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Portuguese Bend Cooperative Nursery School (1982) AGREEMENT THIS AGREEMENT is deemed made and entered into as of the 7 day o September , 1982. 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 mututal conditions, promises and convenants 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 . 3. TERM OF AGREEMENT; The term of this Agreement hall commence w on September 14, 1982 , and terminate on 411121.84AW 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, 90274 , Attention: Ms . Julie Christensen. 5. OPERATIONAL RESPONSIBILITIES: School shall : a. Comply with and abide by all applicable rules and regu- lations 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 allP ermits 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 poundsgvw are prohibited rohibited from the entire beach premises , including the beach parking lot area. f. Repair any and all damaged property arising out of the conduct of the authorized acitivities on the premises . g. 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 (2) 6. -3 beyond the control of School. h. Permit the City Manager and/or his authorized repre- sentatives 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. i. 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. j . 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 pre- sent 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 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. (3) • . 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. IDEMNITY: School shall idemnity, 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 repre- sentative 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. 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. (4) 14 . INSURANCE: School shall obtain at its own expense and maintain in effect at all times during the duration of this Agree- ment general liability insurance in an amount not less that $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 primary policies and not as contributing with or in excess of coverage which the City may carry. b. Said liability 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 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 insureds . 4. Subject of the insurance . (5) . 5. The type of coverage provided by the insurance. f. Amount or limit of coverage provided by the insurance . g. 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 herein- after 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 Coonerative Nursery School I148 Elberon Ave San Pedro, CA 90732 Attn: Kathleen Davis . 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 herinafter set their hands and seals on the date written DATE: //,2 CITY OF RANCHO PALOS VERDES 1 v By AidAt '. #Ael: •e r t . 'y n Mayo r PORTUGUESE BEND COOPERATIVE NURSERY SCHOOL DATE: '99/7/Ya4Ake //7- 4.-A,(RidaLa/eat44)(5 Kat` leen Davis , Presient By executing this Agreement , Kathleen Davis hereby personnally covenants , guarantees and warrants that she has ATTEST. theower and authority to obligate P the School to the terms and condi- tions in this Agreement. By: -- - 1 MA NIL= FTHU City Clerk- --Date: APPROVED AS TO FORM: By Steve Dorsey, City Attorney (7) 4 1 'r 7 I REPAIRS/MAINTENANCE TO BE DONE 9/18/82 AT ABALONE COVE BY PORTUGUESE BEND CO-OP NURSERY SCHOOL REPAIR FENCE (FLAGSTONE AREA WHERE TREE CAME DOWN) SANDING LOOSE PAINT, REPLACING PLAY HOUSE ON WALL FACING TOWER REPAIR SLIDE, REMOVE WOODEN PLAY STRUCTURE FROM SAND AREA; CLIMBING STRUCTURE WILL BE BROUGHT DOWN AT THIS TIME AND PUT IN SAND AREA FADING OCEAN GEN1RAL CLEAN UP ; SAND RAKED, WEEDED. WOMEN''S DRESSING ROOM AREA AND TOILET CLEANED.