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17-0719_CALTROUT_Access/Entry Agreement Provisional Landowner Access Agreement CalTrout(Applicant) City of San Juan Capistrano (Landowner) 360 Pine Street, Fourth Floor 32400 Paseo Adelanto San Francisco CA 94104 San Juan Capistrano, CA 92675 Access/Entry Agreement Fish Passage Design at Interstate 5 Bridge Array on Trabuco Creek I. PURPOSE The following agreement details requirements of both the landowner and California Trout regarding the project: Fish Passage Design at Interstate 5 Bridge Array on Trabuco Creek. Said property is located on Trabuco Creek,a tributary of Sari Juan Creek. The project site is approximately 5.0 miles upstream of San Juan Creek estuary at Doheny State Beach, and is located within the City of San Juan Capistrano in Orange County. The City of San Juan Capistrano is one of the "Landowner" entities whose property may be accessed by project personnel to review the project site and take measurements and photographs. This agreement is to document that Landowner is aware that the fish passage project has been funded by California Department of Fish and Wildlife (CDFW) Prop 1 program. The project has been explained to me by CalTrout. The City of San Juan Capistrano supports the goals of the project. This project is Phase I of a three phase project culminating in construction of a fishway that allows steelhead migration through a complex fish passage barrier beneath two Interstate 5 bridges and three City-owned bridges crossing Trabuco Creek in Orange County,California. The Project Site comprises Trabuco Creek stream channel beneath an array of five bridges consisting of(west to east)Camino Capistrano, Interstate 5 (I-5) southbound, 1-5 northbound, Rancho Viejo Road, and a wooden pedestrian overpass. The stream channel beneath the bridges is present as a concrete flood control channel. The flood control channel consists of twin rectangular channels with centerline V-notches extending into a concrete stilling basin west of Camino Capistrano, downstream through a grouted riprap channel, terminating in a grouted apron drop of—2 feet into a boulder cluster and more natural soft-bottom channel. The project site extends from 1200 feet downstream of the lower grouted apron drop below Camino Capistrano, through the flood control channel of 1254 feet, to 1200 feet upstream of the pedestrian bridge east of Rancho Viejo Road above 1-5, a distance of approx. 0.70 miles or 3654 feet. The project provides for technical studies and engineering design to develop a preferred alternative to the 65%design level. Upon selection and review of the preferred fish passage design alternative, Landowner will be engaged to consider entering into a ten year landowner agreement that will be project specific. II. ACCESS PERMISSION Landowner hereby grants CalTrout, Trout Unlimited, CDFW,and NOAA Fisheries representatives,project stakeholders such as Orange County Flood Control District and Caltrans, and project contractors permission to enter onto real property owned by the Landowner, depicted in Exhibit A, to perform project evaluation, take measurements that do not physically disturb the site, and take photo documentation. Access shall be limited to those portions of Landowner's real property where actual restoration or monitoring work is proposed to be performed and those additional portions of real property that must be traversed to gain access to the work site.The applicant will contact the Landowner at least 72 hours prior to any visit. At no time will CDFW or NOAA Fisheries representatives access the property without the applicant unless expressively given permission by the Landowner. III.DURATION OF NOTICE The term of this agreement shall commence upon signing of this Agreement and terminate on December 31,2027. IV.LIABILITIES Reasonable precautions will be exercised by CalTrout to avoid damage to persons and property. CalTrout agrees to indemnify and hold harmless the Landowner and agrees to pay for reasonable damages proximately caused by reason of the uses authorized by this agreement,except those caused by the gross negligence or intentional misconduct of the Landowner.A copy of CalTrout insurance has been provided to the City of San Juan Capistrano. Attachment: Exhibit A—Landowner Property to be Accessed 1 l ca l(� a dor slum Date /614tx C' .. , /4 440,Sam 54"Coy Ava.v,car 0 75 (944) 413-117 I Landowner dress Landowner Phone Number California Trout 1 ' 2-i Applica i Signature(N..m- of organization) Date 4� ‘s,,,•:,., �ina'Rd ' } d�0 Ct ► / .,5, t 4, :.' 4 e _ �e}�. � ti '';..,',2`.. ,Ski f N.4. ' ..5, 7 / t :, Q,o .r �. 9 11/4r P ss,on 4rS Roo tA '' w.• 144 IF..� �A 44 _ .. by ii • .• A A Q �.`. 9 Rd"'. 1 0 SO E -009 j1 1k . E _- , © A . 4 e, , .... ,,, , ACCESS AGREEMENT—EXHIBIT A City of San Juan Capistrano owned parcels outlined in blue Trabuco Creek shown in yellow