Agmt 2011 California State Water Resources Control Board SWRCB

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City of San Leandro Agreement No.: 11- 806 -550 Project No.: C -06- 7002 -110 EXHIBIT D — SPECIAL CONDITIONS • • ENVIRONMENTAL SPECIAL CONDITIONS AS FOLLOWS: Compliance with the Migratory Bird Treaty Act To avoid potential impacts on migratory birds, the Recipient shall abide by the following measure: • The Recipient shall ensure that a qualified biologist conduct pre- construction surveys for nesting birds if Project construction is to begin during the nesting season (February 1 through August 15). The Recipient shall ensure that a qualified biologist conduct a pre- construction survey no more than 14 days prior to initiation of construction activities to confirm the presence or absence of active nests in the Project area. If active nests are encountered, the Recipient shall ensure that species - specific measures be prepared by a qualified biologist, and that these measures are implemented to prevent abandonment of the active nest(s). Construction activities, including grading, in the vicinity of the nests shall be deferred until the young birds have fledged and are independent of their parents. The Recipient shall ensure that the perimeter of the nest - setback zone, as determined by the qualified biologist, be fenced or adequately demarcated with staked flagging, and construction personnel be restricted from the area. The Recipient shall ensure that a survey report prepared by the qualified biologist verifying that the young have fledged be submitted to the State Water Board prior to initiation of construction activities in the nest - setback zone. Reporting to the State Water Board • The Recipient shall include the status of its environmental compliance with the measures identified in this Exhibit D in the quarterly project report to the State Water Board. • The Recipient shall report of its environmental compliance efforts with the measures identified in this Exhibit D in the Project Performance Report and Certification required to submit to the State Water Board one year after Initiation of Operation. Any changes in the construction area, Project, or special condition, shall require prior approval by the • State Water Board. FINANCIAL SPECIAL CONDITIONS AS FOLLOWS: • The Recipient shall covenant to establish rates and charges in amounts sufficient to generate net revenues equal to at least 1.20 times the total annual debt service. • The Recipient shall fund a Reserve Fund equal to one year's debt service from available cash prior to the construction completion date. • Based on information provided in the Recipient's CWSRF application, the Division has determined that the Project is used for qualified tax exempt purposes. The Recipient has indicated that, in the future, it may contract with a private entity to operate, manage, or provide exclusive services with respect to the Project. Before doing so, the Recipient must provide the Division a copy of the proposed contract. The Division will review for compliance with applicable requirements, including the Safe Harbor guidelines of Internal Revenue Service (IRS) Revenue Procedures 97 -13. Without prior Division approval, the Recipient may not enter into any contracts or other arrangements with a private entity for the management of property or the provision of services with respect to the Project. • D -1 • m,u w,o