Salinas City Council
February 25, 2025

INFORMATIONAL NOTES
Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction.

1. General and special taxes and assessments for the fiscal year 2024-2025.

First Installment: $1,081.42, PAID
Penalty: $0.00
Second Installment: $1,081.42, PAID
Penalty: $0.00
Tax Rate Area: 005033
A. P. No.: 003-212-007-000
Affects: The land and other property.

2. General and special taxes and assessments for the fiscal year 2024-2025.

First Installment: $1,631.33, PAID
Penalty: $0.00
Second Installment: $1,631.33, PAID
Penalty: $0.00
Tax Rate Area: 005015
A. P. No.: 003-212-015-000
Affects: The land and other property.

3. General and special taxes and assessments for the fiscal year 2024-2025.

First Installment: $4,497.55, PAID
Penalty: $0.00
Second Installment: $4,497.55, PAID
Penalty: $0.00
Tax Rate Area: 005015
A. P. No.: 003-212-016-000
Affects: The land and other property.

4. General and special taxes and assessments for the fiscal year 2024-2025.

First Installment: $10.26, PAID
Penalty: $0.00
Second Installment: $10.26, PAID
Penalty: $0.00
Order Number: 2714-7211373
Page Number: 7
First American Title

Tax Rate Area: 005015
A. P. No.: 003-821-033-000

5. According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) COMMERCIAL STRUCTURE known as 618 SHERWOOD DRIVE, SALINAS, CA.
(Affects APN: 003-212-016)

6. The property covered by this report is vacant land.
(Affects APN'S: 003-212-007; 003-212-015 AND 003-821-033)

7. According to the public records, there has been no conveyance of the land within a period of twenty- four months prior to the date of this report, except as follows:

None

8. We find no outstanding voluntary liens of record affecting subject property. Disclosure should be made concerning the existence of any unrecorded lien or other indebtedness which could give rise to any possible security interest in the subject property.

The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached.

Order Number: 2714-7211373
Page Number: 8
First American Title

LEGAL DESCRIPTION
Real property in the City of Salinas, County of Monterey, State of California, described as follows:
“Parcel III" and a portion of “Parcel I" as described in the Grant Deed recorded January 25, 2017, as Document Number 2017004453, of the Official Records of said county, more particularly described as follows:

Beginning at the most Westerly corner of said Parcel I; thence along the common line of the Westerly boundary of said Parcel I and the Easterly boundary of the land conveyed to the City of Salinas by the deed recorded November 15, 1972, in Reel 810, Page 3, of the Official Records of Monterey County; thence
1) North 27° 41' 54" East (North 27° 36' 45" East, per said deed recorded in Reel 810, Page 3), 1,156.85 feet; thence
2) North 29° 39' 14" East (North 27° 34' 05" East, per said deed recorded in reel 810, Page 3), 205.13 feet; thence
3) North 27° 41' 55" East, 82.88 feet (North 27° 36' 45" East, 83.21 feet, per said deed recorded in Reel 810, Page 3), more or less, to a railroad spike at the most Westerly corner of said Parcel III; thence along the boundary of said Parcel III
4) North 27° 42' 00" East, 21.09 feet to the most Northerly corner of said Parcel III; thence 5) South 80° 46' 00" East, 145.00 feet to a 3/4-inch iron pipe tagged “ls 3376" at the Northeasterly corner of said Parcel III; thence
6) South 09° 14' 00" West, 20.00 feet to a 3/4-inch iron pipe at the Southeasterly corner of said Parcel III and a point on the Northerly boundary of said Parcel I; thence along the boundary of said Parcel I 7) South 80° 46' 00" East, 281.19 feet; thence
8) South 07° 19' 00" East, 30.00 feet, at 25.56 feet, joining the Southwesterly boundary of Parcel II, as described in said Grant Deed recorded January 25, 2017, as Document Number 2017004453; thence along the common line of said Parcel I and Parcel II; thence 9) South 67° 32' 00" East, 39.37 feet; thence departing said common line 10) South 18° 11' 22" West, 159.78 feet; thence
11) Southwesterly 95.94 feet along the arc of a tangent curve to the right having a radius of 78.00 feet, through a central angle of 70° 28' 32"; thence
12) Southwesterly 214.00 feet along a reverse curve to the left having a radius of 194.00 feet, through a central angle of 63° 12' 14"; thence
13) Southwesterly 189.04 feet along a reverse curve to the right having a radius of 216.00 feet, through a central angle of 50° 08' 42"; thence
14) Southwesterly 292.23 feet along the arc of a non-tangent curve to the left having a radius of 332.53 feet (a radial bearing to the center point of said curve bears South 14° 20' 33" East), through a central angle of 50° 21' 09"; thence
Order Number: 2714-7211373
Page Number: 9
First American Title

15) Southwesterly 209.35 feet along the arc of a non-tangent curve to the right having a radius of 310.58 feet (a radial bearing to the center point of said curve bears North 63° 12' 14" West), through a central angle of 38° 37' 15"; thence
16) Southwesterly 272.41 feet along a reverse curve to the left having a radius of 289.42 feet, through a central angle of 53° 55' 42"; thence
17) Southwesterly 166.42 feet along a reverse curve to the right having a radius of 210.58 feet, through a central angle of 45° 16' 49"; thence
18) Southwesterly 33.66 feet along a reverse curve to the left having a radius of 89.42 feet, through a central angle of 21° 34' 02"; thence
19) South 35° 12' 07" West, 50.03 feet to a point on the Southerly boundary of said Parcel I; thence along said Southerly boundary; thence
20) South 85° 26' 00" West, 37.84 feet to the Point of Beginning.

APN: 003-821-033 AND PORTION OF APN'S: 003-212-015; 003-212-016 AND 003-212-007 Order Number: 2714-7211373
Page Number: 10
First American Title

Order Number: 2714-7211373
Page Number: 11
First American Title

NOTICE
Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub- escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible.

Order Number: 2714-7211373
Page Number: 12
First American Title

EXHIBIT A

LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE [(07-01-2021) v. 01.00]

EXCLUSIONS FROM COVERAGE
The following matters are excluded from the coverage of this policy and We will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:

1. a. any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) that restricts, regulates, prohibits, or relates to:
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement on the Land; iii. the subdivision of land; or
iv. environmental remediation or protection.
b. any governmental forfeiture, police, or regulatory, or national security power. c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b.

Exclusion 1 does not modify or limit the coverage provided under Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23, or 27.

2. Any power to take the Land by condemnation. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 17.

3. Any defect, lien, encumbrance, adverse claim, or other matter:
a. created, suffered, assumed, or agreed to by You;
b. not Known to Us, not recorded in the Public Records at the Date of Policy, but Known to You and not disclosed in writing to Us by You prior to the date You became an Insured under this policy; c. resulting in no loss or damage to You;
d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 5, 8.f., 25, 26, 27, 28, or 32); or
e. resulting in loss or damage that would not have been sustained if You paid consideration sufficient to qualify You as a bona fide purchaser of the Title at the Date of Policy.

4. Lack of a right:
a. to any land outside the area specifically described and referred to in Item 3 of Schedule A; and b. in any street, road, avenue, alley, lane, right-of-way, body of water, or waterway that abut the Land.

Exclusion 4 does not modify or limit the coverage provided under Covered Risk 11 or 21.

5. The failure of Your existing structures, or any portion of Your existing structures, to have been constructed before, on, or after the Date of Policy in accordance with applicable building codes. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 14 or 15.

6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights law, that the transfer of the Title to You is a:
a. fraudulent conveyance or fraudulent transfer;
b. voidable transfer under the Uniform Voidable Transactions Act; or c. preferential transfer:
i. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or
ii. for any other reason not stated in Covered Risk 30.

7. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.

8. Negligence by a person or an entity exercising a right to extract or develop oil, gas, minerals, groundwater, or any other subsurface substance.

9. Any lien on Your Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 9 does not modify or limit the coverage provided under Covered Risk 8.a. or 27.

10. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land.

LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner’s Coverage Statement as follows:

For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.

The deductible amounts and maximum dollar limits shown on Schedule A are as follows:

Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16: 1% of Policy Amount Shown in Schedule A or $2,500 $10,000 (whichever is less)
Covered Risk 18: 1% of Policy Amount Shown in Schedule A or $5,000 $25,000 (whichever is less)
Covered Risk 19: 1% of Policy Amount Shown on Schedule A or $5,000 $25,000 (whichever is less)
Covered Risk 21: 1% of Policy Amount Shown on Schedule A or $2,500 $5,000 (whichever is less)
Order Number: 2714-7211373
Page Number: 13
First American Title

ALTA OWNER'S POLICY [(07-01-2021) V. 01.00]
CLTA STANDARD COVERAGE OWNER'S POLICY [(02-04-22) V. 01.00]

EXCLUSIONS FROM COVERAGE
The following matters are excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys’ fees, or expenses that arise by reason of:

1. a. any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) that restricts, regulates, prohibits, or relates to:
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement on the Land; iii. the subdivision of land; or
iv. environmental remediation or protection.
b. any governmental forfeiture, police, regulatory, or national security power. c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b.

Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6.

2. Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7.

3. Any defect, lien, encumbrance, adverse claim, or other matter:
a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at the Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 9 or 10); or
e. resulting in loss or damage that would not have been sustained if consideration sufficient to qualify the Insured named in Schedule A as a bona fide purchaser had been given for the Title at the Date of Policy.

4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights law, that the transaction vesting the Title as shown in Schedule A is a:
a. fraudulent conveyance or fraudulent transfer;
b. voidable transfer under the Uniform Voidable Transactions Act; or c. preferential transfer:
i. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or
ii. for any other reason not stated in Covered Risk 9.b.

5. Any claim of a PACA-PSA Trust. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 8.

6. Any lien on the Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 6 does not modify or limit the coverage provided under Covered Risk 2.b.

7. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land.

NOTE: The 2021 ALTA Owner’s Policy may be issued to afford either Standard Coverage or Extended Coverage. In addition to variable exceptions such as taxes, easements, CC&R’s, etc., the Exceptions from Coverage in a Standard Coverage policy will also include the Western Regional Standard Coverage Exceptions listed below as numbers 1 through 7. The 2021 CLTA Standard Coverage Owner’s Policy will include the Western Regional Standard Coverage Exceptions listed below as numbers 1 through 7.

EXCEPTIONS FROM COVERAGE
Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This policy treats any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document are excepted from coverage.

This policy does not insure against loss or damage and the Company will not pay costs, attorneys’ fees, or expenses resulting from the terms and conditions of any lease or easement identified in Schedule A, and the following matters:

1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.

2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.

3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.

4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records.

5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.

6. Any lien or right to a lien for services, labor or material unless such lien is shown by the Public Records at Date of Policy.

7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, Order Number: 2714-7211373
Page Number: 14
First American Title

uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B.
2006 ALTA OWNER'S POLICY (06-17-06)

EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:

1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.

2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.

3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.

4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction vesting the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.

5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.

NOTE: The 2006 ALTA Owner’s Policy may be issued to afford either Standard Coverage or Extended Coverage. In addition to variable exceptions such as taxes, easements, CC&R’s, etc., the Exceptions from Coverage in a Standard Coverage policy will also include the Western Regional Standard Coverage Exceptions listed below as numbers 1 through 7.

EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys’ fees or expenses, that arise by reason of:

The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:

1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.

2. Any facts, rights, interests, or claims that are not shown by the Public Records at Date of Policy but that could be (a) ascertained by an inspection of the Land, or (b) asserted by persons or parties in possession of the Land.

3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records at Date of Policy.

4. Any encroachment, encumbrance, violation, variation, easement, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records at Date of Policy.

5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.

6. Any lien or right to a lien for services, labor, material or equipment unless such lien is shown by the Public Records at Date of Policy.

7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B.

CARR LAKE RESTORATION & PARK DEVELOPMENT
Salinas, California
January 2023

GABILAN CREEK

HOSPITAL CREEK

NATIVIDAD ROAD

SHERWOOD DRIVE

ALISAL CREEK

RECLAMATION DITCH

NATIVIDAD CREEK

HUMEDAL DE TRATAMIENTO /

TREATMENT WETLAND

HUMEDAL ESTACIONAL /

SEASONAL WETLAND

SALINAS UNION

HIGH SCHOOL

DISTRICT

PROPERTY
VIÁS DE DISTRIBUCIÓN /

DISTRIBUTARY CHANNELS

LLANURA SUJETA A
INUNDACIÓN /

INSET FLOODPLAIN

RIACHUELO DINAMICO DE

MULTIPROCESO /

DYNAMIC MULTI-THREAD
STREAM

LA POSADA WAY
LA POSADA DR.

PLANO GENERAL DEL SITIO | OVERALL SITE PLAN

SALINAS AIRPORT
HWY
101

NATIVIDAD

E LAUREL DR

E ALISAL ST

ESTACIONAMIENTO /

PARKING

ESTACIONAMIENTO /

PARKING

CARR LAKE RESTORATION & PARK DEVELOPMENT
Salinas, California
January 2023
ÁREA DE RECREO PARA PERROS /

DOG PARK
PISTA DE PATINAJE /

SKATE SPOT
JARDÍN DE PLANTAS NATIVAS/

NATIVE PLANT GARDEN

ANFITEATRO /

AMPHITHEATER
ÁREA DE RECREO /

PLAYGROUND
SHERWOOD DRIVE SERVICIOS DE BAÑO /

RESTROOM BUILDING
CANCHA DE BALONCESTO /

BASKETBALL COURT

MIRADOR / GAZEBO

LA POSADA WAY
SERVICIOS DE BAÑO /

RESTROOM BUILDING

CANCHA DE MULTIUSO /

MULTI-PURPOSE COURT

LA POSADA DRIVE
ÁREA DE PICNIC PARA GRUPOS PEQUEÑOS /

SMALL GROUP PICNIC AREA
ÁREA DE PICNIC PARA GRUPOS PEQUEÑOS /

SMALL GROUP PICNIC AREA
ÁREA DE PICNIC PARA GRUPOS PEQUEÑOS /

SMALL GROUP PICNIC AREA
ÁREA DE PICNIC PARA GRUPOS GRANDES
/ LARGE GROUP PICNIC AREA
ÁREA DE PICNIC PARA GRUPOS GRANDES
/ LARGE GROUP PICNIC AREA
PLANO DEL PARQUE VECINDARIO | NEIGHBORHOOD PARK PLAN

RUTA DE ENLACE A LA ESCUELA /

PATH LINK TO SCHOOL

CARR LAKE PARK PROJECT

MEMORANDUM OF UNDERSTANDING
This Me
morandum of Understanding (hereinafter "MOU") is entered into by and between CITY OF SALINAS, a California charter city and municipal corporation (“City”), and BIG SUR LAND TRUST, a California non-profit public benefit corporation ("BSLT")as of ________________________, 20______ (the "Effective Date"), for the purpose of coordinating and memorializing the planning, ownership and long term management of the Carr Lake Park Project as described below. Each entity is sometimes referred to individually as a “Party” and collectively as the “Parties.”

RECITAL
S
A. BSLT owns certain real property located in the City of Salinas, a part of the area commonly known as Carr Lake, consisting of approximately 73 acres, with 3 legal lots of record, and identified as APNs 003-212-016, 261-191-001, 261-191-007, 003-212-007, 003-212-015, and 003- 821-033 (the “Property”) more particularly described in Exhibit A. The Property is improved with two residential structures, one functioning water well, and one agricultural storage building. A

62.8-acre portion of the Property identified as “Agricultural Field” is currently leased for farming.

The residential structures identified as “Front House" and “Back House” are currently leased for residential use at below market rate rents. The Property, existing improvements and other features are depicted on the Existing Infrastructure Map attached as Exhibit B.

B. BSLT is
a 50l(c)(3) nonprofit corporation and a nationally accredited Land Trust whose mission is to inspire love of land across generations, conservation of our unique Monterey County landscapes, and access to outdoor experiences for all.

C. In 2008,
representatives of City reached out to BSLT to request assistance in exploring the feasibility of acquiring all or some portion of Carr Lake for public benefit. In 2009, City and BSLT signed an MOU, which formalized the mutual interest of the Parties to evaluate the constraints and opportunities associated with Carr Lake. This included BSLT conducting cordial meetings with the three property owners of Carr Lake to determine whether, acting together or separately, they were interested in selling some or all of their property. The MOU was extended until 2011, at which time BSLT provided a written report to City and indicated that the property owners elected not to move forward at that time.

D. In 2014, a real
estate agent representing one of the Carr Lake property owners, Ikeda Farms Partnership, contacted BSLT to see if there was still interest in the acquisition of their 73 - acre Carr Lake property. BSLT entered into a Purchase and Sale Agreement with the property owner in January 2016. BSLT raised public and private funding to purchase the property and assumed ownership in January 2017.

E. In 2016, B
SLT established a core group to help guide BSLT during the acquisition process and to begin to plan future community engagement. The core group included BSLT staff and Board members, City of Salinas Department Directors from Public Works, Community Development and Library and Community Services, and representatives from Building Healthy Communities, the Monterey County Department of Health, CSUMB's Watershed Institute, and Community Housing Improvement Systems & Planning Association (CHISPA). In 2017, BSLT expanded the core planning team into a larger Carr Lake Partners Group, composed of City Carr Lake Park Project MOU
3/6/24
March 19 24
DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 Carr La
ke Park Project MOU
3/6/24
staff as well as representatives from over a dozen Salinas-based organizations. A focus of the Carr Lake Partners Group in 2017 and early 2018 was to forge strong relationships, build understanding of the project and key parameters, and plan and implement some initial community engagement activities. By engaging with community partners early in the process, BSLT was able to develop key partnerships that allowed for a robust community engagement process in the following years.

F. In 2017 BS
LT began a planning, design and resident engagement process with the objective of developing a multi-benefit community park and open space ("Carr Lake Park Project" or “Park Project”) on the Property. Between 2018 and 2023, BSLT, working with community partners including Center for Community Advocacy, held nine (9) formal community meetings to engage residents in the iterative park design process, which included educating residents about Carr Lake, explaining the project, and soliciting resident ideas. In addition to the formal meetings, BSLT, Center for Community Advocacy and CSUMB’s Habitat Stewardship Project also held dozens of site tours, school field trips, educational programs, and community stewardship workdays at the site to engage residents of all ages and collect input on the project design. Over 6,700 residents have participated in these project activities. The input collected was analyzed and considered by BSLT’s design consultant team, and incorporated into the park design plan to the greatest extent feasible. As a result, the project design directly reflects this community input and guidance.

G. Implem
entation of the Carr Lake Park Project realizes a goal long held by City and its residents, as exemplified by its consistency with the following city plans and initiatives, dating back to 2002:

1. 2002 Gen e ral Plan: Identifies the Carr Lake Land Use Designation as “Park.”

2. A Vision Plan for Carr Lake Regional Park 2003: Commissioned by City, this plan states that "The location of Carr Lake at the city's center presents a unique opportunity for the creation of a park and natural area like none other, abundant with opportunities for recreation, habitat, education, and flood control."

3. 2014 General Plan Economic Development Element:
a. 2.2.1 Land Use, Circulation, and Infrastructure: Significant steps toward connecting the community and promoting economic development from within should include developing Carr Lake as a recreational “centerpiece" of the community. b. Action LU-1.4.1: Utilizing and promoting the natural drainage in Carr Lake as an amenity and opportunity which should be incorporated as a primary feature of any specific plan developed for the area.
c. Action I-3.1.6: Utilize the vision and planning effort for Carr Lake to direct storm water for capture and reuse within the City or for surrounding communities for recharge or irrigation purposes.
d. Action QL-3.1.3: Increase City parkland by creating joint or shared use agreements with other public entities, partner with local non-profits to acquire and improve additional parkland, and creating a separate parkland fund that can accept donations, grants, dedications and other general funds.

4. 2018 Draft Guiding Principles for the upcoming General Plan Update a. Healthy and Safe Community: 1. Ensure the protection and sustainable use of the City's air, water, land, and natural resources. 2. Promote equitable access to healthy food, parks, recreation and other desired amenities to encourage healthier lifestyle choices.
b. Livable and Sustainable Community: 1. Encourage vibrant and active community gathering spaces such as libraries, community facilities, open spaces, parks, and plazas.

5. Salinas City Council Strategic Plan 2016-2019
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a. Key Strategies FY 2016-2017: 1. Explore Carr Lake Opportunities: Partnership with Big Sur Land Trust providing support for the acquisition of 72 acres should close in January 2017. b. Objectives FY 2016-2017: 1. Join with Big Sur Land Trust to engage community about potential design and uses of Carr Lake. 2. Support conversation with additional property owners. 3. Include Carr Lake in Storm water development plans. 4. Undertake a visioning process which actively engages the Carr Lake landowners, community , and other stakeholders including federal, state, and regional agencies.

6. 2019 Parks, Rec & Libraries Master Plan : T he Carr Lake area was specifically referenced as a location of a “parkland distribution gap" which this project can help address. This project also addresses the Plan's stated community priorities of building recreational walking/biking trails as well as offering more opportunities for bike riding, nature/wildlife watching and picnicking.

H. This
project will deliver multiple environmental benefits to City, including climate change mitigation and improved water quality which will help prevent urban and a gricultural contaminants from flowing into the Monterey Bay National Marine Sanctuary.

I. BSLT has fundraised for and received over $27 million in public and private grant funding to support this project to date. In November 2022, City staff recommended and the Salinas City Council unanimously approved allocation of $1 million from the fiscal year 2022 available fund balance to the Project. BSLT anticipates raising another $12 million to complete both phases of the park construction. Several of the larger public grants include long-term requirements and restrictions pertaining to the use of the property. These grants and conditions are summarized in Exhibit C.

J. The
City, as the CEQA lead agency, filed the Draft Initial Study/Mitigated Negative Declaration for the Carr Lake Restoration and Park Development (IS/MND) with the State Clearinghouse (SCH #2021050632) on May 28, 2021, with an end review date of June 28, 2021.

The CEQA mitigated negative declaration was unanimously certified by the Salinas City Council on August 24, 2021. A Notice of Determination (NOD) was filed with the County of Monterey and the State of California Office of Planning and Research (OPR) on September 16, 2021.

K. All necessary regulatory permit applications were secured in 2022 and 2023, including a 401 application (for Discharges of Dredged or Fill Material to Waters of the State) to the State Water Resource Control Board, a Section 404 Nationwide Permit application to the Army Corps of Engineers, an Incidental Take Permit application and Lake and Streambed Alteration application to California Department of Fish and Wildlife. Permits and approvals for grading and building will also be secured from City; applications were submitted to City in Summer 2023. A summary of permit applications and restrictions can be found in Exhibit D.

L. The
Parties anticipate that to consummate the vision and agreements described in this MOU the Parties will further negotiate the terms of (1) a Purchase & Sale Agreement covering reserved rights and two fee title escrow closings, and including a Grant Deed for the Neighborhood Park portion of the Property and a Grant Deed for the Restoration Area portion of the Property, and (2) a Restoration Area Habitat Management Agreement covering the period during which restoration work is being done in the Restoration Area including after the transfer of Restoration Area fee title to City. The Parties may also determine that other additional agreements or instruments are necessary or desirable.

M. Cit
y and BSLT desire to work together collaboratively to coordinate the Carr Lake Park Project planning and activities subject to their respective governing policies and processes and as set forth below.

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N. In
July 2019, the City produced a Parks, Rec & Libraries Master Plan (“Parks Master Plan”) to create a vision for an innovative, inclusive, and interconnected system of parks and open spaces that promotes outdoor recreation, healthy living, and environmental conservation as integral elements of a thriving, livable Salinas. Among other things, through development of the Parks Master Plan the City learned that a majority of residents feel there are not enough parks and recreation/community centers in Salinas. The Project is consistent with the goals and the vision of the Parks Master Plan and helps the City fill the gap that exists in the parks and open space network.

AGRE
EMENT
For
good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, and the mutual covenants set forth herein, the Parties agree to work together collaboratively to coordinate the Park Project planning and activities , under the terms and conditions of this MOU, as follows:

1. PURPO
SE AND SCOPE.

1.1 The purpose of this MOU is to coordinate and memorialize the planning and project activities for the Carr Lake Park Project. The scope of the Park Project is attached as Exhibit E.

1.2 Par
ties anticipate that there will be one or more additional separate written agreements between them concerning the conveyance of fee title to the Property, and the Parties’ respective roles in the management and maintenance of the park following the conveyance (s).

2. TERM.

2.1 This MOU is effective as of the Effective Date and shall continue until terminated . Unless terminated sooner by the mutual agreement of the parties this MOU shall terminate one (1) year following the expiration of all the terms set forth in the Grants and Permits. Exhibit C identifies existing grant conditions. Exhibit D identifies permit conditions. The parties acknowledge that as new grant and permit conditions become effective, this MOU will be amended to reflect the updated information.

3. PROP
ERTY IS SUBJECT TO RIGHTS AND CONDITIONS.

3.1 Existing Third Party Rights in the Property.

The Parties acknowledge and agree that the Property is subject to certain existing easements and rights, including without limitation the Neighbor Road Easement depicted in Exhibit F. A list of the currently existing easements and third-party rights in the Property is set forth in the attached Exhibit G.

3.2 Grant Terms and Conditions.

The P
arties acknowledge and agree that the Property is subject to certain grant agreement terms and conditions which are required to fund and build the Park Project, including without limitation the Opening Date(s) referenced in sections 5.6 and 6.4 below. The Parties acknowledge and agree that additional grant terms and conditions may be required when additional grant funding is secured. BSLT will coordinate and closely consult with City regarding additional grant funding and conditions thereof that would be binding on City after the Property DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 Carr L
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is transferred to City. A summary of the current grant terms and conditions is set forth in the attached Exhibit C.

3.3 Permit Terms and Conditions.

The Parties acknowledge and agree that the Property is or will be made subject to certain permit terms, restrictions and conditions which are required to fund and build the Park Project.

City agrees to support and cooperate with BSLT on securing and implementing the permits required to build the Park Project, as needed. BSLT will coordinate and closely consult with City regarding additional permit conditions thereof that would be binding on City after the Property is transferred to City. A summary of the permit terms, restrictions and conditions is set forth in the attached Exhibit D.

3.4 BSLT Reserved Rights.

Whe
n BSLT transfers to City fee title to the Property, or portion thereof, the following rights and privileges will be reserved by BSLT, and such reservations shall be specifically set forth in the Purchase and Sale Agreements, Grant Deeds, Restoration Area Habitat Management Agreement, and/or other separate written agreement(s) negotiated by the Parties:
(a) BSLT Access Easement. Right(s) of way to access the entire Property (“BSLT Access Easement”) for the purpose of exercising its reserved rights and doing the work that is necessary to complete grant and permit conditions, including without limitation a right of way through the Neighborhood Park (defined below) to allow for and facilitate the construction, habitat maintenance and related work within the Park Restoration and Open Space Area (defined below). BSLT Access Easement reserved in the Neighborhood Park Grant Deed to the City will be appurtenant to the Restoration Area. BSLT Access Easement reserved in the Restoration Area Grant Deed to the City will be in gross for BSLT activities in the Restoration Area to comply with grant terms.
(b) Eve nts. The right to hold BSLT events up to 4 times per year upon coordination with and prior approval from the City.
(c) Park Naming Rights. Prior to conveyance of fee title to City, BSLT will apply a name to the park. BSLT will consult with City concerning naming and will include City staff in the community naming process, as BSLT and City deem appropriate. BSLT has worked with the community to develop a collaborative naming process that includes multiple community meetings, a Naming Committee with representatives from throughout City, and online public surveys for name suggestion submissions and preferences. Naming Committee review ed name suggestion submissions and selected three top park name options. An additional online survey solicited feedback on these three names. BSLT and City conferred and agreed on the final park name after reviewing community feedback. On March 5, 2024, BSLT announced at a City Council meeting the new name for the park: Ensen Community Park. City agrees to retain the name of the park for a period of 25 years from the date of the initial fee transfer, and may then change the park name in accordance with City policy, which will include a community engagement process. The Parties agree to promptly meet and confer concerning an earlier or immediate name change in the event that circumstances arise under whi ch the current or proposed name may result in public disrepute, contempt, scandal, ridicule or otherwise reflect unfavorably on BSLT or City, and in that case the name change is subject to the mutual agreement of the Parties. Specifics on naming rights will be incorporated into the Purchase & Sale Agreement.

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(d) Ot her Naming Rights. Prior to conveyance of fee title to City, BSLT may apply names to certain trails, benches and other amenities and park features. BSLT will consult with City concerning naming. Some of these amenities may be named to recognize donors who provided funding for construction. The naming of park features or amenities not related to donors, will include a community process or ideas that arose through the park naming process, as BSLT and City deem appropriate. City agrees to retain the names of amenities for a period of 5-25 years, from the date of the initial fee title transfer. The 25-year time period would be appropriate for larger semi-permanent features such as the playground or amphitheater while the shorter time periods, 5-10 years, would be more appropriate for smaller items such as benches. Following the designated time period, the City may change names in accordance with City policy and in consultation with BSLT. The Parties agree to promptly meet and confer concerning an earlier or immediate name change in the event that circumstances arise under which the current or proposed name may result in public disrepute, contempt, scandal, ridicule or otherwise reflect unfavorably on BSLT or City, and in that case the name change is subject to the mutual agreement of the Parties. Specifics on naming rights will be incorporated into the Purchase & Sale Agreement.

(e) Ar
t Installations. The right to install murals or art installations, including without limitation control over choice of artists, content and subject matter, and commissioning the painting of a mural(s) on one or more park buildings. BSLT will ensure City approval, including involvement of the Public Art Commission, of any proposed designs prior to installation. Specifics of rights concerning art installations will be included in the Purchase & Sale Agreement.

(f) We
ll and Well Water. There exists on the Property an agricultural irrigation well.

For the purposes of this agreement, the well is assumed to be included in the Neighborhood Park parcel after the lot line adjustment (as referenced below in Section 4). The Neighborhood Park will be irrigated by municipal water, not well water, and the municipal irrigation infrastructure will be installed as part of the Neighborhood Park construction prior to transfer. In the future, City may choose to use utilize well water for irrigation of Neighborhood Park once Park Project is completed and in coordination with BSLT.

BS
LT will retain an easement and use of the well for restoration work and farmland irrigation. The Neighborhood Park Area Grant Deed to City will be subject to BSLT’s reserved easement right to take and use water from the existing well (“Water System Easement”) for the following purposes:

BSLT’s irrigation of the Park Restoration and Open Space Area, irrigation for farming and agricultural use on the Property including on the Agricultural Field under the existing or a replacement BSLT agricultural lease, other uses on the Property necessary for BSLT’s compliance with grant and permit terms and conditions, and other Park Project purposes. BSLT’s Water System Easement reserved in the Neighborhood Park Area Grant Deed will be in gross and will allow BSLT to use whatever amount of water BSLT needs to maintain the Restoration Area under the grant terms and subject to any groundwater rules and regulations. BSLT will maintain ownership of the agricultural irrigation system, and appurtenances that are located within the Neighborhood Park Area, and will solely operate and maintain the well and agricultural irrigation system, until the Restoration Area is deeded to the City.

