Portuguese Bend Cooperative Nursery School (2009) AGREEMENT
This document is to be considered an Agreement to permit utilization of Abalone Cove Beach
for the Portuguese Bend Cooperative Nursery School Program.
TERM: Tuesday, Wednesday, Thursday; 8:30am-12:00pm
September 1, 2009-June 30, 2010
FEE: None; non-profit resident organization status
PREMISES: School is granted permission to use in accordance with the following terms
and conditions, the following real property; that portion of the Abalone Cove Beach just
east of the lifeguard station commonly described as the playground area, consisting of
two small sheds, various playground equipment within a fenced area, and storage,
restroom and kitchen facilities within the adjacent permanent structure.
PURPOSE: Conduct a non-profit parent participation daycare nursery school.
OPERATIONAL RESPONSIBILITIES: School shall:
a. comply with and abide by all applicable rules and regulations adopted by the
City of Rancho Palos Verdes.
b. comply with all applicable City, County, State and Federal laws, and in the
course thereof obtain and keep in effect all permits and licenses required to
conduct the authorized activities on the premises.
c. maintain the area occupied in a clean and sanitary condition at all times,
report to Maintenance Supervisor (544-5252, ext. 249) all vandalism and/or
damage to the facility by man-made or natural causes.
d. operate without interfering with the public use of Abalone Cove Beach; and
remove any employee, agent or servant who fails to conduct the authorized
activities on the premises in the manner heretofore described.
e. prohibit vehicles exceeding 6,000 lbs gross vehicle weight from the entire beach
area, including the beach parking lot. No more than seven vehicles belonging to
the nursery school parents or staff may be parked in the "on beach" parking lot.
f. make certain that all vehicles used for the purpose of delivering/retrieving
participants shall be parked off the road in the cleared space provided at the
ingress/egress gate. At all times the road and its access must be kept clear
for City and emergency vehicles. Failure to abide by this provision will result in
revocation of right of access to the road and imposition of the use of paid parking
at the main lot; or revocation of this permit for beach use.
g. cause to be repaired any and all damaged property arising out of the conduct of
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authorized activities on the premises.
h. upon termination of this Agreement, restore the area occupied to the condition
that existed prior to the commencement of the activities authorized by this
Agreement, other than for ordinary wear and tear, and damage or destruction
from forces beyond the control of the school.
i. provide all security devices required for the protection of the fixtures and personal
property used in the conduct of the authorized activities of the school from theft,
burglary or vandalism, provided written approval for the installation thereof is first
obtained from the Director of Recreation and Parks.
j. prohibit advertising signs or matter to be displayed from the area occupied other
than signage displaying the name of the school.
k. employ an independent lifeguard any time school curricula includes activities in or
near the water.
I. permit the Director of Recreation and Parks or other authorized representatives
of the City to enter the area occupied at any time for the purpose of determining
compliance with the terms of this Agreement, or for any other purpose
incidental to the performance of the duties required by the City of Rancho Palos
Verdes Municipal Code.
ALTERATIONS AND IMPROVEMENTS: School accepts the premises on which the authorized
activities are to be conducted in their present state and condition and waives any and all
demands upon the City for alteration or improvement thereof. School shall make no alterations
or improvements to the premises furnished for the conduct of authorized activities without the
written approval of the Director of Recreation and Parks. All alterations, additions, or
betterments to the premises shall become the property of City upon termination of this
Agreement.
INDEMNITY: School shall indemnify, hold harmless and defend the City, its officers, agents,
servants, and employees from and against any and all acts, omissions, claims,
actions, expenses, and liabilities, including reasonable attorney's fees, arising from or relating
directly or indirectly to school's performance hereunder.
INSURANCE: School shall obtain at its own expense and maintain in effect at all times
during the duration of this Agreement general liability insurance in an amount not less than
$1,000,000 single limit liability.
a. The liability insurance required shall be written by qualified companies listed A or
better in the Best's Insurance Guide and authorized to do business in the State of
California. Policies of insurance shall be written as primary policies and not as
contributing with or in excess of coverage the City may carry.
b. Said liability insurance policies shall name the City, its officers, agents, servants
and employees as additional named insured. Certificate of all policies required hereunder
shall be furnished by the School to the City and shall specifically provide that the
insurance coverage provided shall not be cancelled or materially changed prior to the
expiration of thirty days written notice to the City. The certificates shall bear the actual
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signatures of authorized agents of the insurer; a facsimile signature shall not be
accepted.
c. School shall file with the City prior to commencement of this Agreement either a
certified copy of said policy or a certificate of insurance executed by the company issuing
the policy, certifying that the policy is in force and providing the following information with
respect to said policy:
1. the policy number
2. the date upon which the policy will become effective and the date
upon which it will expire
3. the names of the named insured and any additional insured
subject of the insurance
4. the type of coverage provided by the insurance
5. amount of limit of coverage provided by the insurance
6. a description of all endorsements that form a part of the policy
ABILITY TO STOP: It is understood that the school might need to temporarily relocate
should it become necessary during any improvements to the site that might take place
during the school year
In the event that an authorized representative of the City finds that the activities being held
on the property unnecessarily endanger the health and/or safety of persons on or near said
property, the said authorized representative shall require that the above-described property
be closed until said endangering activities cease.
TERMINATE: The City reserves the right to terminate this Agreement upon ninety (90) days
advance written notice. School agrees that if default shall be made in any of the covenants and
agreements hereby contained to be kept by School, City may forthwith revoke and terminate this
Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
of the day and year first above written.
CITY OF RANCHO PALOS VERDES PORTUGUESE BEND NURSERY SCHOOL
CQ1191,
apt -249 2/ --3/
Larry Clark, ayor Ann Marie Morris, President
ATTEST:
Carla Morreale, City Clerk
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