R-082-17 Approving donation agreement with Dr. Dev Gnanadev and assignment of Habitat Conservation credits (10.17.17)

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1 RESOLUTION NO. R-82-17 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, APPROVING A DONATION AGREEMENT BY AND BETWEEN THE CITY OF 3 COLTON AND DR. DEV GNANADEV, TRUSTEE OF THE GNANADEV FAMILY 4 TRUST; AND THE ASSIGNMENT OF HABITAT CONSERVATION CREDITS 5 WHEREAS, the City of Colton ("City") has an approved West Valley Habitat 6 Conservation Plan ("HCP") for the Delhi Sands Flower -loving Fly ("DSF"); and 7 WHEREAS, on February 2, 2015, the United States Fish & Wildlife Service 8 ("USFWS") issued to the City an Incidental Take Permit for the DSF to the approved HCP; 9 and WHEREAS, the approved HCP and the issuance of the Incidental Take Permit allows 10 development to occur, but not without the City acquiring an approximate 50.3 acres of 11 habitat conservation land for the DSF as required by USFWS; and 12 WHEREAS, pursuant to the HCP, in order for the City to acquire the habitat 13 conservation land, the City has adopted a "HCP mitigation fee", currently at $41,459 per 14 acre, that will be charged to property owners who wish to develop their property; and 15 WHEREAS, Dr. Dev Gnanadev, Trustee of the Gnanadev Family Trust, ("Donor") is owner of approximately 0.90 acres of vacant real property (San Bernardino County 16 Assessor Parcel Numbers 0254-061-02, (the "Donor Property"); and 17 WHEREAS, the City conducted an appraisal in September 2017, which determined 18 the average fair market value of the Donor Property is $4.90 per square foot ("Property 19 Value"); and WHEREAS, the City desires to accept the Donor Property for the purposes of wildlife 20 conservation in furtherance of the HCP, and Donor desires to donate the Property to City; 21 and WHEREAS, the Donor plans to use the Property Value, in lieu of any reimbursement, 22 to offset the cost of the deferred HCP mitigation fee and certain City impact fees that have 23 been assessed against other property, currently under construction, he owns within the HCP 24 Plan area; and 25 WHEREAS, upon Donor's donation of the Donor Property to City and City's 26 acceptance pursuant to the Donation Agreement, Donor wishes to transfer any Habitat Credits to the Wildrose Village housing project located within the HCP Plan area; and 27 28 WHEREAS, Donor has signed a Donation Agreement donating the Donor Property to the City of Colton; and [1]