HomeMy WebLinkAboutURA RES 2023-08RESOLUTION NO. CV I � - JB
BE IT HEREBY RESOLVED by the Urban Renewal Agency of the City of Caldwell, Idaho,
that the Agency approve the City Engineer or Public Works Director to sign the attached
Purchase Agreement by and between the City of Caldwell and The Wetlands Group (of
Vancouver, WA) to purchase wetland mitigation credits for wetlands consumed adjacent to
Indian Creek, within the site of the future Ustick Road Widening Elijah Drain to Interstate-84
Project.
PASSED BY THE URBAN RENEWAL AGENCY of the City of Caldwell, this 1 Oth day of
July, 2023.
APPROVED BY THE CHAIRMAN of the Urban Renewal Agency of the City of Caldwell,
this 1 Oth day of July, 2023.
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By
cretary or Deputy
MEMORANDUM
TO: Caldwell Urban Renewal Agency
Meeting Date July 10 920 23
AGENDA ITEM INFORMATION
SUBJECT.
Execution of a Purchase Agreement between the
City of Caldwell and The Wetlands Group for
mitigation of wetlands consumed by the Ustick
Road Widening Project — Indian Creek Crossing
(use of URA funds to support thisproject)
Department Submittals
X to
mark
Initials
Building Department
CDBG
Clerk
City Attorney
Finance Department
Human Resources
Planning & Zoning
Fire Department
Police Department
Public Works
Street Department
Water Department
WWTP
Engineering
X - AZN
RM
Mapping
COST IMPACT.•
$60,984.00
(for mitigation of 0.4 acres)
Parks and Recreation
Airport
Information Systems
FUNDING
SOURCE.
05840210-87500
40022205-UstkDsgn
Golf Course
OTHER:
TIMELINE:
Mitigation available upon execution by
both parties AND payment of the
abovementioned cost.
SUMMARYSTATEMENT:
The City of Caldwell intends to double the width of Ustick Road and right-of-way, allowing for five lanes
of vehicular traffic. This project will encroach into, and modify the FEMA floodway and federally
designated wetlands. Therefore, the City is required to mitigate wetland impacts.
After examining the methods available for mitigation: (1) Replace the acreage of wetlands impacted in kind
or (2) purchase mitigation credits from a Wetland Mitigation Bank, Engineering Dept staff determined that
it would be more cost effective and timely to purchase mitigation credits.
RECOMMENDED ACTION:
We request that the Caldwell Urban Renewal Agency accept the Purchase Agreement by allowing the City
Engineer or Public Works Director to sign and execute the Purchase Agreement between The Wetlands
Group (of Vancouver, WA) and the City of Caldwell URA in the amount of $60,984.00
PURCHASE AGREEMENT
This PURCHASE AGREEMENT is made and entered into as of
this 26 th day of June 2023 ("Effective Date") between The
Wetlands Group, LLC hereinafter referred to as "Seller" and
TWG) and The City Of Caldwell, Idaho (hereinafter referred to
as "Purchaser"). Seller agrees to sell, and purchaser agrees to
buy wetlands mitigation credits in accordance with and pursuant
to this Purchase Agreement ("Agreement").
FOR AND IN CONSIDERATION of the covenants and
conditions herein contained, the receipt and sufficiency of which
is hereby acknowledged by and between the parties hereto,
Seller and Purchaser agree as follows:
LSALE
Seller shall sell to Purchaser and Purchaser shall purchase from
Seller wetland mitigation credits of .4 acres to; compensate for
wetland impacts For. the Ustick Road Widening project USACE
NWW-2020-00124.
2. PAYMENTS:
Purchaser shall pay Seller for the credits in accordance with the
terms and condition of the Agreement as follows, and is due and
payable within 15 days of execution:
A. Purchaser shall pay a sum total of $60,984.00. 17,424
sq feet @ $3.50 sgft
3. SELLERS SERVICE:
Seller operates The Wetland Banks of Idaho and is authorized to
and agrees, to sell Credits to purchaser as follows:
A. Seller shall provide wetland mitigation credits to
compensate for .4 acres of unavoidable permanent wetland
impacts. VWG is required to provide credits in one tenth acre
increments, therefore .4 acres of wetland credit will be provided.
B. Upon receipt of the consideration specified in Paragraph
2, Seller assumes the responsibility to provide the wetlands
mitigation specified in. Paragraph 3.A.
C. Seller shall provide or has provided the wetlands
mitigation in accordance with the terms and condition of
the Umbrella Mitigation Banking Instrument approved by
the corps.
A. Seller's Warranty. Seller warrants that it is a duly
authorized Idaho Limited Liability corporation, is in
good standing and has the authority and approval from
the Corps to sell mitigation credits and warrants that the
wetlands mitigation shall be in accordance with the terms
and conditions of the Umbrella Mitigation Banking
Instrument. Purchaser's sole remedy with respect to
failure of Seller to perform in accordance with the
specifications of the Umbrella Mitigation Banking
Instrument shall be Purchaser can require Seller to
provide alternative wetlands mitigation as agreed to by
Seller and the Corps at no additional cost to Purchaser.
B.1. Purchaser's Warranty: Purchaser warrants that the
undersigned representative is duly authorized to
enter into the Agreement. Purchaser further warrant that it
has
The financial capability to perform under this
Agreement and to it knowledge, there
are no legal impediments restricting or otherwise
exiting that would prevent
Purchaser from performing.
s. INSOLVENCY OF PURCHASER:
In case of the filing of a petition in bankruptcy by or
against Purchaser, or the appointment of a receiver for
Purchaser, or the insolvency of Purchaser, prior to
Purchaser's full performance under this Agreement, Seller
may terminate this Agreement.
6. SAVINGS AND SEVERABILITY PROVISIONS:
The parties agree that if a portion of this Agreement or if
the application of this Agreement to any person or
circumstance shall to any extent be declared invalid by a
court of competent jurisdiction, then the remainder of this
Agreement and the application of such provisions to
persons or circumstances other than those held to be
Invalid shall not be affected thereby. Moreover, each
provision of the Agreement shall be valid and enforced to
the fullest extent permitted by applicable law.
This Agreement is not assignable, and the duties hereunder
are not delegable without Seller's written consent.
8. ENTIRE_AFREEMENT:
This Agreement contains the entire understanding between
the parties with respect to
The subject matter hereof. Furthermore, this Agreement
supersedes and revokes all
Previous communications, negotiations, and agreements,
whether oral or written, between the parties with respect to
the subject matter of the Agreement. No addition,
Modification or deletion of or to this Agreement or any
waiver of any of its provisions
Shall be binding on either party unless made in writing and
executed by Seller and Purchaser by addendum to this
Agreement.
9. JURISDICITON•
This Agreement shall be governed and construed for all
purposes under and in accordance with the laws of the State
of Idaho.
10. NOTICE:
Any notice required under this Agreement shall be sent to
the following persons at the addresses indicated:
The Address of the Seller is:
The Wetlands Group, LLC
13023 NE Hwy 99 Suite #255
Vancouver, WA 98686
The Address of the Purchaser is:
The City Of Caldwell, IDAHO
IN WITNESS WHEREOF, the parties hereto have executed this
Purchase Agreement, the day and year first above written.
End L. oftoh
Brent L.Orton (Jul 11, 2023 12:35 MDT)
N= Brent Orton
.. Public Works Director
The Wetlands Group, LLC
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; F
N=L Guy Howard
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Date 11Jul2023