MAYOR AND MEMBERS OF THE CITY COUNCIL
LEASE WITH YVONNE YAMASHITA FOR ANNIE’S STAND AT ABALONE COVE
1) Approve the new
lease with Yvonne Yamashita for Annie’s Stand at Abalone Cove Shoreline
Park; and 2) authorize the Mayor and City Clerk to execute the lease agreement.
James Ishibashi and
his family have operated a produce and flower stand at Abalone Cove Shoreline
Park since 1978. The original lease was executed on May 30, 1978 between
Los Angeles County and Mr. Ishibashi shortly after the County acquired
the property as a public park. The lease was renewed on September 3, 1981
for an initial term of two years and then converted to a month-to-month
arrangement. In 1983, the City entered into an agreement with the County
to operate and maintain the Abalone Cove property. On January 10, 1984,
the City sent a letter to Mr. Ishibashi indicating that the terms of the
County lease would continue to remain in effect under the City’s management.
In 1988, the City assumed ownership of the property from the County. The
City’s records show that the amount of rent that has been paid for use
of this property is $275.00 per month, or $3,300 per year.
Following the passing
of Mr. Ishibashi earlier this year and the fact that Annie’s Stand has
been closed for some time, staff felt that it was an appropriate time
to review the status of the current lease. On June 18, 2002, staff sent
a letter to Yvonne Yamashita, James Ishibashi’s daughter, regarding that
status of Annie’s Stand. Ms. Yamashita has worked at the family’s produce
stand for many years and has been managing the stand with her father for
the last several years. Ms. Yamashita indicated to staff that she is interested
in entering into a new lease with the City and continuing to operate the
produce stand at Abalone Cove. Although the stand has been closed for
much of this year, Ms. Yamashita has kept current with the rental payments
and is currently paid up through June 30, 2002.
Based on Ms. Yamashita’s
desire to continue to operate Annie’s Stand, staff has prepared and the
City Attorney’s Office has reviewed the draft lease agreement, which is
attached for the Council’s review.
Once the most predominant
land use activity on the Palos Verdes Peninsula, agriculture has diminished
over the last few decades to only a few remaining areas. Entering into
new lease with Ms. Yamashita for Annie’s Stand at Abalone Cove Shoreline
Park would preserve the last remaining roadside produce stand in the City.
Perpetuating this use of the City’s property would be consistent with
the policies of the General Plan to "encourage continued operation
of existing produce and flower stands" (General Plan Page 100).
The total rent that
the City receives for the use of property at Abalone Cove Shoreline Park
is $3,300 per year. By entering into new lease agreements with Mr. Ishibashi’s
daughter, Yvonne Yamashita, the City will continue to receive $3,300 in
General Fund revenue per year for the use of this property. Due to the
City’s long-term relationship with the Ishibashi family and the fact that
this is the last remaining produce stand in the City, staff is not recommending
an increase in rent.
Draft Lease Agreement
for Annie’s Stand at Abalone Cove Shoreline Park
CITY OF RANCHO PALOS VERDES AND YVONNE F. YAMASHITA
THE LEASE OF CITY PROPERTY
ABALONE COVE SHORELINE PARK
A FRUIT, VEGETABLE AND FLOWER ROADSIDE STAND
THIS LEASE AGREEMENT
("Lease"), is made and executed as of the ___ day of ________________,
2002, by and between the City of Rancho Palos Verdes, a municipal corporation
of the State of California, hereinafter called "City" and Ms.
Yvonne F. Yamashita, hereinafter called "Lessee," who agree
- City shall lease
a portion of the Abalone Cove Shoreline Park property, located at 5970
Palos Verdes Drive South, including the structure known as "Annie’s
Stand," hereinafter called "Premises," that is depicted
on the plan designated as Exhibit "A" attached hereto and
incorporated by reference herein.
- The term of the
lease is for 60 months, commencing on July 1, 2002, and ending on June
- The annual rental
payment shall be $275.00 per month, payable in advance. Payment shall
be made to the City of Rancho Palos Verdes.
- Lessee shall neither
transfer nor assign this lease or any property being leased from City
without prior permission in writing from the City Manager of the City.
- Lessee accepts
the Premises in its present state and condition and waives any and all
demand upon City for alteration, repair, or improvement thereof. No
new structures of any kind shall be placed on the site, and the existing
structure shall not be altered (except normal repairs and maintenance),
expanded or moved on the property without prior written consent of the
City Manager of the City. Lessee shall remove any personal property
installed or placed on the Premises by Lessee prior to the termination
of this Agreement, and in the event of the failure to do so, title thereto
shall vest in City or shall become the property of City upon the termination
of this Agreement.
