FORM:
Michelle M. Kenyon, City Attorney
Attachments: Purchase Agreement with Hazel Mitigation Bank, Purchase Agreement with
Laguna Valley Mitigation Bank& Purchase Agreement with Alton Lane Conservation Bank
ELWARD: RODRIGUEZ: SANBORN: GIUDICE: ADAMS:
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
4882-8679-9025 v1 Resolution 2024-024
Page 2 of 2
Attachment 1 to Resolution
4868-5352-6449 v1
WETLAND CREATION MITIGATION CREDITS
PURCHASE AGREEMENT WITH HAZEL MITIGATION PRESERVE, LLC (“AGREEMENT”) This “Agreement” is made as of this ______ day of _________, 2024 by and between the City of Rohnert Park, a California municipal corporation, (“Project Proponent”), and Hazel Mitigation Preserve, LLC, a California limited liability company, (“Bank Sponsor”), herein collectively referred to as “Parties.” RECITALS
A. Bank Sponsor has developed Hazel Mitigation Bank (“Hazel”) located in Sonoma
County, California for the purpose of providing mitigation credits.
B. Hazel was approved by the U.S. Fish and Wildlife Service (“Service”), the California
Department of Fish and Wildlife (“CDFW”), the U.S. Army Corps of Engineers
(“Corps”), the U.S. Environmental Protection Agency, and the North Coast Regional
Water Quality Control Board of the State of California, collectively referred to as the
“Approving Agencies,” on May 1, 2006.
C. Bank Sponsor has received approval from the Approving Agencies to offer wetland
creation mitigation credits (“Wetland Credits”) for sale as compensation for the loss of
wetland habitat type as specified in Hazel Mitigation Bank's Bank Enabling Instrument
(“BEI”). The BEI establishes guidelines and responsibilities for the establishment, use,
operation, and maintenance of Hazel by Bank Sponsor.
D. Project Proponent desires to purchase 0.30 acre of wetland credits for the Keiser Avenue
Reconstruction Project, the Dowdell Extension Project, and the Water Tank #8 Project as
described in Exhibit A (“Projects”), which will unavoidably impact wetland habitat, and
Project Proponent seeks to compensate for the loss of such wetland habitat by purchasing
Wetland Credits.
E. Project Proponent desires to purchase 0.30 acre of Wetland Credits from Bank Sponsor’s
Hazel as described above in accordance with the terms of this Agreement.
F. Project Proponent is required to purchase 0.30 acre of Wetland Credits as mitigation for
the following Projects:
o Keiser Avenue Reconstruction Project: Corps Project Number SPN-2023-00313,
o Dowdell Extension Project: Corps Project Number SPN-2022-00408, and
o Water Tank #8 Project: Regional Water Quality Control Board (“RWQCB”)
Project Number WDID 1B180143WNSO
G. The Parties have negotiated the terms pursuant to which Project Proponent will purchase
and Bank Sponsor will sell Wetland Credits and have reduced such terms to writing.
Attachment 1 to Resolution
4868-5352-6449 v1
AGREEMENT NOW, THEREFORE, Project Proponent and Bank Sponsor agree as follows:
1. Project Proponent agrees to purchase from Bank Sponsor’s Bank 0.30 acre of Wetland
Credits at a cost of $300,000 (Three Hundred Thousand Dollars) (“Purchase Price”).
2. Within seventy-five (75) calendar days of execution of this Agreement, Project Proponent
shall pay the Purchase Price to Bank Sponsor.
3. Bank Sponsor shall provide to Project Proponent and Approving Agencies an executed
“Bill of Sale” in the form attached as Exhibit B and an executed “Payment Receipt” in
the form attached as Exhibit C, no later than five (5) calendar days after payment by
Project Proponent.
4. Bank Sponsor represents and warrants to Project Proponent that Hazel was approved by
the Approving Agencies, is in good standing with the Approving Agencies, has good and
marketable title to the Wetland Credits, and is fully qualified to sell the Wetland Credits
described herein.
5. Project Proponent shall have no obligation whatsoever by reason of the purchase of the
Wetland Credits to support, pay for, monitor, report on, sustain, continue in perpetuity, or
otherwise be obligated or liable for the success or continued expense or maintenance in
perpetuity of the Wetland Credits sold or Hazel. Pursuant to the BEI for Hazel, Bank
Sponsor shall monitor and make reports to the appropriate agency or agencies on the
status of any Wetland Credits sold to Project Proponent. Bank Sponsor shall be fully and
completely responsible for satisfying any and all conditions placed on Hazel or the
compensatory Wetland Credits by the Approving Agencies, including any further actions
required by Approving Agencies.
