RPVCCA_CC_SR_2011_11_01_04_NCCP_Management_AgmtCITY OF
MEMORANDUM
RANCHO PALOS VERDES
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
HONORABLE MAYOR &CITY COUNCI MEMBERS
JOEL ROJAS,DIRECTOR OF C~MMII6NITY DEVELOPMENT
NOVEMBER 1,2011
UPDATED NCCP PRESERVE MANAGEMENT AGREEMENT
BETWEEN THE CITY AND THE PALOS VERDES PENINSULA
LAND CONSERVANCY (PVPLC)
CAROLYN LEHR,CITY MANAGERq,-fOr-<:.J-
RECOMMENDATION
Authorize the Mayor to sign an updated Management Agreement between the City and
PVPLC which clarifies the current on-going management responsibilities of each party.
BACKGROUND
In 1996,using State and County funds,the City purchased 155-acres of privately owned
land that had previously been approved for residential development.The property,
referred to as the Forrestal Parcel,was purchased for the purpose of conservation since
it contained much state and federally protected habitat.On June 5,2001,the City and
the Palos Verdes Peninsula Land Conservancy (PVPLC)entered into an agreement for
joint management of what was then referred to as the Forrestal Nature Preserve (which
is now part of the greater Palos Verdes Nature Preserve).
In August 2004,the City Council adopted the Rancho Palos Verdes Natural
Communities Conservation Plan (NCCP)which proposed the establishment of a
significant habitat preserve in the City in exchange for allowing 50 years worth of City
projects (and certain private projects)to impact protected habitat on an as needed
basis.The strategy behind the City approved NCCP was to create a Preserve through
the dedication of existing City-owned open space parcels and the acquisition of key
privately owned parcels all of which would be managed by the PVPLC with assistance
by the City and Wildlife agencies.Management of the City's Preserve by the PVPLC
(with financial assistance from the City)was an integral part of the NCCP,since it
avoided the City having to create an endowment to fund ongoing Preserve management
costs as is typically done with other NCCP's in the State.
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Although the NCCP was approved by the City Council in 2004,approval of the NCCP
by the Wildlife Agencies did not immediately occur primarily because the focus turned to
acquiring 462-acres of open space owned by Barry Hon for inclusion into the Preserve.
The open space was eventually purchased by the City in 2005 with the following funds:
$11.5 million from the State,$4 million from the PVPLC,$1 million from LA County,
$400K from the City of RPV and $100K from CSU Dominguez Hills.
Subsequent to the 2005 acquisition,attention focused on obtaining the necessary State
funding to acquire the Upper Filiorum open space from York Long Point Associates.
Although final NCCP approval had not been obtained from the Wildlife Agencies,it was
believed that the City's position for obtaining acquisition funds would be enhanced by
initiating active management of the Preserve properties. As a result,in December 2005,
the City Council approved an amendment to the 2001 Forrestal Reserve Management
Agreement between the City and the PVPLC to expand the PVPLC's management
responsiQilities to include all the Preserve properties that made up the NCCP Preserve
at that time (now referred to as the Palos Verdes Nature Preserve).As such,the
PVPLC has been managing the City's Nature Preserve with financial assistance from
the City in accordance with the City-approved NCCP since January 2006.
In 2009,the City's efforts to acquire the Upper Filiorum open space culminated in the
acquisition of 190 acres of additional Preserve land.This additional open space was
purchased with the following funds:$5.5 million from the State,$600K from the City of
RPV and $400K from the PVPLC.Since this acquisition completed the City's NCCP
Preserve,focus shifted back to updating and completing the final NCCP.The updated
draft NCCP is currently undergoing its final review by the State and Federal wildlife
agencies.Staff anticipates completion of the Final NCCP sometime in 2012.
Since the City and PVPLC have been formally managing the Preserve for almost 5
years and the 1400-acre NCCP Preserve has been completed,City and PVPLC Staff
mutually acknowledge the need to have a more detailed stand-alone management
agreement in place.Furthermore,since the Preserve management responsibilities
dictated by the NCCP are shared by the PVPLC and City,successful Preserve
management necessitates mutual coordination and communication between the City
and PVPLC.As such,both PVPLC and City Staff agree that a more detailed agreement
between the City and PVPLC is needed to memorialize the different tasks,
responsibilities and procedures currently employed in managing the Preserve.The
agreement has been prepared by the City and the PVPLC,and the City Council is being
asked to approve the agreement and authorize the Mayor to execute the attached
Management Agreement.
DISCUSSION
According to the NCCP,the PVPLC is the City's Habitat Manager for the NCCP
Preserve.In this role,the PVPLC is responsible for completing specific habitat
management and monitoring tasks within the entire Preserve to the satisfaction of the
City and the state and federal wildlife agencies.The NCCP also delegates various
other responsibilities for overall Preserve management to the City and the PVPLC.As a
result,the City and PVPLC each have major responsibilities for managing the Preserve,
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as described below:
PVPLC Areas of Responsibility
1.Habitat restoration (5 acres every year),habitat enhancement (invasive plant
removal)and habitat monitoring (annual reports).
2.Maintenance of unimproved trails and trail signage on an as needed basis.
3.Fuel modification for fire prevention purposes on PVPLC-owned lands in the
Preserve.
4.Maintenance of any improvements installed by the PVPLC in the Preserve.
City of RPV Areas of Responsibility
1.Waste management on as needed basis.
2.Public safety (Ranger patrols)and City signage maintenance.
3.Maintenance of any roads (Burma Road)and trails that are improved with a
particular surface (asphalt,cement or decomposed granite)or required tread
width.
4.Fuel Modification for fire prevention purposes on City owned lands
Although the current management agreement between the City and PVPLC dictates the
basic responsibilities of the PVPLC as Preserve Manager,it lacks details on specific
tasks.It also does not address the funding commitments of the City and PVPLC as
stipulated in the approved NCCP,and it does not address the City's responsibilities.
Part of the rationale for drafting a new agreement is to rectify these deficiencies.In
addition,as noted earlier,the current Preserve Management Agreement is structured as
an amendment to the 2001 Forrestal Management Agreement between the City and
PVPLC.Since 2005,the City Council has approved 3 additional amendments to the
original Forrestal Agreement to address Preserve management issues that have arisen.
Thus,another reason for drafting a new Agreement is to have a stand alone agreement
that encompasses all of the previous City Council approved amendments.
With these objectives in mind,a new Agreement was drafted with input from the City's
Community Development Department,Public Works Department,Recreation and Parks
Department and City Manager's office.In addition,the draft Agreement was reviewed,
revised and approved by the City Attorney.With regards to the PVPLC,the draft
Agreement was drafted with input from PVPLC Staff and their legal counsel.The Draft
Agreement being presented to the Council this evening was approved by the PVPLC
Board on October 26,2011.
Attached for the Council's review and approval is the new Management Agreement.
Provided below is a summary of the main sections of the agreement.
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Financial Obligations -Section 1 of the Agreement describes the cash and in-kind
service contributions that the City and the PVPLC are already obligated to contribute
towards the management of the Preserve on an annual basis pursuant to the 2004
NCCP.The financial obligations have been met by both the City and PVPLC on annual
basis since 2006 and are adjusted annually for inflation.
Preserve Management -Section 2 addresses the overall Preserve management
responsibilities.The section is divided into sub-sections which address the following
topics:
o Mutual Cooperation and Notification
o PVPLC Obligations,Rights and Permissive Activities (the specific
obligations are listed in Exhibit B-1 and the specific Permissive Activities
are listed in Exhibit B-3)
o City Rights and Obligations (the specific obligations are listed in Exhibit B-
2)
o Preserve Naming Opportunities (this memorializes policies and decisions
previously approved by the City Council in January 2005 and April 2008)
o Habitat Restoration Plan Review Protocol (this memorializes a protocol
previously approved by the City Council in April 2008)
o Protocol for the City Review of Habitat Restoration Projects Arising from
Grants or Mitigation projects of Other Jurisdictions (this memorializes a
protocol previously approved by the City Council in April 2008)
o Community Participation
o Installation/Maintenance of Improvements/Features in the Preserve
As noted above,the specific tasks that the City and PVPLC are responsible for
completing,which are primarily dictated by the approved NCCP,are listed in tables
contained in Exhibit B-1 (PVPLC obligations)and B-2 (City Obligations).There is also a
table identified as Exhibit B-3 that lists a number of PVPLC Permissive Activities.The
PVPLC's Permissive Activities are not specifically obligated by the approved NCCP but
are important for the PVPLC to perform as they form a material part of the PVPLC's
connection to and responsibilities in the Preserve and its ability to obtain donations and
volunteer services as required under the Agreement.
Planning,Monitoring and Reporting -Section 3 of the Agreement describes the City's
and the PVPLC's current obligations in preparing and reviewing plans,documents,and
reports with respect to species monitoring,predator control,and habitat restoration,to
name a few.
Term -Section 4 of the Agreement notes that the Management Agreement shall match
the 50-year term of the NCCP,which commenced as of 2004.
Insurance -Section 5 of the Agreement describes the insurance to be maintained by
the PVPLC for work done on City-owned properties,including,but not limited,to general
liability,automobile,and worker's compensation.
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Hazardous Materials -Section 6 of the agreement prohibits the City and the PVPLC
from using,storing,maintaining, handling,releasing,discharging disposing,generating
or transporting hazardous materials within the Preserve.
General Indemnities -Section 7 of the Agreement describes the PVPLC's indemnity of
the City and the City's indemnity of the PVPLC by agreeing to indemnify,defend and
hold harmless either party and its officers,employees,and agents.
Default -Section 8 of the Agreement describes the notice,cure and remedies in the
event either party breaches,defaults or materially fails to comply with the provisions
contained in the Agreement.
If the terms and conditions of Agreement are acceptable to the City Council,Staff is
recommending that the City Council authorize the Mayor to execute the updated
Managen;lent Agreement between the City and the PVPLC.
