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4.8. SR 07-18-2016Request for Action To Item Number Mayor and City Council 4.8 Agenda Section Meeting Date Prepared by Consent Agenda July 18, 2016 Michael Hecker, Parks and Recreation Director Item Description Reviewed by US Fish and Wildlife Service Wetlands Restoration Cal Portner, City Administrator Agreement Reviewed by Action Requested Approve, by motion, the Landowner Agreement between the City of Elk River and the U.S. Fish and Wildlife Service (USFWS). Background/Discussion The USFWS Partners for Fish and Wildlife Program has offered to assist in wetland restoration for portions of the William H. Houlton Conservation Area (WHHCA). They would provide funds, permitting, and technical expertise for the restoration. The work will include some earth moving at two locations (see attached agreement map) and then seeding of a cover crop and buffer area around the wetland areas. This will supplement the restoration work already approved for the WHHCA. Financial Impact The USFWS agreed to fully fund the restoration work. Attachments ■ Partners for Fish and Wildlife Program Landowner Agreement P a w E A E U a r NaA f RE] Landowner Agreement No: MNPLO-16-021 Cost Structure: FF03R71\4N00 FXHC 112103 03HRO PARTNERS FOR FISH AND WILDLIFE PROGRAM LANDOWNER AGREEMENT This Landowner Agreement (Agreement), dated 07/18/2016, between City of Elk River and the U.S. Fish and Wildlife Service (USFWS) is entered into pursuant to authority contained in the Partners for Fish and Wildlife Act (P.L. 109-294), the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.) and the Fish and Wildlife Act of 1956 (16 U.S.C. 742a j), as amended. This project was selected for funding because the Landowner(s) share(s) a common objective with the USFWS to restore habitat for the benefit of Federal trust species on private lands, and the project supports priority actions identified in the Regional Partners for Fish and Wildlife (Partners) Program Strategic Plan. City of Elk River, 13065 Orono Parkway Elk River, MN 55330, hereby agrees to participate with the USFWS in conducting certain wildlife management practices on lands owned or managed in Sherburne County, State of Minnesota, described as follows: all of, or within, T32N R26W Sec. 4, (see attached map in Exhibit A. for details). In signing this Agreement, the Landowner(s) j oin(s) as a participant in a wildlife habitat improvement program and grants to the USFWS and any other cooperators signing this Agreement] authority to complete the habitat improvement project or the Landowner(s) may personally carry out management activities with financial or material support as described in attached Exhibit A. Any donation of supplies or equipment to the Landowner for carrying out the habitat improvements is included in Exhibit A. The activities conducted pursuant to this Agreement are not to replace, supplement or otherwise contribute to any mitigation or compensation that may be required of the Landowner(s) or other parties as a result of any mandated requirements. The term of this Agreement (also referred to as the habitat retention period) will be completed on 07/18/2016. This Agreement may be modified at any time by mutual written consent of the parties. It may be terminated by either party upon 30 days advance written notice to the other party. However, if the Landowner(s) terminate(s) the Agreement before its expiration, or if the Landowner(s) should materially default on these commitments, then the Landowner(s) agree(s) to reimburse the USFWS prior to final termination for the prorated costs of all habitat improvements placed on the land through this Agreement. For these purposes, the total cost of the habitat improvements to the United States is agreed to be $ 1,500.00 FWS NonOBL 08/14 Landowner: The Landowner(s) or his/her land manager, with legal authority over land management decisions, guarantee(s) ownership of the above-described land and warrants that there are no outstanding rights that interfere with this Landowner Agreement. The Landowner(s) will notify the USFWS of planned or pending changes in ownership. A change of ownership shall not change the terms of this Agreement. The Agreement and terms shall be in effect on the described land for the term of the Agreement. The Landowner(s) agree(s) to allow access (with advance notice) to the USFWS to implement the project described in Exhibit A, and to monitor project success. The Landowner(s) retain(s) all rights to control trespass and retains all responsibility for taxes, assessments, and damage claims. During the habitat retention period, the landowner must maintain the habitat restored under this award. At the end of the habitat retention period, the habitat improvement project will become the sole property and complete responsibility of the Landowner(s). There shall be no obligation to the USFWS after the term of the Agreement has expired. The Landowner(s) will be responsible for securing any necessary permits. Technical advice and support will be provided by participating agencies in the application for the permit(s). The Landowner(s) agree(s) to identify USFWS contribution to the project during public presentations, reports, or other information published about the project, as appropriate. USFWS: The USFWS will work with the Landowner(s) throughout the entire Agreement term to support actions needed to ensure that the project is designed and constructed per the Agreement and functions as intended. The USFWS, its agents, or assignees will provide advanced notice prior to accessing the Landowner(s) property to implement the project described in the work plan, and to monitor project success. The USFWS assumes no liability for damage or injury other than that caused by its own negligence, on the above acreage. The USFWS does not assume jurisdiction over the premises by this Agreement. FWS NonOBL 08/14 Spatial Information Sharing: In accordance with the Privacy Act of 1974, permission must be obtained from the Landowner before any personal information can be released. The only information that can be shared is payment information that is authorized by law. Therefore, Landowner consent is requested to allow for sharing of spatial information about this project solely with conservation cooperators providing technical or financial assistance with the restoration, enhancement or management of fish and wildlife habitat. I, the Landowner, consent to having spatial information about this project shared with other conservation cooperators I, the Landowner, do NOT wish to have any spatial information about this project shared with other conservation cooperators Signatures: John Riens, USFWS Partners for Fish and Wildlife Program Biologist Date Sheldon Myerchin, USFWS Partners Program State Coordinator Date John J. Dietz, Mayor Date Tina Allard, City Clerk Date FWS NonOBL 08/14 EXHIBIT A The habitat improvements described below are agreed to by City of Elk River, the USFWS, in a Landowner Agreement dated 07/18/2016. Landowner Contact Information: Name: City of Elk River Mailing Address: 13065 Orono Parkway City: Elk River State MN Zip code: 55330 Telephone Numbers: Home: 763-635-1000 Email: N/A Description of Habitat Improvement Proiect and Obiectives This project will restore approximately 2.5 acres of drained wetland habitat and 122 acres of prairie on public property located in Sherburne County, Minnesota. The project is roughly located within the city limits of Elk River. The project will provide wetland habitat for numerous migratory birds, including Mallards, Blue -winged teal, Wood Ducks, and grasshopper sparrows. The project will contribute towards restoration goals in the Upper Mississippi River/Great Lakes Joint Venture area and Minnesota's Comprehensive Wildlife Conservation Strategy Action Plan. The FWS Biologist provided technical recommendations to the landowner regarding permitting and design. Recommendations of vegetative management were also expressed to enhance the diversity of the habitat. Project oversight and cost share of $1,500.00 was provided by the FWS. The Landowner also provided $322,500.00 in cost share in the form of cash and other in-kind match to coordinate the restoration of the habitat holistically. USFWS will: Provide cost share as outlined in the budget to implement the restoration plan. The FWS Biologist also provided vegetative management recommendations and technical expertise for the property. The FWS will provide on-going coordination with the Landowner to insure progress is being made in a timely and efficient manner and will conduct a final site inspection with the Landowner to verify completion of the project. Additionally, the FWS Biologist will periodically check the project for implementation success for the duration of the agreement. The FWS will provide $1,500.00 cost share towards the project for the wetland component of the habitat restoration. The Landowner(s) will: Hire a contractor/or complete the work themselves to install the embankment/dike structures, remove unwanted/invasive plant species, and monitor project success following implementation. The Landowner has agreed to provide cost share of $322,500.00 towards the project including; cash, in-kind labor, and materials to complete the prairie portion of the project. The Landowner also agrees to maintain the site with future maintenance that might include; mowing, spraying, and shrub removal of any invasive species. Supplemental native wetland seeding and/or plant installation may also be conducted. FWS NonOBL 08/14 Budget Table: Object Class Contributing Partners Categories' Landowner USFWS Partners Pro ram USFWS Other Other Programs Non-USFWS Totals Personnel $ $ $ $ $ Frim4e benefits $ Travel $ $ $ $ $ Equipment $ $ $ $ $ Supplies $ $ $ $ $ Contractual $322,500.00 $1,500.00 $ $ $324,000. 0 Other (In-kind) $ $ $ $ $ Other $ $ $ $ $ Totals $322,500.00 $1,500.00 $ $ $324,500.00 ' The total cost -share by the Cooperator, Service and Landowner must remain the same, however allocations by category may be redistributed upon prior approval by the Service Any work to be completed may be modified with the mutual agreement of the aforementioned parties. Budget Narrative: Contractual: Wetland Restorations - $1,500.00 (USFWS) Prairie Restoration - $322,500.00 (Partner) (see "William H. Houlton Conservation Area Natural Resource Management Plan "for specific contractual components of the restoration) Total Project Cost: $324,500.00 Cost share amounts are based upon current market prices from established restoration vendors that Federal, State, and non-profit agencies use to complete wildlife management and restoration proj ects. FWS NonOBL 08/14 , |11 jall -'` Feet 1,320 F-1 Wetland Contours U � r. i