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2013-2027 DSUSD Joint Use Lease of Sports Complex - Amendment No. 2 - RenovationAMENDMENT NO. 2 TO DESERT SANDS UNIFIED SCHOOL DISTRICT LA QUINTA JOINT -USE LEASE (SPORTS COMPLEX) This AMENDMENT NO. 2 ("Amendment") is to the certain lease entitled "Desert Sands Unified School District La Quinta Joint -Use Lease (Sports Complex)" (the "Lease") is made and entered into this 2-2 Nn day of .JA► U(Azy , 2013, by and between the Desert Sands Unified School District ("Lessor") and the City of La Quinta, a municipal corporation of the State of California ("Lessee"). RECITALS WHEREAS, Lessee and the Lessor entered into the Lease on or about November 3, 1987, for the joint use of certain premises (the "Premises") owned by Lessor which a sports complex is located (the "Sports Complex") as more particularly described in Exhibit "A" to the Lease; and WHEREAS, the parties hereto mutually desire to make improvements to and renovate and expand the sports lighting at the Sports Complex to address the recreational needs of the community; and WHEREAS, the parties further mutually desire to amend the Lease to make certain additional administrative amendments to the Lease. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Incorporation of Recitals. The foregoing Recitals are true and correct and are hereby incorporated by this reference as though set forth in full and are expressly made a part of this Amendment. 2. Renovation and Expansion of the Sports Complex Lighting. The parties desire to renovate the existing sports field lighting at the Sports Complex to improve the use of the fields. The improvements will add 11 additional light poles on the north side of the Sports Complex to light two baseball fields and one multipurpose field as depicted in Attachment 2 attached hereto and expressly made a part of this Amendment by this reference. A. Lessee shall be responsible for the following: 1). Lessee, employing and utilizing competent professionals, shall develop an updated sports lighting plan for the Complex which shall, to the greatest extent possible, identify needed improvements to the existing Sports Complex which shall not adversely affect the functioning of the adjacent schools. The plan shall comply with the Division of the State Architect (DSA) guidelines and have an approval stamp prior to any construction. The plan shall also be approved by Lessor in writing prior to the commencement of any construction. If, in the sole and absolute discretion of the Lessee, the requirements imposed by the DSA render the project too expensive, the Lessee shall have the right not to proceed with the subject improvements. In such case, the Lessor or Lessee shall request the DSA to void or cancel the DSA application number assigned to the project. The Lessee shall pay all costs associated with voiding or cancelling the DSA application number assigned to the project. 2). Lessee shall be responsible for all expenses associated with the sports lighting renovation and expansion of the Sports Complex, all of which shall be included in the updated sports lighting plan approved by Lessor and Lessee. Such plans shall be prepared pursuant to the Updated Master Plan designed for the Sports Complex and shall provide for the first class quality construction, to the satisfaction of Lessor and Lessee, of all amenities proposed for the renovation on the premises. These improvements are intended to mitigate safety issues and provide for an optimal recreational experience for the users utilizing the facility. The improvements include but are not limited to: a. Upgrade the existing lighting and equipment to allow the existing lighting system to be controlled and managed on a field by field basis. The project will expand the lighting system to include one new light pole at the batting cages, six new light poles at baseball field #5 and four new light poles at the small football field, as approved by DSA. b. All costs for lighting upgrades and any other improvement as required by DSA shall be solely borne by the Lessee, subject to the right of the Lessee not to proceed with the improvements if they are too expensive in the opinion of the Lessee. C. Lessee shall pay for all operational costs related to the lighting upgrades and use of