2015-19 Family YMCA Amendment 1 - Fritz Burns Pool Operations 4-yr termAMENDMENT NO. 1
TO
OPERATION AND MAINTENANCE AGREEMENT
FOR THE FRITZ BURNS POOL
THIS AMENDMENT NO. 1 TO THE OPERATION AND MAINTENANCE
AGREEMENT FOR THE FRITZ BURNS POOL ("Amendment No. 1 ") is made and
entered into as of the day of � 2015 ("Effective Date"), by and
between the CITY OF LA QUINTA ("City), a California municipal corporation, and
FAMILY YMCA OF THE DESERT ('YMCA" or 'Contractor').
RECITALS
A. on or about February 16, 2011 the City and Contractor entered into that
certain Operation and Maintenance Agreement for the Fritz Burns Pool
("Agreement"). The term of the Agreement states that the agreement shall
automatically renew each year on the Effective Date.
B. Pursuant to Section 3, either party has the right to terminate the Agreement
with or without good cause.
C. City and Contractor now wish to amend the Agreement to modify the
percentage of net operating costs the City is to reimburse the Contractor per year
for operating and maintaining Fritz Burns Pool. The Agreement states that the City
agrees to reimburse the YMCA fifty percent (50%) of the net operating costs
incurred by the YMCA; up to a maximum reimbursement of $15,000. This
Amendment No. 1 is intended to allow the percentage of net operating costs the
City is to reimburse the Contractor to increase by ten percent (10%) every year
until the City reimburses one hundred (100%) of the YMCA's not operating costs;
up to a maximum reimbursement of $20,000.
In consideration of the foregoing Recitals and the covenants and promis-q"
hereinafter contained, and for good and valuable consideration, the sufficiency a
receipt of which are hereby acknowledged, the parties hereto agree as follows:
1. SECTION 11 OF THE AGREEMENT IS STRUCK IN ITS ENTIRETY AN
AMENDED TO READ: 41
2ka fment for Operation and Maintenance. commencing in
calendar year 2015, the "V� "060s t6 allow -the Per"utage of not operating
costs the City is to reimburse the Contractor to increase by ten percent
(10%) every calendar year until the City reimburses one hundred (1001/o) of
et i • 1
0000 in any calendar year. Should the net operating costs exceed the
$20,000 maximum allowable reimbursement in a calendar year, YMCA must
provide City with justification in advance to support any additional costs.
City shall not be responsible for the costs beyond the $20,000 until the City
approves the justification in writing. The reimbursement schedule for the
applicable calendar years shall be as follows ("Reimbursement Schedule'):
* Between January 1 and December 31, 2015, City agrees to reimburse
YMCA sixty percent (60%) of net operating costs incurred by YMCA
(estimated to be approximately $11,500); s
9 Between January 1 and December 31, 2016, City agrees to Teimbur e
YMCA seventy percent (70%) of net operating costs incurred by
YMCA (estib�d to "prpxlmat* 4 13,000);
e Between January I and December 31 o 2017, City agrees to reimburse
YMCA eighty percent ($O%of net operating costs incurred by YMCA
(estimated to be approximately $14,500);
* Between January 1 and December 31, 2018, City agrees to reimburse
YMCA ninety percent (90%) of net operating costs incurred by YMCA
(estimated to be approximately $ 16,000); and
0 Between January 1 and December 31, 2019, and for each calendar
year thereafter, City agrees to reimburse YMCA one Hundred percent
(100%) of net operating costs incurred by YMCA (estimated to be
approximately $17,500)
2. DEFINED TERMS. Except as defined in this Amendment No. 1, all capitalize
6 'I
words and phrases shall have the same meaning ascribed to them in t
Agreement.
3. REMAINING TERMS AND CONDITIONS * Except as specifically amended
this Amendment No. 1, all terms and conditions in the Agreement sh
remain in full force and effect.
[signatures on next page]
IN WITNESS WHEREOF, the City and YMCA have executed this Amendment No. 1
to the Operation and Maintenance Agreement for the Fritz Burns Pool on the
respective dates set forth below.
CITY: CITY OF LA QUINTA a California municipal corporation
Digitally signed by Frank 1. Spevacek
i DN:serialNumber=1n615nh01202cvmj,
c=US, st=California, I=La Quinta, o=Frank
-J Spevacek, Cn=Frank J. Spevacek
Date: 2015.06.11 14:21:5,-07'00' -
Frank J. Spevacek, City Manager Dated
ATTEST:
Digitally signed by City of La Quinta
DN: serialNumber=6fmhzhdhvfjz93cr, c=US,
st California, La Quinta, o=City of La Quinta,
cn=City of La Quinta
Date: 2015.06.11 14:52:36-07'00'
Susan Maysels, City Clerk
APPROVED AS TO FORM:
William H. Ihrke, City Attorney
CONTRACTOR: - Family YMCA of the Desert
Z rJ
By bated
Name
cL o
Title
Family YMCA of the Desert
43-930 San Pablo Ave.
Palm Desert, CA 92260
11
MEMORANDUM
TO: Frank J. Spevacek, City Manager
FROM: Edie Hylton, Deputy City Manager
DATE: June 3, 2015
RE: Family YMCA of the Desert
Attached for your signature is an Amendment No. 1 between the Family YMCA of the
Desert and the City for Operation and Maintenance at the Fritz Burns Pool.
Please sign and return to the City Clerk for processing and distribution.