FISCAL IMPACT
Authorizing the Mayor to execute the updated Management Agreement between the
City and the PVPLC will not result in any additional costs to the City.As specified in the
Agreement,the City is obligated to provide both cash and in kind services as funding for
the Preserve management on an annual basis.The City's funding and management
commitments described in the agreement have been approved previously by the
Council and appropriated in the Council-adopted FY 11-12 budget.
For informational purposes,the approximate City costs associated with managing the
Preserve in FY 10-11 are provided below.
Financial Assistance to the PVPLC for Habitat Management
Payment to PVPLC to manage the City's Oceanfront Habitat
Mandated Fuel Modification
Public Safety (Ranger Services focused on Preserve)
Waste removal
City Signage
Burma Road Maintenance
Landslide Abatement District Assessments
Total
$109,900
$16,511
$108,000
$75,000
$5,000
$2,000
$25,000
$84,000
$425,411
It should be noted that it costs the PVPLC approximately $336,000 on an annual basis
to perform their Preserve management responsibilities.Subtracting out the City's
assistance (approximately $126,000 in FY 10-11),the PVPLC obtains the rest of its
Preserve management funding (approximately $210,000 per year)through grants and
contributions.
ATTACHMENT
•Updated Management Agreement
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PALOS VERDES NATURE PRESERVE MANAGEMENT AGREEMENT
made by
THE CITY OF RANCHO PALOS VERDES
and
THE PALOS VERDES PENINSULA LAND CONSERVANCY
This Management Agreement (the "Agreement")is made as ofNovember_,2011,by and
between the City of Rancho Palos Verdes (the "City")and the Palos Verdes Peninsula Land
Conservancy,a California non-profit,public benefit corporation (the "PVPLC"),with reference
to the following facts:
A.The City,the PVPLC (as Habitat Manager),the California Department ofFish and
Game ("CDFG"),and the United States Fish and Wildlife Service ("USFW";CDFG and USFW
being hereinafter referred to collectively as the "Wildlife Agencies")are concurrently herewith
preparing for the City's and the Wildlife Agencies'adoption the Rancho Palos Verdes Natural
Community Conservation Plan/Habitat Conservation Plan (the "Plan").The purpose of the Plan,
upon completion and adoption,is to establish the Palos Verdes Nature Preserve (the "Preserve")
within the plan area described in the Plan (the incorporated area of the City of Rancho Palos
Verdes)in order to provide mitigation for the future taking of covered species identified in the
Plan as the result ofprojects and activities performed in the Plan area by the City and third
parties.Although the Plan was completed in 2004 and approved by the City Council on August
31,2004,the Plan has not been formally approved by the Wildlife Agencies.The City-approved
plan is being updated to reflect changes in land acquisition that have occurred since 2004.Thus,
the Plan is presently in a draft form.The City,the PVPLC and the Wildlife Agencies anticipate
completion of the Plan and its adoption in 2012.
B.The boundaries ofthe Preserve managed by the PVPLC are set forth in the Plan,but for
the avoidance of doubt,consist of the properties identified on Exhibit A attached to and
incorporated in this Agreement by this reference.The Preserve consists of land dedicated to the
Preserve by the City and the PVPLC for the purpose of open space conservation,habitat
preservation,public use and related activities consistent with the conservation goals ofthe Plan.
The Preserve lands are subject to conservation easements,as required under the Plan.
C.A Public Use Master Plan (the "PUMP")must be prepared jointly by the City and
PVPLC and approved by the City Council and Wildlife Agencies to establish certain rules and
criteria for public use of the Preserve,as provided under the Plan.
D.With the approval ofthe Wildlife Agencies,the City has designated the PVPLC as
"Habitat Manager"under the Plan.The Plan delegates various independent and mutual
responsibilities for Preserve management to the City and the PVPLC.The Plan anticipates that
the City and the PVPLC will enter into a management agreement respecting their rights and
obligations.
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E.Pending completion and adoption ofthe Plan in its final form,on December 20,2005,
the City and PVPLC entered into an agreement (amendment No.1 to the pre-existing
CityIPVPLC Forrestal Management Agreement)(the "Forrestal Agreement")authorizing the
PVPLC to begin management of the properties enrolled in the Preserve,as of that time,in
accordance with the management responsibilities of the Plan,as approved by the City on August
31,2004.As a result,since January 2005,the PVPLC has been compensated by the City to
manage the Preserve on the City's behalf by engaging in various habitat restoration and
enhancement activities in the Preserve in anticipation of final completion and adoption of the
Plan.
F.On June 19,2007,an agreement (amendment No.4 to the Forrestal Agreement)was
entered into between the City and the PVPLC authorizing the PVPLC to perform habitat
maintenance activities at the City-owned "Oceanfront"properties for a cost of $15,000 per year
(adjusted annually by the City for inflation).
G.The property subject to the Forrestal Agreement is now a portion ofthe larger Preserve.
The responsibilities ofthe PVPLC and the City are more extensive with respect to the Preserve,
and so the parties desire to enter into a more comprehensive management agreement replacing
the Forrestal Agreement including all of its amendments and any other prior management
agreements respecting the Preserve.Capitalized terms used in this Agreement and not otherwise
defined shall have the meanings given such terms in the Plan.
Now,therefore,for good and valuable consideration,the City and the PVPLC agree as
follows:
1.Financial Obligations of the Parties pursuant to the 2004 Plan.
1.1 PVPLC Financial Obligations.
(a)Cash and In Kind Service Contributions.The PVPLC shall provide annual
support to the Preserve consisting of (i)at least $50,000 (2006 baseline payment)in cash
expenditures (the "PVPLC Expenditures"),and (ii)in-kind services,in each case to perform or
support its performance of the obligations set forth in Exhibit B-1 and Exhibit C referenced in
Section 2.2(a)below and incorporated herein by this reference.Commencing as of2007,the
amount of the PVPLC's Expenditures shall be increased annually for inflation based on the
Consumer Price Index (CPI)for Los Angeles County for all consumers for the month of
February of each calendar year.In years where there is no inflation increase,the annual
contribution shall not be adjusted.
(b)Volunteer Hours.In addition to the PVPLC Expenditures and the PVPLC's
annual in-kind services,the PVPLC shall organize and provide for the benefit of the Preserve,on
an annual basis,volunteer service hours in an amount valued at not less than $50,000.Volunteer
services shall be valued using the most comparable current commercial rates as developed by
Independent Sector,or if such resource ceases publication or is not applicable to the services
provided,then a reasonably similar index or valuation source.The volunteer hours shall be used
to perform or support the PVPLC's performance of its responsibilities under the Plan or this
Draft Preserve Management Agreement Page 2 of20
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Agreement,which include but may not be limited to the obligations set forth in Exhibit B-1 and
Exhibit C referenced in Section 2.1(a)below.
(c)Financial Records.The PVPLC shall provide financial records,as required from
time to time under the terms of the Plan,to be included in the annual report to the City and
Wildlife Agencies on the status of the Preserve.In addition,the PVPLC shall provide reasonable
evidence of the PVPLC Expenditures,the PVPLC's in-kind services and the PVPLC's volunteer
service hours required under this Section.
12 City Financial Obligations.
(a)Cash Payments.The City shall pay to the PVPLC the annual sum of$100,000
(2006 baseline payment)in cash (the "Preserve Management Payment"),subject to adjustment as
set forth in this Agreement,to assist the PVPLC in performing its obligations set forth in Exhibit
B-1 referenced in Section 2.2(a)below,payable quarterly at least thirty (30)days in advance of
the quarter when such payment is due.In addition to the Preserve Management Payment,the
City shall pay to the PVPLC the annual sum of$15,000 (2007 baseline payment)cash (the
"Oceanfront Estates Management Payment")to perform the habitat and trail maintenance
responsibilities listed in Exhibit C on the City's Oceanfront Preserve properties,payable
annually at the start of the City's fiscal year.Commencing the year following the baseline
payment (which is 2007 for the Preserve Management Payment and 2008 for the Oceanfront
Estates Management Payment),each shall each be increased annually for inflation based on the
Consumer Price Index (CPI)for Los Angeles County for all consumers for the month of
February of each calendar year.In years where there is no inflation increase,the annual
contribution shall not be adjusted.
(b)In-Kind Services.In addition to the Preserve Management Payment and the
Oceanfront Estates Management Payment,the City shall perform the in-kind services on an
annual basis set forth in Exhibit B-2 referenced in Section 2.3 below.
2.Preserve Management.
2.1 Mutual Cooperation and Notification.The PVPLC and the City wish to cooperate in
the operation of the Preserve so that each entity can perform its duties to the benefit of the
Preserve,the habitat and species that occupy the Preserve,and the general public.The City and
the PVPLC recognize that communication is a key element of a successful relationship.To that
end,the City and the PVPLC each shall notify the other of special events that it intends to
conduct in the Preserve so that the events can be coordinated and do not conflict with each
other.The City and the PVPLC shall discuss the scheduling and coordination of upcoming
activities,events or tours in the Preserve at the monthly meetings that are attended by City and
PVPLC Staff described in sections 2.2(a)(iv)and 2.3(a)ofthis Agreement.In order to promote
smooth operation of the Preserve and the activities that are conducted therein,the PVPLC and
the City shall make reasonable efforts to notify each other of unusual activities or if special
guests will be touring the Preserve,so that such activities or tours can be conducted as smoothly
as possible.
2.2 PVPLC Obligations,Rights and Permissive Activities.
Draft Preserve Management Agreement Page 3 of20
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(a)Preserve Management.The PVPLC is responsible for performing the Preserve
management responsibilities required by the Plan as set forth in Exhibit B-1 attached hereto and
incorporated herein by reference on the Preserve properties identified in Exhibit A.The PVPLC
is responsible for performing habitat and trail maintenance responsibilities on the City's
Oceanfront Estates preserve properties as set forth in Exhibit C attached hereto and incorporated
herein by reference.The PVPLC shall at all times cooperate with the City in its performance of
such management obligations.
