Res 2008-055 - Laserfiche WebLink

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Letter Agreement April 10, 2008 The Nature Conservancy ATTN: John Herron, Director of Conservation 711 Navarro, Suite 410 San Antonio, TX 78205 Dear Mr. Herron I am writing to memorialize the City's agreement with The Nature Conservancy regarding the City of San Marcos' commitment for mitigation of endangered species habitat for the golden-cheeked warbler (Dendroica chrysoparia). By Agreement with the United States Department of the Interior, Fish and Wildlife Service ("FWS"), the City has agreed to a mitigation measure that involves contributing $149,969.31 to a fund for the conservation ofgolden-cheeked warbler. The Nature Conservancy is agreeing to accept the sum of $149,969.31 from the City of San Marcos, Texas for the purpose of protecting approximately 24 acres of quality habitat for the golden-cheeked warbler in Hays County, Texas. The funds may be used for the acquisition of fee simple title or conservation easement to be owned or held by The Nature Conservancy or other entity selected by the Conservancy. As FWS has confnmed with the Conservancy: • these funds may be combined with other funds and/or lands to meet the protection goal so long as there is adequate habitat which is recognized and designated as golden-cheeked warbler habitat by deed or other legal instrument; • the funds may be used as matching funds on a grant provided that, if the funds are used to match U.S. Fish and Wildlife Service grant programs, the decision on whether they can be used as match will be at the discretion of the U.S. Fish and Wildlife Service; • the funds may be used for the acquisition price, closing costs, stewardship endowment, direct and indirect costs associated with the acquisition, and other reasonable costs; • in the event fee simple title is acquired, the land may be transferred to a third party subject to a conservation easement or other appropriate restrictions for the protection of the habitat; • the determination of sufficient habitat for the site shall be within The Nature Conservancy's discretion; however, the Conservancy will coordinate with the U.S Fish and Wildlife Service to demonstrate that the property has either occupied golden-cheeked warbler habitat or is adjacent to habitat and will add to its long term viability; and • the funds cannot be used to count towards mitigation required or recommended under any U. S. Fish and Wildlife Service Habitat Conservation Plan. p. 1 of 2