6. Bank Sponsor agrees not to enter into any agreement that would over-sell the interest in
Hazel or diminish the number of Wetland Credits allocated to Project Proponent under
this Agreement.
7. The purchase of Wetland Credits is not intended as a purchase or transfer to Project
Proponent of a security, license, lease, easement, or possessory or non-possessory interest
in real property, nor the granting of any interest of the foregoing.
8. The Wetland Credits purchased shall be non-transferable, shall be non-assignable, and
shall not be used as mitigation for any other project or purpose except as set forth herein.
9. This Agreement shall be governed, construed, and enforced in accordance with the laws
of the State of California. Venue of any litigation arising out of or connected with this
Agreement shall lie exclusively in the State of California’s trial court located in the
County of Sonoma, and the Bank Sponsor and Project Proponent consent to jurisdiction
over their persons and over the subject matter of any such litigation in such court, and
consent to service of process issued by such court.
Attachment 1 to Resolution
4868-5352-6449 v1
Except as otherwise specifically provided in this Agreement, any notice, submittal, or
communication required or permitted to be served on Bank Sponsor or Project Proponent
hereto may be served by personal delivery to the person or the office of the person
identified below, or by mail by placing first-class postage affixed thereto and addressed
as indicated below and depositing said envelope in the United States mail.
Project Proponent: City of Rohnert Park Attention: Marcela Piedra City Manager 600 Enterprise Drive Rohnert Park, CA 94928 Office Phone: 707-588-2228
Bank Sponsor: Harvey O. Rich Managing Member Hazel Mitigation Preserve, LLC 336 Bon Air Center, #232 Greenbrae, CA 94904 Cell Phone: 415-706-2540 10. Project Proponent must exercise its right to purchase Wetland Credits within seventy-five (75) calendar days after the date of this Agreement. After the seventy-five (75) day period, this Agreement will be considered null and void. 11. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original, and the counterpart signature pages may be detached and assembled to form a single original Agreement.
BANK SPONSOR:
Hazel Mitigation Preserve, LLC
A California limited liability company
By:______________________________
Harvey O. Rich
Managing Member
Date: ________________, 2024
PROJECT PROPONENT:
City of Rohnert Park
A California municipal corporation
By:
Marcela Piedra
City Manager Manager
Date: __________________, 2024
Attachment 1 to Resolution
4868-5352-6449 v1
Exhibit “B” – Page 1
Hazel Mitigation Preserve, LLC
336 Bon Air Center - Box 232, Greenbrae, CA 94904
(415) 472-1086
BILL OF SALE
Buyer: City of Rohnert Park
Type and Number of Credits: 0.30 Acre of Wetland Credits
Project Names and Assessor’s Parcel Numbers (APN):
Project Names: Project APN(s):
Dowdell Extension Project 045-075-018, 045-075-020, 045-075-021,
and Right of Way between Golf Course
Drive and Business Park Drive
Keiser Avenue Reconstruction Project Snyder Lane Right of Way.
Water Tank #8 Project 047-132-038
Contract Date: ____________, 2024
Service File Number:
Army Corps Numbers: Keiser Avenue Reconstruction Project: SPN-2023-00313
Dowdell Extension Project: SPN-2022-00408
RWQCB Numbers: Keiser Avenue Reconstruction Project: WDID IB23084WNSO
Dowdell Extension Project: WDID 23030WNSO
Water Tank #8 Project: WDID 1B180143WNSO
CDFW Number:
In consideration of $300,000 (Three Hundred Thousand Dollars), receipt of which is per the
terms of the agreement, which is hereby acknowledged by Hazel Mitigation Preserve, LLC, a
California limited liability company, and the City of Rohnert Park, a California municipal
corporation, herein referred to as the “Buyer,” Buyer has purchased and owns the right and title
to 0.30 acre of wetland creation credits (“Wetland Credits”) in the Hazel Mitigation Bank in
Sonoma County, California, developed by Hazel Mitigation Preserve, LLC and approved by the
U.S. Fish and Wildlife Service, the U.S. Army Corps of Engineers, the U.S. Environmental
Protection Agency, the California Department of Fish and Wildlife, and the North Coast
Regional Water Quality Control Board of the State of California.