(i)The PVPLC,including all its employees,volunteers and board members,
shall have access to the Preserve at any hour during any time of the year,including through the
use of motorized vehicles to perform any of the maintenance responsibilities set forth in Exhibit
B-1.If said access is to occur when the Preserve is not open to the public pursuant to the City's
Municipal Code,notification of said planned access shall be provided to the City at the required
monthly city/PVPLC meetings described in section 2.2(a)(iv)ofthis agreement.The City shall
provide to the PVPLC,and,if applicable,the PVPLC shall provide to the City,keys,sensors,
remote controllers,pass codes or other entry devices to all gates or other vehicle entry controls at
all Preserve entrances from time to time established.The PVPLC shall have the right to use such
other motorized machinery in the Preserve as and to the extent reasonably necessary to perform
its obligations and the Permissive Activities (hereinafter defined)under this Agreement.
(ii)The PVPLC shall maintain the Del Cerro Donor Recognition Site located in
Del Cerro Park,which shall include responsibility for any cleaning,repairs,modifications or
additions to that Site,unless the PVPLC and the City agree in writing (as approved by the City
Council as and when necessary or desirable)that the City shall be responsible for some aspect of
the required maintenance.
(iii)The PVPLC shall maintain any future donor recognition sites or markers it
installs in the Preserve either under this Agreement or the PUMP pursuant to permission of the
City,unless the PVPLC and the City have agreed in writing (as approved by the City Council as
and when necessary or desirable)that the City shall maintain a recognition site or marker
constructed by the PVPLC.
(iv)The PVPLC shall meet with representatives of City staff on a monthly basis
to discuss,without limitation,the status of management efforts,Preserve operations,trail
maintenance/repair projects,priorities for activities in the Preserve,and issues relating to or
arising in the context ofthe PUMP.In addition,at the monthly meetings,the PVPLC shall
notify the City of any forthcoming tours,events or activities in the Preserve,including any
Permissive Activities identified in attached Exhibit B-3.Any notification that is given at a
monthly meeting is for the purpose of promoting the smooth operation of the Preserve for the
mutual benefit of both the City and the PVPLC.Except as provided in paragraph (b)below,
failure of the PVPLC to give notice of a Permissive Activity to the City at a monthly meeting
shall not be a breach of this Agreement by the PVPLC.
(v)The PVPLC shall participate in the presentation of the Annual Report to the
City Council (as defined in and required under the Plan).
Draft Preserve Management Agreement Page 4 of20
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(b)Permissive Activities.The PVPLC shall be permitted to undertake certain
activities in the Preserve identified on Exhibit B-3 as permissive activities (the "Permissive
Activities"),but without any obligation to do so,the undertaking of such Permissive Activities
being within the PVPLC's sole discretion,subject to the approval process set forth in this
paragraph (b).The City acknowledges that the Permissive Activities form a material part of the
PVPLC's connection to and responsibilities in the Preserve and its ability to obtain donations and
volunteer services as required under this Agreement and otherwise,and are a material
inducement to the PVPLC's agreements herein.The PVPLC shall at all times cooperate with the
City in conducting Permissive Activities in the Preserve.All Permissive Activities shall be
performed in a manner consistent with the Plan and the PUMP and shall be conducted in
accordance with the following:
(i)The PVPLC shall give advance written notice of at least five (5)business
days to the City's Director of Community Development ("Director")or the Director's designee
of the Pv:PLC's desire to undertake a Permissive Activity (the "Permissive Activity Request").
The Permissive Activity Request shall state on its face that it does or does not involve or require
any of the following:(A)closing trails to public use temporarily or permanently,(B)Performing
any trail maintenance or repair of any unimproved trails on City property,(C)the issuance of
City permits,(D)obtaining additional or special insurance,(E)bringing exceptionally large
numbers of people (100 or more)into the Preserve,(F)bringing more than two vehicles into the
Preserve,or (G)the presence of public safety personnel (e.g.,law enforcement,fire,life safety).
If the Permissive Activity Request states that it does not involve or require any of the special
circumstances identified in (A)through (G),inclusive,then the Director shall have up to five (5)
calendar days to notify the PVPLC whether,in the Director's reasonable discretion,he or she
believes the Permissive Activity described in the Permissive Activity Request does involve or
require one or more of the foregoing special circumstances,and which special circumstances are
involved.If the PVPLC provides written notice to the Director during the period when City Hall
is closed between Christmas and New Year's Day,then the time periods within which the City
must respond,shall be extended by five additional business days.
(ii)Any Permissive Activity that is identified by the PVPLC or the City as
involving or requiring any ofthe special circumstances identified above shall not occur or
commence for a minimum of fifteen (15)calendar days following the City's receipt of a
Permissive Activity Request from PVPLC.Any Permissive Activity that is identified by PVPLC
and the City as not involving or requiring the special circumstances identified above may occur
or commence promptly following the PVPLC's receipt of the City's written concurrence from
the Director within the five business day period that no special circumstances are involved or
required.
(iii)The City Manager or his/her designee shall have fifteen (15)days from
receipt of the Permissive Activity request that is determined to involve or require special
circumstances to review the same and notify the PVPLC of any requirements,conditions or
restrictions that shall govern the Permissive Activity,or to notify the PVPLC that the Permissive
Activity is not approved.The fifteen day period commences upon notice to the Director from
the PVPLC that any of the special circumstances that are set forth in paragraph (i)above are
involved with the particular request or from the Director's determination that special
circumstances are involved.Given the importance of the Permissive Activities to the PVPLC's
Draft Preserve Management Agreement Page 5 of20
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mission and responsibilities to the Preserve,the City's failure to notify the PVPLC within such
fifteen (15)day period of any requirements,conditions or restrictions,or of disapproval,shall
conclusively be deemed the City's approval without requirement,condition or restriction.To the
extent that the Permissive Activity is directly related to the PVPLC's habitat monitoring,
restoration and maintenance responsibilities under or in furtherance of the Plan,the City may not
disapprove the Permissive Activity,but may impose reasonable requirements,conditions and
restrictions;provided,however,that this restriction on the City's authority does not apply to trail
closures exceeding thirty calendar days in length,which are within City Council's discretion to
approve or deny.
(iv)Notwithstanding the foregoing,in the case of any Permissive Activity
required or desired in the event of an emergency,the PVPLC shall provide as much advance
notice as is reasonably feasible and,if the PVPLC is unable to provide advance notice,shall
notify the City of any such emergency action not less than twenty-four (24)hours after the action
has been t3ken.
(v)Regardless of any requirement,condition or restriction imposed by the City,
or any lack thereof,all Permissive Activities shall comply with:(A)the City's laws,ordinances,
regulations and rules,including,without limitation,those governing departmental review,site
and plan review,and permitting,and (B)all applicable laws,ordinances,regulations and rules of
any other governmental authority with jurisdiction over such activities.The City shall not be
required to include or reference the legal requirements of subparts (A)and (B)ofthis paragraph
when providing its requirements,conditions or restrictions,nor does the fifteen-day notice period
described above create any right in the PVPLC to conduct its Permissive Activity immediately at
the end of such notice period.The PVPLC is responsible for assuring legal compliance of its
Permissive Activities as required under subparts (A)and (B)of this paragraph.
(vi)For purposes ofthis Section 2.2(b),notices between the City and the PVPLC
may be in the form of electronic mail or may be by telephone if confirmed by electronic mail or
other writing.
2.3 City Rights and Obligations.
(a)Specific Obligations.In addition to the City's responsibilities as provided herein,
in the Plan,and as may from time to time be required as an owner of land enrolled in the
Preserve,the City shall perform the work or provide the services set forth in Exhibit B-2 attached
hereto and incorporated herein by reference.All such work and services shall be performed in a
manner consistent with the Plan and the PUMP.The City shall meet with representatives of the
PVPLC on a monthly basis to discuss status of management efforts and Preserve operations,
including,without limitation,issues relating to the PUMP.In addition,at the monthly meetings,
the City shall notify the PVPLC of any forthcoming City projects,tours,events or activities in
the Preserve.The City shall at all times cooperate with the PVPLC in its performance of such
management obligations.
(b)Reservation of Rights and Obligations to City.All powers,rights and obligations
not granted or delegated to the PVPLC under this Agreement are expressly reserved to or remain
the rights or obligations,as applicable,ofthe City.The City will conduct its activities in and
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with respect to the Preserve in accordance with the Plan and will enforce the restrictions and
provisions of the PUMP within the Preserve.
2.4 Preserve Naming Opportunities.The City-owned Preserve properties or portions
thereof,along with scenic points or trails within the Preserve,may be named after donors who
make monetary contributions to the City or PVPLC toward acquisition or management of the
Preserve,pursuant to the provisions of Exhibit D,which is attached hereto and incorporated
herein by reference.The installation of donor recognition overlooks,vista points,trail markers
locations and other sites to recognize such donors is and shall be allowed on the City-owned
property in the Preserve,provided the City Council approves the location,size,and signage
associated with said recognition sites.The sites identified on Exhibit D have been previously
approved as of the date of this Agreement and do not require further approval.
2.5 Habitat Restoration Plan Review Protocol.Pursuant to the Plan,in 2010,and every
three years thereafter,the PVPLC is required to prepare a new 3-year Habitat Restoration Plan
(the "HRP")for the purpose of performing habitat restoration somewhere in the Preserve.The
following review protocol must be followed for all future HRP's on City-owned property:
(a)The PVPLC shall prepare a draft HRP and submit it to the Community
Development Director (the "Director").
(b)The Director shall distribute the draft HRP to the Public Works Department,
Recreation and Parks Department,City Manager's office and City Geologist for review.
(c)A meeting shall be held among the four City Department representatives described
above and the PVPLC staffto discuss any issues or concerns with the draft HRP.
(d)Once the applicable City Departments agree to the draft HRP,then the Director
shall approve the draft HRP on behalf ofthe City.
(e)The PVPLC shall then submit the City-approved draft HRP to the Wildlife
Agencies for approval.
(f)Once approved by the Wildlife Agencies,the PVPLC shall implement the fully
approved HRP and shall provide public notice of the proposed habitat restoration work at least
thirty (30)days prior to initiating said work to all property owners within 500 feet of the property
on which the restoration will be performed (based on a list of property owners the City provides to
the PVPLC),and the City shall provide notification to all NCCP listserv subscribers.