Following the conveyance of the Restoration Area to City maintenance and r epair costs for the well and water system will be shared by BSLT and City in proportion to their respective use of well water. BSLT’s use of well water will not be subject to any charge, except in the event that such use of well water is subject to state or local regulations that include a fee and then such charge will be shared by BSLT and City in proportion to their respective use of well water.

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3.5 Subject to mutual approval of the specific language in the above contemplated agreements, deeds, and easements the Parties agree to comply with the easements, rights, obligations, and conditions referenced in 3.1 through 3.4 above.

3.6 The Parties acknowledge and agree that upon transfer of fee title to City the Property will remain subject to the easements, rights, agreements, terms, restrictions, and conditions referenced in 3.1 through 3.4 above.

4. LOT LINE ADJUSTMENT.

4.1 Lot
Line Adjustment. The Property consists of 3 legal lots of record. A lot line adjustment will be undertaken by BSLT to redraw the existing parcel lines (no increase in number of parcels) prior to transfer of the Property to City in a manner that is beneficial to and will facilitate the Park Project. BSLT anticipates that parcel lines will be drawn between the Neighborhood Park Area and the Park Restoration and Open Space Area and the Front House. BSLT will consult with City in determining the configuration of parcel lines. City agrees to cooperate with BSLT on the lot line adjustment process.

5. NEI
GHBORHOOD PARK.

5.1 6- Acr
e Neighborhood Park. One portion of the Property consisting of approximately 6 acres is referred to herein as the “Neighborhood Park” on which BSLT will construct traditional park structures and amenities such as bathrooms, picnic tables, a skate -spot, trails, parking lots, basketball court, gazebo and/or playground.

5.2 Construction of Neighborhood
Park.

(a) BSLT anticipates that construction of the Neighborhood Park will start in spring 2024, and will include grading, construction, planting, irrigation, installation of equipment, signage, and other park facilities. BSLT will consult with City concerning design and construction so that City is kept apprised of plans and status.

5.3 Neighbor R
oad Easement.

(a) The neighboring property owner to the east1 holds an existing road easement over and across a portion of the Neighborhood Park and a portion of the Park Restoration and Open Space Area. In a separate agreement the easement is being amended to facilitate construction of the park and continued road access through the park for the benefit of the neighboring property owner to the east1 by relocating a portion of the road easement, installing two gates, and installing a crossing at Hospital Creek, all as depicted in Exhibit F.

(b) City acknowledges and agrees that after the Property, or portion thereof, is transferred to City, this existing easement, as amended, will be binding on City.

(c) City acknowledges and agrees that after the Property is transferred to City, the upkeep and maintenance of the Hospital Creek crossing and gates within the Park Restoration and Open Space Area will be City’s responsibility.

5.4 BSLT-H
ACM Easement.

1 Neighboring property owner to the east is currently the Higashi family.

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(a) BSLT holds an existing easement over a portion of land owned by the Housing A
uthority of County of Monterey (HACM) in the vicinity of the Neighborhood Park parking area off La Posada Way as illustrated in Exhibit F. Said easement was amended on 5/6/2022, recorded as Document no. 2022021611 in the official records of Monterey County , to ensure that the easement area may be used for construction, operation and maintenance of the Park Project.

(b) C
ity acknowledges and agrees that after the Property, or portion thereof, is transferred to City, this existing easement, as amended, will be binding on City.

5.5 Signage.

(a) Construction will include the installation of signage, including general traditional park signage, signage on fencing to discourage unauthorized access on the Property and across neighboring property, rules and regulatory signage, acknowledgement of BSLT, donors, funders and funding that have made the park possible. BSLT will consult with City about the design and content of all signage.

(b) City acknowledges and agrees that after the Property is transferred to City, the upkeep and maintenance of signage will be City’s responsibility, except as otherwise provided in this MOU or other agreement of the parties. Following transfer of the Property BSLT shall have the right but not the obligation to replace signage installed by BSLT, as needed, in accordance with City signage policies and with prior approval from City.

5.6 Opening Date.

a) Certain grant funding conditions and expectations necessitate that the Neighborhood Park open to the public no later than June 1, 2025. The parties agree to meet and confer in the event that the grant funders make any change to delay the opening date timeline. BSLT agrees to complete the Lot Line Adjustment with cooperation from City, construction of the Neighborhood Park, and transfer of the Neighborhood Park to City in time to satisfy grant conditions. City agrees to accept fee title to the Neighborhood Park and to open the park to the public in time to satisfy this grant condition. The parties agree that the fee title transfer of the Neighborhood Park to City will be accomplished through escrow which will close at least 30 days prior to the opening date required by the grant. BSLT and City will meet and confer regularly concerning status of progress of Lot Line Adjustment and construction of the Neighborhood Park so that each party can prepare for the close of escrow and opening date.

The parties will negotiate specific terms concerning the escrow and transfer of fee title in the Purchase and Sale Agreement.

b) State Parks grant funds for park construction are reimbursable and 20% of the grant amount, or approximately $1.7 million, is retained by State Parks for the final reimbursement payment and will not be released to BSLT until all grant conditions are satisfied, including opening the park to the public. Therefore, it is critically important that the park be opened in a timely manner, ideally within 30 days of fee title transfer.

5.7 Transfer of Neighborhood
Park Property to City.

(a) The Parties acknowledge and agree that the transfer of fee title ownership of the Neighborhood Park to City will be subject to all of the following conditions all of which will be incorporated into the Purchase and Sale Agreement:

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(1) All rights, terms and conditions referenced in section 3 above.

(2) All the provisions set forth in sections 5.3 through 5.6 above.

(3) City acknowledges and agrees that after the Property is transferred to City, City will take over and assume responsibility and management for all operations and maintenance of Neighborhood Park subject to and in accordance with City’s park policies and procedures, and BSLT will have no further obligations for operations and maintenance of the Neighborhood Park but will retain the reserved rights identified herein. BSLT will work with City and the community to investigate and develop funding mechanisms for long -term maintenance. BSLT will also work with City and community to explore potential public -private partnership models such as the development of a supporting community- based organization (e.g., a “Friends of Carr Lake”) to assist with certain park maintenance and monitoring tasks or other activities as may be appropriate.

5.8 Leased Agricultural Field. BSLT may continue to lease to a third party the Agricultural Field portion of the Property adjacent to the Neighborhood Park (including use of well water for irrigation as described in section 3.4(f)) until the Park Restoration and Open Space Area construction commences. The agricultural lease rental income would continue to be channeled into a BSLT stewardship fund for the Park Restoration and Open Space Area.

6. PAR
K RESTORATION AND OPEN SPACE AREA.

6.1 67-Acr e Park Restoration and Open Space Area. The balance of the Property consisting of approximately 67 acres is referred to herein as the “Park Restoration and Open Space Area ”, on which BSLT will do grading, construction, planting, irrigation, installation of perimeter fencing (see Section 6.5 below), trails, bridges, boardwalks, and signage, and related activities, including without limitation the activities described in this section.

6.2 Neighbor Roa d Easement.

(a) As stated above in section 5.3 the neighboring property owner to the east1 holds an existing road easement over and across a portion of the Neighborhood Park and a portion of the Park Restoration Area and Open Space Area. In a separate agreement the easement is being amended to facilitate construction of the park and continued road access through the park for the benefit of the neighboring property to the east 1 by relocating a portion of the road
easement, installing two gates, and installing a crossing at Hospital Creek, all as depicted in Exhibit F.

(b) City acknowledges and agrees that after the Property, or portion thereof, is transferred to City, this existing easement, as amended, will be binding on City.

(c) City acknowledges and agrees that after the Property is transferred to City, the upkeep and maintenance of the road, Hospital Creek crossing and gates within the Park Restoration and Open Space Area will be City’s responsibility.

6.3 Signage

(a) Construction will include the installation of signage, including general traditional park signage, signage on fencing to discourage trespassing, acknowledgement of BSLT, donors, funders and funding that have made the park possible. BSLT will consult with City about the design and content of all signage.

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(b) City acknowledges and agrees that after the Property is transferred to City, the upkeep and maintenance of signage will be City’s responsibility, except as otherwise provided in this MOU or other agreement of the parties. Following transfer of the Property BSLT shall have the right to replace signage installed by BSLT, as needed, in accordance with City signage policies and with prior approval from City at BSLT’s expense.

6.4 Construction and Opening Date.

(a) The Parties anticipate the Park Restoration and Open Space Area construction will start no sooner than Spring 2025 and will open to the public by a certain date which is unknown at this time but is anticipated to be no sooner than 2026. BSLT will consult with City about the date when the date or date range becomes known. BSLT will complete the Lot Line Adjustment with cooperation from City, construction of the Park Restoration and Open Space Area, and transfer of the Park Restoration and Open Space Area to City in time to satisfy any future grant conditions. City agrees to accept fee title to the Park Restoration and Open Space Area and to open it to the public in time to satisfy any grant conditions.

6.5 Fencing
Plan.

(a) BSLT developed a Fencing Plan to satisfy CEQA mitigation measure AG-3, “A Fencing Management Plan was submitted for review and approval to the Community Development Department. The plan identifies the location and design of fencing appropriate for placement within a floodway. The plan also identifies the type and location of temporary wildlife exclusion fencing that is located along perimeters of the project site that abuts farmland during the dry season when active farming is occurring, as needed.” A draft plan has been developed and reviewed by the adjacent farming families

2. (b) The Fencing Plan identifies temporary wildlife exclusion fencing (i .e., food safety
fencing) to be installed and maintained seasonally by BSLT in the locations as depicted in Exhibit H and in consultation with the farmers of the adjacent land.

(c) The Fencing Plan identifies perimeter fencing to be constructed in the locations d
epicted in Exhibit H in order to mark the boundary between the Property and the adjacent property and to discourage unauthorized access in either direction. Should this portion of the Fencing Plan be modified, with agreement of the adjacent farming families, BSLT will consult with City and submit revised plan.

(d
) A copy of the detailed fencing design and plan satisfying CEQA Mitigation Measure MM-AG-3 has been provided to City.

(e) City acknowledges and agrees that after the Property is transferred to City, the upkeep and maintenance of the perimeter fencing will be City’s responsibilit y.

6.6 Adaptive Management Plan

(a) BSLT developed an Adaptive Management Plan to satisfy Mitigation Measure AG-2 “A Long-Term Adaptive Management Plan for the park and restoration area shall be submitted for review and approval to the Community Development Department. The plan shall include vegetation management, insect and pest control, weed control, and sediment removal.

2 Adjacent farming families include the Higashi family to the east and Hibino family to the west and south.

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The plan shall also identify proposed funding sources and anticipated annual budget for proposed management activities.”

(b) A draft plan was sent to the neighboring farming families2 for their review and comment prior to submission to City in June 2023.

(c) The plan describes maintenance roles and responsibilities for City and BSLT. These responsibilities are further described in Section 6.8.

6.7 Ditches.

(a) BSLT is currently in discussions with Monterey County Water Resources Agency (MCWRA) concerning any modifications which may be made to the existing ditches on the Property in which the MCWRA holds certain easement rights and obligations. It is likely that MCWRA will quit claim their easements on the ditches that are to be removed by the Restoration and Open Space construction project. BSLT will coordinate and closely consult with City about any agreement which may be made with MCWRA which would be binding on City following transfer of title.

6.8 Transfer of P
ark Restoration and Open Space Area Property to City.

(a) The Parties agree that the transfer of fee title ownership of the Park Restoration and Open Space Area to City will be subject to all of the following conditions:

(1) All rights, terms and conditions referenced in section 3 above.

(2) All the provisions set forth in sections 6.2 through 6.7 above.

(3) City acknowledges and agrees that after the Property is transferred to City, City will take over and assume responsibility and management for all routine park operations and maintenance, of Park Restoration and Open Space Area, including general trash pickup, graffiti removal, patrols, pedestrian and maintenance bridge s, crossings, boardwalks, trails maintenance, perimeter fencing, sediment removal, upkeep maintenance, mowing and weeding of plantings all subject to and in accordance with City parks policies, and BSLT will have no further obligations except as set forth in section 6.9 below, and except that BSLT will retain the reserved rights identified herein. BSLT will work with City and the community to investigate and develop funding mechanisms for long-term maintenance. BSLT will also work with City and community to explore potential public-private partnership models such as the development of a supporting community-based organization (e.g., a “Friends of Carr Lake”) to assist with certain park maintenance and monitoring tasks or other activities as may be appropriate.

6.9 B SLT
Continuing Obligations.

(a) BSLT is responsible for implementing vegetation and habitat management, including plantings and invasive plant removal, as required under grant agreements and permits to ensure that the restoration is successful, subject to local regulations. This includes collaboration with City on sediment removal.

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compliance with timeframe requirements under permits and grant conditions in Exhibits G and H.

(c) BSLT is responsible for installing/maintaining temporary wildlife exclusion fencing (i.e., food safety fencing) each year, in coordination with farming neighbors.

(d) BSLT and City will coordinate on transfer of these management tasks in the Park Restoration and Open Space Area to City as appropriate and mutually agreed. This will be detailed in the Purchase and Sale Agreement and further in a Restoration Area Habitat Management Agreement.

7. HOUSES.

7.1 The Front House is located in the Neighborhood Park Area and the Back House is located in the Park Restoration and Open Space Area. City has indicated a desire to acquire and utilize the Front House for affordable housing pursuant to funder’s requirements. Use of the Back House is restricted to specific park related uses that are compliant with the purpose of State grants awarded to acquire the property. The Back House will be transferred to City with the Park Restoration and Open Space Area.

8. WELL.

8.1 The Property contains one operational well as depicted in Exhibit B.

The Well is part of the
Neighborhood Park Area, as discussed in 3.4f, above. The water from the well is currently used for irrigation on the Property including use by the third-party lessee to irrigate the leased Agricultural Field. City acknowledges and agrees that after the Property, or portion thereof, is transferred to City BSLT will have the right to use well water under the Water System Easement as provided in section 3.4(f) above.

9. CON
STRUCTION COSTS.

9.1 The Parties intend that the construction of the Park Project will be fully funded by grants and donations secured by BSLT and the Parties shall not be obligated to fund any portion of the costs associated with the construction of the Park Project with their own general funds except as specifically provided herein or otherwise agreed. In the event grant or other fundraised proceeds are unavailable or exhausted, either Party may, at its sole discretion, elect to apply its own funds, and such additional funds as may become available, to proceed with the Park Project or it may elect to cease some work on the Park Project until such time as further grants are obtained and funded.

10. INDEMNITY.

10.1 Each Party agrees that it will be responsible for its own acts and the results thereof, and shall not be responsible for the acts of the other Parties hereto or the results thereof. Each Party ("Indemnifying Party") to this MOU shall indemnify, defend, and hold harmless the other Party, its officers, agents, and employees ("Indemnified Party"), from and against any and all claims, liabilities, and losses whatsoever (including damages to property and injuries to or death of persons, court costs, and reasonable attorneys' fees) occurring or resulting to any and all persons, firms or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of this MOU, and from any and all claims, liabilities, and losses occurring or resulting to any person, firm, or corporation for damage, injury, or death arising out DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 Carr L
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of or connected with the Indemnifying Party's performance pursuant to this MOU, but only to the extent such claims, liabilities, and losses whatsoever (including damages to property and injuries to or death of persons, court costs, and reasonable attorneys' fees) are caused by or result from the negligent or intentional acts or omissions of the Indemnifying Party, it officers, employees, and agents. "Performance pursuant to this MOU" includes action or inaction of either the Indemnifying Party or the action or inaction of the Indemnifying Party's officers, employees, agents, contractors, and subcontractors. This indemnification provision is independent of and shall not in any way be limited by the insurance requirements of this MOU. A Party approving the insurance certificates, evidence, and contract policies required by this MOU does not in any way relieve an Indemnifying Party or indemnifying agent from liability under this section.

11. INSU
RANCE.

11.1 Each
Party shall, at its sole cost, insure its activities and indemnification obligations in connection with this MOU from its inception and shall keep in force and maintain insurance or self-insurance as follows: Commercial General Liability with a combined single limit of not less than $2,000,000.00 per occurrence; Business Automobile Liability with a combined single limit of not less than $1,000,000.00 per occurrence including coverage for owned, hired and non- owned automobiles; Workers Compensation Insurance in accordance with the provisions of Section 3700 of the Labor Code, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease; and such other insurance as may be necessary to provide coverage for its performance under this MOU. Further, each Party shall require its agents, contractors, subcontractors and/or assignees in connection with this MOU and the Park Project (i) to hold harmless and indemnify all Parties to this MOU in respect to claims or liability which arise from the negligence or willful misconduct of said indemnifying agents, contractors, subcontractors and/or assignees and (ii) to carry insurance meeting the requirements of this section commensurate with the standards of the industry. The foregoing clause (i) does not pertain to design professionals as indemnification and insurance obligations required of design professionals shall comport with California Civil Code §2782.8.

12. MISC
ELLANEOUS.

12.1 Notices. Any notice or communication required by the MOU shall be in writing and shall be deemed to have been duly given if delivered personally, or sent by overnight mail, or prepaid registered mail, or confirmed facsimile transmission, addressed to the other Party at the address set forth below, or such other address as such Party hereto may hereafter specify in writing to the other Party:

Big Sur Land Trust
509 Hartnell Street Monterey CA
93940
Attn: Jeannette Tuitele-Lewis
(831) 625-5523
City of Salinas
City Hall
200 Lincoln Ave.

Salinas, CA 93901
Attn: Office of the City Manger
(831) 758-7201
DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14

Carr Lake Park Project MOU
3/6/24

12.2 Amendment. T his MOU may only be amended or modified by written agreement signed by the Parties.

12.3 Governing Law.

This MOU shall be governed by the laws of the State of California.

12.4 Headings and Captions.

Headings and captions in this MOU are to facilitate reference only and do not form a part of this MOU, and shall not affect the interpretation hereof.

12.5 Authority. Each Party represents to the other that each has the full authority to perform its obligations under this MOU and that the person executing this MOU has the authority to bind it.

12.6 No Joint Venture or Partnership. The MOU is not intended to create, nor shall it be construed to be, a joint venture, association, partnership, franchise or other form of business relation. Neither of the Parties shall have, nor hold itself out as having, any right, power or authority to assume, create or incur any expenses, liability, or obligation on behalf of the other Parties, except as expressly set forth herein.

12.7 Attorney Fees.

Each party shall bear its own attorneys' fees and expenses in the preparation and review of this MOU. In the event that any Party hereto institutes an action or proceeding for a declaration of the rights of the Parties under this MOU, for injunctive relief, for an alleged breach or default of, or any other action arising out of, this MOU, or the transactions contemplated hereby, or in the event any Party is in default of its obligations pursuant thereto, whether or not suit is filed or prosecuted to final judgment, the nondefaulting Party or prevailing Party shall be entitled to its actual attorneys' fees and to any court costs incurred, in addition to any other damages or relief awarded.

12.8 Assignment.

This MOU will inure to the benefit of and be binding on the Parties to this MOU and their respective successors and assigns. Neither Party will have the right to assign any portion of its interest in this MOU without the consent of the other Party.

12.9 Entire Agreement. T his MOU, together with all Exhibits hereto and documents referred to herein, if any, constitute the entire agreement among the Parties hereto with respect to the subject matter hereof, and supersedes and replaces any and all prior understandings or agreements with respect thereto, including those understandings and agreements in letters, correspondence, memoranda or other expressions of intent from either Party hereto or its agents that are prior to or contemporaneous in time to this MOU.

12.10 Time. Time is of the essence in the performance of the Parties’ respective obligations under this MOU.

12.11 No T hird-Party Beneficiaries. Nothing in this MOU, express or implied, is intended to confer any rights or remedies under or by reason of this MOU on any person other than the Parties to it and their respective permitted successors and assigns, nor is anything in this MOU intended to relieve or discharge any obligation of any third person to any Party to this MOU or give any third person any right of subrogation or action over against any Party to this MOU.

12.12 Exhibits.

All exhibits referenced in this MOU, whether or not attached, are incorporated by reference.

Ex
hibit A Legal Description of Property
Exhibit B Existing Infrastructure Map
DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14

Carr Lake Park Project MOU
3/6/24
Exhibit C Summary of Grant Terms and Conditions as of 2/16/24 Exhibit D Summary of Permit Terms and Conditions as of 2/16/24 Exhibit E Project Scope
Exhibit F Existing and Future Easements Map
Exhibit G Existing Third-Party Rights
Exhibit H Future Park Fencing, Creek Crossing and Median Infrastructure Map Exhibit I CDFW ITP Permit
Exhibit J CDFW LSAA Permit

12.13 Counterparts. This MO U may be executed in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument.

Si
gnatures appear on the next page.

DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 Carr L
ake Park Project MOU
3/6/24
IN WI
TNESS WHEREOF, this MOU is executed on the dates set forth below by the duly authorized representatives identified below:

BSLT:

BIG
SUR LAND TRUST, a California nonprofit
public benefit corporation
By: _______________________________________

Name
: ___________________________________
Title
: ______________________________________
Dat
e: _____________________________________
City:

CIT
Y OF SALINAS, a public entity
By: _______________________________________

Name
: ___________________________________
Title
: ______________________________________
Dat
e: _____________________________________
Jeanette Tuitele-Lewis
President/CEO
Jim Pia
Interim City Manager
DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 3/25/2024 | 6:28 PM PDT
3/25/2024 | 6:29 PM PDT

Exhibit A
Legal D
escription of Property
(attached)
DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 EXHIBIT "A"
Legal Description
Chain of Title Guarantee
CLTA Guarantee Form No. 6 (06/05/2014) Printed: 08.17.23 @ 08:00 AM

For APN/Parcel ID(s): 003-212-016 (portion Parcel I), 003-212-015 (poriton Parcel I), 003-212-007 (portion Parcel I), 261-191-001 (Parcel II), 261-191-007 (portion Parcel I) and 003-821-033 (Parcel III)

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SALINAS, COUNTY OF MONTEREY, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

PARCEL I:

A portion of the Rancho El Sausal, Monterey County, Calif., being part of that certain 163.58 acre tract conveyed by Florence T. Dye and Clarkson Dye to Shizuo Ikeda and Mitsuo Ikeda, by deed dated December 24, 1928, recorded January 14, 1929 in Volume 174 Official Records at page 468 therein, Monterey County Records, Calif, and further being a portion of Lot C as shown and so designated on map entitled, "Partition Map No. 2" showing portions of the Sausal and El Alisal Ranchos, belonging to the estate of Jessie D. Carr", surveyed by Lou G. Hare, 1905, 1906, a copy of which map was recorded in Map Book One of Surveyed at page 70 thereof in the office of the County Recorder of Monterey County, Calif., and being particularly described as follows, to-wit:

Commencing at a 4 x 4 survey post marked C,D,CR, HDP, standing in the center of the old Carr Diverting Canal, on the southeasterly side of the County Road, leading from Salinas to Natividad (sometimes called California Avenue) and from which point of beginning a 4 x 4 survey post marked 16,29, standing at the intersection of courses and distances 16 and 29, as the same are shown on said "Partition Map No. 2", bears N. 27° 42' E., 346.2 distant, thence following the southeasterly side of said 60 foot County Road, towards Salinas, (1) S. 27° 42' W., 1446.3 feet, at 568.3 feet a 4 x 4 survey post marked City Limits, L.G.H., standing at the intersection of this line with the northern boundary of Salinas (course of said boundary line of Salinas being N. 80° 30' E.) 1446.3 feet to a 4 x 4 survey post marked LA, LB, HDP, and from which the most western corner of the said Ikeda 163.58 acre tract bears S. 27° 42' W., 1149.6 feet distant, thence leaving the southeastern side of California Avenue and running (2) N. 85° 26' E., 1704.3 feet to station in a drainage canal, known as Gabilan Creek Lateral Drainage Canal, and 30 foot right of way for the same of Reclamation District No. 1665, thence along said Drainage Canal and Right of Way (3) S. 14° 30' W., 550 feet to station in the southern boundary of the said Ikeda 163.58 acre tract, at corner of courses and distances Nos. 3 and 4 of the description thereof, thence along a drainage ditch known as Natividad Creek Lateral Drainage ditch, and its 30 foot right of way of Reclamation District No. 1665, and the southerly boundary of the said Ikeda 163.58 acre tract,
(4) N. 72° 27' E., 841.7 feet to station, thence leave said drainage canal, and right of way and southern boundary of Ikeda 163.58 acre tract, and running
(5) N. 5° 28' E., 1320.4 feet, at 10.7 feet a 4 x 4 survey post marked IC,LE,WP,HDP, standing on north side of drainage canal, at 660.2 feet a 4 x 4 survey post, standing on line, marked LC,,LD,LE,HDP, at 1304 feet a 4 x 4 survey post marked LC,LD,WP,HDP, standing on the southern side of Gabilan Creek Lateral Drainage Canal, 1320.4 feet to station in the center of the same and center of a 30 foot right of way for drainage purposes, of Reclamation District No. 1665, thence along the center of said Drainage Canal, and right of way, and along the division line between land of Ikeda and a 174.60 acre tract of Jessie R. Bryan et al,
(6) S. 71° 50' W., 301.7 feet to station, thence
(7) S. 73° 12' W., 260.7 feet to station, thence
(8) S. 25° 25' W., 155 feet to station, thence leaving the center of said Gabilan Creek Drainage Canal and along the center of a private drainage canal, and the division line between lands of Ikeda and Jessie R. Bryan et al, as aforesaid, (9) N. 67° 32' W., 826.5 feet, at 772 feet the southeastern side of pumphouse and suction bay of Drainage Pumping Plant, at 782 feet the northwesterly side of said pumphouse, 826.5 feet to a 4 x 4 survey post marked D,D,HDP, standing on the southerly bank of the Old Carr Diverting Canal, thence, DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 EXHIBIT "A"
Legal Description
Chain of Title Guarantee
CLTA Guarantee Form No. 6 (06/05/2014) Printed: 08.17.23 @ 08:00 AM

(10) N. 7° 19' W., 30 feet to a 4 x 4 post marked C,D,HDP, standing in the center of the same, and thence down the center of said Old Carr Diverting Canal, and still along the dividing line between lands of Ikeda and Jessie R. Bryan et al (11) N. 80° 46' W., 452.9 feet to the place of beginning.

Excepting from the above described Parcel I all that portion conveyed to Salinas, a municipal corporation by deed dated October 31, 1972 and recorded November 15, 1972 on Reel 810 Official Records at page 3.

PARCEL II:

A portion of the Rancho El Sausal, in Monterey County, California, and being a portion of that certain 174.60 acre tract conveyed by Albert C. Aiken et al to Jessie R. Bryan et al, by deed dated April 17, 1926, recorded April 27, 1926 in Volume 84 Official Records at page 9 therein, Monterey County Records, California, and also a part of that certain 22.30 acre tract conveyed by Florida C. Cook and Sterling D. Carr, also known as Sterling Carr, to Toshi Hanazono, by deed dated February 4, 1939, recorded February 6, 1939, in Volume 604 Official Records, at page 301 therein, Monterey County Records, California, and being particularly described as follows, to-wit:

Commencing at a 4 x 4 survey post marked C,H, standing in fence at the eastern corner of said 22.30 acre tract above referred to and on the southeast side of that certain 5.534 acre tract conveyed by Jessie R. Bryan et al to R. A. Stump and Maude J. Stump, by deed dated March 18, 1931, recorded March 27, 1931, in Volume 287 Official Records at page 93 therein, Monterey County Records, California, and thence along the southeastern side of said Stump 5.534 acre tract, with the following two courses and distances,
(1) S. 52° 24' W., 176.3 feet to a 4 x 4 survey post marked L4,C,HDP, thence (2) S. 34° 48' W., 135.1 feet to a 4 x 4 survey post marked L3,C,HDP, standing at the southwest corner of said Stump

5.534 acre tract, and at the most eastern corner of that certain 10.674 acre tract conveyed by Jessie R. Bryan et al to James Lunsford and Mary Lunsford by deed dated November 14, 1927, recorded December 9, 1927, in Volume 136 Official Records at page 74 therein, Monterey County Records, California, thence leave said Stump 5.534 acre tract and along the exterior boundaries of said Lunsford 10.764 acre tract with the following four courses and distances, (3) S. 35° 14' W., 180.8 feet to a 4 x 4 survey post marked L4C,HDP, thence (4) S. 45° 46' W., 200.7 feet to a 4 x 4 survey post marked L5,C,HDP, thence (5) S. 49° 35' W., 364.6 feet to a 4 x 4 survey post marked L6,C,HDP, thence (6) S. 41° 19' W., 384.9 feet to a 4 x 4 survey post marked L7,C,HDP, at the southern corner of said 10.674 acre tract and the eastern corner of that certain 22,060 square feet parcel of land conveyed by Toshi Hanazono to Clyde Potter et ux, by deed dated April 21, 1941 and recorded December 20, 1943 in Volume 815 Official Records at Page 373, Monterey County Records; thence, along the southeastern line of said Potter parcel of land, (7) S. 41° 19' W., 50.23 feet to survey stake at the southern corner of said Potter parcel of land and in the boundary of that certain 3.1536 acre parcel of land conveyed by Toshi Hanazono to Salinas Valley Ice Company, Ltd., a corporation, by deed dated April 16, 1942 and recorded June 19, 1942 in Volume 767 Official Records at page 391, Monterey County Records; thence, along the boundaries of said 3.1536 acre parcel of land with the following two courses and distances, (8) S. 43° 12' E., 20.10 feet to survey stake; and
(9) S. 41° 27' W., 317.20 feet to survey stake in the boundary of said 22.30 acre parcel of land above referred to; thence along the boundaries of said 22.30 acre parcel of land, the following five courses and distances, (10) S. 7° 19' E., 4.44 feet to a 4 x 4 survey post marked D,C,HDP, standing on the southerly bank of old Carr Diverting Canal, thence,
(11) S. 67° 32' E., at 54.5 feet old suction bay of Pump, and enter private drainage canal and along center of same, 826.5 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 EXHIBIT "A"
Legal Description
Chain of Title Guarantee
CLTA Guarantee Form No. 6 (06/05/2014) Printed: 08.17.23 @ 08:00 AM

feet to center of Gabilan Lateral Drainage Canal of Reclamation District No. 1665, and its 30 foot right of way for the same, thence along the center of said Gabilan Lateral Drainage Canal, and 30 foot right of way of said Reclamation District, (12) N. 25° 25' E., 155 feet to station, leave center of said Gabilan Creek Lateral Drainage Canal and Right of Way, and running
(13) N. 75° 5' W., 8.1 feet to station, thence along the center of a private drainage ditch (14) N. 15° 3' E., 1553.1 feet, at 1386 feet angle in said private drainage ditch, to the right, and leave same, at 1401.1 feet to a 4 x 4 survey post marked C,H, standing on line, 1553.1 feet to the point of beginning.

