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2010-40 DSUSD - Joint Use Lease Colonel Mitchell Paige School FieldsJOINT USE LEASE AGREEMENT This Joint Use Lease Agreement (the "Lease") is hereby entered into by and between the DESERT SANDS UNIFIED SCHOOL DISTRICT, a school district organized and existing under the laws of the State of California (the "District"), and THE CITY OF LA QUINTA, a municipal corporation (the "City"), as of this 1104 day of oll'llt5 2010. RECITALS WHEREAS, the District is the owner of certain real property located in the City of La Quinta consisting of approximately 24.65 acres and more commonly known as the Colonel Paige Middle School ("Site"); and WHEREAS, the City desires to lease from the District, and the District desires to lease to the City, certain property located within the Site more particularly and legally described in Exhibit A, attached hereto and incorporated herein by this reference (the "Premises"), which the City intends to utilize for recreation purposes; and WHEREAS, as a condition of the Lease, the District has agreed to allow the City to utilize, subject to the restrictions and conditions set forth herein, a 9.75 acre portion of the Colonel Paige Middle School, which is depicted on the Site Map attached hereto as Exhibit B and incorporated herein by reference (the "Colonel Paige Middle School Fields"); and WHEREAS, Colonel Paige Middle School fields shall be referred to herein as the "Joint Use Property"; and WHEREAS, this Lease sets forth the terms and conditions for the City's use of the Joint Use Property, as well as the rights and obligations of the parties hereto with respect to construction and maintenance of improvements on the Joint Use Property. AGREEMENT NOW THEREFORE, in consideration of the recitals set forth above, the covenants and agreements set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the District and the City agree as follows: 1. Dates and Times of Use. 1.1 District Use. The District shall have the sole right to utilize the Joint Use Property Monday through Friday from 7 a.m. to 4 p.m., exclusive of District holidays (the "Routine Use Schedule"). In addition, the District and the City agree to meet on an annual basis, during the first fiscal month of the District's fiscal year, at which time the District shall notify the City of the dates and times of certain District special events. The District shall have the sole right to use the Joint Use Property during such dates and times in addition to its Routine Use Schedule (the "Special Event Schedule"). Said Special Event Schedule shall be annually attached to this Lease as Exhibit C and shall be incorporated herein by this reference and expressly made a part of the Lease. 1 .2 City Use. Except during those times set forth in the Special Event Schedule established annually by the District, the City shall have the sole and exclusive right to utilize the Joint Use Property Monday through Friday from 4 p.m. to 9 p.m., and on Saturdays and Sundays and all District holidays from 7 a.m. to 9 p.m. The City shall use the Joint Use Property for public uses in accordance with the City's Municipal Code. 2. Limitations on Use. 2.1 District Uses. The District shall have the right to use the Joint Use Property for any and all uses authorized under the California Education Code, so long as such use does not materially interfere with the City's rights to use of the Joint Use Property as set forth herein. Parking shall be permitted on only those portions of the Joint Use Property which have been set aside and paved for parking. 2.2 City Uses. The City may utilize the Joint Use Property during the times set forth in Section 1.2 for parking (but only those portions of the Joint Use Property which have been set aside and paved for parking), and City sponsored or affiliated recreational uses. 3. Mutual Indemnity and Release. City and the District hereby agree to indemnify, defend, and hold harmless the other party and its officers, employees, agents and independent contractors (collectively, "Indemnitees") from and against any and all of claims, causes of action, obligations, losses, liabilities, judgments, or damages, including reasonable attorneys' fees and costs of litigation (collectively "Claims") arising out of and/or in any way relating to the indemnifying party's activities in the performance of this Lease, or to the indemnifying party's acts and/or omissions in providing or administering the same, excepting only those claims, actions, obligations, losses, liabilities, judgments, or damages arising out of the sole negligence, active negligence or willful misconduct of the Indemnitees. 4. Insurance. The Parties agree to provide insurance in accordance with the provisions of this Section 4. 