2.6 Protocol for the City Review of Habitat Restoration Projects Arising from Grants or
Mitigation Projects of Other Jurisdictions.The Plan states that the City and PVPLC will actively
pursue public and private funding sources to undertake restoration projects beyond the minimum
restoration requirements of the Plan.In addition,it is expected that other jurisdictions will
approach the City or PVPLC with funding for habitat restoration projects in the Preserve to meet
their own project mitigation requirements.As a result,the following review protocol will be
followed for proposed habitat restoration projects in the Preserve stemming from grants or
mitigation projects for other jurisdictions:
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(a)At the earliest possible opportunity,the PVPLC shall provide a description ofthe
proposed project/grant to the Director.
(b)The Director shall review the project/grant for consistency with the Plan and any
other applicable City plans and forward the proposal to the City Manager with a
recommendation.
(c)If the City Manager agrees to seek the grant or project,the PVPLC,working in
conjunction with appropriate City staff,may pursue the subject grant/project.
(d)If the grant or project is awarded for a project on City owned land,before the
grant/project is implemented,the PVPLC shall submit a habitat restoration plan to the Director,
who will tJ:1en transmit the plan to all the appropriate City Departments and City Geologist for
reVIew.
(e)All appropriate City department representatives and the PVPLC staff shall meet to
discuss any issues or concerns with the proposed project.
(f)Once all City Departments agree to the project,the project shall be approved by
the Director.No work will be initiated until the Director provides written approval of the
proposed restoration project.
(g)Once the Director has approved the project,the PVPLC shall implement the
approved project and shall provide public notice ofthe proposed habitat restoration at least thirty
(30)days in advance of said work to all property owners within 500 feet of the property on
which the restoration will be performed (based on a list of property owners the City provides to
the PVPLC),and the City shall provide notice to all NCCP listserv subscribers.
(h)Once the PVPLC receives the grant/mitigation funding,a fee equal to 1%ofthe
total grant/mitigation funding shall be paid to the City to cover the cost of City staff s
administrative costs,as and to the extent permitted by the funding organization.
(i)The PVPLC will provide the City with monthly updates on the status of all
submitted grant applications and projects.
2.7 Community Participation.
(a)PVPLC Community Outreach.The PVPLC will use reasonable efforts to ensure
public involvement and participation in the management and periodic evaluation of the Preserve.
Such efforts may include, but are not limited to,PVPLC's participation in the Annual Report
presentation to the City Council;involving members of the community as "keepers"to provide
regular monitoring of the Preserve;soliciting public comments through outreach such as
comment boxes,mailings,events and workshops;and inclusion of members of the public on
committees that the PVPLC may from time to time establish.
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(b)PUMP.In accordance with the Plan,the City and the PVPLC are and shall be
jointly responsible for completing the PUMP,as well as completing any amendments or
modifications to the PUMP or any replacements or substitutions of the PUMP.Pursuant to the
Plan,the PUMP and any subsequent amendments must be approved by the City Council and
Wildlife Agencies.The PUMP shall include a process for amendments that includes PVPLC
advice on and consent to matters that in the reasonable judgment of the PVPLC impact
biological protection,such as open space preservation,habitat preservation and restoration and
species protection.In the event the City approves or adopts actions with respect to the PUMP
that the PVPLC reasonably believes interfere with the PVPLC's performance of its obligations
under the Plan or this Agreement,the PVPLC may submit such matter to one or both of the
Wildlife Agencies for mediation under Section 8.3 hereof The decision or direction ofthe
Wildlife Agencies in such matter shall be binding upon the parties.The City and the PVPLC
acknowledge and agree that the provisions ofthe PUMP may directly impact the ability ofthe
PVPLC to perform its obligations under this Agreement and as Habitat Manager under the Plan;
therefore,the PVPLC's participation in the PUMP creation and amendment process are a
material inducement to the PVPLC's agreements herein.
2.8 Installation/Maintenance of Improvements/Features in the Preserve.
(a)The installation of any structures or features in the Preserve,including but not
limited to new or repaired trails,drainage/erosion control devices,vista points,benches,or
fencing beyond the individual responsibilities listed in attached Exhibits B-1 and B-2 and beyond
those completed pursuant to Section 2.4 of this Agreement shall be decided through the annual
PUMP review process.The funding for any such improvements is not covered by the financial
obligations listed in Section 1 of this Agreement and thus must be funded by either by the
PVPLC,discretionary budget allocations approved by the City Councilor the awarding of
outside grants to the City or PVPLC.
(b)The PVPLC shall maintain any structures or features it installs in the Preserve,
and the City shall maintain any structures or features it installs in the Preserve,such as,but
without limitation,kiosks,benches,post and rope or other fencing,drainage/erosion control
devices and irrigation,unless the PVPLC and City mutually agree in writing to a different
maintenance responsibility.
3.Planning,Monitoring and Reporting.
3.1 PVPLC Obligations.The PVPLC shall provide to the City plans,GIS shape files,
documents and reports with respect to species monitoring,predator control and habitat
restoration,and habitat manager recommendations,all as,when and to the extent required by the
Plan and the Wildlife Agencies.The PVPLC shall meet with the Wildlife Agencies and the City
to review,assess and coordinate Plan implementation (the "Annual Meeting")according to the
meetings requirements of the Plan.The PVPLC has submitted the initial Preserve Habitat
Management Plan as required under the Plan.
3.2 City Obligations.The City shall review and provide comment as necessary on all plans
prepared by the PVPLC that are required by the Plan to be submitted to the City.The City shall
transmit all completed reports to the Wildlife Agencies as required by the Plan.The City shall
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provide the Habitat Tracking Report using the Habitrak system or equivalent system acceptable
to the Wildlife Agencies as required by the Plan.The City shall coordinate the Annual Meeting.
4.Term.This Agreement shall become effective on the date it is fully executed by both the
City and the PVPLC (the "Effective Date").At such time as the Plan is approved by the Wildlife
Agencies and adopted by the City Council,this Agreement shall become,without the necessity
of further approval,execution or ratification,the management agreement anticipated or required
under the Plan and shall expire on the same date as Plan expiration,unless earlier terminated or
replaced by mutual agreement of the City and PVPLC or unless terminated pursuant to the
provisions of Section 8.1 (d)ofthis Agreement.In the event the Wildlife Agencies and the City
conclude in writing that they will not or are not able to complete the Plan,the City shall so notify
the PVPLC and this Agreement shall terminate on that date which is the 180th day following the
date of the City's notice to PVPLC.
5.Insurance.
5.1 PVPLC Insurance.The PVPLC,at its own cost and expense,shall at all times during
the effectiveness of this Agreement obtain and maintain the following insurance policies and
coverages with the following limits,and shall furnish the City with evidence of such insurance
from one or more insurers that are admitted to do business in the State of California with a
minimum rating of A-VII by A.M.Best Company:
(a)general liability insurance in an amount not less than One Million Dollars
($1,000,000)Combined Single Limit per occurrence;
(b)automobile liability insurance as required by law covering any motor vehicle that
is used by the PVPLC in connection with this Agreement,but in no event less than Five Hundred
Thousand Dollars ($500,000)Combined Single Limit per occurrence;
(c)worker's compensation/employer's liability insurance as and to the extent
required by the provisions of sections 3700 et seq.ofthe California Labor Code (which requires
every employer to be insured against liability for worker's compensation or to undertake se1f-
insurance in accordance with the provisions of that Code);and
(d)employer's liability insurance in an amount not less than Two Hundred Fifty
Thousand Dollars ($250,000).
5.2 City Insurance.The City,at its own cost and expense,shall at all times during the
effectiveness ofthis Agreement self-insure under a joint powers insurance authority or other
available municipal insurance program,insuring against casualty,injury or death to persons,and
damage to or destruction of property caused by the City's actions in connection with the
Preserve.
5.3 Additional Insureds.The PVPLC and the City each shall obtain,to the extent available
and to the extent commercially reasonable under their respective insurance programs,additional
insured endorsements issued by their respective liability insurer and/or joint powers authority
which name the other contracting party as an additional insured. Additionally,in the event the
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PVPLC hires contractors or third parties to perform work on City-owned properties in the
Preserve,in accordance with the provisions of this Agreement,the PVPLC shall require such
contractors to provide insurance in the amounts set forth in Paragraph 5.1,and such insurance
policies shall name the City and the PVPLC as additional insureds.
5.4 Combined Coverage.Any insurance required hereunder may be combined with
insurance obtained for other activities of the insured.
5.5 Notice of Change in Insurance.Each party shall used its commercially reasonable
efforts to cause all insurance required under this Agreement to expressly provide that such
insurance shall not be cancelled or materially reduced in coverage or limits except after thirty
(30)days written notice is provided by receipted delivery to the party named as an additional
insured.
5.6 Default.Cancellation,lapse or reduction of insurance below the minimums required in
this Section shall constitute a default under this Agreement,entitling the non-defaulting party to,
at its discretion,exercise its remedies under Section 8.l(d)of this Agreement.
5.7 Waiver of Subrogation.With respect to property damage,each party waives its rights
of recovery against the other for any claim to the extent that the applicable insurance policies so
permit,and the party obtaining such insurance shall use commercially reasonable efforts to
obtain a waiver of subrogation endorsement or similar endorsement.
6.Hazardous Materials.
6.1 Definitions.The term "Hazardous Materials"shall mean any chemical,substance,
material,or waste or component thereof which is now or hereafter listed,defined or regulated as
a flammable explosive,radioactive material,hazardous or toxic chemical,substance,material or
waste or component thereof by any federal,state or local governing or regulatory body having
jurisdiction over Hazardous Materials,or which would trigger any employee or community
right-to-know requirements adopted by such body,or for which any such body has adopted any
requirements for the preparation or distribution of a material safety data sheet.Without limiting
the generality of the foregoing,"Hazardous Materials"shall include,but be not limited to:(a)
hazardous,toxic or radioactive substances as defined in California Health and Safety Code
section 25316,as amended from time to time,or a related defined term in any successor or
companion statutes,and (b)crude oil or byproducts of crude oil,other than crude oil which exists
on the Preserve as a natural formation.