PARCEL III:

A portion of Rancho El Sausal, in the City of Salinas, County of Monterey, State of California, being a portion of that certain parcel of land granted to The Housing Authority of the County of Monterey by individual Grant Deed recorded in Reel 1800, Official Records of Monterey County, California at Page 745, described as follows:

Beginning at a Point on the Southerly boundary of said parcel of land, from which, the most Southerly corner of bears the following two courses: (a) S. 80° 46' 00" E., 281.19 feet and (b) S. 7° 19' 00" E., 25.56 feet, thence from said Point of Beginning and along said southerly boundary,
(1) N. 80° 46' 00" W., 151.68 feet to a point on the Easterly line of Sherwood Drive as widened by Deed recorded June 11, 1973, in Reel 852, Official Records of Monterey County, at Page 422, thence along said line, (2) N 27° 42' 00" E., 21.09 feet, thence
(3) S. 80° 46' 00" E., 145.00 feet, thence
(4) S. 9° 14' 00" W., 20.00 feet to the point of beginning.

PARCEL IV:

A right of way, 20 feet in width, for road purposes, for joint use, as described in the Grant Deed from Toshi Hanazano to Salinas Valley Ice Company, LTD., a corporation, recorded June 19, 1942 in Volume 797, Page 391, Official Records of Monterey County.

DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 Exhibit B
Exis
ting Infrastructure Map

DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 Exhibit C
Sum
mary of Public Grants and Conditions as of 2/15/24

Agency
Grant
Number,
Grant
Amount
Grant
Contract
Executed
Notes Restriction Type Date
Recorded
1 State Coastal
Conservancy
(SCC)
15-128,
$2,500,000
11/22/2016 Funding for
land
acquisition.

Conditions
apply to
entire
property
Irrevocable offer
to dedicate title
in fee and
declaration of
restrictive
covenants
1/25/2017
2 California
Natural
Resources
Agency
(CNRA) #1
R81790-0,
$500,000
11/22/2016 Funding for
land
acquisition.

Conditions
apply to two
APNs: 003-212-
007, 261-191-
007
Memorandum of
unrecorded grant
agreement
(MOUGA)
1/25/2017
3 California
Department
of Parks and
Recreation
(DPR)
SW-27-005,
$8,498,748
1/26/2022,
amended
1/5/23
Funding for
neighborhood
park
construction.

Deed
restriction
applies to 6-
acre
Neighborhoo
d Park. 30-
year duration:
7/1/2020 –
6/30/2050
Deed restriction 5/6/2022
4 California
Natural
Resources
Agency
(CNRA) #2
UG2113-0,
$3,673,917
11/7/2023 Funding for
restoration
area
construction.

See conditions
summary below

5 Department
of Water
Resources
(DWR)
4600015506,
$2,500,000
12/13/23 Funding for
restoration
area
construction.

See conditions
summary below

All information provided below constitutes summary information and not a complete list of conditions, and in the event of any inconsistency between the summary information and the grant contract(s) the grant contract(s) terms shall control. City has been provided with copies of the grant contract(s).

DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14

1. SCC Condition
s Summary:
a. The Real Property shall be used solely for the purposes of public access, open space protection, wildlife habitat and environmental restoration (collectively, the “Acquisition Purposes”). No use of the Real Property inconsistent with the Acquisition Purposes is permitted. Notwithstanding the foregoing, the Real Property may be used for agricultural activities for an interim period ending no later than 7 (seven) years from the date of recording of this Offer and Declaration, to allow for a community process to determine the long-term use of the Real Property. Following the interim period, a portion of the Real Property may be used for a small demonstration farm, as a permissible public access and open space use, subject to the prior written approval of the Conservancy, provided that such use remains consistent with and does not materially impair the other Acquisition Purposes. Any proceeds received by the Offeror from the agricultural use of the Real Property shall be deposited to and held in a dedicated stewardship fund for the Real Property and used solely to maintain or restore the Real Property. No development, as defined in California Public Resources Code section 30106, shall be undertaken on the Real Property except that development for and in furtherance of the Acquisition Purposes or for prudent and reasonable management and stewardship of the Property (such as development necessary to address hazards or to avoid injury, or other similar activities).
b. The Real Property shall not be used as security for any debt without the written approval of the Executive Officer of the Conservancy.
c. Any transfer of the Real Property, or portion of or interest in it, is subject to the prior written approval of the Executive Officer of the Conservancy. The transferee, including any party accepting title to the Real Property pursuant to paragraph 1, above, shall be subject to all provisions of this Offer and Declaration, including, without limitation, the Restrictions. If the Conservancy deems necessary, prior to the approval of any transfer of the Real Property, the transferee and the Conservancy shall enter into a new agreement sufficient to protect the interest of the people of California.
d. The Real Property shall not be used for mitigation (in other words, to compensate for adverse changes to the environment elsewhere) without the written permission of the Executive Officer. In providing permission, the Executive Officer may require that funds generated in connection with any authorized or allowable mitigation on the Real Property will be promptly remitted to the Conservancy. e. If the Real Property is under threat of condemnation or condemnation proceedings have been initiated, as defined above, the Offeror shall promptly notify the Conservancy in writing, shall assert any applicable presumption regarding the use of the Real Property for the Acquisition Purposes as the highest and best use under Public Resources Code §5542.S(a), Code of Civil Procedure § 1240.680 or any successor, subsequent or other legislation, and shall use its best efforts to obtain th e maximum compensation possible. Upon receiving condemnation proceeds, the Offeror shall promptly pay to the Conservancy a percentage of the condemnation proceeds equivalent to the respective percentage of the total acquisition cost originally contributed by the Conservancy (_63.29114%). f. The Offeror shall regularly monitor the Real Property for compliance with the Acquisition Purposes, consistent with the written “Monitoring and Reporting Program” dated November 15, 2016, and approved by the Conservancy, a copy of which is on file at the office of the Conservancy and the Offeror. The Monitoring and Reporting Program may be revised and amended by written agreement of the Offeror and the Conservancy, as needed to ensure and document ongoing compliance with the Acquisition Purposes. The Offeror shall submit a periodic monitoring report to the DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 Conserva
ncy, as required by the Monitoring and Reporting Program. On transfer of the Real Property, or any portion of or interest in the Real Property, under paragraph 2(c), above, the Offeror shall provide a copy of the Monitoring and Reporting Program to the transferee. On reasonable prior notice to the Offeror, the Conservancy shall have the right to inspect the Real Property to ascertain compliance with this Offer and Declaration.
g. Offer and Declaration shall be deemed covenants and restrictions running with the land, shall be effective limitations on the use of the Real Property from the date of recordation of this document, and shall bind the Offeror and all its successors and assigns. This Offer and Declaration shall benefit the State of California.

2. CNRA (#1) Conditions Summary:
a. The Real Property (including any portion of it or any interest in it) may not be sold or transferred without the written approval of the State of California, acting through the Natural Resources Agency, or its successor, provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained.
b. The Grantee shall not use or allow the use of any portion of the real property for mitigation without the written permission of the State. c. The Grantee shall not use or allow the use of any portion of the real property as security for any debt.

3. DPR Conditions Summary:
a. Irrevocable deed restriction with a term 5/6/2022 through 6/30/2050. b. DPR has right of entry at times acceptable to Owner to verify compliance. c. Restricts property use to those uses identified in Grant #SW-27-005 generally including customary parks and open space uses such as playground, basketball court, skate spot, natural amphitheater, gazebo, picnic areas, BBQ, trails, pathways, restrooms, parking lots with lighting, landscaping, and other open spaces. d. The property and its uses are subject to the terms of California Drought, Water, Parks, Climate, Coastal Protections, and Outdoor Access for All of 2018 Parks Bonds Act Statewide Park Development and Community Revitalization Program. e. Grant funds are reimbursable and 20% of the grant amount, or approximately $1.7 million, is retained by DPR for the final reimbursement payment and will not be released to BSLT until all grant conditions are satisfied, including opening the park to the public.
f. The GRANTEE agrees that the GRANTEE shall operate and maintain the property acquired or developed with the GRANT MONIES, for the duration of the Contract Performance Period.
g. The GRANTEE agrees that, during the Contract Performance Period, the GRANTEE shall use the property acquired or developed with GRANT MONIES under this contract only for the purposes of this grant and no other use, sale, or other disposition or change of the use of the property to one not consistent with its purpose shall be permitted except as authorized by the STATE and the property shall be replaced with property of equivalent value and usefulness as determined by the STATE. h. The property acquired or developed may be transferred to another entity if the successor entity assumes the obligations imposed under this CONTRACT and with the approval of STATE.
i. Any real Property (including any portion of it or any interest in it) may not be used as security for any debt or mitigation, without the written approval of the STATE provided that such approval shall not be unreasonably withheld as long as the purposes f or which the Grant was awarded are maintained. Any such permission that is granted does not make the STATE a guarantor or a surety for any debt or mitigation, nor does it waive the STATE’S rights to enforce performance under the Grant CONTRACT.

DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 j. All real proper
ty, or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants approved by the STATE. If the project property is taken by use of eminent domain, GRANTEE shall reimburse ST ATE an amount at least equal to the amount of GRANT MONIES received from STATE or the pro-rated full market value of the real property, including improvements, at the time of sale, whichever is higher.
k. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify STATE within 10 days of receiving the complaint.

4. CNRA (#2) Conditions Summary:
a. The State is aware of and approves the conveyance of the property to the City of Salinas (City) after Project improvements are completed. Such approval is contingent, however, upon the submission of a signed authorizing resolution from the City’s governing board and Grantee’s execution of an Assignment and Assumption of River Parkways Grant #R81790-0 and Urban Greening Grant #UG2113-0 to the City concurrent with the transfer of the property. Grantee shall first obtain the State’s approval of the form of the Assignments, which shall not be unreasonably withheld. b. Use of Facilities
i. The real property (including any portion of it or any interest in it) may not be sold or transferred without the written approval of the State of California, acting through the Natural Resources Agency, or its successor, provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained. ii. Grantee shall maintain, operate, and use the Project in fulfillment of the purpose funded pursuant to this Grant for a minimum of 25 years, consistent with the Land Tenure/Site Control requirements included in the Application Guidelines. The Grantee, or the Grantee’s successor in interest in the property, may assign without novation the responsibility to maintain and operate the property in accordance with this requirement only with the written approval of the State. Grantee may be excused from its obligations for operation and maintenance of the Project site only upon the written approval of the State for good cause. “Good cause” includes, but is not limited to, natural disasters that destroy the Project improvements and render the Project obsolete or impracticable to rebuild.
iii. Grantee shall use the property for the purposes for which the Grant was made and shall make no other use or sale or other disposition of the property. This Agreement shall not prevent the transfer of the property from the Grantee to a Public Agency, if the successor Public Agency assumes the obligations imposed by this Agreement.
iv. If the use of the property is changed to a use that is not permitted by the Agreement, or if the property is sold or otherwise disposed of, at the State’s sole discretion, an amount equal to: (1) the amount of the grant, (2) the Fair Market Value of the real property, or (3) the proceeds from the sale or other disposition, whichever is greater, may be reimbursed to the State. If the property sold or otherwise disposed of is less than the entire interest in the property funded in the Grant, an amount equal to either the proceeds from the sale or other disposition of the interest or the Fair Market Value of the interest sold or otherwise disposed of, whichever is greater, shall be reimbursed to the State.
v. The Grantee shall not use or allow the use of any portion of the real property for mitigation without the written permission of the State.

DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 vi. The Gra
ntee shall not use or allow the use of any portion of the real property as security for any debt.

5. DWR Conditions Summary:
a. Post-Performance Reports: Grantee shall submit Post-Performance Reports. Post- Performance Reports shall be submitted to State within ninety (90) calendar days after the first operational year of the Project has elapsed. This record keeping and reporting process shall be repeated annually for a total of 3 years after the completed Project begins operation.
b. OPERATION AND MAINTENANCE OF PROJECT. For the useful life of construction and implementation projects and in consideration of the funding made by State, Grantee agrees to ensure or cause to be performed the commencement and continued operation of the Project, and shall ensure or cause the Project to be operated in an efficient and economical manner; shall ensure all repairs, and replacements necessary to the efficient operation of the same are provided; and shall ensure or cause the same to be maintained in as good and efficient condition as upon its construction, ordinary and reasonable wear and depreciation excepted. The State shall not be liable for any cost of such maintenance, management, or operation.

Grantee or their successors may, with the written approval of State, transfer this responsibility to use, manage, and maintain the property. For purposes of this Funding Agreement, “useful life” means period during which an asset, property, or activity is expected to be usable for the purpose it was acquired or implemented; “operation costs” include direct costs incurred for material and labor needed for operations, utilities, insurance, and similar expenses, and “maintenance costs” include ordinary repairs and replacements of a recurring nature necessary for capital assets and basic structures and the expenditure of funds necessary to replace or reconstruct capital assets or basic structures. Refusal of Grantee to ensure operation and maintenance of the Project in accordance with this provision may, at the option of State, be considered a breach of this Funding Agreement and may be treated as default under Paragraph 11, “Default Provisions.”
c. PROJECT MONITORING PLAN REQUIREMENTS. The Monitoring and Maintenance Plan shall outline the Grantee’s plans for monitoring the restored site, assessing maintenance needs, and carrying out known and unanticipated maintenance actions necessary or required during and after completion of the Project in accordance with Exhibit A “Work Plan.” The Grantee shall prepare a draft Monitoring and Maintenance Plan during the design phase of the Project and submit it to the State in accordance with Exhibit A “Work Plan.” The Final Monitoring and Maintenance Plan must be approved by the State prior to disbursement of grant funds for construction or monitoring activities. The Monitoring and Maintenance Plan shall include the elements described in Exhibit D.
d. NOTIFICATION OF STATE. The Grantee shall promptly notify the State, in writing, of the following items:
i. Events or proposed changes that could affect the scope, budget, or work performed under this Funding Agreement. The Grantee agrees that no substantial change in the scope of the Project will be undertaken until written notice of the proposed change has been provided to the State and the State has given written approval for such change. Substantial changes generally include changes to the scope of work, schedule or term, and budget.

DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 ii. Any public or m
edia event publicizing the accomplishments and/or results of this Funding Agreement and provide the opportunity for attendance and participation by the State’s representatives. The Grantee shall make such notification at least 14 calendar days prior to the event. iii. Discovery of any potential archaeological or historical resource. Should a potential archaeological or historical resource be discovered during construction, the Grantee agrees that all work in the area of the find will cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the State has determined what actions should be taken to protect and preserve the resource. The Grantee agrees to implement appropriate actions as directed by the State.
iv. The initiation of any litigation or the threat of litigation against the Grantee regarding the Project or that may affect the Project in any way. v. Final inspection of the completed work on a project by a Registered Civil Engineer, in accordance with Standard Condition D.17, “Final Inspections and Certification of Registered Civil Engineer.” The Grantee shall notify the State’s Project Manager of the inspection date at least 14 calendar days prior to the inspection in order to provide the State the opportunity to participate in the inspection.
e. PROJECT ACCESS: The Grantee shall ensure that the State, the Governor of the State, or any authorized representative of the foregoing, will have safe and suitable access to the Project site at all reasonable times during Project construction and thereafter for the term of this Agreement.
f. SUCCESSORS AND ASSIGNS: This Funding Agreement and all of its provisions shall apply to and bind the successors and assigns of the parties. No assignment or transfer of this Funding Agreement or any part thereof, rights hereunder, or interest herein by the Grantee shall be valid unless and until it is approved by State and made subject to such reasonable terms and conditions as State may impose.

DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 Exhibit D
Summ
ary of
Permits and Conditions as of 2/16/24

Agency,
Permit/
Condition
Type
Condition/Requirement General
Timing Status
State Water
Resources
Control
Board 401
Application
None. n/a Approved.

CDFW, Lake
and
Streambed
Alteration
(1602) Permit
Permit attached as Exhibit J. n/a Approved.

CDFW,
Incidental
Take Permit
Permit attached as Exhibit I. n/a Approved.

Army Corps
of Engineers,
404 Permit
Condition 1: To remain exempt from the prohibitions of
Section 9 of the Endangered Species Act, the non-
discretionary Terms and Conditions for incidental take of federally-listed Species shall be fully implemented as
stipulated in the Biological Opinions titled Programmatic Biological Opinion for California Red-Legged Frog,
California Tiger Salamander, and Santa Cruz Long-Toed
Salamander on Issuance of Recovery Permits and
Recovery Projects in Santa Cruz, Monterey, and San
Benito Counties, California (08EVEN00-2017-F-0584”
(pages 30-31), dated November 9, 2018 (Enclosure 3)
and “Endangered Species Act Section 7(a)(2) Biological
Opinion, and Magnuson-Stevens Fishery Conservation
and Management Act Essential Fish Habitat Response for
the Program for restoration projects within the NOAA
Restoration Center's Central Coastal California Office
jurisdictional area in California (WCR-2015-3755)” (pages 81-82). Project authorization under the NWP is conditional upon compliance with the mandatory terms and
conditions associated with incidental take. Failure to
comply with the terms and conditions for incidental take, where a take of a federally-listed species occurs, would constitute an unauthorized take and non-compliance
with the NWP authorization for your project. The USFWS
and NMFS are, however, the authoritative federal
agencies for determining compliance with the incidental take statements and for initiating appropriate
enforcement actions or penalties under the Endangered
Species Act.
n/a Approved.

DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 Agency,
Permit/
Condition
Type
Condition/Requirement General
Timing Status
Army Corps
of Engineers,
404 Permit
Condition 2. Incidents where any individuals of salmonids listed by NOAA Fisheries under the Endangered Species
Act appear to be injured or killed as a result of discharges of dredged or fill material into waters of the United States or structures or work in navigable waters of the United States authorized by this NWP shall be reported to NOAA Fisheries, Office of Protected Resources at (301) 713-1401 and the Regulatory Office of the San Francisco District of the U.S. Army Corps of Engineers at (415) 503- 6795. The finder should leave the plant or animal alone, make note of any circumstances likely causing the death or injury, note the location and number of individuals involved
and, if possible, take photographs. Adult animals should not be disturbed unless circumstances arise where they
are obviously injured or killed by discharge exposure, or some unnatural cause. The finder may be asked to carry
out instructions provided by NOAA Fisheries, Office of
Protected Resources, to collect specimens or take other measures to ensure that evidence intrinsic to the
specimen is preserved.

Army Corps
of Engineers,
404 Permit
Condition 3: Restoration performance standards shall be adhered to as per the “Carr Lake Restoration and Park
Development Project Concept Restoration Plan Report,”
dated April 30, 2020, and monitoring reports shall be
submitted to the Corps by December 31 for five years
following the completion of construction, then in years 7 and 10. This report shall include dated photographs of
the project area. If performance standards are not being met, a brief explanation of the difficulties and potential remedial actions shall be provided.

Army Corps
of Engineers,
404 Permit
Condition 4: All work shall be confined to the dry season (March 15-October 15). If there is no significant rain event (0.5 inch within 24 hours) predicted in the two-week
forecast, the permittee may request permission to extend the work window beyond October 15. The permittee
must receive authorization from the Corps in writing
before continuing work beyond October 15.

Army Corps
of Engineers,
404 Permit
Condition 5: All staging, maintenance, and storage of
heavy machinery shall be conducted in such a location
and manner that no fuel, oil, or other petroleum products may run off or be washed by rainfall into the water.

Army Corps
of Engineers,
404 Permit
Condition 6: The permittee will conduct cultural resource training for all construction personnel, and
archaeological and tribal monitoring for ground-
disturbing work as proposed in the report, titled “Cultural Resource Assessment: Carr Lake Project at 618 Sherwood
Drive in Salinas, Monterey County, California,” dated
February 2021.

DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 Agency,
Permit/
Condition
Type
Condition/Requirement General
Timing Status
Army Corps
of Engineers,
404 Permit
Condition 7: A post construction report shall be submitted 45 days after the conclusion of construction activities. The report shall document construction activities and contain as-built drawings (if different from drawings submitted with application) and include before and after
photographs.

CEQA
Requirements

City, CEQA AES-1 Aesthetics: A photometric lighting plan shall be submitted for review and approval to the Community
Development Department demonstrating compliance
with City Standards with regards to light and glare.

Prior to
construction
Submitted to
City in
summer
2023.

City, CEQA AG-1 Agricultural Resources: A Notice of Right to Farm Agreement shall be recorded on the project site.

Recordation of the Notice of Right to Farm Agreement
shall be coordinated with the Public Works Department
(200 Lincoln Avenue, 831-758-7241).

Prior to
construction
Finalized
and
recorded
8/22/23.

City, CEQA AG-2 Agricultural Resources: A Long-Term Adaptive Management Plan for the park and restoration area shall be submitted for review and approval to the Community
Development Department. The plan shall include
vegetation management, insect and pest control, weed
control, and sediment removal. The plan shall also
identify proposed funding sources and anticipated
annual budget for proposed management activities.

Prior to
construction
Plan
prepared
and
submitted to
City summer
2023.

City, CEQA AG-3 Agricultural Resources: A Fencing Management Plan shall be submitted for review and approval to the
Community Development Department. The plan shall
identify the location and design of fencing appropriate for placement within a floodway. The plan shall also
identify the type and location of temporary wildlife
exclusion fencing that is located along perimeters of the project site that abuts farmland during the dry season
when active farming is occurring, as needed.

Prior to
construction
Plan
prepared
and
submitted to
City summer
2023.

City, CEQA AQ-1 Air Quality: During construction, the applicant or successor in interest shall:
a) Limit grading to 8.1 acres per day, and limit grading and excavation to 2.2 acres per day.
b) Provide watering trucks on site to maintain adequate soil moisture during grading and water
graded/excavated areas at least twice daily, thus
minimizing dust generation. In addition, the water
trucks shall be used to wash down trucks and
tractors, including earth loads, prior to entering
public roadways.
c) Prohibit all grading activities during periods of high wind.

During
construction.

DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 Agency,
Permit/
Condition
Type
Condition/Requirement General
Timing Status
d) Maintain a minimum of two feet for freeboard for all haul trucks.
e) Cover all trucks hauling dirt, sand, or loose materials. f) Cover inactive storage piles.
g) Enforce a 15-mph speed limit for all unpaved
surfaces when visible dust clouds are formed by
vehicle movement.
h) Place gravel base near site entrances to clean tires prior to entering public roadways.

City, CEQA AQ-2 Air Quality: Consult with the Monterey Bay Air Resources District regarding the potential need for a
diesel health risk assessment and shall mitigate diesel impacts to a less than significant level in accordance
with the Air District requirements.

During
construction.

City, CEQA AQ-3 Air Quality: All applicable permits from the Monterey Bay Air Resources District shall be obtained for building demolition and construction.

During
construction.

City, CEQA BIO-1 Biological Resources: The following measures shall be implemented to protect adjacent retained
herbaceous riparian/ wetlands and downstream waters
from inadvertent impacts during construction and to
mitigate for impacts to on-site wetland and riparian
resources temporarily impacted by the project.
a. Prior to construction, obtain all necessary permits
from regulating agencies, such as the US Army Corps of
Engineers (USACE), California Department of Fish and
Game (CDFW), Regional Water Quality Control Board
(RWQCB), and City of Salinas;
b. Install temporary construction fencing at the
edge of the construction area to prevent inadvertent
impacts to herbaceous riparian/wetlands located
outside the project area. This fencing should remain
in-place until all project construction is complete;
c. Install erosion control measures/construction Best
Management Practices (BMP’s) during construction to
prevent any inadvertent impacts to downstream
sections of Gabilan Creek, Hospital Ditch, or nearby
Natividad Creek. Such measures shall include use of
silt fencing, straw wattles, and seeding/revegetation of disturbed area with a native erosion control seed mix
prior to the onset of the winter rainy season;
d. Implement features of the Restoration Plan that
pertain to the restored creeks, including erosion control seeding, planting of native wetland species, and
allowing recruitment of other native wetland and
riparian plant species. Monitor plan implementation and success of revegetation for a five (5) year period after construction;
Prior to and
during
construction.

Permit
applications
approved.

DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 Agency,
Permit/
Condition
Type
Condition/Requirement General
Timing Status
e. Control occurrences of invasive, non-native plant
species. Monitor removal and control measures for a
five (5) year period after construction;
f. All refueling, maintenance, and staging of equipment and vehicles will occur at least 100-feet from any
riparian habitat or water body, unless protective spill measures are implemented;
g. The number of access routes, number and size of
staging areas, and the total area of the activity shall be limited to the minimum necessary to achieve the
project goal. These areas shall be outside of the
riparian/wetland areas;
h. To control erosion during and after project
implementation, the Applicant or successor-in-interest
shall implement BMP’s, as may be identified by the
RWQCB; and
i. Restore areas of temporary impacts with an
appropriate assemblage of native riparian, wetland,
and upland vegetation suitable for the areas of
temporary impacts.

City, CEQA BIO-2 Biological Resources: To avoid impacts to migratory birds and raptors that may be present in the project
area, it is preferable that ground disturbance (including stripping, vegetation removal, grading, and excavation) shall be schedules for the period of September 1 to
February 1 of any given year.

If project activities during the nesting season (February 1 through September 1) of protected raptors and other
avian species are unavoidable and are scheduled
during the nesting season, a focused survey for active
nests of such birds shall be conducted by qualified
biologist within three (3) days prior to the beginning of project activities. Surveys shall be conducted in all
suitable habitat located at project work sites, in staging, storage and soil stockpile areas, and along transportation routes. The minimum survey radii surrounding the work
area shall be the following: i) 250 feet for passerines; ii) 500 feet for other small raptor such as accipiter’s; and iii) 1,000 feet for larger raptors such as buteos. Surveys shall be conducted at the appropriate times of day, and
during appropriate nesting times and shall concentrate
on areas of suitable habitat. If a lapse in project activities of seven (7) days or longer occurs, another focused
nesting bird survey will be required before project
activities can be reinitiated. If nesting bords are
identified during pre-construction surveys, an appropriate buffer shall be imposed within which no construction
Prior to
construction.

DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 Agency,
Permit/
Condition
Type
Condition/Requirement General
Timing Status
activities or disturbance will take place (generally 300 feet in all directions). A qualified biologist shall be on-site during work re-initiation in the vicinity of the nest offset to ensure that the buffer is adequate and that the nest is not stressed or abandoned to comply with the Fish and
Game Code (FGC) of California and the federal
Migratory Bird Treaty Act (MBTA) of 1918. No work shall proceed in the vicinity of an active nest until such time as all young are fledged, as determined by the qualified
biologist, or until after September 1 (when young are
assumed fledged).

City, CEQA BIO-3 Biological Resources: The following measures shall be implemented to avoid, minimize and mitigate for
impacts to special status wildlife species during project construction:
a. Prior to construction, obtain all necessary permits and authorizations from CDFW, Service and NMFS.
b. Implement all avoidance, minimization and
mitigation measures as outlined by regulating
agencies;
c. The following measures shall be implemented to
avoid, minimize and mitigate potential impacts to
listed California red-legged frog and California tiger- salamander (listed species):

1.At least 30 days prior to the onset of activities, the Applicant or Project Proponent shall submit the
name(s) and credentials of qualified biologists to
the United States Fish and Wildlife Service (USFWS)
and California Department of Fish and Wildlife
(CDFW). The Applicant or Project Proponent shall
submit the name(s) and credentials of the biologists
who would conduct activities specified in the
following measures. No project activities shall begin
until proponents have received written approval
from the USFWS and CDFW that the biologist(s) is
qualified to conduct the work.

2.A USFWS and CDFW-approved biologist shall survey
the work site no more than 48-hours before the
onset of activities. If species are found, the
approved biologist shall relocate the animals to any
area of suitable habitat either upstream or
downstream and well away from the project work
area. Only USFWS and CDFW-approved biologists
shall participate in activities associated with the
capture, handling, and moving of listed species.

3.Before any activities begin on a project, a USFWS
and CDFW-approved biologist shall conduct a
training session for all construction personnel. At a
Prior to and
during
construction
phase, as
applicable.

Permit
applications
approved.

DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 Agency,
Permit/
Condition
Type
Condition/Requirement General
Timing Status
minimum, the training shall include a description of
listed species and its habitat, the importance of the
species and its habitat, general measures that are
being implemented to conserve the species as they
relate to the project, and the boundaries within
which the project may be accomplished.

Brochures, books, and briefings may be used in the
training session, provided that a qualified person is
on hand to answer any questions.

4.A USFWS and CDFW-approved biologist shall be
present at the work site until such time as all
removal of the listed species, instruction of workers,
and habitat disturbance have been completed.

After this time, the contractor or permittee shall
designate a person to monitor on-site compliance
with all minimization measures. The USFWS and
CDFW-approved biologist shall ensure that this
individual receives training outlined in above No. 3
of Mitigation Measure BIO-3 and in the identification
of California red-legged frogs and California tiger
salamander. The monitor and the USFWS and
CDFW-approved biologist shall have the authority
to halt any action that might result in impacts that
exceed the levels anticipated by the United States
Army Corps of Engineers (USACE) and USFWS during
review of the proposed action. If work is stopped,
the USACE and USFWS shall be notified immediately
by the USFWS and CDFW-approved biologist or on-
site biological monitor.

5.During project activities, all trash that may attract predators shall be properly contained, removed
from the work site, and disposed of regularly.

Following construction, all trash and construction
debris shall be removed from work areas.

6.All refueling, maintenance, and staging of
equipment and vehicles shall occur at least 20
meters from any riparian habitat or water body.

The permittee shall ensure contamination of habitat
does not occur during such operations. Prior to the
onset of work, the permittee shall prepare a plan to
allow a prompt and effective response to any
accidental spills. All workers shall be informed of
the importance of preventing spills and of the
appropriate measures to take should a spill occur.

7.A USFWS and CDFW-approved biologist shall
ensure that the spread or introduction of invasive
exotic plant species shall be avoided to the
maximum extent possible. When practicable,
DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 Agency,
Permit/
Condition
Type
Condition/Requirement General
Timing Status
invasive exotic plants in the project areas shall be
removed.

8.Project sites shall be revegetated with an
appropriate assemblage of native riparian,
wetland, and upland vegetation suitable for the
area. A species list and restoration and monitoring
plan shall be included with the project proposal for
review and approval by the USFWS and USACE.

Such a plan must include, but not be limited to,
location of the restoration, species to be used,
restoration techniques, time of the year the work will
be done, identifiable success criteria for
completion, and remedial actions if the success
criteria are not achieved.

