Common use of BASELINE DETERMINATION Clause in Contracts

BASELINE DETERMINATION. ‌ This Agreement provides a way for the CDPR to reestablish the California red-legged frog and to enhance and manage native riparian and wetland habitat for the benefit of the species without incurring additional regulatory restrictions on the use of their property. The Agreement, however, does not release the CDPR from the responsibility to avoid take of any endangered or threatened species already occupying portions of their property. To receive the assurances regarding take of California red-legged frog specified in this Agreement, the CDPR must maintain the Baseline conditions on the Enrolled Properties. Baseline conditions are defined in the Service’s Safe Harbor Agreement policy (64 FR 32717) as population estimates and distribution and/or habitat characteristics and determined area of the enrolled property that sustain seasonal or permanent use by the covered species at the time the safe harbor agreement is executed between the Service and the property owner. The Baseline conditions must reflect the known biological and habitat characteristics of the Enrolled Property. Although California red-legged frogs do not currently occur at the Enrolled Properties, suitable habitat for California red-legged frogs exists within each of the Enrolled Properties (except for currently at La Jolla Canyon, which we anticipate will contain suitable habitat during the period of this Agreement, as discussed previously). This Agreement has been established to aid in promoting the recovery of the California red- legged frog. CDPR understands the valuable contribution toward recovery that the translocation and reestablishment of the California red-legged frog on its lands would provide to the species Therefore, CDPR would like to contribute to the recovery of the California red-legged frog by creating additional populations of the species at the Enrolled Properties and by establishing an elevated Baseline for the species. The Parties have worked in partnership to establish the following Baseline conditions at the Enrolled Properties. The Baseline conditions for the California red-legged frog at the Enrolled Properties will contain two components: (1) the current area of suitable habitat for the California red-legged frog at an Enrolled Property; and (2) an elevated presence of a self-sustaining population of California red-legged frogs at an Enrolled Property. The elevated Baseline has been established with the intent to create and maintain self- sustaining populations of California red-legged frogs at the Enrolled Properties post translocation. The Parties have agreed to set the Baseline conditions for the California red- legged frog at the Enrolled Properties as follows. 1. The Baseline area for the California red-legged frog at each of the Enrolled Properties consists of:

BASELINE DETERMINATION. ‌ This Agreement provides a way mechanism for the CDPR Landowner to reestablish the California red-legged frog and to enhance enhance, restore, and manage native riparian and wetland habitat for the benefit of the species Covered Species without incurring additional regulatory restrictions on the use of their propertythe Enrolled Property. The Agreement, however, does not release the CDPR Landowner from the responsibility to avoid take of any endangered or threatened species already occupying portions of their property. To receive the assurances regarding take of California red-legged frog Covered Species specified in this Agreement, the CDPR Landowner must maintain the Baseline conditions on the Enrolled Properties. Baseline conditions are defined in the Service’s Safe Harbor Agreement policy (64 FR 32717) as population estimates and distribution and/or habitat characteristics and determined area of the enrolled property that sustain seasonal or permanent use by the covered species at the time the safe harbor agreement is executed between the Service and the property ownerProperty. The Baseline conditions must reflect the known biological and habitat characteristics of California red-legged frog occurs at the Enrolled Property. Although Because of their cryptic nature and the difficulty in detecting the actual number of California red-legged frogs do not currently occur at in each life stage, the Enrolled Properties, suitable habitat for California red-legged frogs exists within each of the Enrolled Properties (except for currently at La Jolla Canyon, which we anticipate will contain suitable habitat during the period of this Agreement, as discussed previously). This Agreement has been established to aid in promoting the recovery of the California red- legged frog. CDPR understands the valuable contribution toward recovery that the translocation and reestablishment of the California red-legged frog on its lands would provide to the species Therefore, CDPR would like to contribute to the recovery of the California red-legged frog by creating additional populations of the species at the Enrolled Properties and by establishing an elevated Baseline for the species. The Parties have worked in partnership agreed to establish set the following Baseline conditions at the Enrolled Properties. The Baseline conditions for the California red-legged frog at the Enrolled Properties will contain two components: (1) as the current area of suitable habitat for the California red-legged frog at an the Enrolled Property; and (2) an elevated presence of a self-sustaining population of . Because California red-legged frogs have been observed at an the Enrolled Property in the manmade pond and in multiple pools along Swallow Creek; they could also occur in Swallow Creek between these sites in the uplands adjacent to the creek, and they could use the creek and uplands for dispersal. Suitable habitat exists in the manmade pond, along the length of Swallow Creek, and in the adjacent uplands, as identified in Part 3 of this Agreement. The total area of suitable habitat for the California red-legged frog at the Enrolled Property is the area of suitable aquatic habitat plus the area of suitable upland habitat. The area of suitable aquatic habitat consists of the manmade pond and the area from the pond downstream the entire length of Swallow Creek that occurs within the Enrolled Property. The elevated Baseline has been established with area of suitable upland habitat consists of the intent area adjacent to create Swallow Creek that includes the riparian vegetation along the length of Swallow Creek and maintain self- sustaining populations other areas within the fenced area along the length of California red-legged frogs at Swallow Creek that occurs within the Enrolled Properties post translocationProperty. The Parties have agreed to set the Baseline conditions for the California red- legged frog at the Enrolled Properties as follows. 1. The Baseline area for the California red-legged frog at each of the Enrolled Properties consists of:Property as this total area of suitable habitat. The Baseline area is 7.2 acres of suitable habitat for the California red-legged frog (Figure 3).