1987-2037 DSUSD Joint Use Lease of Sports ComplexRECORDING REQUES._J BY
AND WHEN RECORDED MAIL TO:
DESERT SANDS UNIFIED SCHOOL DISTRICT
LA QUINTA JOINT -USE LEASE
(SPORTS COMPLEX)
THIS LEASE is made and entered into this 3rd day
of November , 1987, by and between the DESERT SANDS
UNIFIED SCHOOL DISTRICT, hereinafter referred to as
"Lessor," and the CITY OF LA QUINTA, a municipal
corporation, hereinafter referred to as "Lessee."
RECITALS
WHEREAS, Lessor is the owner of certain real
property located in the City of La Quinta, consisting of
approximately thirty-six acres; which is intended for use as
an elementary and middle school site (hereinafter referred
to as the "Site"); and
WHEREAS, Lessee desires to lease from Lessor, on
the terms and conditions hereinafter set forth, a portion of
the Site on which a sports complex will be constructed (the
"Complex");
NOW, THEREFORE, in consideration of the mutual
covenants and conditions contained herein, the City of
La Quinta and the Desert Sands Unified School District agree
as follows:
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1. Lease of Premises. Lessor hereby leases to
Lessee that certain portion of the Site, (the "Premises")
more particularly described in Exhibit "A" entitled
"Description of Completed Facilities," attached hereto and
incorporated herein by reference, subject to all of the
terms, covenants and conditions hereinafter set forth.
2. Term. The term of this Lease shall be for
fifty (50) years commencing on the date of execution of this
Lease, and may be extended an additional 49 years if
mutually agreed upon by the parties hereto.
3. Rental. Concurrent with the execution of this
Lease, Lessee shall pay to Lessor the sum of One Dollar
($1.00) as full rental for the Premises for the term of this
Lease and any extension hereof.
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4. Design and Use of Complex.
A. Lessor, employing and utilizing competent
professional planners, shall develop a master plan for the
Complex which shall, to the greatest extent possible,
provide for the incorporation of the Complex into the Site
without adversely affecting the full and proper functioning
of adjacent schools. Such master plan shall be subject to
the approval of Lessee.
B. The Complex shall be constructed as to
include and accommodate, but not be limited to, public uses
such as baseball, football, basketball, soccer, tennis,
vehicle parking, restrooms, drinking fountains, bleachers
and equipment storage facilities.
C. In the development and construction of
the Complex, Lessor shall cooperate with local youth sports
associations, the Coachella Valley Recreation and Park
District, and such other agencies as may be necessary or
appropriate.
D. Lessor shall be solely responsible for
all expenses associated with the development and
construction of the Complex, all of which shall be performed
in accordance with preliminary plans approved by Lessor and
Lessee. Such preliminary plans shall be prepared pursuant
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to the master plan designed for the Complex and shall
provide for first class quality construction, to the
satisfaction of Lessor and Lessee, of all facilities
proposed for construction and installation on the
Premises.
5. Miscellaneous Facility Improvements. In
addition to the improvements described in Exhibit "A,"
Lessor shall construct for utilization by Lessor and Lessee
the following improvements which are intended to mitigate
potential security, health and safety problems which may
arise from use of the Site including, but not limited to:
a. Fencing;
b. Parking, a park site concession
stand and maintenance/storage
facilities;
C. Permanent Restrooms - Portable
restrooms shall not be allowed; use
of school restrooms shall not be
allowed except for functions during
which school buildings are utilized;
d. Multi -Purpose building;
e. Separate utility service and
metering;
f. Amphitheater; and
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g. Garbage dumpsters and wall
enclosures.
6. Use of Adjacent Site and Park Property.
Lessor shall allow Lessee full use of the Site, including
parking facilities and other improvements. Lessee shall
correspondingly allow Lessor to utilize all future adjacent
parkland developed in connection with the Lessor's
educational programs. To the extent possible, Lessee shall
allow Lessor to lease and utilize such parkland for the
purpose of constructing buildings and improvements thereon
under terms and conditions similar to those contained in
this Lease.