- Use of Premises
shall be limited to a roadside produce stand selling fruit, vegetables
and flowers only. Hours of operation shall be limited to 9:00 AM and
5:00 PM each day that the stand is open. Lessee shall chain and lock
the driveway entrances to the Premises parking area when the produce
stand is closed and shall provide City with the lock combination or
a copy of the key. No person shall be permitted to reside on the Premises.
- Lessee shall assume
the risk of loss, damage or destruction due to theft, fire and casualty
of any and all fixtures and personal property belonging to Lessee that
are installed or placed on the Premises.
- Lessee shall not
change or alter the existing advertising signs or add new signage on
the Premises without prior permission in writing from the City Manager
of the City.
- City may inspect
Premises at any time and for any purpose.
- Lessee agrees
to defend, indemnify and hold harmless City, its officers, agents and
employees from any and all claims for loss, damages, injury or death
to persons or damage to or loss of property, including attorney’s fees
and court costs, arising out of the use of the Premises by Lessee, or
by his employees, guests and visitors.
- Lessee shall obtain
and keep in full force and effect during the term of this Agreement
workers' compensation insurance, in accordance with the requirements
of the California Labor Code and any other applicable laws, and a policy
of general liability insurance. In addition, Lessee shall obtain and
keep in full force and effect insurance in an amount sufficient to cover
all equipment, inventory and other personal property of Lessee that
is kept on the Premises in accordance with the provisions of this Agreement.
All such insurance policies shall be issued by insurance companies admitted
to do business in the State of California with a Best’s rating of at
least A. The policy of liability insurance shall: (a) name City and
its officers, agents and employees as additional insureds; (b) shall
insure and protect City and its officers, agents, and employees from
and against any and all liability arising out of or connected with the
use by the Lessee of the Premises; (c) shall provide a combined single
limit for the liability covered in the amount of $500,000; and (d) be
noncancellable without thirty days prior written notice thereof to City.
Lessee shall file with the City Clerk either certified copies of said
policies or a certificate of insurance for each of the required policies
executed by the company issuing the policy certifying that the policy
is in force and providing the following information with respect to
- The policy number;
- The date upon
which the policy will become effective and the date upon which it
- The names of
the named insured and any additional insureds;
d.The subject of the
e.The type of coverage
provided by the insurance;
- The amount or
limit of coverage provided by the insurance;
- A description
of all endorsements that form a part of the policy; and
- An endorsement
stating that City and its officers, agents and employees are named
as additional insureds under the liability policy. Lessee's authorized
activities on the premises shall be suspended during any period that
Lessee fails to maintain said policies in full force and effect.
- Lessee agrees to
comply with all applicable regulations of City and to maintain the Premises
in a clean and sanitary condition. Lessee shall be responsible for insuring
that the Premises will be protected against damage or destruction by
fire or other causes. Lessee shall repair any and all damage to the
Premises arising out of Lessee’s activities thereon. Lessee shall provide
and pay for all utilities required to conduct the activities permitted
by this Agreement. Lessee shall remove all equipment and other personal
property from the Premises upon the termination of this Agreement and
shall leave the Premises in the manner in which it was found, ordinary
wear and tear excepted, and damage or destruction not caused by the
use of the property by Lessee excepted.
- Lessee agrees
to pay before delinquency all lawful taxes, assessments, fees or charges
which at any time may be levied by the State, County, or any tax or
assessment-levying body upon the right of use acquired by this Agreement,
as well as all taxes, assessments, fees and charges on the equipment
used and merchandise sold in connection with the authorized activities
on the premises.
- This Agreement
contains the entire agreement between the parties relating to the rights
herein granted and the obligations herein assumed. Any subsequent modification
to this Agreement shall be in writing and executed by both of the parties
- Any waiver by
City of any breach of any one or more of the terms of this Agreement
shall not be construed as a waiver of any subsequent or other breach
of the same or of any other term thereof, nor shall failure on the part
of City to require exact, full, and complete compliance with any of
the terms of this Agreement be construed as in any manner as changing
the terms thereof or estopping City from the enforcement thereof.
- If any of the
provisions in this Agreement are unenforceable, the balance shall be
- In the event of
any controversy or dispute regarding this Agreement or breach thereof,
the prevailing party shall be entitled to recover from the losing party
reasonable attorney's fees and court costs.
- This Agreement
shall be interpreted under the laws of the State of California.
- Either party may
terminate this Agreement by giving the other party written notice at
least thirty (30) days prior to the date when the termination is to
- Address for payments
of rent and notices shall be sent to:
City:City of Rancho
30940 Hawthorne Boulevard
Rancho Palos Verdes,
Attention: City Manager
5521 Palos Verdes
Rancho Palos Verdes,
IN WITNESS WHEREOF,
the parties hereto have executed this Lease as of the day and year first
Yvonne F. Yamashita
OF RANCHO PALOS VERDES: