Agmt 2008 US Fish & Wildlife Service

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PURPOSES AND RECITALS Purposes The purposes of this Memorandum of Understanding (MOU) are to identify the obligations of each party and the terms of this agreement. Recitals The parties have voluntarily entered into this MOU in consideration of the following facts: (1) California sea-blite (Suaeda califoYnica) is an endangered species listed under the Endangered Species Act of 1973, as amended. (2) Robert's Landing is within the historic range of California sea-blite and has been determined to provide suitable habitat in several locations for the reintroduction of the plant, in an effort to prevent its extinction. (3) The City of San Leandro has agreed to allow the reintroduction of California sea-blite at their property within Robert's Landing. Reintroduction and stewardship thereof would be conducted by U.S. Fish and Wildlife Service (USFWS), their contractors, and volunteers. (3) The City of San Leandro agrees to reasonably minimize the effects to reintroduced California sea-blite that may occur during the course of normal recreational and maintenance activities at Robert's Landing. PARTIES The parties to this Memorandum of Understanding are The City of San Leandro, a municipal corporation, and the United States Fish and Wildlife Service. DEFINITIONS The following terms as used in this agreement will have the meanings set forth below: Terms defined in Endangered Species Act. Terms used in this agreement and specifically defined in the Endangered Species Act of 1973, as amended (16 U.S.C. § 1531 et seq.)(Act) or in regulations adopted by the USFWS under the Act have the same meaning as in the Act and those implementing regulations, unless this MOU expressly provides otherwise. "California sea-blite" means Suaeda californica, a coastal wetland shrub native to San Francisco and Morro Bays, which inhabits a very narrow high tide zone along sandy salt marsh edges or estuarine beaches. "Covered species" means California sea-blite.