facilities. d. Lessee shall be responsible for all bidding and construction, and for meeting the requirements of DSA for full certification of the project. This includes DSA inspection services, special inspections, architect and engineering services and compliance with DSA regulations for achieving full certification upon the completion of the project. The Lessor shall recover from the Lessee any costs that are paid by the Lessor to DSA or any consultants as necessary to comply with DSA requirements upon written receipt of documentation from DSA indicating non-compliance by the Lessee provided that the Lessor has obtained written pre - approval of the costs from the Lessee. The Lessee shall have five working days from the date of notification to respond to any DSA non-compliance item received by the Lessor. If no response or pre -approval is received within five working days, the Lessor has the right to take action to remediate any issues with the DSA related to the project. Hours of operation for the newly lighted fields will be no later than 8 p.m. for the multipurpose football field and 9 p.m. for the north baseball field. It is anticipated that younger children will play on these fields and therefore finish earlier than the other fields at the complex. 3. Section 12 of the original Lease shall be replaced in its entirety with the following language: Section 12. Insurance. The Parties agree to provide insurance in accordance with the provisions of this Section. 12.1 Lessee's Insurance Obligation. Without limiting the indemnification provisions provided herein, the Lessee, 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 Lessee or any use of the Premises by the Lessee or its invitees in accordance with the terms of this Agreement. The policy or policies evidencing such insurance shall name the Lessor and its officials, officers, employees and volunteers as additional insureds, shall provide that same may not be cancelled or amended without thirty (30) days prior notice to Lessor, and shall provide for a combined single limit coverage of bodily injury and property damage in the amount of not less than Two Million Dollars ($2,000,000) per occurrence. Prior to the commencement date of this Agreement, and upon renewal of such policies, the Lessee shall submit to the Lessor a certificate of insurance and additional insured endorsement evidencing that the foregoing policy or policies are in effect. At Lessee's option, Lessee shall be allowed to self -insure the insurance coverage as required above. 12.2 Lessors Insurance Obligation. Without limiting the indemnification provisions provided herein, the Lessor, 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 Lessor or any use of the Premises by the Lessor or its invitees in accordance with the terms of this Agreement. The policy or policies evidencing such insurance shall name the Lessee and its officials, officers, and employees as additional insureds, shall provide that same may not be cancelled or amended without thirty (30) days prior notice to Lessor, and shall provide for a combined single limit coverage of bodily injury and property damage in the amount of not less than Two Million Dollars ($2,000,000) per occurrence. Prior to the commencement date of this Agreement, and upon renewal of such policies, the Lessor shall submit to the Lessee a certificate of insurance and additional insured endorsement evidencing that the foregoing policy or policies are in effect. At the Lessor's option, Lessor shall be allowed to self -insure the insurance coverage as required above. 4. Except as specifically amended herein, the Lease and Amendment No. 1 shall remain in full force and effect in accordance with the terms contained therein. IN WITNESS WHEREOF, CITY and DISTRICT each hereby represents that it has read this SECOND AMENDMENT, and hereby executes this SECOND AMENDMENT to be effective as of the day and year first written above. "CITY" CITY OF LA QUINT ATTEST: �s.���� �^�: ��d�:.