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1987-2027 DSUSD Joint Use Lease of Adjacent Park LandsRECORDING REQUESTzo BY AND WHEN RECORDED MAIL TO: DESERT SANDS UNIFIED SCHOOL DISTRICT LA QUINTA JOINT -USE LEASE (ADJACENT PARKLANDS) THIS LEASE is made and entered into this 3rd day of November , 1987, by and between the CITY OF LA QUINTA, a municipal corporation, hereinafter referred to as "Lessor" and the DESERT SANDS UNIFIED SCHOOL DISTRICT, hereinafter referred to as "Lessee" RECITALS WHEREAS', Lessor is the owner of certain parkland property located'in the City of La Quinta, which is more particularly described in Exhibit "A" attached hereto (the "Property"); and WHEREAS, Lessee desires to lease the Property from Lessor for school purposes on the terms and conditions hereinafter set forth; 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: AGREEMENT 1. Lease of Property. Lessor hereby leases to Lessee that certain real property more particularly described in Exhibit "A," 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 Property for the term of this lease and any extension hereof. WC 4. Use of Property. Lessee shall have the right to use the Property for any purposes authorized to be undertaken by Lessee as a unified school district organized and existing under the California Education Code. Such uses shall include, but not be limited to, the development and construction of school recreational and administrative buildings upon the Property. Lessee shall obtain the prior written consent of Lessor prior to constructing any buildings or improvements on the Property; provided, however, that the consent of Lessor to the development and construction of any such buildings or improvements shall not be unreasonably withheld. Such master plan shall be subject to the approval of Lessee. 5. Assignment, Sublease. The Property, 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 Property, or portions thereof. 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. -3- 6. ownership of Improvements. All improvements installed or constructed by Lessor upon the property shall become the property of Lessor and shall be subject to sale in accordance with the terms and conditions of paragraph 12. 7. Inspection of Property. Lessor shall have the right to inspect the Property, and all improvements constructed thereon, at any time during normal business hours. 8. 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 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 Property 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 to Lessee by Lessor upon Lessor's request. -4- 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 of or in connection with any negligent act or omission of Lessor, its officers, agents, employees and independent contractors, in the performance of their rights and obligations under this Lease. 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 to Lessee by Lessor upon Lessor's request. 9. Waste. Lessee shall not commit, or allow to be committed, any waste to the Property or permit any nuisances to be committed thereon, nor shall Lessee perform any act which unreasonably interferes with the quiet enjoyment of surrounding property. 10. Financing of Improvements. The method of financing for any buildings and improvements constructed on the Property shall be negotiated and agreed upon in a separate agreement executed between the La Quinta -5- Redevelopment Agency and the Desert Sands Unified School District. 11. Operation and Maintenance of Improvements. Responsibility for operation and maintenance of any building and improvements constructed on the Property shall be decided upon 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. 12. 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. 13. 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. -6- 14. Compliance with Law. Lessor and Lessee shall comply with all statutes, rules, regulations and ordinances relating to the use of the Property, whether state, federal or local. 15. Waiver. No waiver by Lessor of any term or condition hereof shall be contrued 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. 16. 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. 17. 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: Lessee: Desert Sands Unified School District 82-879 Highway Ill Indio, CA 92201 -7- Lessor: City of La Quinta 78-105 Calle Estado P. O. Box 1504 La Quinta, CA 92253 18. Termination. This Lease may be terminated upon the mutual consent of the parties. 19. 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. IN WITNESS WHEREOF, the parties hereto have executed this Lease on the day and year first written above. LESSEE: By: ATTE Secretary, Board of Tru tees ustees LESSOR: CITY OF LA QUINTA i c By: ayor, City of La Quinta AT T: ity Clerk -8- djm2027 ,0,%f1ED c \wr w mac o 2 O y BERMUDA DUNES r RANCHO MIRAGE INDIAN WELLS H PALM DESERT Z IP LA CUINTA p INDIO 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