9.The number of access routes, number and size of
staging areas, and the total area of the activity
shall be limited to the minimum necessary to
achieve the project goal. Routes and boundaries
shall be clearly demarcated, and these areas shall
be outside of riparian and wetland areas.

10.Work activities shall occur during periods specified by above listed permitting agencies.

11.To control erosion during and after project
implementation, the Applicant shall implement
best management practices, as may be identified
by RWQCB.

12.Where the work site is to be temporarily dewatered
by pumping, intakes shall be completely screened
with wire mesh not larger than five (5) millimeters
(mm) to prevent the listed species from entering
the pump system. Water shall be released or
pumped downstream at an appropriate rate to
maintain downstream flows during construction.

Upon completion of construction activities, any
barriers to flow shall be removed in a manner that
would allow flow to resume with the least
disturbance to the substrate.
d. The following measures shall be implemented to avoid and minimize potential impacts to steelhead and
chinook salmon (listed species):

1.During construction, a USFWS or National Marine
Fisheries Service (NMFS)-approved biologist shall
remove from within the project area, any individuals
of exotic species, such as bullfrogs, crayfish, and
centrarchid fishes that are encountered.

2.A dewatering structure shall be installed and water
will be directed away from the instream work area
through a minimum 10-inch diameter pipe. Water will
DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 Agency,
Permit/
Condition
Type
Condition/Requirement General
Timing Status
be diverted downstream into a reach of creek
below the work area. The project’s engineering
plans will identify the diversion structure, cross-section diagram, diversion pipe location, and dewatering
plan details.

3.Dewatering activities may require the temporary
relocation of fish and larval or neotonic
salamanders. In case any fish are found on the
project site, the following measures will be
implemented to minimize potential fish mortality
during relocation activities:
a. Block nets will be placed at the upper and lower
extent of the diversions to ensure that salmonids
upstream and downstream do not enter the areas
proposed for dewatering. Keep the intake/inlet
screened for the duration of construction to
prevent fish passage into the diversion pipe.
b. If electrofishing techniques are utilized during fish relocation activities, activities will comply with
NMFS’ Backpack Electrofishing Guidelines (June
2000) available at
http://www.fwspubs.org/doi/suppl/10.3996/112016-
JFWM-083/suppl_file/fwma-08-01-
30_reference+s02.pdf.
c. Field supervisors and crew members must have
appropriate training and experience with
electrofishing techniques. Training for field
supervisors can be acquired from programs such
as those offered from the U.S. Fish and Wildlife
Service – National Conservation Training Center
(Principles and Techniques of Electrofishing
course).
d. A crew leader having at least 100 hours of
electrofishing experience in the field using similar
equipment must train the crew. The crew leader’s
experience must be documented and available
for confirmation; such documentation may be in
the form of a logbook.
e. Electrofishing may not be performed if water
temperatures exceed 18-Celsius, or could
reasonably be expected to rise above this
temperature during the activities.
f. At least one (1) assistant shall aid the biologist
during the electrofishing by netting stunned fish
and other aquatic vertebrates.
g. Each electrofishing session must start with all
equipment settings (voltage, pulse width, and
pulse rate) set to the minimums needed to capture
DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 Agency,
Permit/
Condition
Type
Condition/Requirement General
Timing Status
fish. These setting should be gradually increased
only to the point where fish are immobilized and
captured, and not allowed to exceed the
specified maxima: Voltage = 100V (Initial) – 400V
(Max); Pulse width = 500 mS (Initial) – 5 mS (Max);
Pulse rate = 30 Hz (Initial) – 70 Hz (Max).
h. A minimum of three (3) passes with the
electrofisher will be utilized to ensure maximum
capture probability of salmonids within the area
proposed for dewatering, unless the number of fish
captured in the second pass is less than 10-percnt
of the first pass. In that case, two (2) passes are
adequate. If fish are present on any pass, a
minimum of 20 minutes will separate the beginning
of each pass through the project reach to allow
time for fish that are not captured to become
susceptible to the electrofishing again.
i. All captured fish will be held in water with
temperatures not greater than ambient in-stream
temperatures. If cooling is uses, water
temperatures will be maintained not more than
three (3) degrees Celsius less than ambient in-
stream temperatures. All captured fish will be held
in well-oxygenated water, with a dissolved oxygen
level of not less than seven (7) parts per million.
j. Prior to release, the following information shall be recorded: 1) list fish species, 2) visual determination of age, 3) describe injuries and fatalities by age
class, 4) document successfully relocated fish by
age class for each relocation site, and 5)
document date and time of release of fish to each
relocation site.
k. Fish shall be subject to the minimum handling and
holding times required. All captured fish will be
allowed to recover from electrofishing and other
capture gear before being returned to the stream.

All captured fish will be processed and released
prior to any subsequent electrofishing pass or
netting effort.
l. All captured fish will be released in the best
available habitat in closest proximity to the work
area, preferably upstream of the block nets to
facilitate redistribution into dewatered areas
following construction activities.

City, CEQA CU-1 Cultural Resources and TCR-1 Tribal and Cultural Resources: In the event that cultural materials are
encountered during grading/construction, all work shall cease until the find has been evaluated and mitigation
During
construction.

DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 Agency,
Permit/
Condition
Type
Condition/Requirement General
Timing Status
measures put in place for the disposition and protection of any find pursuant to Public Resources Code Section
21083.2.

City, CEQA CU-2 Cultural Resources and TCR-2 Tribal and Cultural Resources: A qualified archaeologist and a
representative from an applicable Tribal Cultural Nation shall monitor initial ground-disturbing activities associated with project elements located in the traditional park area (the historic lake shoreline) in a manner outlined in the Archaeology Monitoring Plan to be developed prior to
construction. The cost of all related monitoring shall be covered by the Applicant or successor-in-interest.

During
construction.

Archaeology
Monitoring
Plan
complete.

City, CEQA TR-1 Transportation: The proposed project is required to install a raised median on Sherwood Drive as shown in
the “Road Alignment and Driveway Study for Carr Lake
Restoration and Park Development in Salinas, CA” (Road
Alignment Study) from Hexagon Transportations
Consultants Incorporated dated September 11, 2020.

The project includes two new driveways onto Sherwood
Drive which could create substantial hazards. The
project is required to install a raised median, otherwise the impact would be significant and unavoidable.

To maintain consistency with the existing General
Plan, no structures can be built within the proposed
alternative alignment of Bernal Road Extension, as shown in the Road Alignment Study. To maintain consistency
with the existing General Plan and to allow for
the analysis of whether future development of the Bernal Road Extension is needed a "No-Build Agreement" shall
be recorded on the project site which will prohibit the construction of permanent structures or facilities (e.g., structures or parking lots) within the area of the proposed alternative alignment. The "No-Build Agreement" will be entered into by the City and the Applicant, or its
successor in interest, prior to the issuance of grading or building permit from the City.

During
construction.

Prior to
construction.

Median
included in
design.

No build
agreement
finalized and
recorded
8/18/23.

DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 Exhibit E
Pr
oject Scope

The Carr Lake Park Project includes activities throughout the 73-acre property, divided between two major areas: the “Neighborhood Park” area and the “Park Restoration and Open Space Area”. Planned activities and general project timelines are as follows:

Neighborhood Park:

1. Size: ~6 acres

2. Project plans: This project includes grading of land and demolition of existing metal storage building structures. The two houses will remain and no improvements are planned. Construction will include two parking lots: one off Sherwood Drive and one off La Posada Way. Other park amenities to be constructed may include playgrounds, BBQ areas, amphitheater, dog park, skate park, basketball and multi-use sport court, restrooms, and pathways between the amenities and to the corner of Sherwood Drive and Sherwood Place. Landscaping will be installed as well as irrigation systems to maintain the park plantings. The existing well infrastructure will be moved away from the parking area and protected via fencing. Fencing will be constructed around most of the park perimeter. A median will be installed on Sherwood Drive, as required by City.

3. Timeline: Construction is expected to start in spring 2024 and continue through spring/early summer 2025.

Park Restoration and Open Space Area:

1. Size: ~67 acres

2. Project plans: The restoration project aims to restore and enhance 67-acres of land to improve riparian fish and wildlife habitat, improve water quality through enhancement of natural physical and biological processes and constructed stormwater treatment green infrastructure, reduce greenhouse gas emissions and enhance carbon sequestration in vegetated areas and offer public access to a large natural area with trails, boardwalks, interpretive signs, and educational opportunities. The area will be extensively graded to recreate creek channels and wetland habitat. After project completion, restored habitats will include up to 26 acres of riparian habitat and up to 40 acres of diverse upland grassland habitat. Newly constructed creek channels and a large inset floodplain will encourage infiltration, capture floodwaters, and filter sediment. Seasonal and treatment wetlands along the newly created Hospital Creek corridor will filter pollutants.

Amenities to accommodate public access will include trails, bridges and boardwalks, as well as signage, trash cans and fencing.

3. Timeline: BSLT is currently fundraising for this portion of the project and so an exact construction schedule has not yet been determined. It is anticipated that construction could occur no sooner than spring 2025 and this portion of the park could open to the public in 2026.

DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 Exhibit F
Ex
isting and Future Easements Map

DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 Exhibit G
Ex
isting Third-Party Rights

Exception
No.

All data is from First American Title Report order #2714-6914768, dated 10/10/2022 1-6 General and special taxes and assessments
7 The Land lies within the boundaries of proposed community facilities District No. 2014-1, as disclosed by a map filed MARCH 18, 2016 in BOOK 5, PAGE 15 of maps of assessment and community facilities districts.
8 The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 9 Any unpaid amounts for due or delinquent utilities owed to, or resultant liens in favor of Monterey One Water.

Contact Monterey One Water at phone number 831-645-4631 or fax number 831- 372-6178.
10 An easement for CANAL OR DITCH and incidental purposes, recorded MARCH 02, 1918 in Book 156 of Deeds, Page 211. In Favor of: RECLAMATION DISTRICT NUMBER 1665 Affects: AS DESCRIBED THEREIN.
11 The terms and provisions contained in the document entitled AGREEMENT recorded APRIL 27, 1926 as BOOK 84, PAGE 42 of Official Records. 12 An easement for POLES, WIRE LINES and incidental purposes, recorded MAY 10, 1926 as BOOK 84, PAGE 132 of Official Records.

In Favor of: SIERRA AND SAN FRANCISCO POWER COMPANY
Affects: PARCEL ONE, AS DESCRIBED THEREIN
13 An easement for ROAD and incidental purposes, recorded FEBRUARY 06, 1939 as BOOK 606, PAGE 20 of Official Records.

In Favor of: STERLING D. CARR ET AL
Affects: PARCEL ONE, AS DESCRIBED THEREIN
14 An easement for RIGHT OF WAY FOR ROAD and incidental purposes, recorded JUNE 19, 1942 as BOOK 767, PAGE 391 of Official Records.

In Favor of: TOSHI HANAZONO
Affects: PARCEL THREE, AS DESCRIBED THEREIN
15 An easement for ROAD and incidental purposes, recorded AUGUST 04, 1961 as BOOK 2171, PAGE 51 of Official Records.

In Favor of: ATSUKO OBATA ET AL
Affects: PARCEL ONE, AS DESCRIBED THEREIN
16 An easement for PERPETUAL EASEMENT FOR ROADWAY SLOPE and incidental purposes, recorded NOVEMBER 15, 1972 as BOOK 810, PAGE 3 of Official Records.

In Favor of: SALINAS, A MUNICIPAL CORPORATION
Affects: PARCEL ONE, AS DESCRIBED THEREIN
17 An easement for PUBLIC UTILITIES and incidental purposes, recorded JANUARY 16, 1987 as BOOK 2051, PAGE 922 of Official Records.

In Favor of: PACIFIC BELL, A CORPORATION
Affects: PARCEL THREE, AS DESCRIBED THEREIN
18 An easement for PUBLIC UTILITIES and incidental purposes, recorded FEBRUARY 01, 1988 as BOOK 2193, PAGE 1126 of Official Records.

In Favor of: PACIFIC GAS AND ELECTRIC COMPANY, A

CALIFORNIA CORPORATION
Affects: PARCEL ONE, AS DESCRIBED THEREIN
DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 19 An easement for PUBLIC UTILITIES and incidental purposes, recorded MARCH 24, 1988 as BOOK 2209, PAGE 887 of Official Records.

In Favor of: PACIFIC GAS AND ELECTRIC COMPANY, A

CALIFORNIA CORPORATION
Affects: PARCEL THREE, AS DESCRIBED THEREIN
20 An easement for PRIVATE RIGHT OF WAY FOR INGRESS AND EGRESS, 20 FEET WIDE and incidental purposes, recorded APRIL 30, 1997 as BOOK 3512, PAGE 540 of Official Records.

In Favor of: GEORGE A. COMEAU AND LUCILLE D. COMEAU
Affects: PARCEL THREE, AS DESCRIBED THEREIN
21 The terms and provisions contained in the document entitled IRREVOCABLE OFFER

TO DEDICATE TITLE IN FEE AND DECLARATION OF RESTRICTIVE COVENANTS recorded JANUARY 25, 2017
as INSTRUMENT NO. 2017004454 of Official Records.
22 The terms and provisions contained in the document entitled MEMORANDUM OF UNRECORDED GRANT AGREEMENT recorded JANUARY 25, 2017 as INSTRUMENT NO. 2017004455 of Official Records.
(Affects PORTION OF PARCEL ONE)
23 The terms and provisions contained in the document entitled DEED RESTRICTION recorded MAY 06, 2022 as INSTRUMENT NO. 2022021610 of Official Records. (Affects PORTION OF PARCEL ONE)
24 The Terms, Provisions and Easement(s) contained in the document entitled AMENDED EASEMENT DEED AND AGREEMENT recorded MAY 06, 2022 as INSTRUMENT NO. 2022021611 of Official Records.
25 Intentionally omitted
26 Any claim that the Title is subject to a trust or lien created under The Perishable Agricultural Commodities Act, 1930 (7 U.S.C. §§499a, et seq.) or the Packers and Stockyards Act (7 U.S.C. §§181 et seq.) or under similar state laws.

Consideration for the deletion of this exception is highly fact intensive. Please contact the underwriter assigned to your file as soon as possible to discuss. 27 Intentionally omitted
28 Rights of the public in and to that portion of the land lying within ANY STREET, ROAD, ALLEY AND/OR HIGHWAY.
29 Water rights, claims or title to water, whether or not shown by the Public Records. 30 Intentionally omitted
31 Rights of parties in possession.
32 The terms and provisions contained in the document entitled NO-BUILD AREA RESTRICTION AND AGREEMENT recorded AUGUST 18, 2023 as INSTRUMENT NO. 2023025750 of Official Records.
33 The terms and provisions contained in the document entitled NOTICE OF RIGHT TO FARM recorded AUGUST 22, 2023 as INSTRUMENT NO. 2023026114 of Official Records.

Lot line adjustment related documentation – not yet of record; TBD Amendment to neighbor’s (Higashi) existing road easement - not yet of record; TBD

DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 Exhibit H
Fu
ture Park Fencing, Creek Crossing and Median Infrastructure Map

DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 Exhibit I
CD
FW ITP Permit
(attached)

DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 State of California – Natural Resources Agency GAVIN NEWSOM, Governor DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM, Director Central Region
1234 East Shaw Avenue
Fresno, California 93710
(559) 243-4005
www.wildlife.ca.gov
Conserving California’s Wildlife Since 1870
April 28, 2023
Rachel Saunders, Director of Conservation
Big Sur Land Trust
509 Hartnell Street
Monterey, California 93940
Subject: Incidental Take Permit for Carr Lake Restoration and Park Development Project (2081-2022-027-04)
Dear Rachel Saunders:

Enclosed you will find an electronic copy of the incidental take permit for the above referenced Project, which has been digitally signed by the California Department of Fish and Wildlife (CDFW). Please read the permit carefully, sign the acknowledgement, and return the original no later than 30 days from CDFW signature, and prior to initiation of ground-disturbing activities.

You may return a hard copy of the permit via mail to:

California Department of Fish and Wildlife
Habitat Conservation Planning Branch, CESA Permitting
Post Office Box 944209
Sacramento, California 94244-2090
Alternatively, you may return an electronic copy of the permit with digital signature to [email protected]. Digital signatures shall comply with Government Code section 16.5.

Digital signatures facilitated by CDFW will be automatically returned.

You are advised to keep the permit in a secure location and distribute copies to appropriate project staff responsible for ensuring compliance with the conditions of approval of the permit.

Note that you are required to comply with certain conditions of approval prior to initiation of ground-disturbing activities. Additionally, a copy of the permit must be maintained at the project work site and made available for inspection by CDFW staff when requested.

The permit will not take effect until the signed acknowledgement is received by CDFW. If you wish to discuss these instructions or have questions regarding the permit, please contact Stephanie Manzo, Environmental Scientist, at [email protected].

Sincerely,
Julie A. Vance, Regional Manager
Central Region
California Department of Fish and Wildlife
Enclosure
DocuSign Envelope ID: 8B9E6217-85A2-4080-B42B-497F93DDFAD0 DocuSign Envelope ID: D65FCF50-C058-4548-BAF6-5EFD106C0469 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 Rev. 2021.12.21

California Department of Fish and Wildlife
Central Region
1234 EAST SHAW AVENUE
FRESNO, CALIFORNIA 93710
California Endangered Species Act
Incidental Take Permit No. 2081-2022-027-04

CARR LAKE RESTORATION AND PARK DEVELOPMENT PROJECT
I. Authority:

This California Endangered Species Act (CESA) incidental take permit (ITP) is issued by the California Department of Fish and Wildlife (CDFW) pursuant to Fish and Game Code section 2081, subdivisions (b) and (c), and California Code of Regulations, Title 14, section 783.0 et seq. CESA prohibits the take1 of any species of wildlife designated by the California Fish and Game Commission as an endangered, threatened, or candidate species.2 However, CDFW may authorize the take of any such species by permit pursuant to the conditions set forth in Fish and Game Code section 2081, subdivisions (b) and (c). (See Cal. Code Regs., tit. 14, § 783.4).

Permittee: Big Sur Land Trust
Principal Officer: Rachel Saunders, Director of Conservation Contact Person: Rachel Saunders, 831-625-5523
Mailing Address: 509 Hartnell Street
Monterey, California 93940
II. Effective Date and Expiration Date of this ITP:

This ITP shall become effective when signed by all parties and received by CDFW as described in the Notices section of this ITP. Unless renewed by CDFW, this ITP and its authorization to take the Covered Species shall expire on December 31, 2035.

Notwithstanding the expiration date on the take authorization provided by this ITP, Permittee’s obligations pursuant to this ITP do not end until CDFW accepts as complete the Permittee’s Final Mitigation Report required by Condition of Approval 7.11 of this ITP.

1Pursuant to Fish and Game Code section 86, “‘take’ means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill.” (See also Environmental Protection Information Center v. California Department of Forestry and Fire Protection (2008) 44 Cal.4th 459, 507 [for purposes of incidental take permitting under Fish and Game Code section 2081, subdivision (b), “‘take’ … means to catch, capture or kill”.) 2The definition of an endangered, threatened, and candidate species for purposes of CESA are found in Fish and Game Code sections 2062, 2067, and 2068, respectively.

DocuSign Envelope ID: 8B9E6217-85A2-4080-B42B-497F93DDFAD0 DocuSign Envelope ID: D65FCF50-C058-4548-BAF6-5EFD106C0469 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14

Incidental Take Permit
No. 2081-2022-027-04

BIG SUR LAND TRUST

CARR LAKE RESTORATION AND PARK DEVELOPMENT PROJECT

III. Project Location:

The Carr Lake Restoration and Park Development Project (Project) is located in the northwestern portion of the historic Carr lakebed in the City of Salinas, Monterey County (Figure 1). The Project is located approximately 1.3 miles northeast of downtown Salinas at

36.689589, -121.640236. The Project site is located within the United States Geological Survey Salinas 7.5-minute quadrangle. Most of the Project site is bounded by agricultural parcels to the north, east, south, and west. A residential area is located adjacent to a portion of the northern Project boundary and Salinas Union High School is located adjacent to the southern Project boundary.

IV. Project Description:

The Project includes the development of 73.1 acres of agricultural land (former Carr Lake basin) into public open space. The Project includes a 6.4-acre Neighborhood Park, a

58.5-acre Restoration Area, and 2.8 acres of multi-use trails and bridges (Figure 2).

Construction of the entire Project will occur in two phases. The first phase will comprise construction of the Neighborhood Park, and will occur over the span of 12 months, beginning in the summer of 2023 through the spring of 2024. The second phase will comprise construction of the Restoration Area, and will occur over the span of five months, beginning in the spring of 2024 through the fall of 2024. Upon completion of initial restoration activities within the Restoration Area, a 10-year, post-construction vegetation maintenance and monitoring period will follow.

The existing agricultural fields within the Project site will remain actively farmed until initiation of construction for each phase (Figure 3). Field 1 along with a 50-foot buffer in Field 2 will be taken out of production for construction of the Neighborhood Park (Phase 1). While Phase 1 is being constructed, farming will continue in the remaining fields until the construction of the Restoration Area (Phase 2). At that time, the remaining fields will be removed from production and graded.

Neighborhood Park (Phase 1)
The Neighborhood Park will be constructed on the higher elevation area in the northwestern portion of the Project site, just east of Sherwood Drive. The Neighborhood Park will include an amphitheater, skate park, dog park, multipurpose court, basketball court, play area, a community center/classroom, restrooms, a gazebo, picnic areas, turfgrass, ornamental landscape trees and plantings, walking pathways, and parking lots (Figure 2). Within the

6.4-acre Neighborhood Park, 4.9 acres of undeveloped land will be permanently removed through the construction of structures and impervious surfaces; the remaining 1.5 acres are currently developed. Equipment and materials will be staged within the 5.46-acre Phase 1 Staging Area depicted in Figure 4.

Project Activities
Project activities during Phase 1 will include: construction mobilization and staging; demolition of existing agricultural buildings, structures, and pavements; grading to include 15,000 cubic yards of cut and fill; trench digging for the installation of sanitary sewer, storm DocuSign Envelope ID: 8B9E6217-85A2-4080-B42B-497F93DDFAD0 DocuSign Envelope ID: D65FCF50-C058-4548-BAF6-5EFD106C0469 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14

Incidental Take Permit
No. 2081-2022-027-04

BIG SUR LAND TRUST

CARR LAKE RESTORATION AND PARK DEVELOPMENT PROJECT

drain, water, electrical, and irrigation mainline; construction of concrete foundations, walls, and structures; construction of parking lots, curbs, and gutters; installation of bathrooms, trash enclosures, a gazebo, and picnic shelters; construction of permeable and impervious pathways and slabs; installation of irrigation system; installation of site furnishings and amenities; installation of 1,358 linear feet of concrete rail perimeter fencing; installation of plantings in landscape and bioswales.

Restoration Area (Phase 2)
The 58.5-acre Restoration Area will create 28.6 acres of upland grassland, 18.3 acres of freshwater emergent wetland, 4.9 acres of riparian tree groves, a 4.5-acre seasonal wetland/depression, 1.1 acres of freshwater forested/shrub wetland, and 1.1 acres of seasonal wetland grass depressions (Figure 2). Equipment and materials will be staged within the 5.38-acre Phase 2 Staging Area depicted in Figure 4.

Gabilan Creek
Gabilan Creek will be transformed into a dynamic, multi-thread stream that will flow across an inset floodplain. The channel gradient of the enhanced stream will match the existing gradient of Gabilan Creek throughout the Project site. The inset floodplain will create a corridor within which Gabilan Creek can inundate and migrate within over time. A portion of the channel threads will be discontinuous or dissipate into multiple distributary channels.

Hospital Creek
Hospital Creek will mimic a freshwater marsh ecosystem. Backwater channels will be created to increase the residence time of water and allow water to infiltrate into the soil. A treatment wetland water quality feature will be created at the upstream end of the restored Hospital Creek reach within the Project site. The treatment wetland will have two in-stream pools, separated by a vegetated high-marsh area. The treatment wetland will transition into the restored, sinuous portion of Hospital Creek. An approximately 40-foot-wide by 8-foot-long concrete apron outlet control structure will be installed at this transition, directly under a pedestrian bridge crossing, to prevent downcutting and maintain depths appropriate for water quality treatment. At the mouth of the channel, flow will disperse across a delta as it enters the seasonal wetland depression.

Seasonal Wetland Depression
The Project includes creation of a 4.5-acre seasonal wetland depression at the end of the Hospital Creek stream system that will receive water from the upstream freshwater marsh ecosystem. The feature is not designed to maintain a specific hydroperiod and there will not be a liner or outlet control structure to regulate the hydroperiod. The proposed seasonal wetland depression will provide 28.8 acre-feet of storage. When full, the seasonal wetland will drain to the Reclamation Ditch downstream of the confluence with Natividad Creek at the end of the Project reach.

Existing Agricultural Ditches
To provide drainage for runoff from the adjacent agricultural fields located outside of the Project site, the existing Hospital and Gabilan Creeks will remain in their current alignment to DocuSign Envelope ID: 8B9E6217-85A2-4080-B42B-497F93DDFAD0 DocuSign Envelope ID: D65FCF50-C058-4548-BAF6-5EFD106C0469 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14

Incidental Take Permit
No. 2081-2022-027-04

BIG SUR LAND TRUST

CARR LAKE RESTORATION AND PARK DEVELOPMENT PROJECT

drain agricultural runoff. The ditches will be separated from the enhanced stream channels by soil fill plugs at the upstream end. Downstream of the soil fill plugs, water will be directed to the existing ditches as surface runoff and through existing tile drains from the adjacent fields.

Water will then flow in the ditches towards the confluence of the Hospital and Gabilan ditches, and ultimately to the seasonal wetland.

Diversion and Dewatering
A total of approximately 4,040 linear feet of existing channel in Hospital Creek, Gabilan Creek, and Natividad Creek will be temporarily diverted and dewatered using cofferdams, pumps, and piping. Diversions will only be active during the final tie-in grading between the existing channels and the proposed channels. Therefore, most of the excavation work associated with the proposed Hospital and Gabilan Creeks and floodplains will occur with no active diversion. Excavation work to create the new channels in the proposed floodplain will not involve diverting or dewatering the existing channels until the final tie-in grading between the existing channels and the new channels is performed.

Trails, Access Road, and Bridges
Approximately 8,291 linear feet (99,493 sq ft) of trail will be constructed as part of the Restoration Area. Trail construction will require the use of approximately 1,400 cubic yards of aggregate. Trails will be 8 feet wide with a 2-foot-wide shoulder on each side for an overall width of 12 feet. The 8-foot-wide portion of the trail will be a compacted aggregate. The 2- foot-wide shoulders will be a compacted native dirt material. A box culvert and permanent vehicle crossing will be installed over Hospital Creek, upstream of the proposed treatment wetland. An access road will be constructed along the western Project boundary between the site entrance near La Posada Drive and the Hospital Creek vehicle crossing. Four bridges suitable for foot traffic and light vehicles will be installed over new channels within the Restoration Area, including a raised boardwalk and observation deck over the new seasonal wetland depression.

Project Activities
Project activities during Phase 2 will include: construction mobilization and staging; temporary diversion and dewatering of a total of approximately 4,040 linear feet of channel in Hospital Creek, Gabilan Creek, and Natividad Creek; grading to include 180,000 cubic yards of cut and 34,000 cubic yards of fill to create new seasonal wetlands, reroute Hospital and Gabilan Creeks into new meandering channels, create a treatment wetland at the upstream section of Hospital Creek, create a seasonal wetland depression, and create areas of undulating upland topography; handling and temporary stockpiling of excess soil generated by grading; installation of a box culvert and permanent vehicle crossing over Hospital Creek; installation of a 40-foot-wide concrete apron outlet control structure; installation of foundational piers and anchors at raised boardwalk and observation deck; installation of bridge abutments and foundation walls; preparation and compaction of subgrade for access road and walking paths; installation of irrigation mainline; installation of 6,075 linear feet of concrete split rail fencing; installation of an aggregate base and surface along access road; construction of walking paths with aggregate base and aggregate surface over new channels; installation of DocuSign Envelope ID: 8B9E6217-85A2-4080-B42B-497F93DDFAD0 DocuSign Envelope ID: D65FCF50-C058-4548-BAF6-5EFD106C0469 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14

Incidental Take Permit
No. 2081-2022-027-04

BIG SUR LAND TRUST

CARR LAKE RESTORATION AND PARK DEVELOPMENT PROJECT

prefabricated bridge structures on top of constructed abutments and foundation walls over new channels; construction of a raised boardwalk and observation deck on top of constructed piers and anchors over the new seasonal wetland depression.

Vegetation, Maintenance, and Monitoring
Following the completion of Phase 2, the 58.5-acre Restoration Area will be vegetated with native plants comprising a mosaic of freshwater emergent wetland, forested/shrub wetland, upland grassland, and a mixture of riparian and upland trees. Vegetation activities will include hydroseeding with a native seed mix and live plantings of native plants, shrubs, and trees.

The establishment, maintenance, and monitoring period will occur for 10 years following the completion of initial restoration activities in the Restoration Area (Phase 2).

Project Activities
Project activities during the vegetation, maintenance, and monitoring period will include:
vegetation of approximately 58.5 acres, including hydroseeding during Year 1 and installation of live plants and trees throughout Years 2 and 3; installation, monitoring, and maintenance of raptor perches, raptor nesting boxes, and songbird nest boxes; invasive plant species removal, plant maintenance and replacement, mowing, browse protection, and irrigation (overhead spray); spot spraying with herbicide; periodic sediment removal from drainage channels, restored channels, and the seasonal wetland depression using heavy equipment.

Access, Staging, Equipment, and Grading
Construction access will be at the northwestern entrance to the Project site at La Posada Drive. Construction staging for heavy equipment and temporary stockpiling will be located as shown on Figure 4. Equipment will include excavators, loaders, bulldozers, vibratory compactors, scrapers, dump trucks, utility vehicles, pickup trucks, as well as water pumps and piping for diversion of creeks during construction. Grading within the Project site will generate approximately 143,000 cubic yards of material that will be removed from the site and re-purposed, recycled, or disposed of.

V. Covered Species Subject to Take Authorization Provided by this ITP:

This ITP covers the following species:

Name CESA Status3

1. California tiger salamander (Ambystoma californiense) Threatened4 This species and only this species is the “Covered Species” for the purposes of this ITP.

VI. Impacts of the Taking on Covered Species:

Project activities and their resulting impacts are expected to result in the incidental take of individuals of the Covered Species. The activities described above expected to result in incidental take of individuals of the Covered Species include all construction activities

3Under CESA, a species may be on the list of endangered species, the list of threatened species, or the list of candidate species.
4See Cal. Code Regs. tit. 14 § 670.5, subd. (b)(3)(G).