6.2 Use of Hazardous Materials.Neither the PVPLC nor the City may use,store,maintain,
handle,release,discharge,dispose,generate or transport (collectively,as a verb or noun,"Use")
within the Preserve any Hazardous Materials other than those types and quantities of substances
customarily used in connection with the activities or services contemplated under the terms of
this Agreement.Each party shall give reasonably prompt written notice to the other ofthe types
and quantities of Hazardous Materials each intends to Use in the Preserve.Any permitted Use of
Hazardous Materials in the Preserve shall be strictly in accordance with applicable laws and
manufacturer's instructions.If any applicable law or the Preserve's trash removal contractor
requires that permitted Hazardous Materials or their containers be disposed of separately from
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ordinary municipal solid waste,the party who Used such Hazardous Material shall make
arrangements at its own expense for such disposal directly with a licensed disposal company at a
lawful disposal site.lithe PVPLC makes such arrangements for separate disposal of Hazardous
Materials it Used,then it shall promptly provide the City with a copy of all uniform hazardous
waste manifests or other documentation regarding the Use of such Hazardous Material.Upon
the expiration or earlier termination of this Agreement,PVPLC shall promptly cause the
complete and lawful removal of any unused permitted Hazardous Materials which it stored on
the Preserve.
6.3 Compliance with Hazardous Materials Laws.Each party hereby warrants and
represents to the other that it shall comply with all federal,state,and local laws and regulations
concerning the Use (including temporary storage)of Hazardous Materials at and in the Preserve.
6.4 Cleanup of Hazardous Materials-Third Party Release.If Hazardous Materials are
discovered in soils or groundwater of the Preserve,and neither party released,discharged,or
disposed of the Hazardous Material,then as between the City and the PVPLC,the City shall
have the obligation to monitor,investigate and/or remediate the Hazardous Material ifit is
located on a City-owned property,and any such monitoring,investigation and/or remediation is
required.Nothing herein shall be deemed to prevent the City from seeking any and all
appropriate redress ::from any person or entity responsible for the release,discharge or disposal of
such Hazardous Materials.Likewise,if Hazardous Materials are discovered in soils or
groundwater of the Preserve,and neither party released,discharged,or disposed of the
Hazardous Material,then as between the City and the PVPLC,the PVPLC shall have the
obligation to monitor,investigate and/or remediate the Hazardous Material ifit is located on a
PVPLC-owned property,and any such monitoring,investigation and/or remediation is required.
Nothing herein shall be deemed to prevent the PVPLC from seeking any and all appropriate
redress from any person or entity responsible for the release,discharge or disposal of such
Hazardous Materials.
6.5 Cleanup of Hazardous Materials-City or PVPLC Release.If any Hazardous Material
is released,discharged,or disposed of by either party or by their officers,agents,contractors,
employees or assigns,on,in,under or about the Preserve during the term of this Agreement in
contravention of law or this Agreement,then the responsible party shall immediately and in
compliance with all applicable laws,regulations or orders,clean up and remove the Hazardous
Material from the Preserve or any affected real property,and clean or replace any affected
personal property.
6.6 PVPLC's Indemnity of City.The PVPLC agrees to indemnify,defend and hold
harmless the City,its agents,officers,and employees from or against all liability,expenses,
including defense costs,legal fees and response costs imposed by law,and claims for damages of
any nature whatsoever which arise out of the Use or presence of Hazardous Materials on the
Preserve caused by authorized or unauthorized action of the PVPLC staff,officers,or its
contractors.If the City believes that a claim falling within the provisions of this indemnification
clause have been made against it,then it shall within ninety (90)days tender written notice of
any such claim and any supporting materials to the PVPLC.The City shall cooperate fully in all
regards with respect to the PVPLC's defense of any claim against the City.
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6.7 City's Indemnity ofPVPLC.The City agrees to indemnify,defend and hold hannless
the PVPLC,its agents,officers,and employees from or against all liability,expenses,including
defense costs,legal fees and response costs imposed by law,and claims for damages of any
nature whatsoever which arise out ofthe Use or presence of Hazardous Materials on the Preserve
caused by authorized or unauthorized action of City staff,or its other assigns,contract parties,
vendors or third parties.If the PVPLC believes that a claim falling within the provisions of this
indemnification clause have been made against it,then it shall within ninety (90)days tender
written notice of any such claim and any supporting materials to the City.The PVPLC shall
cooperate fully in all regards with respect to.the City's defense of any claim against the PVPLC.
6.8 Survival.Subsections 6.4,6.5,6.6 and 6.7 ofthis Section shall survive the expiration
or earlier tennination of this Agreement.
7.General Indemnities.
7.1 PVPLC's Indemnity of City.The PVPLC agrees to indemnify,defend,and hold
harmless the City and its officers,employees,agents,and assigns from and against all liabilities,
expenses,defense costs,legal fees,claims,suits,and judgments for damages (Liabilities)which
arise out of an act or omission of the PVPLC or any of its agents,employees or assigns arising
from the PVPLC's obligations under this Agreement to the extent not paid by the insurance
required and obtained under this Agreement,except for any Liabilities that arise out of the sole
negligence or willful misconduct of the City.
7.2 City's Indemnity ofPVPLC.City agrees to indemnify,defend,and hold harmless the
PVPLC and its officers,directors,employees,agents,and assigns from and against all liabilities,
expenses,defense costs,legal fees,claims,suits,and judgments for damages (Liabilities)which
arise out of an act or omission of the City or any of its agents,employees or assigns arising from
the City's obligations under this Agreement to the extent not paid by the insurance required and
obtained under this Agreement,except for any Liabilities that arise out ofthe sole negligence or
willful misconduct ofthe PVPLC.Nothing herein is or shall be construed to be the City's
waiver with respect to third party claims of any immunity or defense applicable specifically to
incorporated cities in the State of California provided by statute or common law.
8.Default.
8.1 Notice and Cure;Remedies.In the event that either party breaches,defaults or
materially fails to comply with any of the provisions contained in this Agreement,the non-
defaulting party shall provide the defaulting party with written notice identifying the alleged
default and demanding that the defaulting party cure such breach,default or non-compliance.If
the defaulting party does not cure such breach,default or non-compliance within thirty (30)days
of the date of the default notice or,in situations where cure reasonably requires longer than 30
days,make reasonable progress toward cure to the satisfaction of the non-defaulting party within
thirty (30)calendar days of the date of the default notice,the non-defaulting party may exercise
one or more ofthe following remedies:
(a)Setoff.In the event the default results from the failure of a party to provide its
required financial contributions,the non-defaulting party may pay such amounts and set off such
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payments against amounts the non-defaulting party owes to the defaulting party,whether under
this Agreement or otherwise;provided,however,that such setoff may not apply to the non-
defaulting party's contributions under this Agreement,which must continue to be made
notwithstanding the occurrence of a default.
(b)Self-help.After the expiration of the cure period,the non-defaulting party may
take such action as is necessary to cure the default and seek to recover all costs relating to such
cure from the defaulting party.
(c)Judicial Action.With or without terminating this Agreement,the non-defaulting
party may seek from a court of proper jurisdiction (i)a temporary restraining order or injunction
to prevent the continuation of any act in contravention ofthis Agreement,which may be sought
on an ex parte or shortened notice basis,subject to the determination ofthe court;(ii)a
mandamu~or specific performance order requiring the defaulting party to take such action as is
required under this Agreement to cure the default;(iii)a declaration ofthe rights ofthe parties in
connection with the default or dispute arising therefrom;or (iv)damages from the defaulting
party.
(d)Termination.In the event that the default results in non-compliance with this
Agreement,the non-defaulting party may terminate this Agreement.The non-defaulting party
shall submit the request for termination in writing to the other party and to the Wildlife
Agencies.Any such submittal made by the City must include a provision for continued
compliance with the terms of the Plan.No termination of this Agreement shall result in
termination or revocation of the conservation easements granted to the PVPLC,unless
specifically agreed to in writing by City and PVPLC.
8.2 Emergency Corrective Actions.In the event the alleged default constitutes an
imminent threat to health or human safety or a material imminent threat to the protection of
habitat and species that are required to be protected under the Plan,the non-defaulting party may
(but shall not be obligated),with or without notice to the defaulting party and without waiting for
the expiration of the defaulting party's cure period,take such action or make such payment as is
necessary to remedy the imminent threat or threats,or engage such third parties as may be
necessary to accomplish the same,and the defaulting party shall immediately upon demand
reimburse the non-defaulting party for all expenses actually incurred or payments actually made
in connection with such action,and such expenses or payments shall incur interest from the date
of demand at the maximum legal rate permitted by law.
8.3 Conflict Resolution of Certain Matters.
(a)It can be anticipated that from time to time during the term of this Agreement the
City and PVPLC may disagree on matters related to their obligations under the Plan,the PUMP
and/or this Agreement or regarding issues that are of interest to both parties and that relate to the
Plan,the PUMP and/or this Agreement.Therefore,the parties agree to the following conflict
resolution process.
(b)If the PVPLC has concerns with any City activities that affect the Preserve and/or
Plan,the PVPLC Executive Director shall transmit its concerns directly to the City Manager.
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Likewise,ifthe City has concerns with any PVPLC activities that affect the Preserve and/or
Plan,the City Manager shall transmit said concerns directly to the PVPLC Executive Director.
(c)If differences of opinion cannot be resolved by the Executive Director and the
City Manager within five (5)business days,the concerns shall be discussed by one or more
representatives of the PVPLC Board and one or more representatives of the City Council (but not
by way of public meeting,workshop or similar public process in which a quorum of Council
members are present).
(d)If the PVPLC Board and members of the City Council cannot resolve the
concerns within five (5)business days,and the concerns relate to obligations or perceived
obligations under the Plan or the PUMP,or to obligations or perceived obligations under this
Agreement that do not constitute a present breach ofthis Agreement or a breach ofthis
Agreement after the giving of notice,the passage of time,or both,either party may request that
the one or both of the Wildlife Agencies mediate the concerns.
(e)If either or both of the Wildlife Agencies agree to mediate,then the Wildlife
Agencies or Agency,as applicable,will appoint a representative from its or their departments
who will set a time convenient to both parties (but in no event later than thirty (30)days
following the date of the Wildlife Agencies'written notification of agreement to mediate),to
hear and work with the parties to reach a resolution of the concerns.The Wildlife Agencies'
direction shall be final and binding on the parties.
(f)If the concerns relate to performance or non-performance of obligations or
perceived obligations under this Agreement that constitute a present breach of this Agreement or
a breach ofthis Agreement after the giving of notice,the passage oftime,or both,then the
concerns shall be resolved as provided in Section 8 ofthis Agreement.
(g)The PVPLC and the City agree that they shall not,and that none of its or their
board members,Council members or staff members shall,issue any public statement,letter or
similar communication,or speak in any public forum,regarding the foregoing concerns unless
and until the process of staff-to-staff communication in subsection (c)above and board-to-
Council communication in subsection (d)above have been implemented and have not resulted in
a mutually agreeable resolution.
(h)The foregoing subsection (g)does not apply to contacts between individual board
members and/or staff members of the PVPLC and individual Council members and/or staff
members of the City.
9.Compliance with Laws.The parties shall throughout the term ofthis Agreement conduct
their activities and operations in material compliance with all laws,ordinances,regulations and
orders of any governmental or quasi-governmental authority with jurisdiction over the Preserve
or the respective parties.
10.Assignment and Subletting and Bankruptcy.Neither party may (i)lease or sublease the
Preserve or any portion thereof,except as expressly provided in the Plan and PUMP,or (ii)allow
the same to be used by any other person or organization for any other use than specified in the
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Plan and PUMP.Neither party may assign this Agreement,nor transfer,assign,or in any manner
convey any ofthe rights or privileges herein granted without the express written approval ofthe
other party and the Wildlife Agencies.Neither this Agreement nor the rights herein granted shall
be assignable by any process or proceeding in any court,by operation oflaw,by attachment or
execution,by proceedings in voluntary or involuntary insolvency or bankruptcy,or by voluntary
or involuntary receivership proceedings.Notwithstanding the foregoing,the PVPLC's rights and
obligations under this Agreement may be assigned to an entity that satisfies the requirements of
this Agreement (including the nonprofit,tax-exempt status)if such assignment is part of merger
or acquisition ofthe PVPLC into such other entity,in each case subject to the approval of the
Wildlife Agencies and the City Council and such other entity's agreement to assume the
PVPLC's obligations under this Agreement and the Plan.
11.Inspection of PVPLC Work.The City may at any time enter the Preserve and inspect the
PVPLC's work in the Preserve and ascertain compliance by the PVPLC with the terms and
conditions'of this Agreement.
12.Nonprofit,Tax-exempt Status.At all times during the term of this Agreement,the PVPLC
shall keep current its status as a nonprofit,tax-exempt,501(c)(3)corporation in the State of
California or its equivalent from time to time available for non-profit land trusts,as well as
similar California state non-profit charitable entity status.In the event the PVPLC loses such
status,the PVPLC shall promptly notify the City in writing.The PVPLC shall have sixty (60)
days from the effective date of such loss of status to appeal the status determination or to
commence cure and restoration of such loss of status.Loss of such status and the PVPLC's
failure to appeal or commence cure within such sixty (60)day period and thereafter to diligently
pursue such appeal and/or cure to completion shall constitute a material breach of contract for
which the City may immediately terminate this Agreement.
13.No Ownership or Possessory Interest;Property Taxes.This Agreement does not create
any ownership or possessory interest in City-owned properties in the Preserve by the PVPLC,
and does not create any ownership or possessory interest in PVPLC-owned properties in the
Preserve by the City.The PVPLC shall,at all times during the term ofthis Agreement,maintain
a status to the greatest extent permissible under the laws and regulations of the State of
California or the County of Los Angeles that would exempt it from any property tax,possessory
interest tax,or similar tax,should it be determined to have an interest in the Preserve that would
otherwise be a taxable interest.If at any time the PVPLC is determined to have a taxable
ownership or possessory interest in the Preserve,the PVPLC shall pay all such taxes before
delinquency.
14.Financial Records and Reports.
14.1 Maintenance of Financial Records.The PVPLC shall maintain a system of accurate
internal financial records and controls for PVPLC operations at the Preserve in accordance with
generally accepted accounting procedures ("GAAP")or such other system that may be adopted
in financial and accounting practices as substitute for GAAP.The PVPLC shall maintain each
year's financial records for a period not less than seven (7)years following the year for which
the records are maintained.The City shall have the right to inspect the PVPLC's records
pertaining to the Preserve and the PVPLC's obligations under this Agreement at the location
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where such records are maintained during normal business hours following not less than seventy-
two (72)hours advance written notice to the PVPLC,provided that such inspection right shall be
no more than one (1)time per calendar year unless a default notice has been delivered to the
PVPLC pursuant to the terms ofthis Agreement.
14.2 Delivery of Financial Statements.When they become available following the end of
the PVPLC's fiscal year,the PVPLC shall provide the City with the audited financial statements
of its operations for the immediately previous fiscal year.For purposes of this Agreement,
"financial statements"shall mean and shall be limited to the following:Statement of Activities;
Statement of Financial Position;and Statement of Functional Expenses for the Preserve as a
functional area.Financial statements shall be submitted to the City at the address identified
herein for notice purposes.
14.3 ~estricted Funds.Any funds that are specifically designated by the donor for use only
in connection with programs or activities conducted on the Preserve shall be designated in the
accounts of the PVPLC as "restricted funds"for the Preserve,and the PVPLC shall not use or
allocate any restricted funds for the Preserve for purposes that are unrelated to the PVPLC's
satisfaction of its obligations under this Agreement.Conversely,any funds that are specifically
designated by the donor for use only in connection with programs or activities conducted on
other sites or properties the PVPLC owns,maintains a conservation easement,or manages shall
be designated in the accounts of the PVPLC as "restricted funds"for such other sites and
properties,and the PVPLC shall not be obligated or required to use or allocate any such funds
restricted for other sites or properties for the Preserve or the PVPLC's satisfaction of its
obligations under this Agreement.
15.Non-Discrimination.The Preserve and all authorized services related thereto,as set forth
herein,shall be available for use and enjoyment by the public without regard to race,religion,
national origin,ancestry,gender,sexual orientation,age,or disability as provided in applicable
law and regulation.The PVPLC agrees that in the performance of this Agreement it will not
discriminate in its employment practices against any employee or applicant for employment
because of the employee's or applicant's race,religion,national origin,ancestry,gender,sexual
orientation,age,or disability.
16.Intellectual Property.Nothing in this Agreement is or shall be deemed to be a license or
other agreement,express or implied,allowing either party to use the names,trade names,
fictitious business names,trademarks,service marks,logos,copyrights or patents,whether or not
registered,of the other party (the "Intellectual Property"),and each party expressly retains the
right to control all of its Intellectual Property and to protect and enjoin its unauthorized use.
Absence an express written agreement to the contrary,each party retains sole and exclusive
rights over any Intellectual Property that it develops during the term of this Agreement,whether
with respect to the Preserve or in furtherance of its obligations hereunder or otherwise,and
whether or not any portion ofthe other party's required payments hereunder or other funds
provided by that party are used in connection with the development of such Intellectual Property.
17.General Provisions.
17.1 Notices.
Draft Preserve Management Agreement Page 17 of20
4-22
(a)The PVPLC and the City shall each use reasonable efforts to keep the other
infonned in advance of all material activities that are undertaken at the Preserve by them or at
their direction,provided that failure to comply with this requirement shall not serve as a basis for
default under this Agreement,except as expressly provided in other provisions of this
Agreement.
(b)Each party shall place the other on its distribution lists to receive program
schedules,newsletters and other infonnation pertaining to its activities.
(c)Unless otherwise notified by the City in writing,all submittals by the PVPLC to
the City shall be addressed to:
Community Development Director
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes,CA 90275
Tel:(310)544-5228
Fax:(310)544-5291
(d)Unless otherwise notified by the PVPLC in writing,all submittals by the City to
the PVPLC shall be addressed to:
Executive Director
Palos Verdes Peninsula Land Conservancy
916 Silver Spur,Suite 207
Rolling Hills Estates,CA 90274
Tel:(310)541-7613
Fax: (310)541-7623
(e)Any notice,demand,or communication required or pennitted to be given by any
provision of this Agreement shall be in writing and shall be hand delivered,sent via facsimile,
electronic mail,overnight delivery or registered or certified mail,return receipt requested.
Notice shall be effective:(i)if hand delivered,when delivered;(ii)if sent via facsimile or
electronic mail,on the day of transmission thereof on a proper facsimile machine or computer,
with confinnation receipts evidencing same;(iii)if sent via overnight delivery,on the day of
delivery thereof by a reputable overnight courier service,delivery charges prepaid;and (iv)if
mailed,on the third (3rd)business day after the date on which the same was deposited in a
regularly maintained receptacle for the deposit of United States mail,postage prepaid.
17.2 Forbearance Not a Waiver.The acceptance by either party or the forbearance of any
act not contemplated by this Agreement or in breach of this Agreement shall not be deemed to be
a pennanent waiver of such tenn,covenant,or condition,and shall not constitute approval or a
waiver of any subsequent breach of the same or of any other tenn,covenant,or condition of this
Agreement.
Draft Preserve Management Agreement Page 18 of20
4-23
17.3 Governing Law.This Agreement and its application and interpretation shall be
governed exclusively by its terms and by the laws of the State of California and applicable
federal laws,without reference to choice of laws provisions.
17.4 Entire Agreement;Termination of Prior Agreements.This Agreement constitutes the
entire contract between the parties on the subject matter hereof,provided that reference may be
made to the Plan where expressly indicated herein.Any verbal agreements are void unless
included in this Agreement.This Agreement replaces and supersedes that certain Amended and
Restated Agreement-Forrestal Nature Preserve,as amended,that certain Forrestal Management
Plan,as amended,and any other plans or agreements between or among the City and the PVPLC
relating to any portion of the Preserve,which are hereby deemed terminated in their entirety and
of no further force or effect.