Attachment 1 to Resolution
4868-5352-6449 v1
Exhibit “B” – Page 2
Hazel Mitigation Preserve, LLC represents and warrants that it has good title to the Wetland
Credits, has good right to sell the same, and that they are free and clear of all claims, liens, or
encumbrances.
Hazel Mitigation Preserve, LLC covenants and agrees with the Buyer to warrant and defend the
sale of the Wetland Credits herein before described against all and every person and persons
whomsoever may lawfully claiming or to claim the same.
Dated: ___________________, 2024
Hazel Mitigation Preserve, LLC
A California limited liability company _________________________________ By: Harvey O. Rich Its: Managing Member
Attachment 1 to Resolution
4868-5352-6449 v1
Exhibit “C” – Page 1
Hazel Mitigation Preserve, LLC
336 Bon Air Center - Box 232
Greenbrae, CA 94904
(415) 472-1086
PAYMENT RECEIPT
PROJECTS: Keiser Avenue Reconstruction Project, Dowdell Extension Project, &
Water Tank #8 Project
PAYMENT RECEIPT: 0.30 Acre of Wetland Credits
PARTICIPANT INFORMATION: Name: City of Rohnert Park
Address: 600 Enterprise Drive, Rohnert Park, CA 94928 Rohnert Park, CA 94928
Telephone: 707-588-2228
Contact: Marcela Piedra, City Manager
PROJECT INFORMATION: Project Description: Keiser Avenue Reconstruction Project, Dowdell Extension Project, and Water Tank #8 Project
Army Corps File Numbers: Keiser Avenue Reconstruction Project: SPN-2023-00313
Dowdell Extension Project: SPN-2022-00408
Service Number:
RWQCB Numbers: Keiser Avenue Reconstruction Project: WDID 1B23084WNSO
Dowdell Extension Project: WDID 23030WNSO
Water Tank #8 Project: WDID 1B180143WNSO
CDFW Number:
Species/Habitat Affected: Wetlands
Credits Purchased: 0.30 Acre of Wetland Credits
Payment Amount: $300,000 (Three Hundred Thousand Dollars)
Project Location: Rohnert Park, CA
County: Sonoma
Assessor’s Parcel Numbers:
Project Names Project APN(s)
Dowdell Extension Project 045-075-018, 045-075-020, 045-075-021,
and Right of Way between Golf Course
Drive and Business Park Drive
Keiser Avenue Reconstruction Project Snyder Lane Right of Way
Water Tank #8 Project 047-132-038
Attachment 1 to Resolution
4868-5352-6449 v1
Exhibit “C” – Page 2
PAYMENT INFORMATION: Payee: Hazel Mitigation Preserve, LLC, a California limited liability company
Payor: City of Rohnert Park, CA, a California municipal corporation
Amount: $300,000 (Three Hundred Thousand Dollars)
Method of Payment: Check
RECEIVED: Hazel Mitigation Preserve, LLC, A California limited liability company By: _________________________ Date: _______________ Harvey O. Rich Managing Member
Attachment 2 to Resolution
Credit Sales Confirmation/Agreement
Laguna Valley Mitigation Bank
Laguna Valley Mitigation Bank, 2267 Llano Road, Santa Rosa, CA 95407
To: U.S. Army Corps of Engineers
U.S. Environmental Protection Agency
Sale Number: Sale Date:
This is to confirm that the Laguna Valley Mitigation Bank sold to: City of Rohnert Park
(project proponent) 7.0 wetland creation credits (1.0 credit = 1.0 acre) for seasonal
wetlands.
These credits have been purchased to mitigate the impacts caused by the filling of
wetlands at the Dowdell Extension project located in Sonoma County Assessor Parcel
Nos. 045-075-018, 045-075-020, and 045-075-021, and the right of way between Golf
Course Drive and Business Park Drive and US Army Corps of Engineers File No.
SPN-2022-00408.
These credits were bought by the purchaser at his/her own risk, with or without specific
authorizing permits, and upon his/her belief that such permit may be forthcoming in the
future, or for possible sale to another project proponent. By signing below, the buyer of
these credits acknowledges that he/she have been forewarned by the Laguna Valley
Mitigation Bank that he/she may not be able to use the purchased credits without a
specific permit from the relevant authorities/agencies, and that further sale to other
project proponent(s) will require reporting to the Mitigation Bank Review Team (MBRT).
Laguna Valley Mitigation Bank: Project Proponent/Purchaser:
_______________________________ _____________________________
Aaron Fairbrook
SRCD Bank Operator Signature
_____________________________
Printed Name and Title
Attachment 3 to Resolution
AGREEMENT FOR SALE OF
CALIFORNIA TIGER SALAMANDER MITIGATION CREDITS (“AGREEMENT”)
SERVICE File No.: ________________
This Agreement is entered into this _______day of __________, 2024 by and between Alton Preserve, LLC, a California limited liability company (“Bank Sponsor”), and City of Rohnert Park, a California municipal corporation (“Project Proponent”), collectively referred to herein as “Parties,” as follows: RECITALS A. Bank Sponsor has developed Alton Lane Conservation Bank (“Bank”) located in Sonoma County, California; and B. Bank was approved, in 2023, by the U.S. Fish and Wildlife Service (“Service”) and the California Department of Fish and Wildlife (“CDFW”), collectively referred to as the “Approving Agencies”; and C. Bank Sponsor has received approval from the Approving Agencies to offer California tiger salamander (“CTS Credits”) for sale as compensation for the loss of California tiger salamander habitat type as specified in the Conservation Bank Enabling Instrument (“CBEI”); and D. Project Proponent is seeking to implement the projects described in Exhibit A attached hereto (“Project”), which would unavoidably and adversely impact California tiger salamander habitat and seeks to compensate for the loss of such habitat by purchasing compensatory CTS Credits from Bank Sponsor’s Bank; and E. Project Proponent has been authorized by the Service, Service File No.: ____________, to purchase _______acres of CTS Credits from Bank; and F. Project Proponent desires to purchase from Bank Sponsor’s Bank and Bank Sponsor desires to sell to Project Proponent _______ acres of CTS Credits. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Bank Sponsor hereby agrees to sell to Project Proponent and Project Proponent hereby agrees to purchase from Bank Sponsor’s Bank _____ acres of CTS Credits for the purchase price of $____________ (_______________________________Dollars) (“Purchase Price”). Within seventy-five (75) days of execution of this Agreement, Project Proponent shall pay the Purchase Price to Bank Sponsor. Bank Sponsor will then deliver to Project Proponent an executed “Bill of Sale” in the manner and form as attached hereto and marked Exhibit B. The purchase price for said CTS Credits shall be paid to Bank Sponsor according to written instructions by Bank Sponsor to Project Proponent, no later than five (5) calendar days after payment. 2. Bank Sponsor represents and warrants to Project Proponent that Bank was approved by the Approving Agencies, is in good standing with the Approving Agencies, has good and marketable title to the CTS Credits, and is fully qualified to sell the CTS Credits described herein.
Attachment 3 to Resolution
Page 2 3. The sales and transfer herein are not intended as a sale or transfer to Project Proponent of a security, license, lease, easement, or possessory or non-possessory interest in real property, nor the granting of any interest of the foregoing. 4. Project Proponent shall have no obligation whatsoever by reason of the purchase of the compensatory credits to support, pay for, monitor, report on, sustain, continue in perpetuity, or otherwise be obligated or liable for the success or continued expense or maintenance in perpetuity of the CTS Credits sold, or the Bank. Pursuant to the CBEI for the Bank, Bank Sponsor shall monitor and make reports to the appropriate agency or agencies on the status of any compensatory CTS Credits sold to Project Proponent. Bank Sponsor shall be fully and completely responsible for satisfying any and all conditions placed on Bank or the compensatory CTS Credits by all state or federal jurisdictional agencies. 5. The compensatory CTS Credits sold and transferred to Project Proponent shall be non-transferable and non-assignable, and shall not be used as compensatory mitigation for any other Project or purpose, except as set forth herein. 6. Project Proponent must exercise his/her/its right to purchase within seventy-five (75) days of the approval date of this Agreement. After the seventy-five (75) day period this Agreement will be considered null and void. IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written. BANK SPONSOR: Alton Preserve, LLC A California limited liability company _______________________________ By: Harvey O. Rich Its: Managing Member Date: __________________________ PROJECT PROPONENT: City of Rohnert Park A California municipal corporation _______________________________ By: Marcela Piedra City Manager Date: __________________________
