Portuguese Bend Cooperative Nursery School (1983) AGREEMENT
THIS AGREEMENT is deemed made and entered into as of the 5th
day of April, 1983 .
BY AND BETWEEN CITY OF RANCHO PALOS VERDES, a body
corporate and politic, hereinafter referred
to as "City"
AND PORTUGUESE BEND COOPERATIVE NURSERY SCHOOL,
hereinafter referred to as "School"
WITNESSET H:
WHEREAS, City is the leasee of certain real property which is
not required exclusively for its use; and
WHEREAS, School is desirous of using, on a nonexclusive basis,
a portion only of said real property;
NOW, THEREFORE, in consideration of the foregoing and of the
mutual conditions, promises and covenants hereinafter contained,
the parties hereto hereby agree as follows:
1 . PREMISES SUBJECT TO THIS AGREEMENT: School is hereby
granted permission to utilize, in accordance with the following
terms and conditions, the following real property:
that portion of Abalone Cove Beach just east of Abalone
Cove Beach Lifeguard Station described as a playground
area, consisting of two small sheds within a fenced
area.
2 . PURPOSE AND SCOPE OF AGREEMENT: Permission pursuant to
this agreement may only be exercised by School for the purpose of
conducting a non-profit parent participation day care nursery
school.
#800Y-B17
3. TERM OF AGREEMENT: The term of this Agreement shall
commence on September 8 , 1983 , and terminate on September 7 , 1984 ,
unless cancelled sooner upon 30-day notice by either party to the
other party.
4. CONSIDERATION: Permission pursuant to this Agreement may
only be exercised by School in the event School remits to the City
of Rancho Palos Verdes the amount of ONE HUNDRED & THIRTY-THREE
DOLLARS ($133 .00 ) as total consideration. Payment should be to
the City of Rancho Palos Verdes City Treasurer, 30940 Hawthorne
Boulevard, Rancho Palos Verdes, CA, 90274 , Attention: Ms. Julie
Christensen.
5. OPERATIONAL RESPONSIBILITIES: School shall:
a. Comply with and abide by all applicable rules and
regulations adopted by City of Rancho Palos Verdes, County Engineer,
and the County Department of Beaches.
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.
d. Operate without interfering with the use of Abalone
Cove Beach by the public and City; and remove any agent, servant,
or employee who fails to conduct the authorized activities on the
premises in the manner heretofore described. Vehicles exceeding
6 ,000 pounds gvw are prohibited from the entire beach premises,
including the beach parking lot area.
(2 )
e. Repair any and all damaged property arising out of
the conduct of the authorized activities on the premises.
f. Upon termination of this Agreement, restore the area
occupied to the conditions 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 School.
g. Permit the City Manager and/or his authorized represen-
tatives to enter the area occupied at any time for the purpose of
determining whether the authorized activities are being conducted
in compliance with the terms of this Agreement, or for any other
purpose incidental to the performance of the duties required by
the Rancho Palos Verdes Municipal Code.
h. Provide all security devices required for the
protection of the fixtures and personal property used in the
conduct of the authorized activities from theft, burglary or
vandalism, provided written approval for the installation thereof
is first obtained from the City Manager.
i. Prohibit advertising signs or matter to be displayed
from the area occupied other than signs displaying the name of
School.
6 . 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 demand
upon City for alteration or improvements thereof.
School shall make no alterations or improvements to the
premises furnished for the conduct of the authorized activities
(3)
without the written approval of the City Manager. All alteration,
additions, or betterments to the premises furnished shall become
the property of City upon the termination of this Agreement.
7 . TAXES: School shall be liable for any and all taxes
which may be levied or assessed upon the personal property and
fixtures belonging to and located on the Agreement area.
8 . EXAMINATION OF PREMISES: School has examined the site
and knows the condition thereof, and accepts the same in its
present condition.
9 . INDEMNITY: School shall indemnify, hold harmless and
defend 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.
10 . RIGHT OF ENTRY: The site at all times shall be open to
the inspection of proper governmental authorities.
11 . AUTHORITY TO STOP: 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, or endangers said property, the
said authorized representative shall require that the above-described
property be closed until said endangering activities cease.
12. DEFAULT: School agrees that if default shall be made in
any of the covenants and agreements herein contained to be kept by
School, City may forthwith revoke and terminate this Agreement.
(4) a -7
13 . ASSIGNMENT: This Agreement is personal to School and in
the event School shall attempt to assign or transfer the name in
whole or part all rights hereunder shall immediately cease and
come to an end.
14 . 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 aggregate limit.
a. The liability insurance required hereunder 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. Said policies of insurance shall be written as
primarypolicies and not as contributing with or in excess of
coverage which the City may carry.
b. Said liaibility insurance policies shall name the
City, its officers, agents, servants and employees as additional
named insureds. Certificate of all policies required hereunder
shall be furnished by School to City and shall specifically
provide that the insurance coverage provided shall not be cancelled
or materially changed prior to the expiration of 30 days' written
notice to City. The certificates shall bear the actual signatures
of authorized agents of the insurer; a facsimile signature shall
not be accepted.
c. School shall file with City prior to commencement of
this Agreement either certified copies of said policy or a certif i-
cate of insurance executed by the company issuing the policy,
certifying that the policy is in force and providing the following
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information with respect to said policy:
(5)
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
insureds.
4 . Subject of the insurance.
5 . The type of coverage provided by the insurance.
6 . Amount of limit of coverage provided by the insurance.
7 . A description of all endorsements that form a part of
the policy.
15 . NOTICES: School will notify the City in writing at least
30 days prior to the expiration of this Agreement. . Notices
desired or required to be given by this Agreement or by any law
now or hereinafter in effect may be given by enclosing the same in
a sealed envelope addressed to the party for whom intended and by
depositing such envelope with postage prepaid in the U.S. Post
Office or any sub-station thereof, or any public letter box, and
any such notice and the envelope containing the same shall be
addressed to the School as follows:
Portuguese Bend Cooperative Nursery School
1148 Elberon Ave.
San Pedro, CA 90732
Attn: jejfe-aticralsiii:LnzaiLv."39 0,k
or such other place as may hereinafter be designated in writing by
the School, and the notice and envelopes containing the same to
City shall be addressed to:
City of Rancho Palos Verdes
City Manager
30940 Hawthorne Blvd .
Rancho Palos Verdes, CA 90274
(6 )
IN WITNESS WHEREOF the parties hereto have hereinafter set
their hands and seals on the date written
DATE: „ /, CITY OF RANCHO PALOS VERDES
/
r
By 4
•bert E. Ry ,,/ ayor
DATE: PORTUGUESE BEND COOPERATIVE NURSERY SCHOOL
A2 _9, 1
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By exe uting kr
LA s b thereby personnally covenants,
guarantees and warrants that she has
the power and authority to obligate
the School to the terms and conditions
in this Agreement.
ATTEST:
By1 ��
Marr/Jo o hul /ity Clerk
DATE:270
APPROVED AS TO FORM:
By
Steve Dorsey, City Attorney
(7 )