17.5 Construction.The language in all parts ofthis Agreement shall in all cases be
construed as a whole according to its fair meaning and not strictly for nor against either party.
The paragraph headings in this Agreement are for convenience only and are not to be construed
as a part hereof or in any way defining,limiting or amplifying the provisions hereof.The parties
agree that each party has reviewed this Agreement and has had the opportunity to have counsel
review the same and that any rule of construction to the effect that ambiguities are to be resolved
against the drafting party shall not apply in the interpretation of this Agreement or any
amendments or any exhibits thereto.
17.6 Rights and Remedies Cumulative.The rights and remedies provided by this Agreement
are cumulative and the use of anyone right or remedy by a party shall not preclude or waive the
right to use any or all other remedies.Said rights and remedies are given in addition to any other
rights the parties may have by law,statute,ordinance or otherwise.
17.7 Severability.If any provision of this Agreement or the application thereof to any
person or circumstance shall be invalid,illegal or unenforceable to any extent,the remainder of
this Agreement and the application thereof shall not be affected and shall be enforceable to the
fullest extent permitted by law.
17.8 Heirs,Successors and Assigns.Each and all ofthe covenants,terms,provisions and
agreements herein contained shall be binding upon and inure to the benefit ofthe parties hereto
and,to the extent permitted by this Agreement,their respective heirs,legal representatives,
successors and assigns.
17.9 Counterparts.This Agreement may be executed in any number of counterparts with the
same effect as ifthe City and the PVPLC had signed the same document.All counterparts shall
be construed together and shall constitute one agreement.
17.10 Time of the Essence.Time is of the essence of this Agreement.
17.11 Waiver of Right to Jury Trial.TO THE MAXIMUM EXTENT PERMITTED
BY LAW,THE PARTIES HEREBY WAIVE THEIR RIGHTS TO TRIAL BY JURY OF
ANY DISPUTE ALLEGED AGAINST THE OTHER AND ARISING OUT OF OR
RELATING TO THIS AGREEMENT.
Draft Preserve Management Agreement Page 190[20
4-24
17.12 Amendments.This Agreement shall not be altered,modified or changed except by an
amendment approved and signed by both the City and the PVPLC that expressly and
prominently states that the effect ofthe writing is to amend one or more provisions ofthis
Agreement.
17.13 Third Party Beneficiaries.The Wildlife Agencies are and shall be intended third party
beneficiaries of this Agreement.
In witness whereof,the undersigned execute and deliver the foregoing Agreement.
"City"
The City of Rancho Palos Verdes,a
By:_
Its:_
Print Name:
List of Exhibits
"PVPLC"
Palos Verdes Peninsula Land Conservancy,a
California non-profit,public benefit
corporation
By:_
Its:
Print Name:_
Exhibit A
Exhibit B-1
Exhibit B-2
Exhibit B-3
Exhibit C
Exhibit D
Map of Preserve Properties Managed by PVPLC
List ofPVPLC Obligations
List of City Obligations
List ofPVPLC Permissive Activities
Oceanfront Estates Management Requirements
Donor Recognition Naming Criteria and Approved Sites
Draft Preserve Management Agreement Page 20 of20
4-25
EXHIBIT A
Map of Preserve Properties
Managed by the PVPLC
4-26
4-27
Exhibit B-1
PVPLC Obligations
Biotic Surveys
Comprehensive
Monitoring and
Management Report
Annual Report
Restoration/Enhancement
Site Monitoring
Photo Documentation
Conduct wildlife and botanical surveys for Covered Species,as required by the Plan.Ievery 3 years
Conduct/Prepare Updated Covered Species Surveys,Updated Predator Control Plans,and Updated Ievery 3 years
Habitat Restoration/Enhancement Plans for next 15 acres of habitat restoration as required by the Plan.
As required by the Plan,submit to the City a Report on Targeted Exotic Removals (covering 5 acres or 20 lannual by calendar year
smaller locations),Restoration Site Monitoring (years 1-3 and 5),and a Financial audit.In addition,the
Report shall include a list of any trail maintenance projects completed during the year.(On overlapping
years,the Comprehensive Report will replace the Annual Report).
Monitor and report on the restoration work underway in the Preserve as required by the Plan.Each site Willi years 1-3 and five for
be monitored and reported on in years one through three,and five.Monitoring should document each site
restoration progress and provide direction and maintenance recommendations.Monitoring will include
both horticultural and botanical components.This Report will be included in the Annual Report or
Comprehensive Report.
Photo document restoration areas as required by the Plan.I annual
Meet with City representatives on a monthly basis to discuss Preserve management issues and inform the I Monthly
City of any PVPLC activities under this exhibit that are scheduled in the Preserve.
Species Reintroduction
Plans
Monthly Meetings
Reintroduce species in the Preserve as required by the Plan.as needed
Annual Meeting As required by the Plan,attend and provide input.I annual
Targeted Exotic Plant
Control (TERP)
Habitat Restoration/
Enhancement
Perform targeted invasive plant control on 5 acres or 20 locations as required by the Plan.Invasive plant I annual
control may include both mechanical and chemical methods of control.
As required by the Plan,perform habitat restoration/enhancement on 5 acres,includes without limitation I annual
site preparation,seed collection,plant material and/or seeds,soil amendments if needed,erosion control if
needed,irrigation system if needed,plant installation.
Restoration/Enhancement lAS required by the Plan,perform needed maintenance,including invasive plant control (may be hand
Maintenance removals,mechanical,herbicide or other methods as determined by the PVPLC).
years 1-5 after seeding/
planting
4
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8
Fuel Modification/Brush
Management
Pre Fuel Modification
Surveys
Trail Signage
Fencing
Maintenance
Volunteer Coordination
Structures in Preserve
Exhibit B-1
PVPLC Obligations
Conduct fuel modification/brush management on PVPLC owned properties as identified in the Plan.Work
may be conducted by mowing,grazing,chopping,crushing,chaining,vegetation thinning and removal,
and/or herbicide application.All work is to be conducted in accordance with the requirements and
directives of the Weed Abatement Division of the L.A.County Department of Agricultural Commissioner
and/or L.A.County Fire Department.
If any fuel modification in the Preserve on PVPLC owned lands is proposed to occur-in CSS during the bird
breeding/nesting season,conduct surveys to identify nesting locations to minimize impacts.
Install or replace up to 25 signs per year that provide trail directions and way finding;trail location and
identification;donor recognition;trail closures;protection of habitat,species,and geologic and historic
features;and education.
Pursuant to the Plan,When deemed necessary by the PVPLC,install fencing to protect any particularly
sensitive species or habitats or direct human access away from sensitive resource areas.
Perform any necessary graffiti removal or vandalism repair of PVPLC-owned/installed facilities.
Coordinate and manage all volunteer efforts utilized by the PVPLC to complete its Preserve management
responsibilities.Notify the City of expected volunteer activities utilized by the PVPLC in the Preserve,as
part of the monthly meetings between the PVPLC and the City.
Dismantle and remove any existing PVPLC installed and maintained structures from Preserve lands.
on-going
As needed
as determined necessary
by the PVPLC
on-going
as needed
as needed
as needed determined
necessary by the PVPLC
4
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9
Exhibit B-2
City of RPV Obligations
Habitat Tracking Report
Monthly Meetings
Annual Meeting
As required by the NCCP,the City shall produce an annual accounting of the lannual
acreage,type and location of habitat and species conserved,restored,"and
lost by permitted land uses and other activities.The annual report shall be
based on the City's fiscal year (July to June)and shall be transmitted to the
Wildlife Agencies by December 31 of each year.
City representatives will meet with PVPLC representatives on a monthly basis IMonthly
to discuss Preserve management issues and inform the PVPLC of any City
scheduled activities in the Preserve.
As required by the NCCP,an annual meeting will be held between the City,lannual
PVPLC and Wildlife Agencies to review and coordinate implementation of the
NCCP.
Pre Fuel Modification Surveys IIf any fuel modification in the Preserve on City of RPV owned lands is lAs needed
proposed to occur in CSS during the bird breeding/nesting season,conduct
survevs to identify nestina locations to minimize impacts.
Fuel Modification/Brush ManagementlConduct fuel modification/brush management on City owned properties as IAnnual or as required by L.A.County
identified in the Plan.Work may be conducted by mowing,grazing,chopping,
crushing,chaining,vegetation thinning and removal,and/or herbicide
application.All work is to be conducted in accordance with the requirements
and directives of the Weed Abatement Division of the L.A.County
Department of Agricultural Commissioner and/or L.A.County Fire
Department.
New Trail Construction IBased on the availability of funds and authorization from the City Council,lAs determined necessary by the City
construct any new trails that are identified in the approved Preserve Trails
Plan as approved trails but which do not presently exist.In collaboration with
the PVPLC,the City will oversee the new trail construction whether performed
bv paid contractors or volunteers.
Access Control IMaintain the City gates,signage and other City barriers that prevent/control lon-going
unauthorized vehicular access to the Preserve.
~&iljits B-1,B-2,B-3.edited by Andrea on 10-20-11.xlsx 10/20/2011 5:00 PM
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Exhibit B-2
City of RPV Obligations
Access Protocol
Public Safety and Public Use
Enforcement
Trail Maintenance
Access and/or Utility Road
Maintenance
Structures in Preserve
Develop and enforce the NCCP required Preserve "access protocol"directed lon-going
at utility agencies and the City's Public Works Department in a manner that
avoids and minimizes,to the maximum extent possible,environmental
damage,particularly damage to NCCP protected habitat and Covered .
Species.Access protocol should include City or utility or other party giving
reasonable advance notice to PVPLC.
Enforce the City's Municipal Code regulations and any other applicable laws lon-going
and regulations that apply to public use of the Preserve,including enforcing
the closure of unauthorized trails to the public.Enforcement is to be provided
by City Staff,Park Rangers or the L.A.County Sheriff.
