Wes.

COOPERATIVE MANAGEMENT AGREEMENT FOR SANTA ANA RIVER

WE'T' LANDS ENHANCEMENT PROJECT

This Agreement, made and entered into this 16th day of Nov ,1993, by and between
the County of Riverside, a political subdivision of the State of California hereinafter

referred to as County, and the City of Riverside, a municipal corporation, hereinafter

referred to as City.

WITNESSETH:

WHEREAS, the State of California Department of Fish and Game ( State) has

acquired certain real property in the County of Riverside which is managed by the Riverside County Regional Park and Open Space District (District) for the purposes of preserving fish and wildlife habitat and providing appropriate public uses thereof; and
WHEREAS, the land acquired by the State has been identified as Hidden Valley
Wildlife Area ( I-IVWA);
and

WHEREAS, State and County have entered into an agreement dated May 28, 1974 whereby the District will operate and maintain said property as a wildlife area and provide
for recreational uses related thereto; and

WHEREAS, City desires to restore certain wetland habitat in portions of the HVWA
and to evaluate

and utilize wetlands as a waste water treatment process for nitrogen

removal and as a means of ground water recharge through percolation; and

WHEREAS, County has determined that City' s proposed wetlands project enhances
the specific wildlife area management objective of encouraging compatible use of the

HVWA area as an outdoor laboratory by governmental agencies and conservation

organizations.

NOW THEREFORE, the parties hereto, for and in consideration of the covenants,

agreements and stipulations hereinafter expressed do hereby mutually agree as follows:

1.

PREMISES:

The HVWA shall consist of the property described by deed

dated September 5, 1973, from the SAVI Development Co:, Inc., and Document No. 37896,

recorded in book 1974, page 37896, Official Records of Riverside County; and the additional
property described in that deed dated December 24, 1974, from the Santa Ana River Development Company, recorded in book 1974, page 162112 and that deed dated August

29, 1975, from the Santa Ana River Development Company, recorded in Book 1975, page 105953, Official Records of Riverside County.

2.

STATE RESERVATION OF RIGHTS:

The State has reserved the right to

review and approve development plans and proposed uses to determine concurrence with

the general objectives of said HVWA area and the statutory requirements of the Wildlife
Conservation Board. 3.

STATE /COUNTY AGREEMENTS:

This Agreement is subject to that

certain Agreement between State of California, Department of Fish and Game and the

County of Riverside for the "Operation and Maintenance of Hidden Valley Wildlife Area"
entered into on May 28, 1974, and Amendment 1, dated October 21, 1975, copies of which are attached hereto and by this reference made a part of this Agreement as Exhibit A.
4.

HIDDEN VALLEY WILDLIFE AREA MANAGEMENT PLAN:

This

Agreement is further subject to the Riverside County Parks Department's Hidden Valley
Wildlife Area Management Plan, dated November 1977 a copy of which is attached hereto

and by this reference made a part of this Agreement as Exhibit B.

5.
a.

COUNTY RESPONSIBILITIES:

County will provide City approximately 70 acres more or less in the HVWA
for the restoration of habitat and to provide a wetlands treatment process for
Nitrogen removal and ground water recharge.

The County shall provide a

continuing level of maintenance for HVWA according to current practice as identified in Exhibit C attached hereto and by reference made a part of this
Agreement.

b.

Maintain roads and trails in HVWA according to the current conditions and
practices. (

Exhibit C)

C.

Provide services as routine security and patrols by the ranger in HVWA.

Equivalent to two full time positions to provide both security /maintenance

services ( Exhibit Q.
d.

and;

Provide environmental education program featuring a wildlife area. ( Exhibit

C & E)

6.

CITY

RESPONSIBILITIES:

City understands that 23 ponds exist as

identified in the site map contained in the HVWA Project Report dated July 1993, a copy
of which is attached hereto as Exhibit D and by reference made a part of this Agreement.

All or part of the ponds may be utilized at the City's cost and expense, at no cost to County,
and only with County's approval. City will;
a.

Improve existing wetlands within HVWA. (

Restore wetlands in the HVWA.

Exhibit D)

b.

Such restoration shall generally entail

cleaning, rebuilding of ponds and removal of exotic plant species. Such creation of wetland shall generally entail use of native plant species, varied

depth of ponds, building dikes, islands, etc. ( Exhibit

D)

C.

Build and maintain the ponds identified in Exhibit D.

d.

Upgrade the existing parking areas and main road into the area identified in
the Project Description and in accordance with the Management Plan.
Exhibits D and B)

e.

Construct hiking, equestrian trails in accordance with layout and

design in Project Description and in accordance with the Management Plan.
Exhibits D and B)

Provide the funding for the costs described in Exhibit E attached hereto and by this reference made a part of this Agreement.
FEES /CHARGES:

7.

All charges, fees, collections, and revenues derived by

the County from the operations permitted hereunder shall be used by the County solely for
the operation, maintenance, and development of said HVWA in accordance with the purposes herein expressed and with the Agreement with the State of California.

Prior to any restoration activities, the City shall prepare an appropriate environmental document comparable to that required by the California Environmental Quality Act to the extent required by the National Environmental
8. ENVIRONMENTAL REVIEW:

Quality Act and other applicable federal and State laws.

9.

HIDDEN VALLEY WILDLIFE AREA:

All improvements constructed in

and upon HVWA area premises shall become part of the realty; title to said improvements
shall vest in State as defined within the State and County agreements.

During the term of this Agreement, the City, at no cost or expense to County, shall provide for upkeep and maintenance of any and all the ponds placed in service. The dikes, trails and all City installed improvements of any kind which
10.
MAINTENANCE:

may be erected, installed, or placed thereon will be kept in a safe, good condition, and in
substantial repair.

11.

SUSTAINABILITY:

The City has committed resources to the maintenance

of the 70 acre project. 10, 000 acre ft /year.

12.

The quantity of water delivered to the HVWA will be no less than

The General Manager of the District is

COUNTY' S REPRESENTATIVE:

the County's representative for administration of this Agreement and manages the HVWA
for the County.

The General Manager is the City's initial contact with County for
The City' s

information, Agreement coordination, and any problems which might arise.

purposes.

Wastewater Systems Manager will be the County' s initial contact with the City for such

91

13.

HOLD HARMLESS:
Uncontrollable Forces:

a.

Neither party shall be considered to be in default in

performance of its obligations under this Agreement if prevented from

fulfilling such obligation by reason of an uncontrollable force. The term uncontrollable force" means any cause beyond the control of the Party affected, including by not restricted to, failure of or threat of failure of
facilities, flood, earthquake, storm, fire, lightning, epidemic, and other natural
catastrophes, war, riot, airplane crash, civil disturbance or disobedience, strike,

labor dispute, labor or material shortage, sabotage, restraint by court order or public authority, and action or non action by or failure to obtain necessary authorizations or approvals from any governmental agency or authority. An

uncontrollable force" must be a force which by exercise of due diligence the affected Party could not reasonably have been expected to avoid and which,

by exercise of due of due diligence, it shall not be able to overcome. No Party shall, however, be relieved of liability for failure of performance if such failure is due to causes arising out of its own negligence or is due to
removable or remediable causes which it fails to remove or remedy with
reasonable dispatch.

Nothing contained herein shall be construed to require

a Party to settle any strike or labor dispute in which it may be involved. Any Party rendered unable to fulfill any of its obligations under this Agreement by reason of an uncontrollable force shall give prompt written notice of such
fact to the other Party and shall exercise due diligence to remove such inability with all reasonable dispatch.
b.
Indemnification:

Each Party will, to the extent allowed by law, defend and

indemnify the other Party against liability, loss, costs and expenses on account of injury or damage to third persons or their property arising out of the performance or non- performance of such Party' s obligations and duties under

this Agreement, unless such injury or damage resulted in whole or part from
the negligence or willful action of the other Party; provided, however, that

each Party shall be solely responsible for the payment of claims to its
employees and agents for injuries occurring in connection with their

employment or arising out of any Workers' Compensation Law. Neither Party

shall be liable to the other for consequential damages.

