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1994-2027 DSUSD Maintenance Agreement Amendment 1 Sports ComplexFIRST AMENDMENT TO MAINTENANCE AGREEMENT This First Amendment to Maintenance Agreement (the "First Amendment") is made on this r— �-day of R. OU Q!LI. 994, by and between the 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 (ADJACENT PARKLANDS); and 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, 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 Parklands Lease Agreements; and WHEREAS, both parties desire to update the Maintenance Agreement to address perceived and actual needs of both parties with respect to the operation and maintenance of the Sports Complex. NOW, THEREFORE, in consideration of the provisions of the Agreements addressed herein, the parties agree to amend the following sections and subsections of the Maintenance Agreement dated August 7, 1990, in their entirety, to read as follows: 1. City shall be responsible for the following: a. All fertilization and weed control at sites referenced in Sports Complex and Adjacent Parklands Agreements under City control and responsibility. 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 or better than the DISTRICT. b. Insect control at sites referenced in Sports Complex and Adjacent Parklands Agreements under City control and responsibility. Insect control methods and materials shall be at the determination of the CITY, but shall at all times cause all vegetation to be alive, healthy, and free from infestation to a standard similar to or better than the DISTRICT. c. Care and maintenance of all athletic fields 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. Maintenance scheduling of all athletic fields shall be completed and performed with and in cooperation of the CITY and the DISTRICT (August and January). Adams -Truman and La Quinta Middle School staff agree to facilitate the maintenance effort of City staff during school hours, when necessary. City staff agrees to leave at least half of the playf fields open on both north (Middle School) and south (Adams -Truman Elementary) sections of the Sports Complex when City staff or its contractor is performing maintenance at the Complex. d. Maintenance of restrooms and concession buildings. Methods and material 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. e. Scheduling of athletic fields. All scheduling shall be completed and performed with and in cooperation of the CITY and the DISTRICT. All parties shall share activity schedules (August and January). Schools have priority use of the athletic fields during school hours. Schools and City will work cooperatively to facilitate maintenance and care of the fields and facilities within the parameters of 1., a. through d. above. h. Ball field lighting and related issues. The ballfield lighting, including repair, replacement and utility costs related to use of the lighting system, shall be assumed by the CITY. i. CITY use of La Quinta Middle School amphitheater and multipurpose room. Charges related to amphitheater and multipurpose room use and use of classroom space shall be charged to the CITY based on security, utility, and janitorial costs when applicable. j. Fences for Pony League baseball will be erected no earlier than April 1, and removed no later than July 31 of any year. k. Field Markings for School Programs. The City agrees to cooperate with both Adams -Truman and La Quinta Middle School physical education staff infield marking for school programs. 7. The term of this agreement shall be for three years and will be automatically extended annually unless either party calls for renegotiation of or amendment to this Agreement. The Superintendent of the DISTRICT and the City Manager of the CITY or their designee can and will, by Memorandum of Understanding, annually address any issues related to the use, maintenance, operation, or scheduling of the ampitheater, multipurpose room, Sports Complex, or Adjacent Parklands. Except as set forth herein, the Lease Agreement dated August 7, 1990, shall remain in full force and effect in accordance with its terms. IN WITNESS WHEREOF, CITY and DISTRICT each hereby represents that it has read this First Amendment, and hereby executes this First Amendment to be effective as of the day and year first written above. APPROVED AS TO FORM: . 6141'11-a zz" ,, Dawn Honeywell, City Attorney CITY O Q LTYA By: John P a, yor DESERT SANDS VNIFIED SCHOOL ISTRICT By: Dr. Dolores Ballesteros, Superintendent Its: