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PVPUSD MOU (1997) t •IV 4. • MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO PALOS VERDES AND THE PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT FOR THE TEMPORARY OPERATION OF A PUBLIC PARK ON THE PORTUGUESE BEND SCHOOL SITE 1. This "Memorandum of Understanding" is made and entered into this 29th day of April, 1997, by and between the City of Rancho Palos Verdes ("CITY") and the Palos Verdes Peninsula Unified School District ("DISTRICT') with respect to the following facts and circumstances: the purpose of this "Memorandum of Understanding" is to provide a written operational understanding for the use of Portuguese Bend School site by the City of Rancho Palos Verdes. a. The DISTRICT owns a 21.9 acre school site which has been used by the CITY for use as a park recreation area since 1981 (hereinafter referred to a ("SITE") as generally described below and shown on Exhibit A attached hereto). The DISTRICT is presently evaluating the long term use of this SITE. b. The CITY would like to continue to use the SITE as a public park and recreation area. c. The portion of the school SITE to be used by the CITY is generally described as the Portuguese Bend School site, described hereon as: That portion of Lots 90 and 91 of L.A.C.A. No 51, in the County of Los Angeles, State of California, as per map recorded in Book 1 Page 1 of Assessor's Maps, in the office of the Recorder of said County, described as follows: Beginning at a point on the northwesterly prolongation of the southwesterly line of Forrestal Drive, 60 feet wide, as shown on the map of Tract No. 26414, recorded in Book 677 Pages 72 to 74 inclusive of Maps, in the office of the Recorder of said County, which point bears North 25° 51' 23" West 625.00 feet from the most northerly corner of Lot 5 of said Tract Nol. 26414, said point being the most northerly corner of the property described in the deed to the Palos Verdes Peninsula Unified School District of Los Angeles County, recorded June 8, 1966, as Document No. 1236 in Book D-3327 at Page 927 of Official Records, in the office of the Recorder of said county; thence along said northwesterly prolongation North 25° 51' 23" West 200.00 feet to the beginning of a tangent curve concave southwesterly which has a radius of 1570.00 feet; thence northwesterly along said curve through a central angle of 31° 53' 37" an arc distance of 873.94 feet to the end of said curve; thence tangent to said curve North 57° 45' 00" West 250.59 feet; thence South 34° 01' 47" West 674.00 feet; thence South 13° 28' 13" East 40.69 feet; thence South 34° 01' 47" West 368.26 feet to a point in the northerly boundary line of Tract No. 22835 as per map thereof recorded in Book 603 Pages 62 to 65 inclusive of Maps, in the office of the Recorder of said County; thence along said north line South 71° 53' 39" East 678.47 feet to an angle point therein; thence along the northeasterly line of said Tract No. 22835, and the northeasterly line of Tract No. 22387 as per map recorded in Book 603 Pages 66 to 69 inclusive of Maps, in the office of the Page 1 of 4 . • Recorder of said County, South 54° 46' 15" East 238.31 feet to the most westerly corner of the property described in the hereinbefore mentioned deed to the Palos Verdes Peninsula Unified School District of Los Angeles County;thence North 64° 08' 37" East 676.15 feet to the point of beginning. 2. DISTRICT hereby grants the CITY permission to continue to use and maintain the SITE as a public park and recreation area. No improvements shall be made to the site without prior approval from the DISTRICT. 3. Any grading and construction work performed by the CITY or its designee at the SITE shall be at the CITY'S sole cost and expense. All plans and specifications for installation of any improvement must be approved by the DISTRICT in advance. 4. The CITY agrees to maintain and repair the SITE and all improvement and facilities and equipment placed thereon in good condition during the term of this "Memorandum of Understanding,"without limitation,the performance of any required weed abatement work. The CITY shall pay all utility and other operational costs associated with the SITE. 5. CITY shall not limit use of the recreation SITE to any one organization. DISTRICT may use the recreation SITE for up to four hours of each school day for DISTRICT-supervised recreational activities upon obtaining prior permission of the CITY. However, such permission shall not be unreasonably withheld. In such event, DISTRICT will share in the cost of maintenance of the recreation SITE in such amounts as the CITY and the DISTRICT shall determine. 6. CITY may set and retain fees charged residents of the DISTRICT and/or of the CITY for participation in recreational activities on the recreation SITE. CITY shall retain all revenue derived from concessions it operates, and shall also retain any commissions received for concession privileges granted by it. 7. The term of this "Memorandum of Understanding" shall be for a period of five (5) years. The DISTRICT and CITY shall have the right to terminate without reason or recourse this "Memorandum of Understanding" at any time during the five (5) year period with ninety (90) days notice of either party. 8. CITY shall indemnify, defend and hold DISTRICT, its Board of Education, officers, agents and employees free and harmless from any liability or claim of liability for loss, damages, injury or death to persons, or damage to or loss of property including DISTRICT property, arising out of any one or more of the following: a. CITY'S use of the SITE or any building, facilities or equipment located thereon for any purpose whatsoever. b. The grading, construction, modification, repair and maintenance of the SITE and the improvements at the SITE. c. The claim of any lien or claim by any laborer, mechanic, or materialman for or in respect to all or any of the work and/or activity described in sub- Page 2 of 4 ub-Page2of4 • • paragraph (b) above. d. Removal of all improvements (or such improvements as are designated by DISTRICT) of and from the SITE upon termination of CITY'S use hereunder. 9. CITY shall keep in full force and effect during the term of this "Memorandum of Understanding" a public liability insurance policy which names the DISTRICT, its Board of Education, officers, agents, and employees, as additional insureds, insuring them from and against any and all liability arising out of or connected with the use by the CITY or the DISTRICT of the SITE or any buildings, facilities, or equipment located thereon. Said insurance policy shall not be canceled without giving the DISTRICT thirty (30) days advance written notice thereof. All public liability insurance required hereunder shall be in the minimum of One Million Dollars ($1,000,000) personal injury and One Million Dollars ($1,000,000) property damage, each occurrence. 10. CITY shall not be liable for injury or death to any person or damage to any property arising from or the negligent or intentional acts or omission of the DISTRICT, its Board of Education, officers or agents and employees, except to the extent that such liability is caused by the negligence or intentional acts or omissions of the CITY. 11. The provisions of this "Memorandum of Understanding" may not be changed or modified except by an instrument in writing duly executed by the parties hereto. 12. DISTRICT and CITY agree to abide by and conform to any and all laws, rules, regulations and ordinances of all governmental agencies having jurisdiction pertinent to this "Memorandum of Understanding." 13. Should either party to this "Memorandum of Understanding"fail in any respect to comply with its terms and provisions, notification in writing of the matters in regard to which default is claimed may be made to the defaulting party, and if that party does not either (i) cure such default within ninety (90) days after the giving of such notice, or (ii) commence within said ninety (90) day period to rectify such default and continue thereafter to use due diligence to rectify such default until it is fully rectified and cured, then the non-defaulting party may cancel this "Memorandum of Understanding" at any time thereafter during the continuance of such default by giving written notice to the defaulting party of such election to terminate. 14. This"Memorandum of Understanding" contains the entire agreement between the parties concerning the subject matter hereof,and no prior agreement or understanding pertaining to this subject shall be effective for any purpose. 15. If any provision of this "Memorandum of Understanding" or the application thereof to any person or circumstance is held invalid, the remainder of the "Memorandum of Understanding" and the application of such provision to other persons or circumstances shall not be affected thereby. 16. All rights and obligations hereunder shall inure to and be binding upon the successors in interest of the parties. Any assignment of rights or obligations hereunder shall be void. Page 3 of 4 a • • • / 17. Any notices required hereunder shall be deemed made upon deposit in the U.S. Mail with first-class postage affixed and addressed to CITY at: City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 Attention: City Manager and to DISTRICT at: Palos Verdes Peninsula Unified School District 3801 Via La Selva Palos Verdes Estates, California 90274 Attention: Assistant Superintendent, Business Services IN WITNESS WHEREOF, the parties hereto have executed this "Memorandum of Understanding" as of the date first written above. CITY OF RANCHO PALOS VERDES By/ � AA • MAYOR dr ATTEST: If CLERK PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT By Michael F. Escalante Assistant Superintendent, Business Services ATTEST: Carleen Vose Director Fiscal Services Page 4 of 4 ,v,9 • . ! - 7 g.;____.g.:#. 3N v • .s _ 06.107 . �� ' - • s. 8 i 4'03 +. .'• ;- `; ,14,1 /I(. , .. 509.0 'e1v 771 g3V0.1 4,. IIN.') 06 107 litl 'i 5 ,- ; :v :NS . i . a - . . . :4In ' cr) 1 P \ . 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