4.1 City's Insurance Obligation. Without limiting the indemnification provisions provided herein, the City, at its sole expense, shall obtain and keep in force during the term of this Lease and any extensions thereof, a policy or policies of general liability insurance covering all injuries to persons and damage to property occurring in, upon or about the Premises resulting from any actions or omissions of the City or any use of the Premises by the City or its invitees in accordance with the terms of this Lease. The policy or policies evidencing such insurance shall name the District and its officials, officers, employees, and agents as additional insureds, shall provide that same may not be cancelled or amended without thirty (30) days prior written notice to the District, and shall provide for a combined single limit coverage of bodily injury and property damage in the amount of not less than One Million Dollars ($1,000,000). Such policy or policies shall be issued by an insurance company licensed to do business in the State of California and be rated A-/VIII or better by ambest.com. Prior to the Commencement Date of this Lease, and upon renewal of such policies, the City shall submit to the District certificates of insurance and any applicable endorsements evidencing that the foregoing policy or policies are in effect. At the City's option, CITY shall be allowed to self -insure the insurance coverages as required above. 4.2 District's Insurance Obligation. Without limiting the indemnification provisions provided herein, the District, at its sole expense, shall obtain and keep in force during the term of this Agreement and any extensions thereof, a policy or policies of general liability insurance covering all injuries to persons and damage to property occurring in, upon or about the Premises resulting from any actions or omissions of the District or any use of the Premises by the District or its invitees. The policy or policies evidencing such insurance shall name the City and its officials, officers, employees, and agents, as additional insureds, shall provide that same may not be cancelled or amended without thirty (30) days prior written notice to the City, and shall provide for a combined single limit coverage of bodily injury and property damage in the amount of not less than One Million Dollars ($1,000,000). Such policy or policies shall be issued by an insurance company licensed to do business in the State of California and be rated A-/VIII or better by ambest.com. Prior to the Commencement Date of this Agreement, and upon renewal of such policies, the District shall submit to the City certificates of insurance and any applicable endorsements evidencing that the foregoing policy or policies are in effect. At the District's option, District shall be allowed to self -insure the insurance coverages as required above. 5. Improvements to the Joint Use Property. 5.1 Sports Field Lighting. The City shall add sports field lighting at its sole cost and expense to the Joint Use Property in accordance with District standards. 6. Maintenance of Joint Use Property. The Joint Use Property shall be maintained (irrigation system and turf) by the City in accordance with the standards set forth in the City's Maintenance Standards for Parks and Sports fields. 6.1 District Share of Water Costs. Water usage for the Joint Use Property will be billed to the District and the District shall promptly pay all such water bills. 6.2 Other Utilities. The City shall be responsible for paying all electrical bills incurred with respect to the operation of the Joint Use Property. 6.3 Other Maintenance Costs. The City shall be responsible for contracting for the general maintenance and upkeep of the Joint Use Property. Such contract shall provide for the maintenance of the Joint Use Property consistent with the standards set forth in the City's approved landscape maintenance guidelines. 7. Term of Lease. This Lease shall become effective July 1, 2010, and shall remain in effect for a term of thirty (30) years, "unless earlier terminated as provided hereafter. Either party may terminate this Lease providing the other with six (6) months prior written notice of the termination date. 8. Default. Failure or delay by either party to perform any covenant, condition or provision of this Lease within the time provided herein constitutes a default under this Lease. The injured party shall give written notice of default to the party in default, clearly detailing the default to be cured. The defaulting party shall immediately commence to cure such default and shall diligently complete such cure within thirty (30) days from the date of the notice or such longer period if the nature of the default is such that more than thirty (30) days is required to cure such default. Notwithstanding any other provision of this Lease, the injured party shall have the right to immediately terminate this Lease by written notice to the other party in the event of a default which is not cured within the time set forth in this section. 