Attachment 3 to Resolution
BANK SOURCE: Alton Lane Conservation Bank PROJECTS: Dowdell Project APPROVED BY SERVICE: This Agreement fulfills ___________ acres of California tiger salamander mitigation requirement, as specified under Service File No.: __________________ UNITED STATES DEPARTMENT OF THE INTERIOR FISH AND WILDLIFE SERVICE By: __________________________________________ Title: _______________________________________ Dated: _______________________________________
Attachment 3 to Resolution
Exhibit "A"
DESCRIPTION OF PROJECT
TO BE MITIGATED
· Project Proponent: City of Rohnert Park
· Projects: Dowdell Project
· Agency Numbers: U.S. Fish and Wildlife Service File No.: U.S. Army Corps of Engineers File Nos.:
§ Dowdell Project: SPN: 2022-00498 California Department of Fish and Wildlife File No.:
Regional Water Quality Control District File Nos.:
§ Dowdell Project: WDID 23030WNSO
· Project Assessor’s Parcel Numbers: Dowdell Project: 045-075-018, 045-075-020, and 045-075-021
Attachment 3 to Resolution
Exhibit “B” Alton Preserve, LLC
336 Bon Air Center – Box 232,
Greenbrae, CA 94904
(415) 706-2540 BILL OF SALE Buyer: City of Rohnert Park Type and Number of Credits: _________ Acres of CTS Credits
Project Names: Dowdell Project
Assessor’s Parcel Numbers: Dowdell: 045-075-018, 045-075-020, 045-075-021 Contract Date: _____________, 2024 Army Corps File Numbers:
· Dowdell Project: SPN-2022-00408 Service Number:
·
RWQCB Numbers:
· Dowdell Project: WDID23030WNSO CDFW Number:
· In consideration of $___________ (____________________________Dollars), receipt of which is hereby acknowledged, Alton Preserve, LLC, a California limited liability company, does hereby bargain, sell, and transfer to the City of Rohnert Park , herein referred to as “Buyer,” ______ acres of California tiger salamander credits (“CTS Credits”) in the Alton Lane Conservation Bank in Sonoma County, California, developed, and approved by the U.S. Fish and Wildlife Service and the California Department of Fish and Game. Alton Preserve, LLC represents and warrants that it has good title to the CTS Credits, has good right to sell the same, and that they are free and clear of all claims, liens, or encumbrances. Alton Preserve, LLC covenants and agrees with the Buyer to warrant and defend the sale of the CTS Credits herein before described against all and every person and persons whomsoever lawfully claiming or to claim the same. DATED: _____________, 2024 Alton Preserve, LLC A California limited liability company By: _____________________________ Harvey O. Rich, Managing Member
Attachment 3 to Resolution
Exhibit “C” Alton Preserve, LLC
336 Bon Air Center - Box 232
Greenbrae, CA 94904
(415) 472-1086
PROJECT: ALTON LANE CONSERVATION BANK
PAYMENT RECEIPT: _______ ACRES OF CTS CREDITS
PARTICIPANT INFORMATION: Name: City of Rohnert Park
Address: 600 Enterprise Drive, Rohnert Park, CA 94928
Telephone: 707-588-2223
Contact: Marcela Piedra, City Manager
PROJECT INFORMATION: Project Description: Dowdell Project
Army Corps File Numbers:
· Dowdell Project: SPN-2022-00408 Service Number:
·
RWQCB Numbers:
· Dowdell Project: WDID23030WNSO CDFW Number:
·
Species/Habitat Affected: California tiger salamander habitat
Credits Purchased: ________ acres of CTS Credits
Payment Amount: $___________ (______________________Dollars)
Project Location: City of Rohnert Park, CA
County: Sonoma County
Assessor’s Parcel Numbers: Dowdell Project: 045-075-018, 045-075-0209, and 045-075-021
PAYMENT INFORMATION: Payee: Alton Preserve, LLC, a California Limited liability company
Payor: City of Rohnert Park
Amount: $_________ (_______________________Thousand Dollars)
Method of Payment: Check
RECEIVED:
Alton Preserve, LLC,
Attachment 3 to Resolution
A California limited liability company By: ______________________________ Harvey O. Rich Its: Managing Member Date: _____________________