The failure of County or the City to insist upon strict performance of any of the terms, conditions and covenants in this Agreement shall not be deemed a waiver of any right or remedy for a subsequent breach or default of the terms,
14.

WAIVER OF RIGHTS:

This Agreement will be governed by and construed according to applicable California law. By executing this Agreement, no party waives or limits any right or immunity that it may have under such law.
conditions and covenants herein contained.
15.

PARTIAL INVALIDITY:

If any term, covenant, condition, or provision of

this Agreement is held by a Court of competent jurisdiction to be invalid, void or

unenforceable, the remainder of the provisions hereof shall remain in full force and effect

and shall in no way be affected, impaired, or invalidated thereby.

El

This Agreement shall be for the term commencing with the date hereof and ending May 27, 2024. The term of this Agreement may be extended by mutual agreement of County, City and State.
16.
TERM:

17.

TERMINATION:

In the event of a breach of the contract on the part of

either Party, written notice of such fact shall be given to the Party in breach who then shall
commence in good faith to remedy the same within the time period herein provided and

thereafter diligently prosecute the same to conclusion_ In the event the Party in breach fails

to remedy the breach timely, the other Party may terminate this Agreement. The notice herein provided shall be a ninety ( 90) day notice in all cases, except in those situations

where an emergency exists, in which case the period of the notice shall be reasonable in
view of the extent of the emergency. In the event that State or Federal Regulatory Agencies
disallow HVWA as a treatment process or preclude the use due to more stringent discharge

limits, the City may elect to terminate this Agreement by giving written notice of intent to
terminate to County at least one ( 1) year prior to the effective date of such a termination.
Any formal notice, demand, or request provided for in this Agreement, or given or made in connection with this Agreement, shall be in writing and
18. Notices:

shall be deemed properly given, or made if delivered in person or telegraphed or sent by

registered mail, postage prepaid, to the Parties as set forth below:
COUNTY

CITY

Riverside County Regional Park

and Open Space District 4600 Crestmore Road P. O. Box 3507
Riverside, Ca 92519 -3507
19.

City of Riverside Regional Water Quality Control Plant

5950 Acorn Street

Riverside, Ca 92504

During the term of the Agreement, City shall not violate any federal, state or local law, or ordinance or regulation, relating to
TOXIC MATERIALS:

industrial hygiene or to the environmental condition on, under or about the

said 70 acres including, but not limited to, soil and groundwater conditions. Further, City, its successors and assigns, shall not use, generate, manufacture,
produce, store or dispose of on, under or about said 70 acres or transport to

or from said 70 acres any flammable explosives,

asbestos,

radioactive

materials, hazardous wastes, toxic substances or related injurious materials,

whether injurious by themselves or in combination with other materials

collectively, " hazardous materials ").

For the purpose of this Agreement,

hazardous materials shall include, but not be limited to, substances defined
as " hazardous substances," " hazardous materials," or " toxic substances" in the

Comprehensive Environment Response, Compensation and Liability Act of 1980, as amended, 42 U.S. C. Section 9601, et seq.: the Hazardous Materials
Transportation Act,

49

U.S. C.

Section

1801,

et

seq.;

the

Resource
and those

Conservation and Recovery Act, 42 U.S. C. Section 6901, et seq.;

substances defined as " hazardous wastes" in Section 25117 of the California

Health and Safety Code or as " hazardous substances' in Section 25316 of the

California Health and Safety Code; and in the regulations adopted in

publications promulgated pursuant to said laws.

20.

AGREEMENT IN WRITING:

This Agreement contains and embraces the

entire Agreement between the parties hereto and neither it nor any part of it may be changed, altered, modified, limited, or extended oraily, or by any agreement between the parties unless such agreement be expressed in writing, signed, and acknowledged by the County and City, or their successors in interest.

j..

COUNTY OF RIVERSIDES

Chairman, Board of Supervisors Pceiricia A. Lamm

ATTEST: ///

U**

GERALD A. MALONEY, CLERK OF THE BOARD

y
Seal]

CITY OF RIVERSIDE

BY:

ATTEST"
Y
7- 1

By: Karen Lindquist, City Clqrk

IN

FIRST COOPERATIVE MANAGEMENT

AMENDMENT AGREEMENT

TO FOR SANTA ANA RIVER

2
3

WETLANDS

ENHANCEMENT

PROJECT

This

FIRST AMENDMENT October,

a political

is

made

and

entered

into

this

day of
OF RIVERSIDE,

25,

1994 by and between the COUNTY

of the State of

subdivision

6
7

California,

hereinafter
a

referred

to

as "

County ",

and

the

CITY

OF

RIVERSIDE,

municipal

corporation,

hereinafter

referred

to

as "

City ".
WITNESSETH:

9
10
I

WHEREAS
COOPERATIVE

the

parties

entered

into

that

certain
RIVER

11

MANAGEMENT

AGREEMENT

FOR

SANTA

ANA

12

WETLANDS

ENHANCEMENT

PROJECT"

dated November

16,

1993 ( "

the

13

Agreement ")

pursuant to which City is undertaking certain

restoration work in portions of the Hidden

14

wetland

habitat

15

Valley Wildlife Area to determine whether the wetlands will

serve as an effective
ground

16

means
water

for waste
recharge

water nitrogen

17.

treatment

and

processes ( " the

18'

Project ");

and

19

WHEREAS set forth are

the

revisions required

to as

the

Agreement of

hereinafter the Project' s

20

either

conditions

21

State Department of Fish and Game 1600 and Army Corps of

Engineers 404 permits,

22

or mutually believed by the parties to

interest for the Project;

23

be

in the

best public

24

NOW,

WHEREFORE,

County and City mutually agree that

25

the Agreement is hereby amended as follows:

1. Subsections "
e.", "

26I
27

f.", "

g."

and "

h."

are hereby

added

to

Section

to

read

as

follows:

11
City Attorney' s Office
3900 Main Street

Riverside, CA 92522 909) 782 -5567

F: \ WPDATA \ AGR \ 94175201. RS

1"

County, through the District, available to City, without charge,

e.

shall

make

wetlands

2 3

plants for vegetation of the newly restored

ponds
1994.

through

5,

as

described

in

the

Project plans and specifications dated July

County shall make plants available
ponds within the HVWA, the Rubidoux

for

City harvesting from adjacent bluff ponds,

other

Nature Center and the County Park

Headquarters.

f.
7

County,

through

the

District,

shall

provide

design

services

for the

new entrance

signage to be provided by City.

8

g.
9(

County shall cause the Nature Center

the Duck Club)

formerly,
The
possible,

to be

be

restored.
when

restoration

work

shall

performed,

10

by in -house forces and shall

replacement, HVAC system and restrooms improvements.
costs,

11

include roof installation

restoration

Because City will participate in the

12

as

hereinafter provided, 150 square feet of

County shall provide City timely cost

13
summaries,

minimum of

working space in the building for City

14

personnel during construction and a minimum

of 150 square feet of Project space within

15

16

the building upon completion of construction. The building shall serve as the interpretive center for City' s Pollution Prevention Public Education Program as well as County' s Park
Interpretive Center.

17

18 "

h.

County,

provide
19

through the District, shall Arundo removal services and

revegetation

assistance

as

described
1994,

in

the
copy
as

20

District' s letter dated July 7, a of which is attached hereto and by this

reference made a part of this Agreement Exhibit F."

21
22

2.

Subsection "

e."

of

Section

is

deleted:

City is

23

not required to construct or maintain any pedestrian hiking

or equestrian 3. trails as part of the Project.

24

25
26

Subsections "

g.", "

h.", "

i.", " j."

and "

k."

are

hereby added to Section 6 to read as follows:

27

City Attorney' s Office

3900 Main Street Riverside, CA 92522 909) 782 5567

2-

F: \ WPDATA \ AGR \ 94175201. RS

City shall assume all responsibility for g. harvesting, transporting and planting the
wetlands plants which County makes
to it pursuant
with

available
in
and

to

Subsection
the Project

5e

above

accordance

plans

specifications dated July 1994.

4

h.
5
and

City shall provide all Project brochures

signage,

including the new entrance signage to be designed by County pursuant to

Subsection 5f above, and shall approve the

6
7

design for Wetlands Enhancement activity

information.
i. City shall participate in the Nature Center restoration work performed by County

8
9
8

pursuant
amount

to Subsection 5g above
20, 000,

to a maximum

of $

and

shall

promptly review

10

all cost summaries submitted to it by County.

11

j.
and

City' s improvements to the parking areas

roads,

as

contained

in

the

Project

12
t

description,

shall include landscaping at the

in accordance with the plans

Nature
13

Center

provided by City' s Engineer.

14

City shall have no responsibility to construct any duck blinds as part of the
Project."

k.

15

16

4.

Section 10 is revised in its entirety to read as

17

follows:
1110. MAINTENANCE:

18

During the term of this

no cost or expense to

Agreement, 19 20

City,

at

County, shall provide for upkeep and maintenance of any and all of the ponds placed in service. The dikes and all City installed improvements of any kind which may
be in erected,

21

shall
22
i

be

installed, or placed thereon kept in a safe, good condition,

repair.
the

and

substantial
of

City' s maintenance
shall also include
of

obligations
23

hereunder permit
permit

the
Fish

requirements

State

Department

and Game
24

1600
the
as

provisions
and plan

for a
upon

maintenance work plan as finally approved.

Copies of shall,

25
26

their

finalization,

be

incorporated

into

this

Agreement

exhibits."

27

City Attorney' s Office

3900 Main Street Riverside, CA 92522
909) 782 5567

3-

F: \ WPDATA \ AGR \ 94175201. RS

5.

Section 12

is revised in its entirety to read as

follows:
2 G
1112.

PARTIES'

REPRESENTATIVES:

The

3
4

District' s General Manager shall be County' s

representative
Agreement

for
is

administration of
of the HVWA.

this
The

and management

General
5

Manager

the

initial
and

contact

person

for County and District information,

Agreement coordination dispute resolution
purposes.

6
7

City' s Wastewater Systems Manager

of this Agreement and
Wastewater

shall be City' s representative for

administration

management of City' s
8

Project.

The

Systems Manager shall be the initial contact person for those same purposes on behalf of

9
10

City.

These

representatives

shall

meet

at

least annually to coordinate the activities in the Project area and the HVWA generally."
All of the terms and provisions of the Agreement not

11

12

expressly amended hereby are incorporated herein by this

reference and remain in effect the between parties the parties. have caused

13

14

IN WITNESS

WHEREOF

hereto

15

this First Amendment to be duly executed on the day and year

first
CITY

16

above
OF

written.
a

17

RIVERSIDE,

COUNTY

OF

RIVERSIDE

i
L
18

municipal

corporation

By ,
19

fir

cif,

yrX .

By ,
C
a Board an,

City Manager

20 Attest:
21

Supervisors

KAY cEri

ERO

Attest:

22

fi
q

23

City Clerk

24 25 I .
i

Ift

APPROVED

AS

TO

FORM:

COUNTY
26 27{

COUNSEL

By
J

Assistant
RAS / sb

City Attorney

City Attorney' s Office 9 / 13 / 9 4

3900 Main Street Riverside, CA 92522 909) 782 -5567

F: \

WPDATA \ AGR \ 94175201. RS