City County Deal

8/12/2019 City County Deal

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COOPERATIVE MANAGEMENT AGREEMENT FOR SANTA ANA RIVER WE'T ' LANDS ENHANCEMENT PROJECT

This Agreement, m ad e a nd entered into this 16 th day of Nov ,1993, by and betweenthe County of Riverside, a political subdivision of the State of California hereinafterreferred to a s County, and the City of Riverside, a municipal corporat ion, hereinafterreferred to as City.

WITNESSETH:

WHEREAS, the State of California Department of Fish and Game ( State) hasacquired certain real p rope rty in the County of Rive rs ide wh ich is managed by the Rivers ideCounty Regional Park and Open Space District (District) for the purposes of preserv ing f ishand wildlife habitat and providing appropriate public uses thereof; and

WHEREAS, the land acquired by the S ta te ha s been identified as Hidden ValleyWldlife Area ( I-IVWA); and

WHEREAS, State and County have entered into an a gre em en t d a te d M a y 28, 1974w h ere by th e District will operate and maintain said property as a wildlife a rea a nd providefor recreational uses related thereto; and

WHEREAS, City desires to restore certain wetland habitat in portions of the HVWAand to evaluate and utilize wetlands as a waste water treatment process for nitrogenremoval and as a means ofground water recharge through percolation; and

WHEREAS, County has determined that City' s proposed wetlands project enhancesthe specific wldlife area management objective of encouraging compatible use of theHVWA area as an outdoor laboratory by governmental agencies and conservationorganzations.

NOWTHEREFORE, the parties hereto, for and in consideration of the covenants,ag reem ents and stipulations hereinafter e xp re ss ed d o hereby mutually agree as follows:

1. PREMISES: The HVWA shall consist of th e property described by deeddated September 5, 1973, from the SAVI Development Co:, Inc., and Document No. 37896,recorded in book 1974, page 3 7 8 9 6 , Official Records of Riverside County; and th e additionalproperty described in that deed dated December 24, 1974, from the Santa Ana RiverDevelopment Company, recorded in book 1974, page 162112 and that deed dated August29, 1975, from th e Santa Ana River Development Company, re co r ded in Book 1975, page105953 , Official Records of Riverside County.

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2. STATE RESERVATION OF RIGHTS: The State has reserved the right toreview and approve development pla ns a nd proposed uses to determine concurrence withthe general ob jectives o f said HVWA a rea a nd the statutory requirements o f the WildlifeConservation Board.

3. STATE /COUNTY AGREEMENTS: This Agreement is subject to thatcertain Agreement between State of California, Department of Fish and Ga me and theC o u n t y o f R i v e r s i d e fo r t h e Operation a n d M a i n t e n a n c e o f Hidden Valley W ildlife Areaentered into o n Ma y 2 8 , 1 9 7 4 , and Amendment 1 , dated October 2 1 , 1 9 7 5 , copies o f whichare attached hereto and b y this reference made a part o f this Agreement a s Exhibit A.4. HIDDEN VALLEY WILDLIFE AREA MANAGEMENT PLAN: ThisAgreement is further subject to the Rivers ide County Parks Department' s Hidden Val leyWildlife Area Management Plan, dated N o v e m b e r 1977 a copy of which i s attached hereto

and by this reference made a part o f this Agreement a s Exhibi t B .5. COUNTY RESPONSIBILITIES:a. County will prov ide City approximately 7 0 a c r e s more o r l e s s in the H V W Afor th e restoration of habitat and to provide a wetlands treatment process for

Nitrogen removal and ground water recharge. The County shall provide acontinuing level of maintenance for HVWA according to current practice a sidentified in Exhibit C a tta ch ed hereto and by reference made a part of thisAgreement.

b. Maintain roads and trails in HVWA according to the current conditions andpractices. (Exhibit C)

C. Provide services a s routine security and patrols by the ranger in HVWA.Equivalent to two full -ime positions to provide both security /maintenanceservices ( Exhibit Q. and

d. Provide environmental education program featuring a wildlife area. (ExhibitC & E)

6. CITY RESPONSIBILITIES: City understands that 23 ponds exist a sidentif ied in the site ma p contained in the HVWA Project Report dated July 1 9 9 3 , a copyo f which is attached hereto a s Exhibit D and by reference made a part o f this Agreement.All o r part o f the ponds may be utilized at the City' s cost and expense, at no cost to County,and on ly with County's approval. City will;

a. Improve existing wetlands within HVWA. ( Exhibit D)b. Restore wetlands in the HVWA. Such restoration shall generally entail

cleaning, rebuilding of ponds and removal of exotic plant species. Suchcreation of wetland shall generally entail use of native plant species, varieddepth of ponds, building dikes, islands, etc. ( Exhibit D)

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C. Build and maintain the ponds identified in Exhibit D.d. Upgrade the existing parking a r e a s and main road into the area identified inthe Project Description and in accordance with the Management Plan.

Exhibits D and B)e. Construct hiking, equestrian trails in accordance with layout anddesign in Project Description and in accordance with the Management Plan.

Exhibits D and B)

L Provide the funding fo r the costs described in Exhibit E attached hereto andby this reference made a part o f this Agreement.7. FEES /CHARGES: All charges, fees, collections, a nd re v en ue s derived byt h e County from t h e operations permitted hereunder shall b e u s e d b y the County s o l e l y fo rthe operation, maintenance, and development of said HVWA in accordance with th e

purposes herein exp ressed and with th e Agreement with the State of California.8. ENVIRONMENTALREVIEW: Prior to any restorat io n activ i t ies, the Cityshal l prepare an appropria te env i ro nmenta l document compa rab le to tha t required by theCal ifo rnia Enviro nmental Qual ity Act to the extent required b y the Nat iona l EnvironmentalQuality Act and other applicable federal and State laws.9. HIDDEN VALLEY WILDLIFE AREA: All improvements constructed inand upon HVWA a re a pre mis es s ha ll b eco m e part of the realty; title to said improvements

shall ves t in State as defined within the S ta te a nd County agreements.10. MAINTENANCE: During the term o f this Agreement, the City, at no costo r expense to County, shall prov ide for upkeep and maintenance o f any and a ll the ponds

placed in service. The dikes, trails and all City instal led improvements o f any kind whichm a y b e e r e c t e d , installed, or p l a c e d thereon will b e kept in a s a f e , g o o d condition, a n d i nsubstantiarepar.11. SUSTAINABILITY: The City ha s committed resources to the maintenance

of the 70 acre project. The quantity o f water delivered to the HVWAwill be no l e s s than1 0 , 000 acre ft /year.

12. COUNTY'S REPRESENTATIVE: The General Manager of the District isthe County' s representative fo r administration o f this Agreement a n d m a n a g e s the H V W Afor th e County. The General Manager is the City' s initial contact with County fo rinformation, Agreement coordination, and any problems which might arise. The City' sW astewater Systems Manager will be the County' s initial contact with the C ity fo r suchpurposes.

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13. HOLD HARMLESS:

a. Uncontrollable Forces: Neither party shal l be considered to be in default inperformance of its obligations under this Agreement if prevented fromfulfilling such ob l igat ion by reason of an uncontro l lab le force. The termuncontrollable force means any cause b eyo nd the control of the Pa rtyaffected, including by no t restric ted to , fai lure of o r threa t of failure offacilities, flood, earthquake, storm, fire, lightning, epidemic, and other naturalcatastrophes, war, riot,airplane crash, civil disturbance ordisobedience, strike,

labor dispute, labor or material shortage sabotage, restraint b y court orderor public authority, and action or no n -action b y or failure to obtain necessaryauthorizations or approva ls from any governmental agency or authority. Anuncontro l lable force must b e a force which by exercise of due diligence thea ffe cte d Pa rty c ould n o t rea so n ab ly h av e b een expected to avo id and which,by exercise of due o f due diligence, it sha ll no t be able to overcome. NoParty shall , however, be relieved o f liability fo r fa ilu re o f performance if suchfailure i s due to causes arising o ut o f its o wn negligence o r i s due toremovable or remediable causes which it fails to remove or remedy withreasonable dispatch. Nothing con ta in ed herein shal l be construed to requirea Party to settle any strike o r l abo r d ispute in which it ma y be invo lved. AnyP arty rendered unab le to fulfill any of its ob l iga tions under this Agreementby reason of an uncontrol lable fo r ce sha ll give prompt written notice of suchfact to the other Party and shal l exercise due diligence to remove suchinability with all reasonab le dispatch.

b. Indemnification: Each Party will, to the extent al lowed by law, defend andindemnify the other Party against liability, loss, costs and expenses o n a cco u ntof injury or dama ge to third persons or their property arising out of th eperformance o r non- performance of such Party' s obl igat ions and duties underthis Agreement, unless such injury o r damage resulted in w ho le o r part f romthe negligence or willful action of th e other Party; provided, however, thateach Party shall be solely responsible fo r the payment o f claims to itsemployees and agents for injuries occurring in connection with theiremployment o r arising o ut of any W o rkers ' Compensa tion Law. N either Partyshall be liable to the other for consequential damages.

14. WAIVER OF RIGHTS: The failure of Co unty o r the City to insist uponstrict performance of any of the terms, condit ions and co ve na nts in th is Agreement shall no tbe deemed a wa ive r of any right o r remedy for a subsequent breach or defaul t of the terms,conditions and covenants herein contained. This Agreement will be governed by andconstrued according to applicable California law. B y executing this Agreement, no partywaives o r limits any right or immunity that it may have under such l aw.

15. PARTIAL INVALIDITY: If any term, covenant, condition, or provision ofthis Agreement is held b y a Court of competent jurisdiction to be invalid, void orunenforceable, the remainder of the provisions hereof shall remain in ful force and effectand shal l in no w ay be affected, impaired, or invalidated thereby.

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16. TERM: This Agreement shal l be for the term commencing with the d atehereof and ending May 27, 2024 . The term of this Agreement may be extended by mutualagreement of County, City and State.

17. TERMNATON In the event of a breach of the contract on the part ofeither Party, written notice o f s u c h fact shall b e given to the Party in breach who then shallcommence in g ood faith to remedy the same within the tim e perio d h ere in prov ided andthereafter diligently prosecute the s a m e to conclusion_ In the event the Party in breach failsto remedy th e breach timely, the other Party may terminate this Agreement. The noticeherein provided shall be a ninety ( 90 ) day notice in a ll cases, except in those situationswhere a n emergency e x i s t s , in which c a s e the period o f the no tice sha ll be reasonable inview of the extent o f the emergency. In the event that State o r Federal Regulatory Agenciesdisallow HVWA as a treatment process or preclude the use due to more stringent dischargelimits, the City may elect to terminate this Agreement b y giving written notice o f intent toterminate to County at least one ( 1 year prior to the effective date o f such a termination.

18. Notices: Any formal notice, demand, or request provided for in thisAgreement, or given or made in connection with this Agreement, shall be in writing andshall be deemed properly given, o r made if delive red in person o r telegraphed o r sent byregistered mail, postage prepaid, to the Parties as set forth below:COUNTY CITY

Riverside County Regional Park City of Riv e rs ide Regiona land Open Space District Water Quality Control Plant4600 Crestmore Road 5950 Acorn StreetP.O. Box 3507 Riverside, Ca 92504Riverside, Ca 92519 -3507

