Board of Directors Regular Meeting Agenda
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Receive, consider and act upon approval of an Agreement of Inclusion and a Certificate of Inclusion related to the bald eagle and conveyance of One Lake’s Edge Kayak Kiosk;
In the event the/a bald eagle(s) were to locate to Township property within the permit area, there could be significant savings in potential legal fees and costs to comply with Federal requirements due to the Agreement of Inclusion and Certificate of Inclusion.
At the February 24, 2016, Board of Directors meeting, the Township accepted conveyance of the Kayak Kiosk in Hughes Landing. The transaction involved several documents including the Special Warranty Deed and access easements for parking, utilities and restrooms. Two documents were inadvertently left out of the conveyance package - an Agreement of Inclusion and Certificate of Inclusion, both of which relate to the bald eagles which resides in the area.
The Woodlands Land Development Company (TWDC) holds a §10A Inclusion permit from The United States Fish and Wildlife Service which provides certain authorizations for potential impacts to the bald eagle in connection with construction and operation of the development on the east side of Lake Woodlands. As the Township is to become a property owner within the permitted area, USFW allows TWDC to assign Inclusion Rights and Responsibilities for the exclusive use and benefit of the Township's property (Attachment A & B). In effect, this affords The Woodlands Township the same permit rights and responsibilities for the Township property that are provided to TWDC. As additional properties in Hughes Landing are conveyed to the Township, similar Agreements of Inclusion and Certificates of Inclusion will be included in the conveyance documents.
It is recommended to approve the Agreement of Inclusion and Certificate of Inclusion as presented and authorize the President/General Manager to execute the documents.
Attachment A - Agreement of Inclusion
Attachment B - Certificate of Inclusion
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