9. Attorneys' Fees. In the event any declaratory or other legal or equitable action is instituted between City and District in connection with this Lease, the prevailing party shall be entitled to recover from the losing party all of its costs and expenses, including court costs and reasonable attorneys' fees, and all fees, costs and expenses incurred on any appeal or in collection of any judgment. 10. Notices. Any notice, request, demand, consent, approval or other communication required or permitted hereunder or by law shall be validly given or made only if in writing and delivered in person to an officer or duly authorized representative of the other party, or deposited in the United States mail, duly certified or registered (return receipt requested), postage prepaid, or delivered through another commercially reasonable method, including facsimile transmission and addressed to the party for whom intended, as follows: If to City: City of La Quinta Attn: City Manager 78-495 Calle Tampico La Quinta, CA 92253 Fax: (760) 777-7101 If to District: Desert Sands Unified School District Attn: Superintendent 47-950 Dune Palms Road La Quinta, CA 92263 Fax: (760) 771-8522 Any party may from time to time, by written notice to the other, designate a different address which shall be substituted for that specified above. If any notice or other document is sent by mail as aforesaid, the same shall be deemed fully delivered and received forty-eight (48) hours after mailing as provided above. If any notice or document is sent by facsimile transmission, the same shall be deemed fully delivered and received upon the transmission to the sender of a facsimile confirmation sheet. 11. Gender and Number. In this Lease (unless the context requires otherwise), the masculine, feminine and neuter genders and the singular and the plural shall be deemed to include one another, as appropriate. 12. Entire Lease. This Lease and its exhibits, each of which is incorporated herein by reference as though set forth in full, constitute the entire agreement between the parties hereto pertaining to the subject matter hereof, and the final, complete and exclusive expression of the terms and conditions thereof. All prior agreements, representations, negotiations and understanding of the parties hereto, oral or written, express or implied, are hereby superseded and merged herein. 13. Captions. The captions used herein are for convenience only and are not a part of this Lease and do not in any way limit or amplify the terms and provisions hereof. 14. Governing Law. This Lease and the exhibits attached hereto have been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. 15. Invalidity of Provision. If any provision of this Lease as applied to any party or to any circumstance shall be adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, the same shall in no way affect Ito the maximum extent permissible by law) any other provision of this Lease, the application of any such provision under circumstances different from those adjudicated by the court, or the validity or enforceability of this Lease as a whole. 16. Amendments. No addition to or modification of any provision contained in this Lease shall be effective unless fully set forth in writing by District and City. 17. Counterparts. This Lease may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument. 18. Binding Upon Successors. The terms and conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereof. 19. Fingerprinting. The City sanctioned Sports Associations including La Quinta AYSO, La Quinta Sports & Youth Association, and Palm Desert/La Quinta Football require all board members and volunteer coaches be fingerprinted prior to participating within the leagues. Any additional Sports Association field use contracted through the City would also require fingerprinting of staff and volunteers. -- SIGNATURES BEGIN ON NEXT PAGE -- IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year set forth herein above. DISTRICT: DESERT SANDS UNIFIED SCHOOL DISTRICT, a school district organized and existing under the laws of the State of California By:�- Cindy Daniel iiS• Assistant Superintendent, Business ServiceE ATTEST: School District Secretary APPROVED AS TO FORM: 2V Dannis Wolive Kell School District Special Counsel clTv, CITY OF LA OUINTA,ZmumI corporation Date Thomas P. Genovese, City Manager APPROVED AS TQ FORM: they ne Jenson City Attorney EXHIBIT A LEGAL DESCRIPTION OF THE COLONEL PAIGE SPORTS FIELDS PROPERTY The Colonel Paige Sports Fields are located within 14.33 Acres M/L in POR PAR 4 PM 184/087 PM 27131 Riverside, California. EXHIBIT B MAP OF COLONEL PAIGE MIDDLE SCHOOL FIELDS p h. �n 4 �2W f. Y °�i �'. °; ♦N 5* 1. 43 fie, b N.• fF' f r 4 l 7R iry Y 9 e d g EXHIBIT C SPECIAL EVENT SCHEDULE City staff will meet with Desert Sands Unified School District staff on an annual basis to identify dates of special events.