19. TOXIC MATERIALS: During the term of the Agreement, City sha ll no tv io late any federal, state o r l oca l law, o r ordinance o r regulation, relating toindustrial hygiene or to the environmental condition on, under or about thesaid 70 acres including, but not limited to, soil and groundwater conditions.Further, City, it s successors and assigns, shall not use, generate, manufacture,produce, store or dispose of on, under or about said 70 acres or transport toor from said 70 acres any f lammable explosives, asbestos radoactivematerials, hazardous wastes toxic substances or related injurious materials,whether in jur ious b y them selv es o r in combinat ion with o ther materialscollectively, hazardous materials ). For the purpose of this Agreement,hazardous materials shall include, but not b e limited to, substances defined

as hazardous substances, hazardous materials, or toxic substances in theComprehensive Environment Response, Compensation and Liability Act of19 80 , as amended, 4 2 U.S. C. Section 9601, et seq.: the Hazardous MaterialsTransportation Act, 49 U.S. C. Section 1801, et seq.; the ResourceConservat ion and Recovery Act, 42 U . S . C. Section 6901, et seq.; and those

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substances defined as hazardous wastes in Section 25117 of the CaliforniaHealth and Safety Code or as hazardous substances' in Section 2 5 3 1 6 of theCalifornia Health and S afety Code; and in the regulations adopted inpublications promugated pursuant to said laws.

20. AGREEMENT IN WRITING: This Agreement contains and embraces theentire Agreement between the parties hereto and neither it nor any part of it may bechanged, altered, modified, limited, or extended oraily, or b y any agreement between th eparties unless such agreement be expressed in writing, signed, and acknowledged b y th eCounty and City, or their successors in interest.


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ATTEST: /// U**GERALD A. MALONEY, CLERK OF THE BOARD

By

Seal]

ATTEST

By: Karen Lindquist, City Clqrk

IN

j..

6COUNTY OF RIVERSIDES C

Chairman, Board of SupervisorsPceiricia A. Lamm

CITY OF RIVERSIDE

BY:

Y7- 1


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1 1Attorney' s OfficeMain Street

CA 92522782 -5567

FIRST AMENDMENT TOCOOPERATIVE MANAGEMENT AGREEMENT FOR SANTA ANA RIVER

WETLANDS ENHANCEMENT PROJECTThsFIRST AMENDMENT ismade and enteredintoths

day of October, 25, 1994 by and between the COUNTYOF RVERSDE a potcasubdvsonotheStateoCafonaherenater reerredto as County , and theCTYOF RVERSDE amncpacopoaion, herenater reerredtoas Cty .

WITNESSETH:

WHEREAS thepartiesenteredintothat certanCOOPERATIVE MANAGEMENT AGREEMENT FOR SANTA ANA RVER

WETLANDS ENHANCEMENT PROJECT datedNovember 16, 1993 ( theAgreement ) pursuant to which City isundertaking certainwelandhabtat restorationwork inportionsof theHddenValley WldifeArea to determine whether the wetlands wllserveas an efectivemeans forwastewaterntrogentreatment andgroundwater rechargeprocesses ( thePoject ); and

WHEREAS therevsonsto theAgreement herenaterse fothareether requredas condtionsof thePoject' sState Department of Fish and Game 1600 and Army Corps ofEngneers 404 permts, or mutually believed by the parties tobe inthebestpubic interest for thePoect;

NOW, WHEREFORE, County and Ctymutually agree thatthe Agreement ishereby amended as follows:

1. Subsections e , f. , g. and h. are herebyadded toSection 5 toreadas folows

F: \ WPDATA \AGR \94175201. RS


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1 e County, through theDstric, shalmakeavalabeto Cty, whou charge weands2 plants for vegetation of the newy restoredponds 1 through 5, as describedinthe3 Project plans and specifications dated July1994. County shal make pantsavalabefor4 City harvesting from adjacent buff ponds,ohepondswthntheHVWA, theRubdoux5 Nature Center and the County ParkHeadquarters.6 f. County, through theDstric,sha7 provdedesgnservcesfor the new enrance

signage to be provided by City.8

g. County shal cause the Nature Center9 ( formerly, theDuck Cub) tobe restored.

The restorationworkshal be performed when10 possbe by in -house forces and shallincuderoof repacement, HVAC system11 instalationand restrooms improvements.

Because Ctywll particpateinthe12 resoaioncosts, as herenaterprovded

County shall provide City timely cost13 summaes, a minimum of 150 squarefeet of

working space in the bulding for City14 personnel during construction and a minimumof 150 squarefeet of Poect space wthn15 the buldngupon completion of construction.The buldngshal serve as the interpreive16 center forCty s PolutionPrevention Public

Education Program as well as County' s Park17 InepeiveCenter.18 h. County, throughtheDstric, shalprovdeArundoremova servcesand19 revegeationassstanceas descrbedintheDstrict' s leterdated Juy 7 , 1994, a copy20 of which is attached hereto and by thsreerencemade apat of thsAgreement as21 Exhbt F.22 2. Subsection e of Section6 isdeeed City is23 not requred to construct or maintain any pedestrian hiking24 oequestrantralsaspat of thePoec.25 3. Subsections g. , h. , i. , j. and k. ae26 hereby added to Section 6 to read as follows:27

Attorney's OfficeMain Street

CA 925225567 2- F: \ WPDATA \AGR \94175201. RS


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Attorney' s OfficeMain Street

rside, CA 92522782 -5567

folows

g. Ctyshall assume al responsblityforharvesting, transportingand pantingthewetlands pantswhich County makes avalabetoitpursuant toSubsection5e above inaccodancewth thePoecpansandspecifications dated July 1994.h. Ctysha provide al Project brochuresandsgnage including the new entrance

signage to be designed by County pursuant toSubsection5 above andshaapprove thedesign forWetlands Enhancement activtyinormation.i.Ctysha particpateinthe NatureCenter restorationwork performed by Countypursuant toSubsection 5g above toa maximumamouno 0, 000, and shal promplyrevewal cost summaries submitted to itby County.j. Ctys improvements to the parking areasandroads, as contanedinthePojectdescipon shall include landscaping at theNatureCenter inaccordancewththepans

provided by City' s Engineer.k. Ctyshall have no responsblitytoconstruct any duck blinds as part of thePoec.

4. Section 10 isrevised initsentireyto read as1110. MAINTENANCE: During the term of thsAgreement, Cty, at nocost oexpensetoCounty, shall provide forupkeep andmaintenance of any and al of the pondspacedinservce The dikes and al Cityinstaledimprovements of any kind which maybe erected instaled, opacedthereonshal be kep ina sae goodcondton, andinsubstantia repar. Ctys maintenanceobigationshereunder shal aso incudetherequrementsof theStateDepartment of Fshand Game 1600 permt provsonsfor amaintenance work plan as finalyapproved.Copesof thepermt andpanshal, upontherfinaizaion be incorporatedintothisAgreement asexhbts.

3- F: \ WPDATA \AGR \ 94175201. RS


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5. Section 12 isrevised in itsentireyto read asfolows1112. PARTIES' REPRESENTATVES TheDstrict' s General Manager shall be County' srepresentativeforadmnstrationof thisAgreement andmanagemen of theHVWA. TheGenera Manager istheintiacontact personforCounty and Dstrict information,Agreemen coordnationand dsputeresoutionpurposes. Cty s Wastewater Systems Managershall be City' s representative foradmnstrationof thsAgreement andmanagement of Cty s Poect. TheWastewaterSystems Manager shal be theintiacontactpersonfor thosesame purposeson behaf ofCty. Theserepesenaivesshamee aleast annually to coordinate the activtiesinthe Project area and the H V W A generally.Alof thetermsandprovsonsof theAgreement not

expressly amended hereby are incorporated herein by thsreerenceand remaninefect between theparties.

INWITNESS WHEREOF thepartieshereo have causedthsFrst Amendment to be duy executed on the day and yearfirstabovewittenCTYOF RVERSDE amncpacopoaionBy , fir cif, yrX .CtyManagerAtest:

I . IftCtyClerk

27{ Assstant CtyAttorneyRAS /sb

Attorney' s Office 9 / 13 / 9 4Main Street

CA 92522

COUNTY OF RVERSDE

By ,Canoardo SupervsorsraKAY cEri EROAtest:

APPROVED AS TO FORM:COUNTY COUNSEL

By J

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