1990-2027 DSUSD Maintenance Agreement - Sports Complex & Adjacent Park LandsAnP7P.MRMT
THIS AGREEMENT is entered into this 7th day of
August , 1990, by and between DESERT SANDS UNIFIED
SCHOOL DISTRICT hereinafter referred to as "DISTRICT" and the
CITY OF LA QUINTA, a municipal corporation of the State of
California, hereinafter referred to as "CITY."
WHEREAS, the CITY and the DISTRICT have entered into a lease
agreement titled DESERT SANDS UNIFIED SCHOOL DISTRICT LA QUINTA
JOINT -USE LEASE (SPORTS COMPLEX); and
WHEREAS, the CITY and DISTRICT have entered into a lease
agreement titled DESERT SANDS UNIFIED SCHOOL DISTRICT LA QUINTA
JOINT -USE LEASE (ADJACENT PARK LANDS); and
WHEREAS, both lease agreements state that the operations and
maintenance of facilities addressed in said Agreements shall be
decided annually in accordance with provisions 17 and 11
respectively of the Sports Complex and Adjacent Park Lands Lease
Agreements.
NOW, THEREFORE, in consideration of the provisions of the
Agreements addressed herein, the parties agree as follows:
1. CITY shall be responsible for the following:
a. All fertilization and weed control at sites.
Fertilization methods and materials used shall be at the
determination of the CITY but shall, at all times, cause
all vegetation to be alive, healthy and free of
infestation to a standard similar to that of the
DISTRICT.
b. Insect control at sites. Insect control methods and
materials used shall be at the determination of the CITY
but shall, at all times, cause all vegetation to be
alive, healthy, and free of infestation to a standard
similar to that of the DISTRICT.
c. Care and maintenance of all athletic infields including
grade, mix of materials, and quantity of fill. Methods
of maintenance shall be at the determination of the CITY
but shall, at all times, cause all ball infields to be
safe for play and use.
d. Maintenance and scheduling of restrooms and concession
buildings. Methods and materials of maintenance shall be
at the determination of the CITY but shall, at all times,
cause all facilities to be in operational and safe
condition. All supplies for maintenance and operation of
facilities shall be at the expense of the CITY.
Maintenance scheduling shall be completed and performed
with and in cooperation of the CITY and the DISTRICT.
e. Scheduling of athletic fields. All scheduling shall be
completed and performed with and in cooperation of the
CITY and the DISTRICT.
f. Litter control following athletic and sporting events.
However, DISTRICT shall be responsible for litter control
at DISTRICT sponsored athletic and sporting events.
g. Mowing of all lawn areas, and trimming and edging of all
plant materials. Mowing of all areas shall be done on a
weekly basis. All shrubs and trees shall be trimmed,
shaped and pruned to maintain a safe, reasonable
appearance, and shall be accomplished on a regular basis
to promote healthy growth. CITY may agree to complete
this action under mutual agreement between City Manager
and Superintendent.
2. DISTRICT shall be responsible for the following:
a. Payment of all water services to the Sports Complex.
b. Maintenance of the complete irrigation system in an
operable, safe, and efficient condition at all times;
however, the CITY, or its agent, shall be responsible
for all broken sprinkler heads and equipment caused by
mowing activities. DISTRICT shall irrigate the
landscaped areas to provide all plantings with optimum
irrigation for healthy, vigorous growth. Irrigation
shall be by a schedule provided to DISTRICT by CITY.
Irrigation schedule shall be reviewed annually and, if
needed, CITY will do coverage and precipitation tests to
revise schedule. All scheduling shall allow for maximum
use of facility. Irrigation shall be controlled to
prevent runoff. DISTRICT shall be responsible for all
replacement parts equal to or better than the original
equipment as necessary and shall make repairs in a
timely manner.
c. Maintenance of hardscape/building areas including but
not limited to concrete areas, fenced parking lot and
amphitheater. Maintenance shall include cleaning and
repair of all hardscape areas, and shall include
sweeping of the parking lot no less than one sweep per
week. Hardscape/building areas that shall be excluded
from the responsibility of the DISTRICT are ballfield
lighting systems, restrooms and concession stand.
d. Maintenance and scheduling of the multipurpose building.
DISTRICT may charge a fee to certain users of the
facility.
3. Currently, the Coachella Valley Recreation and Park District
pays the utility costs for the sports field lighting. If for
any reason, this should change, the CITY shall be allowed to
renegotiate this item with the DISTRICT. The field lighting
schedule shall be completed to insure a maximum use of the
facility.
4. Public use of the amphitheater, other District -owned or City -
owned property may be available for a fee. The user fee will
be determined by custodial, security (if required) and direct
utility costs only.
5. All third -party users of the facilities shall agree to
indemnify and hold harmless the City of La Quinta and the
Desert Sands Unified School District, its officers, agents
and employees, for any loss, damage, cost or expense,
including attorneys' fees, that may arise during or out of
the third-party's use or occupancy of the facilities. In
addition, third -party users shall be required, prior to use
or occupancy of the facilities, to provide to the City of La
Quinta proof of possession of liability insurance in the form
of a certificate of insurance which shall name as additional
insureds both the Desert Sands Unified School District and
the City of La Quinta.
6. CITY use of any facility at the Sports Complex shall be
determined based upon the same policies that apply to the
DISTRICT use of the facilities.
7. The term of this agreement shall be for one year and may be
extended for an additional year upon mutual written agreement
of both parties. If not agreeable, then this agreement shall
be renegotiated.
8. Both the DISTRICT and the CITY shall carry liability
insurance covering their use of the Sports Complex equal to
or greater than the sum of $1,000,000 per occurrence and
shall provide each party with a certificate of insurance.
ENTIRE AGREEMENT
This Agreement contains the entire Agreement of the parties, and
supersedes any prior written or oral Agreements between them
concerning the subject matter contained herein. There are no
written representations, Agreements, arrangements, or
understandings, oral or written, between the parties relating to
the subject matter contained in the Agreement, which are not
fully expressed herein.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the 7th day of August 1990.
8/8/90
DESERV SANDS IFIE CHOOL DISTRICT DATE
d
C Y OF LA QUINTA 'DATE