DocuSign Envelope ID: 8B9E6217-85A2-4080-B42B-497F93DDFAD0 DocuSign Envelope ID: D65FCF50-C058-4548-BAF6-5EFD106C0469 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14

Incidental Take Permit
No. 2081-2022-027-04

BIG SUR LAND TRUST

CARR LAKE RESTORATION AND PARK DEVELOPMENT PROJECT

associated with heavy equipment staging and operations; demolition of buildings, structures, and pavement; crop removal; grading, compaction, and paving; excavation; construction of concrete foundations, walls, and structures; installation of utilities and irrigation systems; landscaping; temporary diversion and dewatering of channels; rerouting channels; grading to create seasonal wetlands and channels; materials stockpiling, transport, and laydown; installation of a box culvert; construction of raised boardwalk and observation deck; installation of concrete split rail fencing; vegetation management, maintenance, and monitoring; sediment removal from the seasonal wetland depressions and channels; and other related activities described in the Project Description section of this ITP (Covered Activities).

Incidental take of individuals of the Covered Species in the form of mortality (“kill”) may occur as a result of Covered Activities such as construction vehicle/equipment strikes; crushing or suffocation by trampling, heavy equipment, and materials; and entrapment and desiccation within trenches, open pipelines, and uncovered excavations. Incidental take of individuals of the Covered Species may also occur from the Covered Activities in the form of pursue, catch, capture, or attempt to do so, of the Covered Species from capture of individuals when individuals of the Covered Species are salvaged, collected, and relocated or translocated out of harm’s way as required by this ITP. Take of the Covered Species is only authorized and expected to occur in the Project site and only as a result of Covered Activities. The areas where authorized take of the Covered Species is expected to occur include: the 73.1-acre Project site, (collectively, the Project Area).

The Project is expected to cause the permanent loss of 7.99 acres of dispersal habitat for the Covered Species, and temporary loss of 63.61 acres of dispersal habitat for the Covered Species (Figure 4). Approximately 1.5 acres of the Project Area are currently developed and will remain developed upon completion of the Project. Dispersal habitat within the Project Area is comprised of irrigated row crop agriculture. Covered Species may disperse across the Project Area, however site surveys indicate there are no refugia opportunities (e.g., burrows) given current agricultural land practices and surrounding developments. The Project Area is greater than 630 meters of known or potential Covered Species breeding habitat, thus incidental take would likely occur during dispersal. Impacts of the authorized taking include adverse impacts to the Covered Species related to temporal losses and the Project’s incremental contribution to cumulative impacts (indirect impacts). These impacts include:
introduction or spread of invasive species; stress resulting from noise, vibrations, capture, and relocation; mortality due to project related vehicle and/or heavy equipment strikes; increased competition for food and space; and increased vulnerability to predation.

VII. Incidental Take Authorization of Covered Species:

This ITP authorizes incidental take of the Covered Species and only the Covered Species.

With respect to incidental take of the Covered Species, CDFW authorizes the Permittee, its employees, contractors, and agents to take Covered Species incidentally in carrying out the Covered Activities, subject to the limitations described in this section and the Conditions of Approval identified below. This ITP does not authorize take of Covered Species from DocuSign Envelope ID: 8B9E6217-85A2-4080-B42B-497F93DDFAD0 DocuSign Envelope ID: D65FCF50-C058-4548-BAF6-5EFD106C0469 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14

Incidental Take Permit
No. 2081-2022-027-04

BIG SUR LAND TRUST

CARR LAKE RESTORATION AND PARK DEVELOPMENT PROJECT

activities outside the scope of the Covered Activities, take of Covered Species outside of the Project Area, take of Covered Species resulting from violation of this ITP, or intentional take of Covered Species except for capture and relocation of Covered Species as authorized by this ITP.

VIII. Conditions of Approval:

Unless specified otherwise, the following measures apply to all Covered Activities within the Project Area, including areas used for vehicular ingress and egress, staging and parking, and noise and vibration generating activities that may/will cause take. CDFW’s issuance of this ITP and Permittee’s authorization to take the Covered Species are subject to Permittee’s compliance with and implementation of the following Conditions of Approval:

1. Legal Compliance: Permittee shall comply with all applicable federal, state, and local laws in existence on the effective date of this ITP or adopted thereafter.

2. California Environmental Quality Act (CEQA) Compliance: Permittee shall implement and adhere to the mitigation measures related to the Covered Species in the Biological Resources section of the Carr Lake Restoration and Park Development Mitigated Negative Declaration Report (SCH No.: 2021050632) adopted by the City of Salinas on September 14, 2021 as lead agency for the Project pursuant to the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.).

3. Lake and Streambed Alteration (LSA) Agreement Compliance: Permittee shall implement and adhere to the mitigation measures and conditions related to the Covered Species in the LSA Agreement (Notification No. MON-25589-R4) for the Project executed by CDFW pursuant to Fish and Game Code section 1600 et seq.

4. Endangered Species Act Compliance: Permittee shall implement and adhere to the terms and conditions related to the Covered Species in the Programmatic Biological Opinion for California Red-Legged Frog, California Tiger Salamander, and Santa Cruz Long-Toed Salamander on Issuance of Recovery Permits and Recovery Projects in Santa Cruz, Monterey, and San Benito Counties, California (2017-F-0584) for the Project pursuant to the Federal Endangered Species Act (ESA). For purposes of this ITP, where the terms and conditions for the Covered Species in the federal authorization are less protective of the Covered Species or otherwise conflict with this ITP, the conditions of approval set forth in this ITP shall control.

5. ITP Time Frame Compliance: Permittee shall fully implement and adhere to the conditions of this ITP within the time frames set forth below and as set forth in the Mitigation Monitoring and Reporting Program (MMRP), which is included as Attachment 1 to this ITP.

DocuSign Envelope ID: 8B9E6217-85A2-4080-B42B-497F93DDFAD0 DocuSign Envelope ID: D65FCF50-C058-4548-BAF6-5EFD106C0469 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14

Incidental Take Permit
No. 2081-2022-027-04

BIG SUR LAND TRUST

CARR LAKE RESTORATION AND PARK DEVELOPMENT PROJECT

6. General Provisions:

6.1. Designated Representative. Before starting Covered Activities, Permittee shall designate a representative (Designated Representative) responsible for communications with CDFW and overseeing compliance with this ITP. Permittee shall notify CDFW in writing before starting Covered Activities of the Designated Representative’s name, business address, and contact information, and shall notify CDFW in writing if a substitute Designated Representative is selected or identified at any time during the term of this ITP.

6.2. Designated Biologist(s) and/or Designated Monitor(s). Permittee shall submit to CDFW in writing the name, qualifications, business address, contact information, and references with contact information of Designated Biologist(s) and Designated Monitor(s) using the Biologist Resume Example (Attachment 2) or another format containing the same information. This information shall be submitted for CDFW review and approval at least 30 days before starting Covered Activities. The Designated Biologist(s) shall be responsible for monitoring Covered Activities to help minimize and fully mitigate or avoid the incidental take of the Covered Species and to minimize disturbance of Covered Species habitat. The Designated Monitor(s) shall assist the Designated Biologist(s) in compliance monitoring under direction/supervision of the Designated Biologist(s). Designated Monitor responsibilities will be restricted to a specific set of Conditions of Approval, specified by the Permittee or Designated Representative at the time their qualifications are submitted for review. Permittee shall ensure that the Designated Biologist(s) and Designated Monitor(s) are knowledgeable and experienced in the Covered Species’ biology, natural history, collecting and handling, as well as monitoring construction activities following the Conditions of Approval of an ITP for the Covered Species. Permittee shall obtain CDFW approval of the Designated Biologist(s) and Designated Monitor(s) in writing before starting Covered Activities and shall also obtain approval in advance, in writing, if the Designated Biologist(s) or Designated Monitor(s) must be changed.

6.3. Designated Biologist/Designated Monitor Authority. To ensure compliance with the Conditions of Approval of this ITP, the Designated Biologist and/or Designated Monitor shall immediately stop any activity that does not comply with this ITP and/or order any reasonable measure to avoid the unauthorized take of an individual of the Covered Species. Permittee shall provide unfettered access to the Project Area and otherwise facilitate the Designated Biologist and/or Designated Monitor in the performance of his/her duties. If the Designated Biologist and/or Designated Monitor is unable to comply with the ITP, then the Designated Biologist shall notify the CDFW Representative immediately. Permittee shall not enter into any agreement or contract of any kind, including but not limited to non-disclosure agreements and confidentiality agreements, with its contractors and/or the Designated Biologist that prohibit or impede open communication with CDFW, DocuSign Envelope ID: 8B9E6217-85A2-4080-B42B-497F93DDFAD0 DocuSign Envelope ID: D65FCF50-C058-4548-BAF6-5EFD106C0469 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14

Incidental Take Permit
No. 2081-2022-027-04

BIG SUR LAND TRUST

CARR LAKE RESTORATION AND PARK DEVELOPMENT PROJECT

including but not limited to providing CDFW staff with the results of any surveys, reports, or studies or notifying CDFW of any non-compliance or take. Failure to notify CDFW of any non-compliance or take or injury of a Covered Species as a result of such agreement or contract may result in CDFW taking actions to prevent or remedy a violation of this ITP.

6.4. Education Program. Permittee shall conduct an education program for all persons employed or otherwise working in the Project Area before they can perform any work within the Project Area. The program shall consist of a presentation from the Designated Biologist that includes a discussion of the biology and general behavior of the Covered Species, information about the distribution and habitat needs of the Covered Species, sensitivity of the Covered Species to human activities, its status pursuant to CESA including legal protection, recovery efforts, penalties for violations and Project-specific protective measures described in this ITP. Permittee shall prepare and distribute wallet-sized cards or a fact sheet handout containing this information for workers to carry in the Project Area. Permittee shall provide interpretation for non-English speaking workers, and the same instruction shall be provided to any new workers before they are authorized to perform work in the Project Area. Upon completion of the program, employees shall sign a form stating they attended the program and understand all protection measures. This training shall be repeated at least once annually for long-term and/or permanent employees that will be conducting work in the Project Area.

6.5. Construction Monitoring Documentation. The Designated Biologist(s) and Designated Monitor(s) shall maintain construction-monitoring documentation on- site in either hard copy or digital format throughout the construction period, which shall include a copy of this ITP with attachments and a list of signatures of all personnel who have successfully completed the education program. Permittee shall ensure a copy of the construction-monitoring documentation is available for review at the Project site upon request by CDFW.

6.6. Trash Abatement. Permittee shall initiate a trash abatement program before starting Covered Activities and shall continue the program for the duration of the Project. Permittee shall ensure that trash and food items are contained in animal- proof containers and removed, ideally at daily intervals but at least once a week, to avoid attracting opportunistic predators such as ravens, coyotes, and feral dogs.

6.7. Dust Control. Permittee shall implement dust control measures during Covered Activities to facilitate visibility for monitoring of the Covered Species by the Designated Biologist. Permittee shall keep the amount of water used to the minimum amount needed and shall not allow water to form puddles.

6.8. Erosion Control Materials. Permittee shall prohibit use of erosion control materials potentially harmful to Covered Species and other species, such as monofilament DocuSign Envelope ID: 8B9E6217-85A2-4080-B42B-497F93DDFAD0 DocuSign Envelope ID: D65FCF50-C058-4548-BAF6-5EFD106C0469 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14

Incidental Take Permit
No. 2081-2022-027-04

BIG SUR LAND TRUST

CARR LAKE RESTORATION AND PARK DEVELOPMENT PROJECT

netting (erosion control matting) or similar material, in potential Covered Species habitat.

6.9. Delineation of Property Boundaries. Before starting Covered Activities, Permittee shall clearly delineate the boundaries of the Project Area with fencing, stakes, or flags. Permittee shall restrict all Covered Activities to within the fenced, staked, or flagged areas. Permittee shall maintain all fencing, stakes, and flags until the completion of Covered Activities in that area.

6.10. Delineation of Habitat. Permittee shall clearly delineate habitat of the Covered Species within the Project Area with posted signs, posting stakes, flags, and/or rope or cord, and place fencing as necessary to minimize the disturbance of Covered Species habitat. Permittee shall maintain all signs, stakes, flags, rope, cord, and fencing until the completion of Covered Activities in that area, at which time they should be removed.

6.11. Project Access. Project-related personnel shall access the Project Area using existing routes, or routes identified in the Project Description, and shall not cross Covered Species habitat outside of or en route to the Project Area. Permittee shall restrict Project-related vehicle traffic to established roads, staging, and parking areas. Permittee shall ensure that vehicle speeds do not exceed 20 miles per hour to avoid Covered Species on or traversing the roads. If Permittee determines construction of routes for travel are necessary outside of the Project Area, the Designated Representative shall contact CDFW for written approval before carrying out such an activity. CDFW may require an amendment to this ITP, among other reasons, if additional take of Covered Species will occur as a result of the Project modification.

6.12. Staging Areas. Permittee shall confine all Project-related parking, storage areas, laydown sites, equipment storage, and any other surface-disturbing activities to the Project Area using, to the extent possible, previously disturbed areas. Additionally, Permittee shall not use or cross Covered Species habitat outside of the marked Project Area unless provided for as described in Condition of Approval 6.11 of this ITP.

6.13. Hazardous Waste. Permittee shall immediately stop and, pursuant to pertinent state and federal statutes and regulations, arrange for repair and clean up by qualified individuals of any fuel or hazardous waste leaks or spills at the time of occurrence, or as soon as it is safe to do so. Permittee shall exclude the storage and handling of hazardous materials from the Project Area and shall properly contain and dispose of any unused or leftover hazardous products off-site.

6.14. CDFW Access. Permittee shall provide CDFW staff with reasonable access to the Project Area and shall otherwise fully cooperate with CDFW efforts to verify compliance with or effectiveness of mitigation measures set forth in this ITP.

DocuSign Envelope ID: 8B9E6217-85A2-4080-B42B-497F93DDFAD0 DocuSign Envelope ID: D65FCF50-C058-4548-BAF6-5EFD106C0469 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14

Incidental Take Permit
No. 2081-2022-027-04

BIG SUR LAND TRUST

CARR LAKE RESTORATION AND PARK DEVELOPMENT PROJECT

6.15. Refuse Removal. Upon completion of Covered Activities, Permittee shall remove from the Project Area and properly dispose of all temporary fill and construction refuse, including, but not limited to, exclusionary fencing, broken equipment parts, wrapping material, cords, cables, wire, rope, strapping, twine, buckets, metal or plastic containers, and boxes.

7. Monitoring, Notification and Reporting Provisions:

7.1. Notification Before Commencement. The Designated Representative shall notify CDFW and provide documentation of compliance with all pre-Project Conditions of Approval at least 14 calendar days before starting Covered Activities within the Project Area.

7.2. Notification of Non-compliance. The Designated Representative or the Designated Biologist shall immediately notify CDFW via email if the Permittee is not in compliance with any Condition of Approval of this ITP, including but not limited to any actual or anticipated failure to implement measures within the time periods indicated in this ITP and/or the MMRP. The Designated Representative or Designated Biologist shall follow notification with a written report to CDFW within 24 hours describing, in detail, any non-compliance with this ITP and suggested measures to remedy the situation.

7.3. Covered Species Mortality Reduction and Relocation Plan. The Designated Biologist shall prepare a Covered Species Mortality Reduction and Relocation Plan and submit it to CDFW for review and approval a minimum of 30 days prior to the beginning of Covered Activities. The Covered Species Mortality Reduction and Relocation Plan shall include, but not be limited to, a discussion and map of the portion of the Project Area which represents potential upland habitat; identification of the area within 1.3 miles of known or potential breeding habitat for Covered Species; detailed survey, capture, handling, and relocation methods; identification of relocation areas; and identification of a wildlife rehabilitation center or veterinary facility capable of treating injured animals. Covered Activities may not proceed until the Covered Species Mortality Reduction and Relocation Plan is approved in writing by CDFW. Designated Monitors are prohibited from capturing and handling the Covered Species unless specifically approved in writing by CDFW and under the direct supervision of the Designated Biologist(s). Any proposed changes to the CDFW-approved Covered Species Mortality Reduction and Relocation Plan shall be submitted in writing to CDFW and approved by CDFW in writing prior to implementation of any proposed Covered Species Mortality Reduction and Relocation Plan modifications.

7.4. Restoration and Maintenance Plan. Before starting Covered Activities within the Restoration Area (Phase 2), Permittee shall provide CDFW with the final detailed Restoration and Maintenance Plan to facilitate vegetation and maintenance of the DocuSign Envelope ID: 8B9E6217-85A2-4080-B42B-497F93DDFAD0 DocuSign Envelope ID: D65FCF50-C058-4548-BAF6-5EFD106C0469 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14

Incidental Take Permit
No. 2081-2022-027-04

BIG SUR LAND TRUST

CARR LAKE RESTORATION AND PARK DEVELOPMENT PROJECT

58.5-acre Restoration Area. At a minimum, the Plan shall include the following information:

7.4.1. Vegetation Restoration: (1) a map that identifies the location of the areas to be vegetated; (2) a California native plant palette and seed sources; (3) a planting plan, including seed application method; (4) an annual nonnative, invasive plant species removal plan; (5) monitoring and maintenance measures and a timeline when these will occur; (6) avoidance and minimization measures; and (7) success standards and contingency measures if the first application is unsuccessful.

7.4.2. Installation of Raptor Perches & Nesting Boxes: (1) avoidance and minimization measures; and (2) a map that identifies the locations of the raptor perches and raptor nesting boxes.

7.4.3. Sediment Removal: (1) a map that identifies the location of the areas where sediment removal will occur; (2) avoidance and minimization measures; (3) a maintenance timeline limiting sediment removal to the period from July 15 to October 15 of each year (Dry Season); and (4) a description of sediment removal methods and equipment needed within each location.

7.5. Geographic Information Systems Data Files. Before starting Covered Activities, the Permittee shall provide CDFW with separate Geographic Information Systems (GIS) data files for the temporary and permanent habitat impact areas authorized under this ITP for the Covered Species for the Project Area. If habitat for the Covered Species will be both temporarily and permanently impacted, the Permittee shall provide one set of GIS data files for each impact type. The Permittee shall provide any additional GIS data files for the Project or related Covered Species features within 30 days of CDFW’s request. All GIS data files shall be provided in a format acceptable to CDFW.

7.6. Compliance Monitoring. The Designated Biologist shall be on site for the duration of the day when Covered Activities occur and conduct at least daily compliance inspections. The Designated Biologist shall conduct compliance inspections a minimum of weekly during periods of inactivity and after clearing, grubbing, and grading are completed. The Designated Biologist shall conduct compliance inspections to:
(1) minimize incidental take of the Covered Species;
(2) prevent unlawful take of species;
(3) check for compliance with all measures of this ITP; (4) check all exclusion zones; and
DocuSign Envelope ID: 8B9E6217-85A2-4080-B42B-497F93DDFAD0 DocuSign Envelope ID: D65FCF50-C058-4548-BAF6-5EFD106C0469 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14

Incidental Take Permit
No. 2081-2022-027-04

BIG SUR LAND TRUST

CARR LAKE RESTORATION AND PARK DEVELOPMENT PROJECT

(5) ensure that signs, stakes, and fencing are intact, and that Covered Activities are only occurring in the Project Area.

The Designated Representative or Designated Biologist shall prepare daily written observation and inspection records summarizing oversight activities and compliance inspections, observations of Covered Species and their sign, survey results, and monitoring activities required by this ITP.

7.7. Record of Covered Species Relocation. The Designated Biologist shall maintain a record of Covered Species handled and all documented observations of Covered Species. This information shall include for each animal: (1) date, time, and location (Global Positioning System (GPS) coordinates and maps) and capture and/or observation as well as release, if applicable; (2) the name of the party that identified the Covered Species; (3) circumstances of the incident; (3) the general condition and health, noting all visible conditions including gait and behavior, ectoparasites, injuries, etc.; (4) any diagnostic markings, sex, age (juvenile or adult); (5) actions undertaken; (6) habitat description; and (7) ambient temperature when handled and released or observed. The Designated Biologist shall also submit this information to the California Natural Diversity Database as per Condition of Approval 7.10 below. The Designated Biologist shall prepare a Relocation Summary and include it in the Quarterly Compliance and Annual Status Reports described in Conditions of Approval 7.8 and 7.9, respectively, below.

7.8. Quarterly Compliance Report. The Designated Representative or Designated Biologist shall compile the observation and inspection records identified in Conditions of Approval 7.6 and 7.7 into a Quarterly Compliance Report and submit it to CDFW along with a copy of the MMRP table with notes showing the current implementation status of each mitigation measure. Quarterly Compliance Reports shall also include an accounting of the number of acres that have been permanently and temporarily disturbed by the Project within the Project Area, both for the prior quarter, and the total since ITP issuance, if applicable; the number of acres of habitat disturbance anticipated to occur in the Project Area during the coming quarter, if applicable; a summary of all pre-activity surveys and compliance monitoring conducted during the previous quarter; and the activities authorized under the Covered Activities which occurred during the previous quarter. Quarterly Compliance Reports shall be due by January 15, April 15, July 15, and October 15 via email to CDFW’s Regional Representative, Regional CESA Program, and Headquarters CESA Program. At the time of this ITP’s approval, the CDFW Regional Representative is Stephanie Manzo ([email protected]), Regional CESA Program email is [email protected], and Headquarters CESA Program email is [email protected]. CDFW may at any time increase the timing and number of compliance inspections and reports required under this provision depending upon the results of previous compliance inspections. If CDFW DocuSign Envelope ID: 8B9E6217-85A2-4080-B42B-497F93DDFAD0 DocuSign Envelope ID: D65FCF50-C058-4548-BAF6-5EFD106C0469 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14

Incidental Take Permit
No. 2081-2022-027-04

BIG SUR LAND TRUST

CARR LAKE RESTORATION AND PARK DEVELOPMENT PROJECT

determines the reporting schedule must be changed, CDFW will notify Permittee in writing of the new reporting schedule.

7.9. Annual Status Report. Permittee shall provide CDFW with an Annual Status Report (ASR) no later than January 31 of every year beginning with issuance of this ITP and continuing until CDFW accepts the Final Mitigation Report identified below.

Each ASR shall include, at a minimum: (1) a summary of all Quarterly Compliance Reports for that year identified in Condition of Approval 7.8; (2) a general description of the status of the Project Area and Covered Activities, including actual or projected completion dates, if known; (3) a copy of the table in the MMRP with notes showing the current implementation status of each mitigation measure; (4) an assessment of the effectiveness of each completed or partially completed mitigation measure in avoiding, minimizing, and mitigating Project impacts; (5) all available information about Project-related incidental take of the Covered Species; and (6) information about other Project impacts on the Covered Species. ASRs shall be submitted to CDFW following the directions provided in Condition of Approval 7.8 above.

7.10. California Natural Diversity Database Observations. The Designated Biologist shall submit all observations of Covered Species to CDFW’s California Natural Diversity Database (CNDDB) within 30 calendar days of the observation and the Designated Biologist shall include copies of the submitted forms with the next Quarterly Compliance Report or ASR, whichever is submitted first relative to the observation.

7.11. Final Mitigation Report. No later than 45 days after completion of all mitigation measures, Permittee shall provide CDFW with a Final Mitigation Report following the directions provided in Condition of Approval 7.8 above. The Designated Representative or Designated Biologist shall prepare the Final Mitigation Report which shall include, at a minimum: (1) a summary of all Quarterly Compliance Reports and all ASRs; (2) a copy of the table in the MMRP with notes showing when each of the mitigation measures was implemented; (3) all available information about Project-related incidental take of the Covered Species; (4) information about other Project impacts on the Covered Species; (5) beginning and ending dates of Covered Activities; (6) an assessment of the effectiveness of this ITP’s Conditions of Approval in minimizing and fully mitigating Project impacts of the taking on Covered Species; (7) recommendations on how mitigation measures might be changed to more effectively minimize take and mitigate the impacts of future projects on the Covered Species; and (8) any other pertinent information.

7.12. Notification of Take or Injury. Permittee shall immediately notify the Designated Biologist if a Covered Species is taken or injured by a Project-related activity, or if a Covered Species is otherwise found dead or injured within the vicinity of the Project. The Designated Biologist or Designated Representative shall provide initial DocuSign Envelope ID: 8B9E6217-85A2-4080-B42B-497F93DDFAD0 DocuSign Envelope ID: D65FCF50-C058-4548-BAF6-5EFD106C0469 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14

Incidental Take Permit
No. 2081-2022-027-04

BIG SUR LAND TRUST

CARR LAKE RESTORATION AND PARK DEVELOPMENT PROJECT

notification to CDFW by calling the Regional Office at (559) 243-4005 and by email to the CDFW Regional Representative. The initial notification to CDFW shall include information regarding the location, species, and number of animals taken or injured and the ITP Number. Following initial notification, Permittee shall send CDFW a written report within two calendar days. The report shall include the date and time of the finding or incident, location of the animal or carcass, an explanation as to cause of take or injury, photograph(s), if possible, and any other pertinent information.

8. Take Minimization Measures: The following requirements are intended to ensure the minimization of incidental take of Covered Species in the Project Area during Covered Activities. Permittee shall implement and adhere to the following conditions to minimize take of Covered Species:

8.1. Pre-Activity Clearance Survey and Reporting. No more than 14 calendar days prior to initiating Covered Activities within the Project Area, the Designated Biologist shall survey the construction and staging areas within the Project Area prior to construction of Phase 1, and prior to construction of Phase 2. These surveys shall provide 100 percent visual coverage (including burrow and crevice openings) at the Project Area, as well as a 50-foot buffer zone around the active portion of the Project Area during Phase 1 and Phase 2, respectively. If individuals of the Covered Species are found, the Designated Biologists(s) shall relocate them in accordance with the CDFW-approved Covered Species Mortality Reduction and Relocation Plan (Condition of Approval 7.3). Permittee shall provide the survey results to CDFW in a written report prior to the beginning of Covered Activities.

8.2. Fieldwork Code of Practice. To ensure the Designated Biologist(s) or Designated Monitors(s) do not convey disease between the Project Area and areas outside the Project Area, the Fieldwork Code of Practice developed by the Declining Amphibian Populations Task Force (see Attachment 3) shall be followed at all times. The Designated Biologist(s) or Designated Monitor(s) may substitute a bleach solution (0.5 to 1.0 cup of bleach to 1.0 gallon of water) for the ethanol solution. Care shall be taken so that all traces of the disinfectant are removed before entering the next aquatic habitat.

8.3. Rain Forecast. The Designated Biologist and Permittee shall monitor the National Weather Service 72-hour forecast for the Project Area. During rainfall events and/or when a 50 percent or greater chance of rainfall is predicted within 72 hours, the Permittee shall cease all Covered Activities in the Project Area where initial ground disturbance (vegetation removal, grading, grubbing, and excavation) has yet to occur until the rainfall ceases and a zero percent chance of rain is forecast.

8.4. Soil and Materials Stockpiles. Permittee shall ensure that soil stockpiles are placed where soil will not pass into potential Covered Species breeding habitat, or into any other “Waters of the State,” in accordance with Fish and Game Code section 5650.

DocuSign Envelope ID: 8B9E6217-85A2-4080-B42B-497F93DDFAD0 DocuSign Envelope ID: D65FCF50-C058-4548-BAF6-5EFD106C0469 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14

Incidental Take Permit
No. 2081-2022-027-04

BIG SUR LAND TRUST

CARR LAKE RESTORATION AND PARK DEVELOPMENT PROJECT

The Permittee shall appropriately protect stockpiles to prevent soil erosion. The Permittee shall stockpile and stage all materials and equipment in a manner that discourages Covered Species use. In all locations, Permittee shall not place bundled or loose materials directly on the ground. These materials shall be elevated to discourage use by Covered Species.

8.5. Open Excavations. Designated Biologist(s) shall inspect all open holes, sumps, and trenches within the Project Area at the beginning and end of each workday (including once daily on non-workdays) for trapped Covered Species. To prevent inadvertent entrapment of Covered Species, all open trenches, holes, sumps, and other excavations with sidewalls steeper than a 1:1 (45 degree) slope shall have an escape ramp of earth or a non-slip material with a less than 1:1 (45 degree) slope, and the worker(s) shall oversee the covering of all excavated, trenches, holes, sumps, or other excavations with a greater than 1:1 (45 degree) slope of any depth with barrier material (such as hardware cloth) at the close of each working day such that animals are unable to dig or squeeze under the barrier and become entrapped. The outer two feet of excavation cover shall conform to solid ground so that gaps do not occur between the cover and the ground, and the excavation cover shall be secured with soil staples or by similar means to prevent gaps.

Worker(s) shall thoroughly inspect all trenches, holes, sumps, or other excavations for Covered Species (or other wildlife) before they are back-filled. If any worker discovers that Covered Species have become trapped, Permittee shall cease all Covered Activities in the vicinity and notify the Designated Biologist(s) immediately.

Project workers and the Designated Biologist(s) shall allow Covered Species to escape unimpeded, if possible, before Covered Activities are allowed to continue, or the Designated Biologist(s) may capture and relocate the Covered Species as per the Covered Species Mortality Reduction and Relocation Plan required in Condition of Approval 7.3 above.

8.6. Vehicle and Equipment Inspection. Within the Project Area, workers shall inspect under vehicles and equipment for Covered Species before the vehicles and equipment are moved. If a Covered Species is present, the worker shall notify the Designated Biologist(s) and wait for the Covered Species to move unimpeded to a safe location. Alternatively, the Designated Biologist(s) may move the Covered Species out of harm’s way outside of the Project Area in compliance with the approved Covered Species Mortality Reduction and Relocation Plan required in Condition of Approval 7.3.

8.7. Pipes and other Structures Entrapment Prevention. Permittee shall ensure that all pipes, hoses, conduit, culverts, or similar materials stockpiled or installed in the Project Area are capped or otherwise enclosed at the ends to prevent entry by Covered Species. Workers shall thoroughly inspect all construction pipe, culverts, or other similar structures with a diameter of one inch or greater that are stored for one or more overnight periods for the Covered Species before the object is DocuSign Envelope ID: 8B9E6217-85A2-4080-B42B-497F93DDFAD0 DocuSign Envelope ID: D65FCF50-C058-4548-BAF6-5EFD106C0469 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14

Incidental Take Permit
No. 2081-2022-027-04

BIG SUR LAND TRUST

CARR LAKE RESTORATION AND PARK DEVELOPMENT PROJECT

subsequently moved, buried, or capped. If an individual of the Covered Species is discovered inside a pipe, culvert, or similar structure during inspection, the worker shall notify the Designated Biologist(s) and wait for the Covered Species to move unimpeded to a safe location. Alternatively, the Designated Biologist(s) may move Covered Species out of harm’s way outside of the Project Area in compliance with the approved Covered Species Mortality Reduction and Relocation Plan required in Condition of Approval 7.3.

8.8. Covered Species Observations. During all Covered Activities within the Project Area, all workers shall inform the Designated Biologist(s) if a Covered Species is observed within or near the Project Area. All work in the vicinity of the observed Covered Species, which could injure or kill the animal, shall cease immediately until it moves from the Project Area of its own accord or the Designated Biologist(s) relocates the Covered Species following the CDFW-approved Covered Species Mortality Reduction and Relocation Plan specified in Condition of Approval 7.3 above.

8.9. Covered Species Injury. If a Covered Species is injured as a result of Project-related activities, the Designated Biologist shall immediately take it to a CDFW-approved wildlife rehabilitation or veterinary facility. Permittee shall identify the facility before starting Covered Activities. Permittee shall bear any costs associated with the care or treatment of such injured Covered Species. The Permittee shall notify CDFW of the injury to the Covered Species immediately by telephone and e-mail followed by a written incident report as described in Condition of Approval 7.12. Notification shall include the name of the facility where the animal was taken.

8.10. Herbicide Use. Permittee shall ensure that all herbicide use (mixing, application, and clean-up) is done by a licensed or certified applicator in accordance with all applicable state, federal, and local regulations. Permittee shall only apply herbicide sprays via ground application when wind speed measures less than 3 miles per hour. Permittee shall ensure that great care is taken to avoid herbicide use outside the boundaries of the Project Area. Permittee shall ensure that any herbicide used where there is the possibility that the herbicide could come into direct contact with water is approved for use in an aquatic environment.

9. Habitat Management Land Acquisition: CDFW has determined that permanent protection and perpetual management of compensatory habitat is necessary and required pursuant to CESA to fully mitigate Project-related impacts of the taking on the Covered Species that will result from implementation of the Covered Activities. This determination is based on factors including an assessment of the importance of the habitat in the Project Area, the extent to which the Covered Activities will impact the habitat, and CDFW’s estimate of the protected acreage required to provide for adequate compensation.

DocuSign Envelope ID: 8B9E6217-85A2-4080-B42B-497F93DDFAD0 DocuSign Envelope ID: D65FCF50-C058-4548-BAF6-5EFD106C0469 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14

Incidental Take Permit
No. 2081-2022-027-04

BIG SUR LAND TRUST

CARR LAKE RESTORATION AND PARK DEVELOPMENT PROJECT

To meet this requirement, the Permittee shall purchase 0.5 acres of upland habitat Covered Species credits from a CDFW-approved mitigation or conservation bank pursuant to Condition of Approval 9.1 below. Purchase of Covered Species credits must be complete before starting Covered Activities.

9.1. Covered Species Credits. Permittee shall purchase 0.5 acres of upland habitat Covered Species credits from a CDFW-approved mitigation or conservation bank prior to initiating Covered Activities. Prior to purchase of Covered Species credits, Permittee shall obtain CDFW approval to ensure the mitigation or conservation bank is appropriate to compensate for the impacts of the Project. Permittee shall submit to CDFW a copy of the Bill of Sale(s) and Payment Receipt prior to initiating Covered Activities.

IX. Amendment:

This ITP may be amended as provided by California Code of Regulations, Title 14, section 783.6, subdivision (c), and other applicable law. This ITP may be amended without the concurrence of the Permittee as required by law, including if CDFW determines that continued implementation of the Project as authorized under this ITP would jeopardize the continued existence of the Covered Species or where Project changes or changed biological conditions necessitate an ITP amendment to ensure that all Project-related impacts of the taking to the Covered Species are minimized and fully mitigated.

X. Stop-Work Order:

If CDFW determines the Permittee has violated any term or condition of this ITP or has engaged in unlawful take, CDFW may issue Permittee a written stop-work order instructing the Permittee to suspend any Covered Activity for an initial period of up to 30 days or risk suspension or revocation of this ITP. CDFW can issue a stop-work order to prevent or remedy a violation of this ITP, including but not limited to the failure to comply with reporting or monitoring obligations, or to prevent the unauthorized take of any CESA endangered, threatened, or candidate species, regardless of whether that species is a Covered Species under this ITP. Permittee shall stop work immediately as directed by CDFW upon receipt of any such stop-work order. Upon written notice to Permittee, CDFW may extend any stop- work order issued to Permittee for a period not to exceed 30 additional days.

If Permittee fails to remedy the violation or to comply with a stop-work order, CDFW may proceed with suspension and revocation of this ITP. Suspension and revocation of this ITP shall be governed by California Code of Regulations, Title 14, section 783.7, and any other applicable law. Neither the Designated Biologist nor CDFW shall be liable for any costs incurred in complying with stop-work orders.

XI. Compliance with Other Laws:

This ITP sets forth CDFW’s requirements for the Permittee to implement the Project pursuant to CESA. This ITP does not necessarily create an entitlement to proceed with the Project.

Permittee is responsible for complying with all other applicable federal, state, and local law.

DocuSign Envelope ID: 8B9E6217-85A2-4080-B42B-497F93DDFAD0 DocuSign Envelope ID: D65FCF50-C058-4548-BAF6-5EFD106C0469 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14

Incidental Take Permit
No. 2081-2022-027-04

BIG SUR LAND TRUST

CARR LAKE RESTORATION AND PARK DEVELOPMENT PROJECT

XII. Notices:

The Permittee shall sign and return this ITP to CDFW. A manual or digital signature is acceptable, provided a digital signature complies with Government Code section 16.5. Digital signatures facilitated by CDFW will be automatically returned. Manual (wet) signatures on duplicate original paper copies shall be returned by the Permittee via registered first-class mail or overnight delivery to the following address:

Habitat Conservation Planning Branch
California Department of Fish and Wildlife
Attention: CESA Permitting Program
Post Office Box 944209
Sacramento, California 94244-2090
Written notices, reports and other communications relating to this ITP shall be delivered to CDFW by email or registered first class mail at the following address, or at addresses CDFW may subsequently provide the Permittee. Notices, reports, and other communications shall reference the Project name, Permittee, and ITP Number (2081-2022-027-04) in a cover letter and on any other associated documents.

Original cover with attachment(s) to:

Julie A. Vance, Regional Manager
California Department of Fish and Wildlife
1234 East Shaw Avenue
Fresno, California 93710
Telephone (559) 243-4005
[email protected]
and a copy to:

Habitat Conservation Planning Branch
California Department of Fish and Wildlife
Attention: CESA Permitting Program
Post Office Box 944209
Sacramento, California 94244-2090
[email protected]
Unless Permittee is notified otherwise, CDFW’s Regional Representative for purposes of addressing issues that arise during implementation of this ITP is:

Stephanie Manzo
California Department of Fish and Wildlife
1234 East Shaw Avenue
Fresno, California 93710
(559) 578-0409
[email protected]
DocuSign Envelope ID: 8B9E6217-85A2-4080-B42B-497F93DDFAD0 DocuSign Envelope ID: D65FCF50-C058-4548-BAF6-5EFD106C0469 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14

Incidental Take Permit
No. 2081-2022-027-04

BIG SUR LAND TRUST

CARR LAKE RESTORATION AND PARK DEVELOPMENT PROJECT

XIII. Compliance with the CEQA:

CDFW’s issuance of this ITP is subject to CEQA. CDFW is a responsible agency pursuant to CEQA with respect to this ITP because of prior environmental review of the Project by the lead agency, City of Salinas. (See generally Pub. Resources Code, §§ 21067, 21069.) The lead agency’s prior environmental review of the Project is set forth in the Carr Lake Restoration and Park Development Mitigated Negative Declaration Report and Initial Study, (SCH No.: 2021050632) dated May 28, 2021 that the City of Salinas adopted for Carr Lake Restoration and Park Development on September 14, 2021. At the time the lead agency adopted the Mitigated Negative Declaration and approved the Project, it also adopted various mitigation measures for the Covered Species as conditions of Project approval.

This ITP, along with CDFW’s related CEQA findings, which are available as a separate document, provide evidence of CDFW’s consideration of the lead agency’s Mitigated Negative Declaration for the Project and the environmental effects related to issuance of this ITP (CEQA Guidelines, § 15096, subd. (f)). CDFW finds that issuance of this ITP will not result in any previously undisclosed potentially significant effects on the environment or a substantial increase in the severity of any potentially significant environmental effects previously disclosed by the lead agency. Furthermore, to the extent the potential for such effects exists, CDFW finds adherence to and implementation of the Conditions of Project Approval adopted by the lead agency, and that adherence to and implementation of the Conditions of Approval imposed by CDFW through the issuance of this ITP, will avoid or reduce to below a level of significance any such potential effects. CDFW consequently finds that issuance of this ITP will not result in any significant, adverse impacts on the environment.

XIV. Findings Pursuant to CESA:

These findings are intended to document CDFW’s compliance with the specific findings requirements set forth in CESA and related regulations. (Fish & G. Code § 2081, subs. (b)-(c); Cal. Code Regs., tit. 14, §§ 783.4, subds, (a)-(b), 783.5, subd. (c)(2).) CDFW finds based on substantial evidence in the ITP application and the Carr Lake Restoration and Park Development Mitigated Negative Declaration and Initial Study, the results of consultations, and the administrative record of proceedings, that issuance of this ITP complies and is consistent with the criteria governing the issuance of ITPs pursuant to CESA:
(1) Take of Covered Species as defined in this ITP will be incidental to the otherwise lawful activities covered under this ITP;
(2) Impacts of the taking on Covered Species will be minimized and fully mitigated through the implementation of measures required by this ITP and as described in the MMRP.

Measures include: (1) permanent habitat protection through the purchase of Covered Species credits from a CDFW approved mitigation or conservation bank; (2) establishment of avoidance zones; (3) worker education; and (4) Quarterly Compliance Reports. CDFW evaluated factors including an assessment of the importance of the habitat in the Project Area, the extent to which the Covered Activities DocuSign Envelope ID: 8B9E6217-85A2-4080-B42B-497F93DDFAD0 DocuSign Envelope ID: D65FCF50-C058-4548-BAF6-5EFD106C0469 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14

Incidental Take Permit
No. 2081-2022-027-04

BIG SUR LAND TRUST

CARR LAKE RESTORATION AND PARK DEVELOPMENT PROJECT

will impact the habitat, and CDFW’s estimate of the acreage required to provide for adequate compensation. Based on this evaluation, CDFW determined that the purchase of 0.5 acres of upland habitat Covered Species credits from a CDFW-approved mitigation or conservation bank in advance of initiating Covered Activities, along with the minimization, monitoring, reporting, and funding requirements of this ITP minimizes and fully mitigates the impacts of the taking caused by the Project;
(3) The take avoidance and mitigation measures required pursuant to the conditions of this ITP and its attachments are roughly proportional in extent to the impacts of the taking authorized by this ITP;
(4) The measures required by this ITP maintain Permittee’s objectives to the greatest extent possible;
(5) All required measures are capable of successful implementation; (6) This ITP is consistent with any regulations adopted pursuant to Fish and Game Code sections 2112 and 2114;
(7) Permittee has ensured adequate funding to implement the measures required by this ITP as well as for monitoring compliance with, and the effectiveness of, those measures for the Project; and
(8) Issuance of this ITP will not jeopardize the continued existence of the Covered Species based on the best scientific and other information reasonably available, and this finding includes consideration of the species’ capability to survive and reproduce, and any adverse impacts of the taking on those abilities in light of (1) known population trends; (2) known threats to the species; and (3) reasonably foreseeable impacts on the species from other related projects and activities. Moreover, CDFW’s finding is based, in part, on CDFW’s express authority to amend the terms and conditions of this ITP without concurrence of the Permittee as necessary to avoid jeopardy and as required by law.

XV. Attachments:

FIGURE 1 Project Location Map
FIGURE 2 Concept Sketch
FIGURE 3 Farming During Phase 1
FIGURE 4 Impact Areas and Staging Areas
ATTACHMENT 1 Mitigation Monitoring and Reporting Program ATTACHMENT 2 Biologist Resume Form
ATTACHMENT 3 Fieldwork Code of Practice
DocuSign Envelope ID: 8B9E6217-85A2-4080-B42B-497F93DDFAD0 DocuSign Envelope ID: D65FCF50-C058-4548-BAF6-5EFD106C0469 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14

Incidental Take Permit
No. 2081-2022-027-04

BIG SUR LAND TRUST

CARR LAKE RESTORATION AND PARK DEVELOPMENT PROJECT

ISSUED BY THE CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE ON

Julie A. Vance, Regional Manager

CENTRAL REGION

ACKNOWLEDGMENT
The undersigned: (1) warrants that they are acting as a duly authorized representative of the Permittee, (2) acknowledges receipt of this ITP, and (3) agrees on behalf of the Permittee to comply with all terms and conditions.

By: Date:

Printed Name: Title:

DocuSign Envelope ID: 8B9E6217-85A2-4080-B42B-497F93DDFAD0 5/1/2023
DocuSign Envelope ID: D65FCF50-C058-4548-BAF6-5EFD106C0469 Director of Conservation
Rachel Saunders
5/9/2023
DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 Figure 1. Project Location Map
Incidental Take Permit No. 2081-2022-027-04
Carr Lake Restoration and Park Development Project
DocuSign Envelope ID: 8B9E6217-85A2-4080-B42B-497F93DDFAD0 DocuSign Envelope ID: D65FCF50-C058-4548-BAF6-5EFD106C0469 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 Path: C:\JWandkeGIS\GIS_Projects\2020-49 Carr Lake Permitting\CarrLake\CarrLake.aprx Carr Lake Concept Sketch
Scale
Date
11-2021
Figure
2 Denise Duffy and Associates, Inc.

Planning and Environmental Consulting
Carr Lake Park Restoration
Figure 2. Concept Sketch
Incidental Take Permit No. 2081-2022-027-04
Carr Lake Restoration and Park Development Project
DocuSign Envelope ID: 8B9E6217-85A2-4080-B42B-497F93DDFAD0 DocuSign Envelope ID: D65FCF50-C058-4548-BAF6-5EFD106C0469 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 Figure 3. Farming During Phase 1
Incidental Take Permit No. 2081-2022-027-04
Carr Lake Restoration and Park Development Project
Farming Fields Before
Neighborhood Park
Construction
Farming Fields During
Neighborhood Park
Construction
DocuSign Envelope ID: 8B9E6217-85A2-4080-B42B-497F93DDFAD0 DocuSign Envelope ID: D65FCF50-C058-4548-BAF6-5EFD106C0469 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 Figure 4. Impact Areas and Staging Areas
Incidental Take Permit No. 2081-2022-027-04
Carr Lake Restoration and Park Development Project
DocuSign Envelope ID: 8B9E6217-85A2-4080-B42B-497F93DDFAD0 DocuSign Envelope ID: D65FCF50-C058-4548-BAF6-5EFD106C0469 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 1 Rev. 2013.1.1
Attachment 1

CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE

MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)

CALIFORNIA ENDANGERED SPECIES ACT
INCIDENTAL TAKE PERMIT NO. 2081-2022-027-04
PERMITTEE: Big Sur Land Trust
PROJECT: Carr Lake Restoration and Park Development

PURPOSE OF THE MMRP
The purpose of the MMRP is to ensure that the impact minimization and mitigation measures required by the Department of Fish and Wildlife (CDFW) for the above- referenced Project are properly implemented, and thereby to ensure compliance with section 2081(b) of the Fish and Game Code and section 21081.6 of the Public Resources Code. A table summarizing the mitigation measures required by CDFW is attached. This table is a tool for use in monitoring and reporting on implementation of mitigation measures, but the descriptions in the table do not supersede the mitigation measures set forth in the California Incidental Take Permit (ITP) and in attachments to the ITP, and the omission of a permit requirement from the attached table does not relieve the Permittee of the obligation to ensure the requirement is performed.

OBLIGATIONS OF PERMITTEE
Mitigation measures must be implemented within the time periods indicated in the table that appears below. Permittee has the primary responsibility for monitoring compliance with all mitigation measures and for reporting to CDFW on the progress in implementing those measures. These monitoring and reporting requirements are set forth in the ITP itself and are summarized at the front of the attached table.

VERIFICATION OF COMPLIANCE, EFFECTIVENESS
CDFW may, at its sole discretion, verify compliance with any mitigation measure or independently assess the effectiveness of any mitigation measure.

DocuSign Envelope ID: 8B9E6217-85A2-4080-B42B-497F93DDFAD0 DocuSign Envelope ID: D65FCF50-C058-4548-BAF6-5EFD106C0469 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 2 Rev. 2013.1.1

TABLE OF MITIGATION MEASURES
The following items are identified for each mitigation measure: Mitigation Measure, Source, Implementation Schedule, Responsible Party, and Status/Date/Initials. The Mitigation Measure column summarizes the mitigation requirements of the ITP. The Source column identifies the ITP condition that sets forth the mitigation measure. The Implementation Schedule column shows the date or phase when each mitigation measure will be implemented. The Responsible Party column identifies the person or agency that is primarily responsible for implementing the mitigation measure. The Status/Date/Initials column shall be completed by the Permittee during preparation of each Status Report and the Final Mitigation Report, and must identify the implementation status of each mitigation measure, the date that status was determined, and the initials of the person determining the status.

DocuSign Envelope ID: 8B9E6217-85A2-4080-B42B-497F93DDFAD0 DocuSign Envelope ID: D65FCF50-C058-4548-BAF6-5EFD106C0469 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 1 Rev. 2013.1.1
Mitigation Measure Source
Implementation
Schedule
Responsible
Party Status / Date / Initials

BEFORE DISTURBING SOIL OR VEGETATION
1 Designated Representative. Before starting Covered Activities, Permittee shall designate a representative (Designated Representative) responsible for communications with CDFW and overseeing compliance with the ITP. Permittee shall notify CDFW in writing before starting Covered Activities of the Designated Representative’s name, business address, and contact information, and shall notify CDFW in writing if a substitute Designated Representative is selected or identified at any time during the term of this ITP.

ITP
Condition
# 6.1
Before commencing
ground- or
vegetation-disturbing
activities/
Entire Project
Permittee

2 Designated Biologist(s) and/or Designated Monitor(s). Permittee shall submit to CDFW in writing the name, qualifications, business address, contact information, and references with contact information of Designated Biologist(s) and Designated Monitor(s) using the Biologist Resume Example (Attachment 2) or another format containing the same information. This information shall be submitted for CDFW review and approval at least 30 days before starting Covered Activities. The Designated Biologist(s) shall be responsible for monitoring Covered Activities to help minimize and fully mitigate or avoid the incidental take of the Covered Species and to minimize disturbance of Covered Species habitat. The Designated Monitor(s) shall assist the Designated Biologist(s) in compliance monitoring under direction/supervision of the Designated Biologist(s). Designated Monitor responsibilities will be restricted to a specific set of Conditions of Approval, specified by the Permittee or Designated Representative at the time their qualifications are submitted for review. Permittee shall ensure that the Designated Biologist(s) and Designated Monitor(s) are knowledgeable and experienced in the Covered Species’ biology, natural history, collecting and handling, as well as monitoring construction activities following the Conditions of Approval of an ITP for the Covered Species. Permittee shall obtain CDFW approval of the Designated Biologist(s) and Designated Monitor(s) in writing before starting Covered Activities and shall also obtain approval in advance, in writing, if the Designated Biologist(s) or Designated Monitor(s) must be changed.

ITP
Condition
# 6.2
Before commencing
ground- or
vegetation-disturbing
activities
Permittee

3 Education Program. Permittee shall conduct an education program for all persons employed or otherwise working in the Project Area before they can perform any work within the Project Area.

The program shall consist of a presentation from the Designated Biologist that includes a discussion of the biology and general behavior of the Covered Species, information about the distribution and habitat needs of the Covered Species, sensitivity of the Covered Species to human activities, its status pursuant to CESA including legal protection, recovery efforts, penalties for violations and Project-specific protective measures described in the ITP. Permittee shall prepare and distribute wallet-sized cards or a fact sheet handout containing this information for workers to carry in the Project Area. Permittee shall provide interpretation for non-English speaking workers, and the same instruction shall be provided to any new workers before they are authorized to perform work in the Project Area. Upon completion of the program, employees shall sign a form stating they attended the program and understand all protection measures. This training shall be repeated at least once annually for long-term and/or permanent employees that will be conducting work in the Project Area.

ITP
Condition
# 6.4
Before commencing
ground- or
vegetation-disturbing
activities /
Entire Project
Permittee

DocuSign Envelope ID: 8B9E6217-85A2-4080-B42B-497F93DDFAD0 DocuSign Envelope ID: D65FCF50-C058-4548-BAF6-5EFD106C0469 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 2 Rev. 2013.1.1
Mitigation Measure Source
Implementation
Schedule
Responsible
Party Status / Date / Initials
4 Trash Abatement. Permittee shall initiate a trash abatement program before starting Covered Activities and shall continue the program for the duration of the Project. Permittee shall ensure that trash and food items are contained in animal-proof containers and removed, ideally at daily intervals but at least once a week, to avoid attracting opportunistic predators such as ravens, coyotes, and feral dogs.

ITP
Condition
# 6.6
Before commencing
ground- or
vegetation-disturbing
activities /
Entire Project
Permittee

5 Dust Control. Permittee shall implement dust control measures during Covered Activities to facilitate visibility for monitoring of the Covered Species by the Designated Biologist. Permittee shall keep the amount of water used to the minimum amount needed and shall not allow water to form puddles.

ITP
Condition
# 6.7
Before commencing
ground- or
vegetation-disturbing
activities/
Entire Project
Permittee

6 Delineation of Property Boundaries. Before starting Covered Activities, Permittee shall clearly delineate the boundaries of the Project Area with fencing, stakes, or flags. Permittee shall restrict all Covered Activities to within the fenced, staked, or flagged areas. Permittee shall maintain all fencing, stakes, and flags until the completion of Covered Activities in that area.

ITP
Condition
# 6.9
Before commencing
ground- or
vegetation-disturbing
activities /
Entire Project
Permittee

7 Delineation of Habitat. Permittee shall clearly delineate habitat of the Covered Species within the Project Area with posted signs, posting stakes, flags, and/or rope or cord, and place fencing as necessary to minimize the disturbance of Covered Species habitat. Permittee shall maintain all signs, stakes, flags, rope, cord, and fencing until the completion of Covered Activities in that area, at which time they should be removed.

ITP
Condition
# 6.10

Before commencing
ground- or
vegetation-disturbing
activities /
Entire Project
Permittee

8 Notification Before Commencement. The Designated Representative shall notify CDFW and provide documentation of compliance with all pre-Project Conditions of Approval at least 14 calendar days before starting Covered Activities within the Project Area.

ITP
Condition
# 7.1
Before commencing
ground- or
vegetation-disturbing
activities
Permittee

9 Covered Species Mortality Reduction and Relocation Plan. The Designated Biologist shall prepare a Covered Species Mortality Reduction and Relocation Plan and submit it to CDFW for review and approval a minimum of 30 days prior to the beginning of Covered Activities. The Covered Species Mortality Reduction and Relocation Plan shall include, but not be limited to, a discussion and map of the portion of the Project Area which represents potential upland habitat; identification of the area within 1.3 miles of known or potential breeding habitat for Covered Species; detailed survey, capture, handling, and relocation methods; identification of relocation areas; and identification of a wildlife rehabilitation center or veterinary facility capable of treating injured animals. Covered Activities may not proceed until the Covered Species Mortality Reduction and Relocation Plan is approved in writing by CDFW. Designated Monitors are prohibited from capturing and handling the Covered Species unless specifically approved in writing by CDFW and under the direct supervision of the Designated Biologist(s). Any proposed changes to the CDFW-approved Covered Species Mortality Reduction and Relocation Plan shall be submitted in writing to CDFW and approved by CDFW in writing prior to implementation of any proposed Covered Species Mortality Reduction and Relocation Plan modifications.

ITP
Condition
# 7.3
Before commencing
ground- or
vegetation-disturbing
activities
Permittee

DocuSign Envelope ID: 8B9E6217-85A2-4080-B42B-497F93DDFAD0 DocuSign Envelope ID: D65FCF50-C058-4548-BAF6-5EFD106C0469 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 3 Rev. 2013.1.1
Mitigation Measure Source
Implementation
Schedule
Responsible
Party Status / Date / Initials
10 Restoration and Maintenance Plan. Before starting Covered Activities within the Restoration Area (Phase 2), Permittee shall provide CDFW with the final detailed Restoration and Maintenance Plan to facilitate vegetation and maintenance of the 58.5-acre Restoration Area. At a minimum, the Plan shall include the following information:

7.4.1. Vegetation Restoration: (1) a map that identifies the location of the areas to be vegetated; (2) a California native plant palette and seed sources; (3) a planting plan, including seed application method; (4) an annual nonnative, invasive plant species removal plan; (5) monitoring and maintenance measures and a timeline when these will occur; (6) avoidance and minimization measures; and (7) success standards and contingency measures if the first application is unsuccessful.

7.4.2. Installation of Raptor Perches & Nesting Boxes: (1) avoidance and minimization measures; and (2) a map that identifies the locations of the raptor perches and raptor nesting boxes.

7.4.3. Sediment Removal: (1) a map that identifies the location of the areas where sediment removal will occur; (2) avoidance and minimization measures; (3) a maintenance timeline limiting sediment removal to the period from July 15 to October 15 of each year (Dry Season); and (4) a description of sediment removal methods and equipment needed within each location.

ITP
Condition
# 7.4
Before commencing
ground- or
vegetation-disturbing
activities within the
Restoration Area
(Phase 2)
Permittee

11 Geographic Information Systems Data Files. Before starting Covered Activities, the Permittee shall provide CDFW with separate Geographic Information Systems (GIS) data files for the temporary and permanent habitat impact areas authorized under the ITP for the Covered Species for the Project Area. If habitat for the Covered Species will be both temporarily and permanently impacted, the Permittee shall provide one set of GIS data files for each impact type. The Permittee shall provide any additional GIS data files for the Project or related Covered Species features within 30 days of CDFW’s request. All GIS data files shall be provided in a format acceptable to CDFW.

ITP
Condition
# 7.5
Before commencing
ground- or
vegetation-disturbing
activities /
Entire Project
Permittee

12 Record of Covered Species Relocation. The Designated Biologist shall maintain a record of Covered Species handled and all documented observations of Covered Species. This information shall include for each animal: (1) date, time, and location (Global Positioning System (GPS) coordinates and maps) and capture and/or observation as well as release, if applicable; (2) the name of the party that identified the Covered Species; (3) circumstances of the incident; (3) the general condition and health, noting all visible conditions including gait and behavior, ectoparasites, injuries, etc.; (4) any diagnostic markings, sex, age (juvenile or adult); (5) actions undertaken; (6) habitat description; and (7) ambient temperature when handled and released or observed. The Designated Biologist shall also submit this information to the California Natural Diversity Database as per Condition of Approval 7.10 below. The Designated Biologist shall prepare a Relocation Summary and include it in the Quarterly Compliance and Annual Status Reports described in Conditions of Approval 7.8 and 7.9, respectively, below.

ITP
Condition
# 7.7
Before commencing
ground- or
vegetation-disturbing
activities /
Entire Project
Designated
Biologist

DocuSign Envelope ID: 8B9E6217-85A2-4080-B42B-497F93DDFAD0 DocuSign Envelope ID: D65FCF50-C058-4548-BAF6-5EFD106C0469 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 4 Rev. 2013.1.1
Mitigation Measure Source
Implementation
Schedule
Responsible
Party Status / Date / Initials
13 Pre-Activity Clearance Survey and Reporting. No more than 14 calendar days prior to initiating Covered Activities within the Project Area, the Designated Biologist shall survey the construction and staging areas within the Project Area prior to construction of Phase 1, and prior to construction of Phase 2. These surveys shall provide 100 percent visual coverage (including burrow and crevice openings) at the Project Area, as well as a 50-foot buffer zone around the active portion of the Project Area during Phase 1 and Phase 2, respectively. If individuals of the Covered Species are found, the Designated Biologists(s) shall relocate them in accordance with the CDFW-approved Covered Species Mortality Reduction and Relocation Plan (Condition of Approval 7.3). Permittee shall provide the survey results to CDFW in a written report prior to the beginning of Covered Activities.

ITP
Condition
# 8.1
Before commencing
ground- or
vegetation-disturbing
activities /
Entire Project
Designated
Biologist
14 Covered Species Credits. Permittee shall purchase 0.5 acres of upland habitat Covered Species credits from a CDFW-approved mitigation or conservation bank prior to initiating Covered Activities. Prior to purchase of Covered Species credits, Permittee shall obtain CDFW approval to ensure the mitigation or conservation bank is appropriate to compensate for the impacts of the Project. Permittee shall submit to CDFW a copy of the Bill of Sale(s) and Payment Receipt prior to initiating Covered Activities.

ITP
Condition
#9.1
Before commencing
ground- or
vegetation-disturbing
activities
Permittee

DURING CONSTRUCTION
15 Designated Biologist/Designated Monitor Authority. To ensure compliance with the Conditions of Approval of the ITP, the Designated Biologist and/or Designated Monitor shall immediately stop any activity that does not comply with the ITP and/or order any reasonable measure to avoid the unauthorized take of an individual of the Covered Species. Permittee shall provide unfettered access to the Project Area and otherwise facilitate the Designated Biologist and/or Designated Monitor in the performance of his/her duties. If the Designated Biologist and/or Designated Monitor is unable to comply with the ITP, then the Designated Biologist shall notify the CDFW Representative immediately. Permittee shall not enter into any agreement or contract of any kind, including but not limited to non-disclosure agreements and confidentiality agreements, with its contractors and/or the Designated Biologist that prohibit or impede open communication with CDFW, including but not limited to providing CDFW staff with the results of any surveys, reports, or studies or notifying CDFW of any non-compliance or take. Failure to notify CDFW of any non- compliance or take or injury of a Covered Species as a result of such agreement or contract may result in CDFW taking actions to prevent or remedy a violation of the ITP.

ITP
Condition
# 6.3
Entire Project Designated
Biologist /
Permittee
16 Construction Monitoring Documentation. The Designated Biologist(s) and Designated Monitor(s) shall maintain construction-monitoring documentation on-site in either hard copy or digital format throughout the construction period, which shall include a copy of the ITP with attachments and a list of signatures of all personnel who have successfully completed the education program. Permittee shall ensure a copy of the construction-monitoring documentation is available for review at the Project site upon request by CDFW.