• - /-`cam Susan Maysels City Clerk ity-Manager - "DISTRICT" DESERT SANDS UNIFIED SCHOOL DISTRICT- ---_ -- _ — - — — By: Cindy McD iel ItS:Assistant Superintendent Business Services ATTEST: ATTACHMENT NO. 1 CONSTRUCTION SCHEDULE Construction is expected to begin on June 14, 2014 and be completed August 31, 2014. Should the construction be delayed for any reason, Lessee will contact the Lessor to outline the changes to the project schedule and agree on the appropriate facility use by both parties. ATTACHMENT NO. 2 MAP OF AREA TO BE IMPROVED w a w o� zo �o �c m a Qa� oa z a, U. oLog HHZ_ z� w�5 w Cv-o aa� ok TLD 1-21-14 Southern California ReUEF CERTIFICATE OF COVERAGE InYe Date1/16/2014 ADMINISTRATOR: LICENSE s 0451271 THIS CERTIFICATE M ISSUED AS A MATTER OF INFORMATION ONLY Keenan & Associates AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 4204 Riverwalk Parkway Suite 400 CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE Riverside, CA 92505 AFFORDED BY THE COVERAGE DOCUMENTS BELOW. ENTITIES AFFORDING COVERAGE: 951-715.0190 wWW.keenan.00m ENTITYA Southern California ReLiEF COVERED PARTY: Desert Sands Unified School District ENTITY B: Riverside Schools' Insurance Authority ENTTYC: 47-950 Dune Palms Road La Quints CA 92253 ENTITYD: ENTRY E: THIS IS TO CERTIFY THAT THE COVERAGES LISTED BELOW HAVE BEEN ISSUED TO THE COVERED PARTY NAMED ABOVE FOR THE PERK INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED HEREIN IS SUBJECT TO ALL THE TERMS AND CONDITIONS OF SUCH COVERAGE DOCUMENTS. MEMBER ENT LTR TYPE OF COVERAGE COVERAGE DOCUMENTS EFFECTIVE/ EXPIRATION DATE RETAINED LIMIT IDEDUCTIBLE LIMITS A GENERAL LIABILITY COMBINED SINGLE LIMIT EACH OCCURRENCE IvJGENERALUABILIT'Y'`` [ CLAIMS MADE IXOCCURRENCE SCR00101-27 7/1/2013 $ 50,000 s 2,000,000 [ GOVERNMENT CODES 7/1/2014 [ ERRORS S OMISSIONS I1 A AUTOMOBLLE LIABILITY COMBINED SINGLE LIMIT EACH OCCURRENCE [ ANVAUTO SCR00101-27 7/1/2013 $ 50,000 s 1,000,000 I HIREDAUTO I NOWOWNEDAUTO 7/1/2014 I GARAGE UABIUTY - [ AUTO PHYSICAL DAMAGE A PROPERTY SCR00101-27 7/1/2013 $ 25,000 s 250,000,000 ALL RISK 7/1/2014 EACH OCCURRENCE [ EXCLUDES EARTHQUAKE S FLOOD I I BUILDER'S RISK A STUDENT PROFESSIONAL LIABILITY SCR 00101-27 7/1/2013 f 50,000 s Included 7/1 /2014 EACH OCCURRENCE WORKERS COMPENSATION I I WC STATUTORY UMITS I I OTHER I I EMPLOYERS' UABIUTY f S E.L. EACH ACCIDENT f EXCESS WORKERS COMPENSATION - I ]EMPLOYERS' LIABILITY s E.L. DISEASE -EACH EMPLOYEE f E.L. DISEASE -POLICY LIMITS OTHER f s DESCRIPTION OF OPERATMS"CATIONSAMHK3ELgMSTFWTIDNSBPECIAL PROVISIONS: Memorandum of Understanding for use of sports Complex and adjacent park lands as scheduled by Desert Sands Unified School District. Annual Aggregate of $24,000,000 applies in total for all members in the layer $4,000,000 occurrence excess of $1,000,000 CFRTFICATE NOLOM MOU -Amendment No. 2 CANCELLATION ...... SHOULD ANY OF THE ABOVE DESCRIBED COVERAGES BE CANCA.ORE THE EXP TION DATE THEREOF, THE ISSUING ENTITYUPA City of La Quinta BILL 1RTT MAIL Y TE Attn: Sandra Juhole 78495 Calla Tampico La Quinta CA 92253 John Stephens AUTHORIZED REPRESENTATIVE CERT NO.: 18965163 CLIENT CODE: DESERSAN Brenda Oliver 1/16/2014 4:19:30 ON Page 1 of 3 DISCLAIMER The Certificate of Coverage on the reverse side of this form does not constitute a contract between the issuing entity(ies), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the coverage documents listed thereon. xrn[ —cum PERT NO.: 18965163 CLIENT CODE: OENEMM Brenda Oliver 1/16/2014 4:19:30 PM Page 2 of 3 ENDORSEMENT ADDITIONAL COVERED PARTY COVERED PARTY COVERAGE DOCUMENT ADMINISTRATOR Desert Sands Unified School District SCR 00101-27 Keenan & Associates Riverside Schools' Insurance Authority Subject to all its terms, conditions, exclusions, and endorsements, such additional covered party as is afforded by the coverage document shall also apply to the following entity but only as respects to liability arising directly from the actions and activities of the covered party described under "as respects" below. Additional Cnvered Party, City of La Quinta ASn: Sandra Juhole 78-495 Calle Tamyyico La Quints CA 92253 Memorandum of Understanding for use of sports complex and adjacent park lands as scheduled by Desert Sands Unified School District. Annual Aggggregate of $24,000,000 applies in total for all members In the layer $4,000,000 occurrence excess of $1,000,000 City of La Quinta and its officials, officers, employees and volunteers as additional covered parties. Authorized Representative Issue Date: 1/16/2014 DEEP NO.: 18965163 CLI ENR CODE: OBSERSM Brenda Oliver 1/16/2014 4:19:30 PM Page 3 of 3