(12)AR 061609 AGRMT Memorandum of Understanding between Inland Memorial and the City of Colton

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APPROVED BY CITY C UN I Date Item # # MEMORANDUM OF UNDERSTANDING BETWEEN INLAND MEMORIAL AND THE CITY OF COLTON WHEREAS, the City of Colton ("City") wishes to facilitate orderly development in the City, and particularly development which provides jobs and revenue to the citizens of the City; and WHEREAS, public and private projects within City limits are potentially impacted by the federally -listed Delhi Sands Flower -loving Fly ("DSF"); and WHEREAS, the Federal Government has imposed specific requirements designed to protect endangered species that are separate and apart from State of California and City requirements; and WHEREAS, the City wishes to assist property owners/lessees to satisfy these federal requirements, where applicable and feasible; and WHEREAS, the federal requirements do not supplant more general City land use requirements related to private development within the City more generally; and WHEREAS, the City has negotiated informally with the United States Fish & Wildlife Service (the "Service") with regard to allowing certain public and private development projects in the City to obtain "Take Authorization" which would potentially allow those projects to satisfy the requirements of the Federal Endangered Species Act ("ESA") (which generally prohibit the "Take" of listed endangered species); and WHEREAS, the City is moving forward with plans to develop a Habitat Conservation Plan for the Issuance of an Incidental Take Permit Under Section IO(A)(1)(B) of the Endangered Species Act for the Federally Endangered Delhi Sands Flower -Loving Fly Projects within the City of Colton, County of San Bernardino, California to formally obtain Take Authorization for participating public and private projects ("the Section 10 Program"); and WHEREAS, Inland Memorial, Inc. ("Inland Memorial") is the lessee/operator of the Hermosa Cemetery located at Meridien and "C" Streets in the City and holds a long-term lease of the cemetery property, which is owned by the City; and WHEREAS, Inland Memorial hopes to develop a portion of the approximately 18 undeveloped acres on the cemetery site, notwithstanding that the Service has determined that the site is occupied by the DSF; and WHEREAS, the City is willing to allow Inland Memorial to participate in the City's proposed Section 10 Program; and WHEREAS, as part of the Section 10 Program, the Service ordinarily issues a Biological Opinion which contains terms and conditions which must be satisfied prior to any ground disturbance of the affected public or private development projects; and Ry