ITP
Condition
# 6.5
Entire Project Designated
Biologist /
Permittee
DocuSign Envelope ID: 8B9E6217-85A2-4080-B42B-497F93DDFAD0 DocuSign Envelope ID: D65FCF50-C058-4548-BAF6-5EFD106C0469 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 5 Rev. 2013.1.1
Mitigation Measure Source
Implementation
Schedule
Responsible
Party Status / Date / Initials
17 Compliance Monitoring. The Designated Biologist shall be on site for the duration of the day when Covered Activities occur and conduct at least daily compliance inspections. The Designated Biologist shall conduct compliance inspections a minimum of weekly during periods of inactivity and after clearing, grubbing, and grading are completed. The Designated Biologist shall conduct compliance inspections to:
(1) minimize incidental take of the Covered Species;
(2) prevent unlawful take of species;
(3) check for compliance with all measures of the ITP;
(4) check all exclusion zones; and
(5) ensure that signs, stakes, and fencing are intact, and that Covered Activities are only occurring in the Project Area.

The Designated Representative or Designated Biologist shall prepare daily written observation and inspection records summarizing oversight activities and compliance inspections, observations of Covered Species and their sign, survey results, and monitoring activities required by the ITP.

ITP
Condition
# 7.6
Entire Project Designated
Biologist

18 Notification of Non-compliance. The Designated Representative or the Designated Biologist shall immediately notify CDFW via email if the Permittee is not in compliance with any Condition of Approval of the ITP, including but not limited to any actual or anticipated failure to implement measures within the time periods indicated in the ITP and/or this MMRP. The Designated Representative or Designated Biologist shall follow notification with a written report to CDFW within 24 hours describing, in detail, any non-compliance with the ITP and suggested measures to remedy the situation.

ITP
Condition
# 7.2
Entire Project Designated
Biologist /
Permittee

19 Quarterly Compliance Report. The Designated Representative or Designated Biologist shall compile the observation and inspection records identified in Conditions of Approval 7.6 and 7.7 into a Quarterly Compliance Report and submit it to CDFW along with a copy of the MMRP table with notes showing the current implementation status of each mitigation measure.

Quarterly Compliance Reports shall also include an accounting of the number of acres that have been permanently and temporarily disturbed by the Project within the Project Area, both for the prior quarter, and the total since ITP issuance, if applicable; the number of acres of habitat disturbance anticipated to occur in the Project Area during the coming quarter, if applicable; a summary of all pre-activity surveys and compliance monitoring conducted during the previous quarter; and the activities authorized under the Covered Activities which occurred during the previous quarter. Quarterly Compliance Reports shall be due by January 15, April 15, July 15, and October 15 via email to CDFW’s Regional Representative, Regional CESA Program, and Headquarters CESA Program. At the time of the ITP’s approval, the CDFW Regional Representative is Stephanie Manzo ([email protected]), Regional CESA Program email is [email protected], and Headquarters CESA Program email is [email protected]. CDFW may at any time increase the timing and number of compliance inspections and reports required under this provision depending upon the results of previous compliance inspections. If CDFW determines the reporting schedule must be changed, CDFW will notify Permittee in writing of the new reporting schedule.

ITP
Condition
# 7.8
Entire Project Designated
Biologist /
Permittee

DocuSign Envelope ID: 8B9E6217-85A2-4080-B42B-497F93DDFAD0 DocuSign Envelope ID: D65FCF50-C058-4548-BAF6-5EFD106C0469 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 6 Rev. 2013.1.1
Mitigation Measure Source
Implementation
Schedule
Responsible
Party Status / Date / Initials
20 Annual Status Report. Permittee shall provide CDFW with an Annual Status Report (ASR) no later than January 31 of every year beginning with issuance of the ITP and continuing until CDFW accepts the Final Mitigation Report identified below. Each ASR shall include, at a minimum: (1) a summary of all Quarterly Compliance Reports for that year identified in Condition of Approval 7.8; (2) a general description of the status of the Project Area and Covered Activities, including actual or projected completion dates, if known; (3) a copy of the table in this MMRP with notes showing the current implementation status of each mitigation measure; (4) an assessment of the effectiveness of each completed or partially completed mitigation measure in avoiding, minimizing, and mitigating Project impacts; (5) all available information about Project-related incidental take of the Covered Species; and (6) information about other Project impacts on the Covered Species. ASRs shall be submitted to CDFW following the directions provided in Condition of Approval 7.8 above.

ITP
Condition
# 7.9
Entire Project Permittee

21 California Natural Diversity Database Observations. The Designated Biologist shall submit all observations of Covered Species to CDFW’s California Natural Diversity Database (CNDDB) within 30 calendar days of the observation and the Designated Biologist shall include copies of the submitted forms with the next Quarterly Compliance Report or ASR, whichever is submitted first relative to the observation.

ITP
Condition
# 7.10
Entire Project Designated
Biologist /
Permittee

22 Notification of Take or Injury. Permittee shall immediately notify the Designated Biologist if a Covered Species is taken or injured by a Project-related activity, or if a Covered Species is otherwise found dead or injured within the vicinity of the Project. The Designated Biologist or Designated Representative shall provide initial notification to CDFW by calling the Regional Office at (559) 243-4005 and by email to the CDFW Regional Representative. The initial notification to CDFW shall include information regarding the location, species, and number of animals taken or injured and the ITP Number. Following initial notification, Permittee shall send CDFW a written report within two calendar days. The report shall include the date and time of the finding or incident, location of the animal or carcass, an explanation as to cause of take or injury, photograph(s), if possible, and any other pertinent information.

ITP
Condition
# 7.12
Entire Project Designated
Biologist /
Permittee

23 Erosion Control Materials. Permittee shall prohibit use of erosion control materials potentially harmful to Covered Species and other species, such as monofilament netting (erosion control matting) or similar material, in potential Covered Species habitat.

ITP
Condition
# 6.8
Entire Project Permittee

DocuSign Envelope ID: 8B9E6217-85A2-4080-B42B-497F93DDFAD0 DocuSign Envelope ID: D65FCF50-C058-4548-BAF6-5EFD106C0469 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 7 Rev. 2013.1.1
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Responsible
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24 Project Access. Project-related personnel shall access the Project Area using existing routes, or routes identified in the Project Description, and shall not cross Covered Species habitat outside of or en route to the Project Area. Permittee shall restrict Project-related vehicle traffic to established roads, staging, and parking areas. Permittee shall ensure that vehicle speeds do not exceed 20 miles per hour to avoid Covered Species on or traversing the roads. If Permittee determines construction of routes for travel are necessary outside of the Project Area, the Designated Representative shall contact CDFW for written approval before carrying out such an activity. CDFW may require an amendment to the ITP, among other reasons, if additional take of Covered Species will occur as a result of the Project modification.

ITP
Condition
# 6.11
Entire Project Permittee

25 Staging Areas. Permittee shall confine all Project-related parking, storage areas, laydown sites, equipment storage, and any other surface-disturbing activities to the Project Area using, to the extent possible, previously disturbed areas. Additionally, Permittee shall not use or cross Covered Species habitat outside of the marked Project Area unless provided for as described in Condition of Approval 6.11 of the ITP.

ITP
Condition
# 6.12
Entire Project Permittee

26 Hazardous Waste. Permittee shall immediately stop and, pursuant to pertinent state and federal statutes and regulations, arrange for repair and clean up by qualified individuals of any fuel or hazardous waste leaks or spills at the time of occurrence, or as soon as it is safe to do so.

Permittee shall exclude the storage and handling of hazardous materials from the Project Area and shall properly contain and dispose of any unused or leftover hazardous products off-site.

ITP
Condition
# 6.13
Entire Project Permittee

27 Fieldwork Code of Practice. To ensure the Designated Biologist(s) or Designated Monitors(s) do not convey disease between the Project Area and areas outside the Project Area, the Fieldwork Code of Practice developed by the Declining Amphibian Populations Task Force (see Attachment 3) shall be followed at all times. The Designated Biologist(s) or Designated Monitor(s) may substitute a bleach solution (0.5 to 1.0 cup of bleach to 1.0 gallon of water) for the ethanol solution. Care shall be taken so that all traces of the disinfectant are removed before entering the next aquatic habitat.

ITP
Condition
# 8.2
Entire Project Designated
Biologist /
Permittee

28 Rain Forecast. The Designated Biologist and Permittee shall monitor the National Weather Service 72-hour forecast for the Project Area. During rainfall events and/or when a 50 percent or greater chance of rainfall is predicted within 72 hours, the Permittee shall cease all Covered Activities in the Project Area where initial ground disturbance (vegetation removal, grading, grubbing, and excavation) has yet to occur until the rainfall ceases and a zero percent chance of rain is forecast.

ITP
Condition
# 8.3
Entire Project Designated
Biologist /
Permittee

DocuSign Envelope ID: 8B9E6217-85A2-4080-B42B-497F93DDFAD0 DocuSign Envelope ID: D65FCF50-C058-4548-BAF6-5EFD106C0469 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 8 Rev. 2013.1.1
Mitigation Measure Source
Implementation
Schedule
Responsible
Party Status / Date / Initials
29 Soil and Materials Stockpiles. Permittee shall ensure that soil stockpiles are placed where soil will not pass into potential Covered Species breeding habitat, or into any other “Waters of the State,” in accordance with Fish and Game Code section 5650. The Permittee shall appropriately protect stockpiles to prevent soil erosion. The Permittee shall stockpile and stage all materials and equipment in a manner that discourages Covered Species use. In all locations, Permittee shall not place bundled or loose materials directly on the ground. These materials shall be elevated to discourage use by Covered Species.

ITP
Condition
# 8.4
Entire Project Permittee

30 Open Excavations. Designated Biologist(s) shall inspect all open holes, sumps, and trenches within the Project Area at the beginning and end of each workday (including once daily on non- workdays) for trapped Covered Species. To prevent inadvertent entrapment of Covered Species, all open trenches, holes, sumps, and other excavations with sidewalls steeper than a 1:1 (45 degree) slope shall have an escape ramp of earth or a non-slip material with a less than 1:1 (45 degree) slope, and the worker(s) shall oversee the covering of all excavated, trenches, holes, sumps, or other excavations with a greater than 1:1 (45 degree) slope of any depth with barrier material (such as hardware cloth) at the close of each working day such that animals are unable to dig or squeeze under the barrier and become entrapped. The outer two feet of excavation cover shall conform to solid ground so that gaps do not occur between the cover and the ground, and the excavation cover shall be secured with soil staples or by similar means to prevent gaps. Worker(s) shall thoroughly inspect all trenches, holes, sumps, or other excavations for Covered Species (or other wildlife) before they are back-filled. If any worker discovers that Covered Species have become trapped, Permittee shall cease all Covered Activities in the vicinity and notify the Designated Biologist(s) immediately. Project workers and the Designated Biologist(s) shall allow Covered Species to escape unimpeded, if possible, before Covered Activities are allowed to continue, or the Designated Biologist(s) may capture and relocate the Covered Species as per the Covered Species Mortality Reduction and Relocation Plan required in Condition of Approval 7.3 above.

ITP
Condition
# 8.5
Entire Project Designated
Biologist /
Permittee

31 Vehicle and Equipment Inspection. Within the Project Area, workers shall inspect under vehicles and equipment for Covered Species before the vehicles and equipment are moved. If a Covered Species is present, the worker shall notify the Designated Biologist(s) and wait for the Covered Species to move unimpeded to a safe location. Alternatively, the Designated Biologist(s) may move the Covered Species out of harm’s way outside of the Project Area in compliance with the approved Covered Species Mortality Reduction and Relocation Plan required in Condition of Approval 7.3.

ITP
Condition
# 8.6
Entire Project Permittee

DocuSign Envelope ID: 8B9E6217-85A2-4080-B42B-497F93DDFAD0 DocuSign Envelope ID: D65FCF50-C058-4548-BAF6-5EFD106C0469 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 9 Rev. 2013.1.1
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Implementation
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32 Pipes and other Structures Entrapment Prevention. Permittee shall ensure that all pipes, hoses, conduit, culverts, or similar materials stockpiled or installed in the Project Area are capped or otherwise enclosed at the ends to prevent entry by Covered Species. Workers shall thoroughly inspect all construction pipe, culverts, or other similar structures with a diameter of one inch or greater that are stored for one or more overnight periods for the Covered Species before the object is subsequently moved, buried, or capped. If an individual of the Covered Species is discovered inside a pipe, culvert, or similar structure during inspection, the worker shall notify the Designated Biologist(s) and wait for the Covered Species to move unimpeded to a safe location. Alternatively, the Designated Biologist(s) may move Covered Species out of harm’s way outside of the Project Area in compliance with the approved Covered Species Mortality Reduction and Relocation Plan required in Condition of Approval 7.3.

ITP
Condition
# 8.7
Entire Project Permittee

33 Covered Species Observations. During all Covered Activities within the Project Area, all workers shall inform the Designated Biologist(s) if a Covered Species is observed within or near the Project Area. All work in the vicinity of the observed Covered Species, which could injure or kill the animal, shall cease immediately until it moves from the Project Area of its own accord or the Designated Biologist(s) relocates the Covered Species following the CDFW-approved Covered Species Mortality Reduction and Relocation Plan specified in Condition of Approval 7.3 above.

ITP
Condition
# 8.8
Entire Project Permittee

34 Covered Species Injury. If a Covered Species is injured as a result of Project related activities, the Designated Biologist shall immediately take it to a CDFW-approved wildlife rehabilitation or veterinary facility. Permittee shall identify the facility before starting Covered Activities.

Permittee shall bear any costs associated with the care or treatment of such injured Covered Species. The Permittee shall notify CDFW of the injury to the Covered Species immediately by telephone and e-mail followed by a written incident report as described in Condition of Approval

7.12. Notification shall include the name of the facility where the animal was taken.

ITP
Condition
# 8.9
Entire Project Permittee

35 Herbicide Use. Permittee shall ensure that all herbicide use (mixing, application, and clean-up) is done by a licensed or certified applicator in accordance with all applicable state, federal, and local regulations. Permittee shall only apply herbicide sprays via ground application when wind speed measures less than 3 miles per hour. Permittee shall ensure that great care is taken to avoid herbicide use outside the boundaries of the Project Area. Permittee shall ensure that any herbicide used where there is the possibility that the herbicide could come into direct contact with water is approved for use in an aquatic environment.

ITP
Condition
# 8.10
Entire Project Permittee

36 CDFW Access. Permittee shall provide CDFW staff with reasonable access to the Project Area and shall otherwise fully cooperate with CDFW efforts to verify compliance with or effectiveness of mitigation measures set forth in the ITP.

ITP
Condition
# 6.14
Entire Project Permittee

DocuSign Envelope ID: 8B9E6217-85A2-4080-B42B-497F93DDFAD0 DocuSign Envelope ID: D65FCF50-C058-4548-BAF6-5EFD106C0469 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 10 Rev. 2013.1.1
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POST-CONSTRUCTION
37 Refuse Removal. Upon completion of Covered Activities, Permittee shall remove from the Project Area and properly dispose of all temporary fill and construction refuse, including, but not limited to, exclusionary fencing, broken equipment parts, wrapping material, cords, cables, wire, rope, strapping, twine, buckets, metal or plastic containers, and boxes.

ITP
Condition
# 6.15
Post-construction Permittee

38 Final Mitigation Report. No later than 45 days after completion of all mitigation measures, Permittee shall provide CDFW with a Final Mitigation Report following the directions provided in Condition of Approval 7.8 above. The Designated Representative or Designated Biologist shall prepare the Final Mitigation Report which shall include, at a minimum: (1) a summary of all Quarterly Compliance Reports and all ASRs; (2) a copy of the table in this MMRP with notes showing when each of the mitigation measures was implemented; (3) all available information about Project-related incidental take of the Covered Species; (4) information about other Project impacts on the Covered Species; (5) beginning and ending dates of Covered Activities; (6) an assessment of the effectiveness of the ITP’s Conditions of Approval in minimizing and fully mitigating Project impacts of the taking on Covered Species; (7) recommendations on how mitigation measures might be changed to more effectively minimize take and mitigate the impacts of future projects on the Covered Species; and (8) any other pertinent information.

ITP
Condition
# 7.11
Post-construction
and after completion
of mitigation
Permittee

39 CDFW accepts the Final Mitigation Report as complete. ITP Condition
# 7.11
Post-construction CDFW

DocuSign Envelope ID: 8B9E6217-85A2-4080-B42B-497F93DDFAD0 DocuSign Envelope ID: D65FCF50-C058-4548-BAF6-5EFD106C0469 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 *** Please Note: While use of this form is not mandatory, CDFW strongly recommends completing this form as it will ensure the receipt of adequate information and expedite CDFW review of biologist’s qualifications. ***
Name of Biologist & Contact Information
Education: (include year graduated)
Training/Workshops: (be prepared to provide copies of certificates upon request; these should be related to the Covered Species (or similar species) in the Incidental Take Permit) Certifications: (please provide any copies of a CDFW Scientific Collecting Permit, MOU, or USFWS 10(a)(1)(A)) permit; these should be related to the Covered Species (or similar species) in the Incidental Take Permit)
Species Name #1: (Example: California Tiger Salamander) Project Name #1 (list the information below for all projects (separately) where biologist worked with this species; projects may be listed more than once under each separate species and please only include projects on the resume that demonstrate experience with the Covered Species (or similar species) in the ITP)
Location:

Project date completed: To and from date (month and year) Incidental Take Permit (ITP) # (and Other Agency Permits):

Lead biologist Information: Name and contact information (phone number and email address) Reference: Name and contact information, if different from above (phone number and email address)
Work description:

Estimated Survey Hours:

Estimated Monitoring Hours:

Individuals Observed: # of adults and # of juveniles
Individuals Handled: # of adults and # of juveniles
Burrows excavated:

Project Name #2
Location:

Project date completed: To and from date
Incidental Take Permit # (and Other Agency Permits):

Lead biologist Information: Name and contact information (phone number and email address) Reference: Name and contact information, if different from above (phone number and email address)
Work description:

Estimated Survey Hours:

Estimated Monitoring Hours:

Individuals Observed: # of adults and # of juveniles
Attachment 2
DocuSign Envelope ID: 8B9E6217-85A2-4080-B42B-497F93DDFAD0 DocuSign Envelope ID: D65FCF50-C058-4548-BAF6-5EFD106C0469 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 Individuals Handled: # of adults and # of juveniles
Burrows excavated:

Project Name #3 …

Species Name #2: (Example: Similar or related species to CTS) Project Name #1 (list the information below for all projects (separately) where the biologist worked with this species)
Location:

Project date completed: To and from date
Incidental Take Permit # (and Other Agency Permits):

Lead biologist Information: Name and contact information (phone number and email address) Reference: Name and contact information, if different from above (phone number and email address)
Work description:

Estimated Survey Hours:

Estimated Monitoring Hours:

Individuals Observed: # of adults and # of juveniles
Individuals Handled: # of adults and # of juveniles
Burrows excavated:

Project Name #2
Location:

Project date completed: To and from date
Incidental Take Permit # (and Other Agency Permits):

Lead biologist Information: Name and contact information (phone number and email address) Reference: Name and contact information, if different from above (phone number and email address)
Work description:

Estimated Survey Hours:

Estimated Monitoring Hours:

Individuals Observed: # of adults and # of juveniles
Individuals Handled: # of adults and # of juveniles
Burrows excavated:

Project Name #3 …

Include any other relevant information to the Covered Species or implementation of Conditions of Approval in the ITP
DocuSign Envelope ID: 8B9E6217-85A2-4080-B42B-497F93DDFAD0 DocuSign Envelope ID: D65FCF50-C058-4548-BAF6-5EFD106C0469 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 The Declining Amphibian Task Force Fieldwork Code of Practice

A code of practice, prepared by the Declining Amphibian Task Force (DAPTF) to provide guidelines for use by anyone conducting field work at amphibian b reeding sites or in other aquatic
habitats. Observations of diseased and parasite-infected amphibians are now being frequently reported from sites all over the world. This has given rise to concerns that releasing amphibians following a period of captivity, during which time they can pick up unapparent infections of novel disease agents, may cause an increased risk of mortality in wild populations. Amphibian pathogens and parasites can also be carried in a variety of ways between habitats on the hands, footwear, or equipment of fieldworkers, which can spread them to novel localities containing species which have had little or no prior contact with such pathogens or parasites. Such occurrences may be implicated in some instances where amphibian populations have declined.

Therefore, it is vitally important for those involved in amphibian research (and other wetland/pond studies including those on fish, invertebrates and plants) to take steps to minimize the spread of disease and parasites between study sites.

1. Remove mud, snails, algae, and other debris from nets, traps, boots, vehicle tires and all other surfaces. Rinse cleaned items
with sterilized (e.g. boiled or treated) water before
leaving each study site.

2. Boots, nets, traps, etc., should then be scrubbed with 70% ethanol solution (o r sodium hypochlorite 3 to 6%) and rinsed clean with sterilized water between study sites. Avoid cleaning equipment in the immediate vicinity of a pond or wetland.

3. In remote locations, clean all equipment as described above upon return to the lab or "base camp". Elsewhere, when washing machine facilities are available, remove nets from poles an
d wash with bleach on a "delicates" cycle, contained in a protective mesh laundry bag.

4. When working at sites with known or suspected disease problems, or when sampling populations of rare or isolates spec
ies, wear disposable gloves and change them
between handling each animal. Dedicate sets of nets, boots, traps, and other equipment to each site being visited. Clean and store them separately and the end of each field day.

5. When amphibians are collected, ensure the s eparation of animals from different sites and take great care to avoid ind
irect contact between them (e.g. via handling, reuse of containers) or with other captive animals. Isolation from un-sterilized plants or soils which have been taken from other sites is also essential. Always use disinfected/disposable husbandry equipment.

6. Examine collected amphibians for the pres ence of diseases and parasites soon after captur
e. Prior to their release or the release of any progeny, amphibians should be quarantined for a period and thoroughly screened for the presence of any potential disease agents.

7. Used cleaning materials (liquids, etc.) should be disposed of safely and if necessary taken back to the lab for proper disposal. Used disposable glove s should be retained for
safe disposal in sealed bags.

Attachment 3
DocuSign Envelope ID: 8B9E6217-85A2-4080-B42B-497F93DDFAD0 DocuSign Envelope ID: D65FCF50-C058-4548-BAF6-5EFD106C0469 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 Exhibit J
CD
FW LSAA Permit
(attached)

DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14 DocuSign Envelope ID: 55C4CC9C-4A3A-4BEB-AEFD-70C2A85DDD14

ORDINANCE NO. 2648 (N.C.S.)

AN ORDINANCE AMENDING THE ZONING MAP BY RECLASSIFYING SIX (6) ADJACENT LOTS TOTALING 73 ACRES LOCATED AT 618 SHEROOWD DRIVE FROM “AGRICULTURAL – FLOOD OVERLAY” TO “PARKS – FLOOD OVERLAY” (RZ 2020-001 – RELATED TO GPA 2020-001)

City Attorney Impartial Analysis

The proposed ordinance would change the zoning designation of six (6) lots consistent of seventy-three (73) acres from Agricultural—Flood Overlay to Parks—Flood Overlay to allow for the development of a Park and Recreational Facility Use. The proposed Park and Recreational Facility Use would comply with the purposes of the Parks land use designation.

WHEREAS, on September 14, 2021 , the Salinas City Council, at the request of the Applicant and Property Owner, Big Sur Land Trust, held a duly noticed public hearing to consider Rezone (Rezone 2020-001) to change the Zoning designation of six (6) adjacent lots totaling 73 - acres of land from “Agricultural – Flood Overlay” to “Parks – Flood Overlay” located at 618 Sherwood Drive (APN’s: 003-212-016-000, 003-212-007-000, 003-212-015-000, 003-821-033- 000, 261-191-001-000, and 261-191-007-000) related to General Plan Amendment 2020-001; and

WHEREAS, on July 7, 2021, the Salinas Planning Commission, held a duly noticed public hearing to consider Rezone 2020-001; and

WHEREAS, the Planning Commission rescheduled Rezone 2020-001 to the July 21, 2021 public hearing; and

WHEREAS, on July 21, 2021, the Planning Commission continued Rezone 2020 -001 to the August 4, 2021 public hearing; and

WHEREAS, the Planning Commission considered a Mitigated Negative Declaration prepared for this project and independently determined that all impacts were adequately addressed in accordance with the California Environmental Quality Act; and

WHEREAS, the Planning Commission weighed the evidence presented at said public hearing, considered the staff report, determined that positive findings could be made for approval of the project, adopted Resolution No. 2 021-16 recommending that the City Council adopt the related Mitigated Negative Declaration and approve Rezone 2020-001; and

WHEREAS, on August 24, 2021, the City Council continued the Rezone 2020-001 to September 14, 2021 public hearing due to a significant COVID-19 exposure; and

WHEREAS, on September 14, 2021, the City Council weighed the evidence presented at the public hearing, including the staff presentation and the Staff Report which is on file at the Salinas City Clerk’s Office and the Community Development Department, and all public DocuSign Envelope ID: 21C3F91F-2234-42CB-9034-D894758ABCBC

testimony and documentary evidence introduced and received at the public hearing, together with the record of environmental review; and

WHEREAS, the City Council has reviewed and considered the information contained in the Initial Study and related environmental documents including the Mitigated Negative Declaration; and

WHEREAS, on September 14, 2021 , the City Council adopted the Mitigated Negative Declaration prepared for General Plan Amendment 2020-001 and Rezone 2020-001; and

WHEREAS, the proposed Rezone would change the zoning designation of the subject parcels from “Agricultural – Flood Overlay” To “Parks – Flood Overlay”, as further described above and shown on Exhibit 1, attached hereto and incorporated herein by reference; and

WHEREAS, the proposed Rezone has been found to be consistent with the goals, policies, and programs of the Salinas General Plan; and

WHEREAS, the Salinas City Council adopts the following findings as the basis for its determination, and that the foregoing recitations are true and correct, and are included herein by reference as findings:

Rezone 2020-001:

1. The amendment is consistent with the Salinas General Plan, any applicable Specific Plan, and other plans and policies adopted by the Salinas City Council.

Per the 2002 Salinas General Plan, the “Park” designation allows for existing and proposed public and pr ivate recreation site for parks and golf courses. Activity areas that may be developed include large multipurpose fields for community events and informal recreation, areas for active sports play, tot lots, picnic areas, multipurpose sports fields and courts, golf courses, concessions, community event space, outdoor amphitheaters, nature study centers, maintenance/support facilities, and caretaker facilities. Interim agricultural uses would be permitted on sites designated for park use until such time as park facilities are constructed.

The General Plan Amendment would not change the designation of the project site.

The proposed project is consistent with Salinas General Plan Goals and Policies. The proposed Park and Recreational Facilities use on the project site is consistent with General Plan Goal COS-7, by providing and developing ample park and recreational facilities that offer a variety of recreational facilities. The project also complies with General Plan Policy COS-7.1, by developing a hig h-quality public park system that provides adequate space and facilities for a variety of recreational opportunities conveniently accessible to all Salinas residents. The project also complies with General Plan Policy COS -7.2, by maximizing the use of bui lt and natural features to develop a citywide network of parks and open space with Carr Lake, Gabilan Creek, and the Sherwood Park/Rodeo Grounds complex as essential elements of the open space network.

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Per Zoning Code Section 37-30.340, the purposes of the “Parks” land use designation is to provide for existing and proposed active and passive parks and recreational facilities, establish and maintaining park and open space areas in the City for recreational opportunities, prevent incompatible development in areas that should be preserved or regulated for scenic, recreational, conservation, aesthetic, or health and safety purposes; and promote vital and safe park areas through the incorporation of crime prevention through environmental design (CPTED) features in development.

The proposed Rezone requests to change the Zoning designation of six (6) parcels of the project site consisting of 73 acres from “Agricultural – Flood Overlay” (A-F) to “Parks – Flood Overlay” (P-F); Currently, the project site is zoned “Agriculture – Flood Overlay” (A-F), which as per Zoning Code Section 37 -30.020, Table 37 -30.10 does not allow for Park and Recreational Facilities uses. The proposed rezoning of the project site would be consistent with Sherwood Park located to the west and with the park u ses located to the north and southeast. The proposed rezoning is consistent with the purposes of the “Parks” land use designation by providing additional recreational opportunities. In addition, the proposed Parks and Recreational Facilities use would pr event incompatible development in an existing Agricultural area that should be preserved or regulated for scenic, recreational, and conservation purposes.

2. The amendment will not have the effect of reversing the policies of the Salinas General Plan, any applicable Specific Plan, and other plans and policies adopted by the Salinas City Council.

There are no policies within the Salinas General Plan that would be reversed as a result of this amendment. There are no Specific Plans or Precise Plans applicable to the site.

3. The amendment would not create an isolated district unrelated to adjacent zoning districts.

The proposed rezoning will not create an unrelated zoning district because the rezoning of the project site from “Agriculture – Flood Overlay” to “Parks – Flood Overlay” would be consistent with other nearby Park Zoning Districts located to the north and t he southeast.

The rezoning to “Parks – Flood Overlay” would be consistent with the Salinas General Plan which designates the project site as “Park”.

4. The City has the capability to provide public utilities, roads, and services to serve the uses allowed by the proposed amendment.

Salinas is an urbanized area and public infrastructure is presently in place to serve most uses. The proposed Rezone would not create the need for additional infrastructure.

NOW, THEREFORE, THE SALINAS CITY COUNCIL HEREBY ORDAINS AS FOLLOWS:

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SECTION 1. The City of Salinas’s Zoning Map, a copy of which is on file with the City Clerk of the City of Salinas and which copy constitutes the original record, is hereby amended to reflect the following:

That certain real property located in the City of Salinas, County of Monterey, State of California, and shown and designated on that certain map attached hereto as Exhibit 1 and made a part hereof, entitled “Rezone 2011-002 Map” and which real property, APNs 003-212-016-000, 003-212-007- 000, 003-212-015-000, 003-821-033-000, 261-191-001-000, and 261-191-007-000 located at 618 Sherwood Drive and now classified in the Agricultural – Flood Overlay (A - F) Zoning District, is hereby reclassified as shown on the attached to Parks – Flood Overlay (P - F) Zoning District.

SECTION 2. The aforesaid map and all notations, references and other information shown thereon shall be as much a part of this ordinance as if the matters and information shown on said map were fully described herein.

SECTION 3. This ordinance shall take effect and be in force thirty days from and after its adoption.

SECTION 4. The Salinas City Clerk is hereby directed to cause the following summary of the ordinance to be published by one insertion in The Monterey Herald, a newspaper of general circulation published and circulated in the City of Salinas and hereby designated for that general purpose by the Salinas City Council:

“The City of Salinas’s Zoning Map has been amended by reclassifying six (6) adjacent lots consisting of approximately 73 acres) located at 618 Sherwood Drive from “Agricultural – Flood Overlay (A - F) to “Parks – Flood Overlay” (P - F). This Ordinance goes into effect 30 days after adoption. For additional detail concerning this amendment, contact the Community Development Department, 65 West Alisal Street, Salinas, CA 93901.”

