PVPUSD MOU (1997) t
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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
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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-
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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.
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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
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