7. Use of Vacated Adams Street Right -of -Way.
Lessee shall have the right to utilize the abandoned 44-foot
Adams Street right-of-way owned by Lessor for park
development and the construction of improvements thereon;
provided, however, that no existing facilities, such as
sidewalks, drainage improvements shall be modified and, in
no event, shall Lessee utilize the abandoned right-of-way
for drainage of the park site without the prior written
consent of Lessor. Lessee shall further obtain Lessor's
written consent prior to constructing any improvements in
the Adams Street right-of-way; provided, however, that
Lessor shall not unreasonably withhold its consent.
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8. Assignment, Sublease. The Premises, and any
portion thereof, shall not be sublet without the prior
written consent of Lessor; provided, however, that Lessee
shall not be prohibited from entering into agreements with
public or private organizations or persons for maintenance
and use of the Complex or portions thereof, upon the express
further condition that the Complex shall remain fully
available for use of the general public and such uses
desired and arranged by Lessor as provided in Paragraph
10. This Lease shall not be assigned without the prior
written consent of Lessor, which consent shall not be
unreasonably withheld, and any attempted assignment without
such consent shall result in the immediate termination of
this Lease.
9. Ownership of Constructed Facilities. All
facilities and equipment installed or constructed upon the
Premises shall become the property of Lessor, and upon
termination of this Lease, shall be subject to sale in
accordance with the terms and conditions of Paragraph 15.
10. Reservation of Rights in Lessor. Lessor may
request a short term reservation, not to exceed 3 days, for
the use of the Complex, or any portion thereof, at any time
and have exclusive use while school is in session. Lessee,
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to the extent that such request does not conflict with
previously made schedules or commitments, shall accommodate
Lessor's request. Lessor shall have the right to construct,
erect, and locate facilities, buildings or improvements on
portions of the Complex property, provided such facilities
are necesssary for classroom purposes. Lessor shall exhaust
all reasonable alternatives and remedies to provide
classroom facilities at other locations prior to utilizing
the Complex property; provided, however, that Lessor shall
in no event construct any building, facilities, or
improvements on any portion of the Complex which has been
improved, planted or landscaped with the use of La Quinta
Redevelopment Agency funds as provided in paragraph 16.
11. Inspection of Premises. Lessor shall have the
right to inspect the Premises and all improvements
constructed thereon at any time during normal business
hours.
12. Hold Harmless.
A. Lessee shall defend, indemnify and hold
Lessor, its officers, agents, employees and independent
contractors free and harmless from any claims, demands,
debts, suits, actions, causes of action and any liability
whatsoever, including wrongful death, and including
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attorney's fees, arising out of or in connection with any
negligent act or omission of Lessee, its officers, agents,
employees and independent contractors, associated with the
use of the Premises or the performance of their rights and
obligations under this Lease. Lessee agrees to name Lessor
as an additional primary insured under any policy of
insurance or self insurance provisions that Leasee may have
at any time during the term of this Lease, and a certificate
of insurance evidencing the same shall be delivered by
Lessee to Lessor upon Lessor's request.
B. Lessor shall defend, indemnify and hold
Lessee, its officers, agents, employees and independent
contractors free and harmless from any claims, demands,
debts, suits, actions, causes of action and any liability
whatsoever, including wrongful death, and including
attorney's fees, arising out cf or in connection with any
negligent act or omission of Lessor, its officers, agents,
employees and independent contractors, committed by Lessor
on that portion of the Site which does not constitute a
portion of the Premises. Lessor agrees to name Lessee as an
additional primary insured under any policy of insurance or
self insurance provisions that Lease may have at any time
during the term of this Lease, and a.certificate of
insurance evidencing the same shall be delivered by Lessee
to Lessor upon Lessor's request.
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13. Utilities. Lessor shall provide and cause to
be installed, at no expense to Lessee, all utility services
required for the Complex in accordance with the master plan
approved by Lessor, including but not limited to, electric,
gas, water, refuse and sewage disposal, the usage and
service fees for which shall all be paid by Lessee.
