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* IF or . <br /> 110 <br /> SECOND AMENDMENT TO THE AMENDED AND RESTATED <br /> AGREEMENT BETWEEN THE CITY OF RANCHO PALOS VERDES <br /> AND THE PALOS VERDES PENINSULA LAND CONSERVANCY, A <br /> NON-PROFIT ORGANIZATION, TO JOINTLY OPERATE AND <br /> MAINTAIN A TRACT OF LAND KNOWN AS THE FORRESTAL <br /> NATURE PRESERVE AND TO CONDUCT ENVIRONMENTAL <br /> EDUCATION PROGRAMS, TOURS, AND EVENTS THAT WILL <br /> ENCOURAGE PARTICIPATION IN THE PASSIVE RECREATIONAL <br /> USE OF THE PRESERVE AS AN OPEN SPACE COASTAL NATURE <br /> PRESERVE AND AUTHORIZE THE USE OF PRIVATELY AND <br /> PUBLICLY RAISED FUNDS FOR THE UPGRADING AND <br /> ENHANCEMENT OF THE PRESERVE FOR USE BY THE PUBLIC AND <br /> TO ENHANCE AND PROTECT HABITAT AND SPECIES LOCATED <br /> THEREON. <br /> This Document is the second amendment to the Operating Agreement <br /> (hereinafter, "the Agreement"), by and between the City and the Palos Verdes <br /> Peninsula Land Conservancy (hereinafter"PVPLC" or "the Conservancy"), a non- <br /> profit organization and the City of Rancho Palos Verdes (hereinafter"the City"). <br /> This Second Amendment is effective as of this 7th day of February, 2006. The <br /> purpose of this Second Amendment is to amend the Agreement to include the <br /> obligations that are being undertaken by the City and the Conservancy pursuant <br /> to a grant of$100,000 from the Department of Fish and Game to the City to <br /> perform certain baseline studies of the species that are present on properties that <br /> are within the Preserve as set forth in greater detail in Exhibit E, which is <br /> attached hereto and incorporated herein by this reference. Except as expressly <br /> amended herein, the Agreement shall remain in full force and effect. Together <br /> with this Second Amendment and the First Amendment, the Agreement sets forth <br /> the agreement between the City and the Conservancy regarding the <br /> management by the Conservancy of certain properties that are owned by the <br /> City. <br /> Section 1. Section 3 of the Agreement is hereby amended to read as <br /> follows: <br /> 3. CONSIDERATION <br /> No rent is required to be paid by the Conservancy to the City for the use of <br /> the Preserve. Although the City is not obligated to pay any compensation to the <br /> Conservancy to manage the Property described in Exhibit "A", the City shall pay <br /> compensation to the Conservancy for the period from January 1, 2006 through <br /> June 30, 2006, in the amount of$50,000, for management of the properties listed <br /> in Exhibit "C" in accordance with the Preserve Management section (Section 6) <br /> of the NCCP Subarea Plan that was approved by the City Council on August 31, <br /> 2004, which is attached hereto as Exhibit "D" and incorporated herein by this <br /> reference. In addition, the City shall pay to Conservancy, a total sum not to <br /> exceed $100,000 to conduct certain baseline studies of species that are located <br /> 800905.7 <br />