Perform "routine"and "remedial"maintenance of any "improved"trails in the lon-going
Preserve that are not already maintained by outside parties through an
existing contractual agreement with the City.For purposes of this obligation,
"routine maintenance"shall mean regularly scheduled activities such as,but
not limited to,litter piCk-up,trash and debris removal,weed and dust control,
trail sweeping,sign replacement,and tree and shrub trimming;"remedial
maintenance"shall mean repairing,replacing,restoring or re-routing trail
segments that have been destroyed,damaged or have become significantly
deteriorated;and "improved trails"shall mean trails which have been
constructed to specified trail width and/or constructed to have a specific trail
tread such as concrete,asphalt or decomposed granite.
Perform "routine"and "remedial"maintenance of any access roads or utility lon-going
roads in the Preserve that are not already maintained by outside parties
through an existing contractual agreement with the City.For purposes of this
obligation,"routine maintenance"shall mean regularly scheduled road
grading and sweeping.
When determined to be necessary by the City,dismantle and remove existing lAs deemed necessary by the City
fencing;unused culverts,drains and piping;abandoned City-owned structures
and other unused structures from Preserve lands
~ei~ts B-1,B-2,B-3.edited by Andrea on 10-20-11.xlsx 10/20/2011 5:00 PM
4
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Exhibit B-2
City of RPV Obligations
Signage
Sanitation Control
Pet waste Control
Portable Toilets
Storm Drain Maintenance
Utility Services
Third Partv Vendors
Educational Signage
Fencing Removal
Maintenance
GIS/CAD Manaaement
Aerial Photo
At the City's sole discretion,provide any needed signage such as entry lAs determined necessary by the City
signs/kiosks and warning signs beyond the PVPLC's signage responsibilities.
Provide for the collection and disposal of trash/waste as determined bY'the lon-going
City.Provide dumpsters as requested by PVPLC for special occasions or
habitat needs.
on-going
Maintain any City utilities on an as needed basis as determined by the City.lAs determined necessary by the City
Notify PVPLC of anv volunteer or third Dartv vendor work in Preserve.IDer occurrence,Drior to work startin
Pursuant to the Plan,City may take the following actions on an as needed
basis as determined by the City to educate,provide direction,and promote
the sensitive use and enjoyment of the preserve:
1.Establish road signs near wildlife corridors to help reduce road kills.
2.Include,where appropriate,contact information for law enforcement,and
manaaement staff.
Pursuant to the Plan,when determined necessary by the City,dismantle and
remove anv existina fencina inside the Preserve.
Perform any necessary graffiti removal or vandalism repair of city lon-going
owned/installed facilities.
Maintain GIS lavers related to the Preserve and uDdate when necessa
Produce an ortho-rectified aerial image of the entire Preserve every 5 years
and Drovide said imaae to the PVPLC.
~6il:iits B-1,B-2,B-3.edited by Andrea on 10-20-11.xlsx 10/20/2011 5:00 PM
4
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Exhibit B-3
PVPLC Permissive Activities
Close individual trails or areas of
the Preserve,or limit uses of
individual trails or areas of the
Preserve,as reasonably
determined by the PVPLC
provided the City is notified in
advance and the closure is for a
period not to exceed 30 calendar
days.Any closures that exceed
30 days require City Manager
approval.
The criteria used by the PVPLC to determine
whether trails or Preserve areas should be closed
shall include but not be limited to:(1)protection of
people,animals,habitat and geological or historical
features;(2)restoration of habitat;(3)trail
maintenance;(4)species protection (e.g.,during
nesting seasons);(5)scientific research;(6)
educational programs;(7)fund raising activities of
the PVPLC;and (8)other activities within the scope
of the PVPLC's obligations hereunder or the
PVPLC's non-profit mission
as determined
necessary by the
PVPLC
Maintenance and repair of
unimproved trails in accordance
with the approved PUMP.
Perform any "trail maintenance"and "trail repair"that as determined
it desires on unimproved trails identified in the City's necessary by the
approved Preserve Trails Plan (PTP).The City or PVPLC
PVPLC has no obligation with respect to trail
maintenance and trail repair."Unimproved trails"
shall mean trails which have not been constructed to
any specified trail width or grade and/or constructed
to have a specific trail tread such as concrete,
asphalt or decomposed granite.The PVPLC's
scope of work may include but not be limited to the
following tasks involving "trail maintenance":litter
pick-up,trash and debris removal,weed and dust
control,tree and shrub trimming,adjusting width or
slope.The PVPLC's scope of work may include the
following tasks involving "trail repair":repairing,
replacing,restoring or re-routing trail segments that
have been destroyed,damaged or have become
significantly deteriorated.
Coordinate,conduct or sponsor \SUbject to City approval if required under the
educational or scientific activities Agreement
and research.
on-going
4
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3
Exhibit B-3
PVPLC Permissive Activities
Fundraising and other special as determined
events necessary by the
PVPLC
Eliminate unauthorized trails and "Unauthorized features"may include earthworks like as determined
remove unauthorized features.mounds,jumps and berms and man-made necessary by the
structures like ladders,bridges and walls.PVPLC
Implement the designs,as determined
recommendations,guidelines,necessary by the
trails plans,signage plans,PVPLC
facilities plans and other
provisions of the PUMP
Engage in outreach to educate,1.Provide education brochures,interpretive kiosks,as determined
provide direction,and promote signs and other outreach materials to educate the necessary by the
the sensitive use and enjoyment public about the resources and goals of the Plan and PVPLC
of the Preserve Preserve,rules of Preserve use,and the role and
mission of the PVPLC.2.Establish signs
for identification,access control and education at the
periphery of the Preserve.3.Install signs for
educational and/or interpretive trails.
4.Limit the use and/or language of signs that might
attract attention to sensitive species,because such
designation may invite disturbance of their habitat.
5.Install temporary signs to indicate habitat
restoration,erosion-control areas,or other work
zones or hazard areas.6.
Install barriers and signage to discourage shortcuts
between established trails.
4
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4
Exhibit B-3
PVPLC Permissive Activities
Install or replace signs in excess Trail directions and way finding;trail location and as determined
of the 25 signs per year as identification;donor recognition;trail closures;necessary by the
required under Exhibit B-1 protection of habitat,species,and geologic and PVPLC
historic features;and education.
Design,install any donor subject to City approval on-going
recoqnition sites.
4
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5
EXHIBIT C
Oceanfront Estates Management
Requirements
4-36
Oceanfront Estates Open Space Lots
Tract Map No.46628
Lot Acres Use Maintenance Responsibilities
Habitat areas by PVPLC;
80 14.17 Pre-existing and revegetated perimeter ornamental
CSS habitat landscaping and fencing by
homeowners'association
Habitat areas and trails by
81 5.36 Revegetated CSS habitat and PVPLC;perimeter ornamental
trail landscaping and fencing by City
or homeowners'association
Revegetated CSS habitat and Habitat areas and trails by
PVPLC;other "hard"trails,off-street parking lot,infrastructure by City;perimeter8246.54 sewer pump stations (2)and
underground slant drain access ornamental landscaping and
point fencing by City or homeowners'
•association
Habitat areas by PVPLC;
83 2.80 Pre-existing and revegetated perimeter ornamental
wetland habitat landscaping and fencing by
homeowners'association
Perimeter ornamental '."
84 1.02 Ornamental slope landscaping landscaping and fencing by
homeowners'association
Trail and ornamental
85 0.25 Pedestrian access corridor landscaping by City;perimeter
fencing by homeowners'
association
Ornamental landscaping by City;
86 0.18 Wildlife access corridor perimeter fencing by
homeowners'association
4-37
Oceanfront Estates Open Space lots
4-38
EXHIBIT D
D'onor Recognition Naming Criteria
and Approved Sites
4-39
Trails $100.000
ApprOXimately twenty miles of trails traverse the preserve,and naming opportunities
exist for all of the major trails.The IraU names will be shown on all of Ihe maps of Ihe
preserve.on trail signs at the trailhead and at trail intersections.Donors will also be
recognized at the Del Cerro Donor Recognition Site.
Scenic Points.. . . . . . . . . . . . . . . . . . . . . . . . . .$25(}.(}OO
These arc dramatic overlooks within the r __-.""••,.,.,••••.
preserve.Permanent markers,designed for
each site as approprtate,will be placed at
the overlook and will recognize donor
support.Recognition could be a plaque.
bench,or other amenity to be detennined.
Contrtbutions will also be noted at the Del
Cerro Donor Recognition Site.Edu<:ation Center .•...•....................$1.5 million
Within the Gateway Park an education center will
wekome people of all ages to learn about the unique
features of the presen'e.A large sign with the donor's
name will mark the area,and all materials will refer to
the facility by the donor's name.You will also be
recognized at the Del Cerro Donor Recognition Site.
Del Cel'l'o DonoI'Recognition Site
A donor recognition site will b~created at D~l Ccrro Park to
recognize all contributions of $37,000 or more with permanent
markers overlooking the magnificent slopes of Portuguese
Bend.An easy pathway from the parking lot will bring the donor
La the viewpoint,where a significant and permanenL recognlUon
marker.including seating and signage,will be placed.
\Vilderm:ss Areas $1 million
There are several unique natural areas in the preserve and each area will have the
opportunity for a clearly visible sign in a public location.It will be referred to in all
materials 3S the Donor Name \Vildcrness Area.A special recognition for each
vViiderness Areil will be purt of the Del Cerro Donor Recognition Site.
Gateway Park.. . . . . . . . .$2 million
Adjacent to Palos Vcrd~s Drive South there will be a
Ge::lteway Park for the entire preserve.Additional
development within this area may include an
equestrian ~cntcr.educational kiosks.and picnic areas.
The Gateway Park will fe<:lturc the donor's name and be
prominently displayed on a sign welcoming visitors to
the preserve.The donor's contribution would also be
recognized at the Del Cerro Donor Recognition Site.
4-40
Proposed Donor Recognition Site at Abalone Cove
Proposed Donor Recognition Site at Portuguese Point
4-41
Proposed Donor Recognition Site at Lower Point Vicente
4-42
Proposed Donor Recognition Site overlooking the Education Center
4-43