14. Waste. Lessee shall not commit, or allow to
be committed, any waste to the Premises or permit any
nuisances to be committed thereon, nor shall Lessee perform
any act which unreasonably interferes with the quiet
enjoyment of the surrounding property.
15. Sale by Lessor. In the event Lessor desires
to divest itself of ownership of the Site, or any portion
thereof, whether or not including all or any portion of the
Premises leased hereunder, by sale or otherwise, Lessee
shall have the right of first refusal to purchase the
property intended to be sold, in accordance with the then
current laws of the State of California governing
disposition of publicly owned property.
16. Financing of Facilities. Financing of the
improvements described in Exhibit "A" shall be accomplished
by a "pass through" of tax increment from Lessee's
redevelopment project set forth in a separate agreement to
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be executed between the La Quinta Redevelopment Agency and
the Desert Sands Unified School District.
17. Operation and Maintenance of Facilities.
Operation and maintenance of the facilities described in
Exhibit "A" shall be decided annually for the 12 month
period of July 1 through June 30 of each succeeding year by
a Memorandum of Understanding to be negotiated and agreed
upon prior to the beginning of any annual maintenance year
and before July 1 of any succeeding year.
18. Compliance with Law. Lessor and Lessee shall
comply with all statutes, rules, regulations and ordinances
relating to the use of the construction amount and use of
Complex, Premises and Site, whether state, federal or local.
19. Waiver. No waiver by Lessor of any term or
condition hereof shall be construed as a waiver of any other
term or condition of this Lease, or of the strict and timely
performance by Lessee of such terms and conditions.
20. Severability. The invalidity of any term or
provision of this Lease as determined by a court of
competent jurisdiction shall in no way affect the validity
of any other term or provision hereof.
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21. Notice. Any notices required or permitted to
be served by either party upon the other may be made by
personal delivery or by regular mail to such party at the
respective addresses as set forth below, or at such other
addresses as from time to time may be designated by the
respective parties:
Lessor: Lessee:
Desert Sands Unified School District City of La Quinta
82-879 Highway 111 78-105 Calle Estado
Indio, CA 92201 P. O. Box 1504
La Quinta, CA 92253
22. Attorney's Fees. In the event any legal
action is commenced to enforce or interpret the terms or
conditions of this Lease, the prevailing party shall, in
addition to any costs or other relief, be entitled to its
reasonable attorney's fees.
23. Termination. This Lease may be terminated
upon the mutual consent of the parties.
24. Arbitration. In the event of any dispute
concerning the terms or conditions of this Agreement, the
Parties agree to make a good faith effort to resolve such
dispute prior to litigation, and in furtherance of this
effort, the Parties shall consider submitting their dispute
to mediation through the California Conciliation Service.
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IN WITNESS WHEREOF, the parties hereto have
executed this Lease on the day and year first written above.
LESSOR: DESERT SAND UNIFIED
SCHOOL DI T ICT
1
By:
President, Board of Trustees
ATTEST:
Secretary, Board of Trust es
LESSEE: CITY OF LA QUINTA
By :
ayor, City of La Quinta
ATTE
'ty Clerk
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SPORTS COMPLEX LEASE ARV
LA QUINTA JOINT -USE LEASE Lessor: Desert Sonde Onlflea
District
(SPORTS COMPLEX) -
- — Lessee: City of La Duinm
EXHIBIT A
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Desert Sands Unified School District
82-879 Highway 111 • Indio, California 92201-5678 • (619) 347-8631
Mr. Ron Kiedrowski
City Manager
City of La Quinta
P. 0. Box 1504
La Quinta, CA 92253
September 28, 1987
Re: Change to Parklands Lease
Dear Ron:
We discovered that the Ed Code restricts the
length of a lease of property for school districts to
40 years.
Therefore, as you will note on the enclosed copy,
I have amended Page 2, Item 2, of the referenced lease
to 40 years with an extension of 40 years. We are sure
this change will not create a problem to the City of La
Quinta. /%
Si y r ,
Richard M. Beck
School Facilities Planner
RMB/vmm
Enclosures