NOW BE IT FURTHER RESOLVED that the Applicant or Successor -in-Interest shall comply with the following conditions of approval:

1. Pursuant to Salinas City Code Section 1-8.1: Civil action enforcement, and Section 1-8.2:

Liability for costs, the Applicant(s) or Successor -in-Interest shall reimburse the City of Salinas for all costs and expenses (including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs) incurred by the City in enforcing the provisions of the General Plan Amendment and/or Rezone; and

2. The Applicant(s) or Successor-in-Interest shall defend, indemnify, and hold harmless the City of Salinas or any of its boards, commissions, agents, officers, and employees from any claim, action or proceeding against the City, its boards, commissions, agents, officers, or employees to attack, set aside, void, or annul, the approval of this project/use. For Tentative Maps, this shall also apply when such claim or action is brought within the time period provided for in applicable state and/or local statutes. The City shall promptly notify the Applicant(s) or Successor-in-Interest of any such claim, action, or proceeding. The City shall cooperate in the defense. Nothing contained in this condition shall prohibit the DocuSign Envelope ID: 21C3F91F-2234-42CB-9034-D894758ABCBC

City from participation in a defense of any claim, action, or proceeding if the City bears its own attorney's fees and costs, and the City defends the action in good faith.

PASSED AND ADOPTED this 14th day of September 2021, by the following vote:

AYES: Councilmembers: Barrera, Cromeenes, Gonzalez, McShane, Osornio, Rocha and Mayor Craig

NOES: None

ABSTAIN: None

ABSENT: None
APPROVED:

__________________________
Kimbley Craig, Mayor

ATTEST:

_________________________
Patricia M. Barajas, City Clerk

APPROVED AS TO FORM:

___________________________________
Christopher A. Callihan, City Attorney

EFFECTIVE DATE: October 14, 2021
Attachments: Exhibit 1: Proposed Rezone 2020-001 Map
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CONVEYANCE OF ENSEN PARK
(CARR LAKE PARK PROJECT)

FROM BIG SUR LAND TRUST

TO THE CITY OF SALINAS
February 25, 2025
Salinas City Council

Executive Summary
• Since approximately 2008, the City and Big Sur
Land Trust (BSLT) have been working toward
the development of a park and open space area
at Carr Lake.
• City Council authorized an MOU with BSLT for
long-term management of the park (March
2022).
• Ensen Park is to be transferred to City to own
and maintain.

Carr Lake Property
• Phase 1 conveyance: 6-acre
neighborhood park, "Front
House," and
water well
• Phase 1 property must be
conveyed by March 2025
and
open to the public by summer
2025
• Phase 2 restoration of 67 acres
to begin spring 2025 and be
open
to the public by spring 2026
Ensen Park Design
Phase 1: Neighborhood Park
Phase 2: Restoration Area
Conveyance Terms and Conditions
BSLT - Retained Rights:
• Access to park during Phase 2 while
undertaking restoration improvements
• Hold BSLT events up to 4 times per year at
Ensen Park upon coordination with and prior
approval of City
• Certain Naming Rights
• Install murals or art installations
BSLT Obligations:
• Transfer the property for zero ($0) dollars
• Complete both Phase 1 and 2 improvements
City Obligations:
• Operation and maintenance of park.
• Permanently deed restrict Front House for
use as moderate/ workforce affordable
housing.
• Assume the residential lease with the current
tenant.
• Restrict the use of the Back House to park
related uses.

LCS Commission
Recommendation
On January 8, 2025, the Library and
Community Services (LCS)
Commission voted unanimously to
recommend to the City Council that it
approve the conveyance agreement
between the City of Salinas and BSLT.

General Plan Consistency Analysis
• The conveyance aligns with the 2002 Salinas
General Plan (designates Carr Lake as a “Park”)
• Acquisition addresses the City’s park acreage
shortfall, includes park in future planning
• Project offers environmental benefits—Improved
water quality and climate change mitigation
• Park will meet the following General Plan Goals
and Policies:
• Goal COS-7
• Policy COS-7.1
• Policy COS-7.2
• Policy COS-7.3

CEQA Compliance
Not a Project.

The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)
(CEQA Guidelines Section 15378). Environmental impacts of the Carr Lake Park Project were analyzed in accordance with CEQA. An Initial Study and Mitigated Negative Declaration (ISMND) adopted by the City Council on September 14, 2021, found that with the adopted Mitigation Measures, the Project will not have a significant effect on the environment.

Recommended Motion
Motion to approve a Resolution authorizing the Mayor to execute a Conveyance Agreement between the Big Sur Land Trust and the City of Salinas to transfer approximately 73 acres identified as the Carr Lake Park Project/Ensen Park for the purpose of public park use and management.

Questions?
For more information, contact Community Development and Library and Community Services Departments (831) 758-7387/(831) 758-7306
https://www.cityofsalinas.org
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-685, Version: 1
Fiscal Year 24-25 Mid-Year Budget Review and Supplemental Appropriation Requests Approve a Resolution receiving the FY 2024-25 Mid-Year budget performance review; and authorize budget adjustments as recommended in the budget performance review.

City of Salinas Printed on 2/21/2025Page 1 of 1
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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: FEBRUARY 25, 2025
DEPARTMENT: FINANCE
FROM: RENE MENDEZ, CITY MANAGER

SELINA ANDREWS, FINANCE DIRECTOR
TITLE: FISCAL YEAR 2024-25 MID-YEAR BUDGET REVIEW &

SUPPLEMENTAL APPROPRIATION REQUESTS

RECOMMENDED MOTION:

1. Approve a Resolution receiving the FY 2024-25 Mid-Year budget performance review; and authorize budget adjustments as recommended in the budget performance review.

EXECUTIVE SUMMARY:

The Fiscal Year (FY) 2024 -2025 Adopted Operating and Capital Budgets for the City of Salinas totaled $259.7 million. With this funding, the City continues delivering a wide range of services to Salinas’ residents and businesses. The Adopted Budgets focused spending on critical community services and maintained existing services levels, enhanced service delivery in limited areas, and invested in the City’s infrastructure.

The Administration is closely monitoring the City’s budget across over 150 funds to en sure that the current year revenues and expenditures meet expectations, which is necessary to maintain budget stability and avoid service disruptions in any given year. Through the first six months of FY 2024-25, economic conditions and many revenue catego ries are performing generally at or slightly above expectations, and overall expenditures are tracking at authorized levels.

BACKGROUND:

The City’s Fiscal Year 2024 -25 operating and capital budgets were adopted on June 11, 2024.

After budget adoption each year, the City reviews and analyzes its revenues and expenditures compared to the adopted budget and reports its findings to the City Council. The FY 2024 -25 budget was adopted by balancing revenues with expenditures, however through Council actions, additional expenditures have been appropriated.

The annual Adopted Budget is a financial plan predicated on the best information available at the time it is prepared. As with any budget, however, changing conditions create the need to modify the original plan. City Administration has designated mid-year as the appropriate time to perform a comprehensive review of the current year’s budget, an d the Mid -Year Budget Review as the Page | 2
appropriate vehicle for consideration of any revisions to the budget. This Mid-Year Budget Review Report contains a comprehensive review of the status of the City’s FY 2024-25 Operating Budget as modified through December 2024.

DISCUSSION:

Financial Forecasting Model

The financial forecast model includes revenues and expenditure projections based on the most current information available , considering historical trends, current -year performance through mid-year, projected development activity, and scheduled changes in various fees and rates.

Additionally, the forecast model indicates a conservative revenue estimate from the Amazon Fulfillment Center beginning FY 2026-27. The Amazon project is currently underway and while this revenue is yet to materialize, it remains important to reflect any estimated revenues. However, there is a need to be cautious and not adjust spending too early in anticipation of this revenue source is critical. It is also important to including this estimate to highlight the need for generating additional revenue sources (see below) or increasing existing revenues via a robust economic development program and effort. For example, as can be seen in the model, if the Amazon revenue does not materialize the projected deficit increases significantly beginning in FY 2026-27.

It is important to note that Measure G is set to expire in 2030. Measure G revenue is reflected in the forecast model illustrating projected revenue and net impact in 2030 with and without this revenue. One column represents general fund revenue with Measure G and the column farthest to the right represents general fund revenue without Meas ure G. This is illustrated in the forecast model to signal that work on renewing/extending this revenue source needs to begin early to be ready for the 2026 Primary Election.

The FY 2025-26 and subsequent year expenditure projections include estimated citywide savings and adjustments to reflect labor agreements, CalPERS pension contributions, retiree healthcare contributions, scheduled debt service payments, and contractual obligations. It is important to note that the City’s labor agreements are not scheduled to expire concurrently and therefore will expire at different years. C ompensation increases for Police Manager’s Association, Department Directors, Confidential Management, and Confiden tial Non-Management have been assumed in the FY 2025 -26 and FY 2026 -27 expenditure projections. It is also important to note that no compensation increases are projected for those labor agreements that have not been negotiated.

As this forecast is preliminary, the expenditures shown on the table represent a “base budget” that delivers the existing level of services with no assumed staffing increases. These expenditure levels may increase as the FY 202 5-26 Proposed Operating Budget is developed with the be nefit of additional information, including any recommendations for service level enhancements.

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City of Salinas
Amended
Budget Projected with
Measure G
without
Measure G
Forecast FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 FY 2029-30 FY 2030-31 FY 2031-32 Revenues:

Sales Tax $91,000,000 $93,546,552 $96,164,368 $98,855,440 $101,621,820 $104,465,614 $107,389,617 $66,793,591 Property Taxes 39,908,000 41,177,074 42,515,329 43,854,562 45,235,981 46,665,438 48,140,066 51,970,597 Utility Users Tax 12,000,000 12,420,000 12,854,700 13,304,615 13,770,276 14,252,236 14,751,064 14,751,064 Franchise Fees 9,590,000 9,781,800 9,977,436 10,176,985 10,380,524 10,588,135 10,799,898 10,799,898 Licenses & Permits 7,591,000 7,666,910 7,743,579 7,821,015 7,899,225 7,978,217 8,057,999 8,057,999 Charges for Services 5,085,750 5,238,323 5,395,472 5,557,336 5,724,056 5,895,778 6,072,651 6,072,651 Transient Occupancy Tax 3,300,000 3,366,000 3,433,320 3,501,986 3,572,026 3,643,467 3,716,336 3,716,336 Other Revenue 8,166,700 7,684,980 7,703,626 7,722,644 7,742,043 7,761,830 7,782,012 7,782,012 Total Revenues: $176,641,450 $180,881,639 $185,787,830 $190,794,583 $195,945,952 $201,250,714 $206,709,644 $169,944,149 Potential Revenues:

Amazon Revenue $0 $0 $4,000,000 $6,000,000 $8,000,000 $8,000,000 $8,000,000 $4,976,000 Total Potential Revenues: $0 $0 $4,000,000 $6,000,000 $8,000,000 $8,000,000 $8,000,000 $4,976,000 Total Revenues: $176,641,450 $180,881,639 $189,787,830 $196,794,583 $203,945,952 $209,250,714 $214,709,644 $174,920,149 Expenditures:

Salaries $60,168,733 $65,011,628 $69,609,741 $73,118,654 $76,055,137 $79,110,121 $82,286,585 $82,286,585 Benefits 56,278,640 59,841,600 62,767,625 65,160,485 68,733,912 70,540,137 72,354,190 72,354,190 Services and Supplies 30,247,108 30,325,163 31,231,155 32,164,159 33,124,980 34,114,444 35,133,402 35,133,402 Other Operating 3,586,860 3,486,860 3,486,860 3,486,860 3,486,860 3,486,860 3,486,860 3,486,860 Internal Service Funds 17,666,818 15,734,459 16,428,605 17,156,606 17,920,138 18,720,961 19,560,922 19,560,922 Debt Service 9,320,010 8,014,489 8,049,144 7,834,700 7,475,682 7,539,071 7,583,197 7,583,197 Total Expenditures: $177,268,168 $182,414,199 $191,573,128 $198,921,463 $206,796,709 $213,511,593 $220,405,156 $220,405,156 [Rev - Exp] Over / (Under): ($626,718) ($1,532,560) ($1,785,298) ($2,126,880) ($2,850,758) ($4,260,879) ($5,695,512) ($45,485,007) FY 2030-31

Importance of Fiscal Models

As was mentioned above, financial models are based on the best information available at a specific point in time and conservative assumptions which can change rapidly. For example, we still don’t have a good handle on what will be the economic impact, whether positive or negative, because of changes in Federal Policies. Nevertheless, carefully monitoring revenue and/or cost changes will allow us to proactively adjust the model and work with the Council to react early if needed.

Revenue Enhancement Opportunities

California cities have several options to provide or increase the financial resources available to address community services and needs . In addition to the financial forecast, staff are reviewing new revenue and revenue enhancement opportunities. A list of certain revenue types is provided below.

Type Current Salinas Rate Who is taxed? Fiscal Impact
Transient Occupancy
Tax (TOT)
10% Hotel guest Low
Sales Tax (Measure
G)

9.250%

Purchaser High
Property Transfer $1.65 per $1,000

Property seller High
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Utility Users Tax
(UUT)
Telecom & Video 5%
Gas, Electricity & Water 6%

Telecom, electricity, gas
& water ratepayer
Moderate
Business License Tax Employee-based &
Gross receipts
Business owner Moderate
Community Facilities
District
N/A Property owners High

General Funds Summary - Revenue Analysis

Overall, General Funds revenues are trending at 53.3% of the budgeted amount through December 31, 2024. This includes December projections for the Sales and Use Tax revenues as those will be received at the end of February. The Other Revenues category includes investment earnings and is currently overstated due to timing, as the full amount recorded in the general fund needs to be disbursed to all funds on a pro -rated share basis. A revenue summary of the General Funds is provided below.

Revenue Type
FY Amended
Budget YTD Actual
% of
Budget Prior Year
Sales and Use Tax* 91,000,000 46,682,579 51.3% 90,878,406 Property Tax & VLF 39,908,000 20,924,986 52.4% 38,424,926 Franchise Fees 9,590,000 4,330,419 45.2% 10,053,905 Transient Occupancy Tax 3,300,000 1,907,375 57.8% 3,057,085 Charges for Services 5,087,150 2,110,728 41.5% 4,554,695 Utility Users Tax 12,000,000 7,499,841 62.5% 13,529,359 Other Revenues 13,296,000 9,445,991 71.0% 15,604,379 Total General Revenue 174,181,150 92,901,919 53.3% 176,102,755 Transfers In 2,461,700 1,230,850 50.0% 2,913,536 Grand Total 176,642,850 94,132,769 53.3% 179,016,290
* includes projection for December 2024
2024 - 2025 General Fund Revenue
Status through December 31, 2024

Discussion of Major General Funds Revenue Types

Sales and Use Tax (General, Measures E and G)
Sales and use tax is the largest revenue source for the City’s General Funds, accounting for 52% of the budgeted General Fund s projected revenues for FY 2024-25. The City currently receives

2.5% of every 9.25% of sales tax paid per dollar on retail sales and taxable services transacted within Salinas, which includes Measures E and G. Measure E accounts for half percent (0.5%) and Page | 5
was extended with no ending date on November 6, 2012, while Measure G accounts for one percent (1.0%) and was approved on November 4, 2014 for 15 years.

Sales tax estimates are based on actual sales tax data and annual sales tax estimates for five years are provided by the City’s consultant, Hinderliter, de Llamas & Associates (HdL). In addition to the brick-and-mortar sales tax generation, HdL estimates include several online sales tax projections. The 2018 Wayfair Decision resulted in e -commerce vendors utilizing the Amazon platform to collect sales tax based on destination; however, items shipped directly from Amazon fulfillment centers are collecting sales tax based on the point of dis tribution. Regular sales tax collected through online transactions are distributed through the Monterey County pool for which the City receives a pro rata share of the sales tax generated in the County for that particular quarter.

Total annual sales tax estimates include $39.4 million in proceeds from regular sales tax and $34.4 million in proceeds from Measure G (one cent) and $17.2 million from Measure E (one-half cent).

Actual receipts net of administrative fees collected by the State will be conf irmed at the close of the fiscal year. Based on current projections, staff do not recommend a change in budgeted Sales & Use Tax collections.

Property Tax and Motor Vehicle in Lieu Fee (VLF)
Property tax and VLF are the second largest revenue source for the City and comprise approximately 23% of total City General Funds estimated revenues for FY 2024-25. Property and VLF tax estimates are based on property tax data provided by HdL. Property tax is levied by the Monterey County Assessor’s Office at 1% of a property’s assessed value, of which the City receives approximately $0.1466 cents per dollar paid on property located within the municipal limits of Salinas. In compliance with Proposition 13, the assessed value of real property is based on the 1975/76 assessment roll value, adjusted by a 2% inflation factor thereafter. However, when property changes hands or new construction occurs, property is then reassessed at its current market value.

Monterey County provides property tax collection updates and projec tions throughout the year.

The current amount received for the first six months of the year is slightly ahead of pace compared to the adopted budget. This includes Redevelopment Agency (RDA) Residual Apportionment , VLF allocation, secured property tax estimates, property transfer tax, and the Educational Revenue Augmentation Fund (ERAF) estimates.

The City has been monitoring ongoing developments regarding the distribution of excess ERAF funds. A portion of property tax revenue goes to the ERAF to support local school districts. When the amount contributed to ERAF is more than the minimum cost of funding local schools, excess funds have traditionally been returned to the county, cities, and special districts.

Property tax distributions are largely r eceived in the second and fourth quarters. Second quarter receipts are trending slightly higher than those received during the second quarter of the previous fiscal year. Based on current County projections, staff do not expect a change in the budgeted General Property Tax and Vehicle in Lieu Fee.

Franchise Fees
Franchise fees are collected by the City for the privilege of operating a utility service within Salinas, and as a fee in lieu of a business license tax. Franchise fees are currently received for gas, Page | 6
electric services, recycling, solid waste collection, and video services. Franchise fees represent 6% of projected General Funds revenues in FY 2024-25.

Historically, franchise payments are not remitted equally throughout the fiscal year; therefore, second quarter receipts are not n ecessarily predictive of future receipts. Total franchise fee revenues are trending slightly lower than the prior year. Due to the remittance timing, staff do not recommend a change to this revenue source at this time.

Transient Occupancy Tax (TOT)
TOT is an important revenue source for the City and comprises approximately 2% of total City estimated revenues, amounting to $3.3 million for FY 2024-25. The City levies a 10% transient occupancy tax (TOT) on all hotel and motel rooms within the municipal limits of Salinas.

While the City was slower to rebound in leisure “staycation” travel and had not experienced improvements in business travel at the same pace as other cities, it is now experiencing a modest increase in TOT revenues during the current year.

Charges for Services
City Service revenues consist primarily of planning, building, inspections, and engineering fees assessed on local building and development activity. Development fees and charges are assessed based on cost recovery formulas, which reflect approximate costs of providing these regulatory services.

Charges for Services are trending higher than in the second quarter compared to the previous fiscal year, but still behind the adopted budget pace . Typically, development fees are collected in advance for projects and recognized as revenue in the fiscal year the work is p erformed.

Additionally, administrative fees for services are not included in the current year’s amount due to timing. Staff do not recommend a change to this revenue source at this time.

Utility User Tax (UUT)
UUT are utility taxes which cities may impose on users’ consumption of certain utility services and consists of 7% of the City’s General Fund s revenue. Salinas voters passed Measure H in the November 4, 2014, election to reduce the tax on telecommunications and video users from 6% to 5% and modernized the ordinance to include wireless and other technologies. Salinas’ population has a direct correlation wi th UUT as it’s tied to utility usage. While FY 2024-25 second quarter receipts are trending higher, staff does not recommend a budget adjustment at this time.

Other Revenues
“Other Revenues” comprises all other general fund revenues not specifically identified in the above, including investment earnings, bu siness license s, and permitting fees. This revenue accounts for 8% of the City’s total General Funds revenue. Total Other Revenues appear ahead of budgeted pace at this point in the fiscal year , mainly due to the timing of investment earnings allocation as explained earlier in this staff report . Therefore, staff do not recommend a budget adjustment at this time.

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General Funds Summary - Expenditure Analysis

For FY 2024-25, General Fund s Operating expenditures (not including transfers out) are programmed at $151.9 million. The delivery of City services is highly dependent on personnel which comprises 77% of budgeted General Funds expenditures for FY 2024-25. During the fiscal year, the City Council approved several budget adjustments, which are tracked against the Adopted Budget. The net effect is an Amended Budget. Most General Funds expenditure totals are trending in accordance with or below the Amended Budget, with total operational expenditures at the end of the second quarter at approximately 50% of the Amended Budget. With six months of data now available, staff expect that the next six months of expenditures will need to be amended as identified in this Mid -Year review. If additional unexpected costs occur, they will re quire future Council action.

As with most municipalities, services are provided directly by employee s to the City’s residents, businesses, and visitors. As a service delivery enterprise, the cost of salaries and benefits are a significant portion of the budget. Mid-year actual salaries and benefits are trending at 53% of the adopted budget amount for personnel costs . However, this includes the City prepaying the CalPERS unfunded UAL in July, totaling $17.3M in the general funds. This action was necessary for the City to achieve significant cost savings but does inflate the percentage spent through the first half of the fiscal year. Non-Departmental expenditures, including debt service, are ahead of pace due to principal and interest payments paid in the first half of the year and only interest in the second half. Two expenditure tables of the General Funds are provided below. One consists of Citywide salaries & benefits and supplies & services; the second identifies how each department is trending compared to budgeted amounts.

Category
FY Amended
Budget YTD Actual
% of
Budget Prior Year
Salaries & Benefits 116,301,528 61,146,252 52.6% 108,004,959 Supplies & Services 35,579,450 14,798,291 41.6% 30,515,798 Total General Expenditures 151,880,978 75,944,543 50.0% 138,520,758 Operating Transfers Out 24,225,603 15,341,019 63.3% 25,432,588 Grand Total 176,106,581 91,285,563 51.8% 163,953,346 2024 - 2025 General Fund Expenditures
Status through December 31, 2024

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Department
FY Amended
Budget YTD Actual
% of
Budget Prior Year
Administration 2,695,829 1,245,883 46.2% 2,376,609 City Council 580,413 286,691 49.4% 420,195 Community Development 8,070,923 2,776,220 34.4% 6,000,118 Finance 8,101,369 3,466,323 42.8% 6,036,528 Fire 28,874,334 15,297,746 53.0% 29,832,317 Human Resources 2,037,310 950,452 46.7% 1,887,212 City Attorney's Office 1,030,885 442,313 42.9% 1,097,288 Library 5,977,940 2,795,424 46.8% 5,029,934 Police 60,489,450 32,156,214 53.2% 58,687,645 Public Works 13,777,826 6,459,990 46.9% 12,204,854 Recreation 9,440,850 3,926,223 41.6% 8,158,671 Total General Expenditures 141,077,129 69,803,480 49.5% 131,731,370 Non-Departmental Expenditures
Non Departmental 10,803,849 6,141,064 56.8% 6,789,388 Non Dept/Transfers 24,225,603 15,341,019 63.3% 25,432,588 Total Non-Departmental 35,029,452 21,482,083 61.3% 32,221,976 Grand Total 176,106,581 91,285,563 51.8% 163,953,346 2024 - 2025 General Fund Expenditures
Status through December 31, 2024

Discussion of Selected General Funds Departments

Police

2024-2025 2023-2024 2024-2025
FY Amended
Budget YTD Actual
% of
Budget
YTD Prior
Year
Proposed
Changes
Police 60,489,450 32,156,214 53.2% 58,687,645 32,000 2024 - 2025 General Fund Expenditures
Status through December 31, 2024

The Department ensures public safety by providing law enforcement services, building community partnerships, and engaging the community in problem solving.

Staffing levels remain a challenge for the Police Department with dedicated ongoing recruitment for open positions. Whenever feasible, open positions are filled with temporary employees until positions are filled. The Department expenditure is trending at 53%, mostly due to the CalPERS Page | 9
UAL prepayment, as discussed earlier. Staff are requesting a supplemental appropriation of $32,000 to fund a full-time Forensic Specialist position for the remainder of the fiscal year. It is important to note that the increase in FTE will result in additional ongoing expenditures.

Fire

2024-2025 2023-2024 2024-2025
FY Amended
Budget YTD Actual
% of
Budget
YTD Prior
Year
Proposed
Changes
Fire 28,874,334 15,297,746 53.0% 29,832,317 154,000 2024 - 2025 General Fund Expenditures
Status through December 31, 2024

The Salinas Fire Department provides 24 -hour prevention, response, mitigation, and recovery efforts for fires, hazardous materials, emergency medical services, traffic collisions , aircraft emergencies, and all other emergency and non -emergency service requests within the City of Salinas corporate limits. The primary goal of the Fire Department is the protection of life, property, and the environment for those that live, work, and visit the City of Salinas. All divisions of the fire department; Administration, Prevention, Training/Special Operations, Disaster Preparedness, Vehicle Maintenance, Emergency Medical Services, Hazardous Materials Response, and Suppression and Rescue, work together to sup port this goal. The Department expenditure is trending at 53%, again due to the CalPERS UAL prepayment. Staff are requesting an additional appropriation of $154,000 for City Hall West Wing furniture needs, anticipated increase in plan check activity, fire hydrant repairs, and vehicle maintenance.

Public Works

2024-2025 2023-2024 2024-2025
FY Amended
Budget YTD Actual
% of
Budget
YTD Prior
Year
Proposed
Changes
Public Works 13,777,826 6,459,990 46.9% 12,204,854 363,000 2024 - 2025 General Fund Expenditures
Status through December 31, 2024

The Public Works Department constructs and maintains the City’s facilities, roadways, right -of- way, and other infrastructure with the goal of ensuring they are safe, functional, and well maintained. Department expenditures are trending at 47%, however, the remaining funds have been identified and programmed by the department for various needs . Staff are requesting an additional appropriation of $363,000 for compost material to meet SB1383 Organic Waste Product procurement requirements issued by the state , Republic audit charges, and to extend the urban forestry contract.

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Non-Departmental
2024-2025 2023-2024 2024-2025
FY Amended
Budget YTD Actual
% of
Budget
YTD Prior
Year
Proposed
Changes
Non Departmental 10,803,849 6,141,064 56.8% 6,789,388 178,000 2024 - 2025 General Fund Expenditures
Status through December 31, 2024

The Non-Departmental budget supports community programs, the City's repayment of outstanding bond issues, the cost of elections, the cost of operating the 65 West Alisal Street facility, and various operating costs that are not directly charged to a specific departmental Oper ating budget.

Within the Non -Departmental budget are also community programs that support certain youth activities, families, prevention and education as well as the Intermodal Transportation Center (ITC). Department expenditure is trending at 57% due to paying a larger portion of both the City- wide Emergency Services Contract (911) and the Animal Services Contract in the first half of the fiscal year. Per standard process, staff is requesting a n additional appropriation of $ 178,000 for unanticipated or emergency expenditures City-Wide through the end of the fiscal year.

FY 2024-25 Recommended Budget Adjustments

Budget adjustments are recommended for expenditures identified in Exhibit A.

CEQA CONSIDERATION:

Not a Project . The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

CALIFORNIA GOVERNMENT CODE §84308 APPLIES:

No.

STRATEGIC PLAN INITIATIVE:

Monitoring the growth of revenues and expenditures, including determining when supplemental appropriations are necessary, supports the City of Salinas Strategic Plan 2022 -2025 goal of Effective and Culturally Responsive Government.

DEPARTMENTAL COORDINATION:

This staff report was coordinated by Finance and the City Manager’s Office.

FISCAL AND SUSTAINABILITY IMPACT:

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If approved, the budget adjustments requested would increase the City’s combined general funds appropriations by $727,000 within the General Funds identified in the table below. Staff are not requesting an increase in revenue appropriations therefore, fund balance will be used to cover the increase in appropriations.

Fund

Appropriation

Appropriation
Name
Total
Appropriation
Amount for
recommendation
FY 24-25
Operating
Budget Page
Last Budget
Action (Date,
Resolution)
1000 General Fund various $0 $482,000 N/A N/A
1200 Measure G various $0 $245,000 N/A N/A

ATTACHMENTS:

1. Resolution – Fiscal Year 2024-25 Mid-Year Budget Adjustments

2. Exhibit A – Fiscal Year 2024-25 Supplemental Appropriation Requests

3. Fiscal Year 2024-25 Mid-Year Budget PowerPoint Presentation 1 RESOLUTION NO. ______ (N.C.S.)

A RESOLUTION APPROVING BUDGET ADJUSTMENTS AND
SUPPLEMENTAL APPROPRIATIONS TO THE FISCAL YEAR 24-25

OPERATING AND CAPITAL BUDGETS FOR THE CITY OF SALINAS

WHEREAS, on June 11, 2024, the City Council of the City of Salinas adopted the Fiscal Year 24-25 Operating and Capital Budgets; and

WHEREAS, on February 25, 20 25, the City Council of the City of Salinas met and reviewed the mid-year budget and considered staff’s recommended budget adjustments.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Salinas, that the Council hereby accepts the Fiscal Year 2024-25 Mid-Year Budget Review report; and

BE IT FURTHER RESOLVED by the City Council of the City of Salinas , that the Council hereby approves supplemental appropriations and use of fund balances as needed for fiscal year 2024-25 up to the amounts listed on the attached Exhibit A.

PASSED AND APPROVED this 25th day of February, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

______________________________________
Dennis Donohue, Mayor
ATTEST:

______________________________________
Patricia M. Barajas, City Clerk
Approved Mid-Year Requests
Fiscal Year 24-25
Police Department
Full-Time Forensic Specialist (April-June) 32,000.00 General Fund Field Operations Subtotal Police Department 32,000.00
Fire Department
Replace City Hall West Wing furniture due to recent remodeling/construction of space 40,000.00 General Fund Administration Address City Hall West Wing technology needs due to recent remodeling/construction of space 10,000.00 General Fund Administration Increase capacity for fire plan checks 40,000.00 General Fund Prevention Necessary fire hydrant repairs 24,000.00 General Fund Prevention Vehicle maintenance due to the temporary closure of Station 1 40,000.00 General Fund Vehicle Maintenance Subtotal Fire Department 154,000.00
Public Works Department
Compost material to satisfy SB1383 Organic Waste Product procurement requirements issued by the state 67,000.00 General Fund Sustainability Professional services contract for Republic audit charges 51,000.00 General Fund Sustainability Extend urban forestry contract (trees) 200,000.00 Measure G Urban Forestry Extend urban forestry contract (median/landscape) 45,000.00 Measure G Urban Forestry Subtotal Public Works Department 363,000.00
Non-Departmental
Budget for unanticipated and emergency expenditures City-wide through the end of the fiscal year 178,000.00 General Fund Other Services Subtotal Non-Departmental 178,000.00
TOTAL SUPPLEMENTAL APPROPRIATIONS REQUEST 727,000.00
Fund DivisionItem
Supplemental
Appropriation
Requested