2010-2027 DSUSD Joint Use Lease of Sports Complex - Amendment No. 1 - RenovationAMENDMENT NO. 1 TO
DESERT SANDS UNIFIED SCHOOL DISTRICT
LA QUINTA JOINT -USE LEASE (SPORTS COMPLEX)
This AMENDMENT NO. 1 ("Amendment') is to that certain lease entitled
"Desert Sands Unified School District La Quinta Joint -Use Lease (Sports Complex)"
(the "Lease") is made and entered into this 1444 day of
2010, by and between the Desert Sands Unified School District I"Les or") 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 the core area of 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.
AC;RFFMFNT
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. Term . Section 2 of the Lease entitled "Term" is hereby replaced in its
entirety with the following:
"2. Term. The term of this Lease shall be fore forty (40) years
commencing on the date of execution of this Lease, and may be extended for one
additional term of forty (40) years by mutual agreement of the parties hereto."
3. Dates and Times of Use. Section 4 of the Lease entitled "Design and Use of
Complex" is hereby amended by adding new paragraph E to read in its entirety as
follows:
"E. Dates and Times of Use.
W Lessor Use. The Lessor shall have the sole right to utilize the
Premises Monday through Friday from 7 a.m. to 4 p.m., exclusive of Lessor
holidays, (the "Routine Use Schedule"). In addition, Lessor and Lessee agree
to meet on an annual basis, during the first fiscal month of Lessor's fiscal
year, at which time Lessor shall notify Lessee of the dates and times of
certain Lessor special events to be held at the Premises. Lessor shall have
the sole right to use the Premises 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 Amendment as Attachment 1 and
shall expressly be a part of the Lease.
(ii) Lessee Use. Except during the times set forth in the Special
Event Schedule established annually by Lessor, Lessee shall have the sole
right to utilize the Premises Monday through Friday from 4 p.m. to 11 p.m.,
and on Saturdays and Sundays and all Lessor holidays from 7 a.m. to 9 p.m.
Lessee shall have exclusive use of the Premises for public uses in accordance
with Lessee's Municipal Code."
4. Limitations on Use. Section 4 of the Lease entitled "Design and Use of
Complex" is hereby amended by adding new paragraph F to read in its entirety as
follows:
"F. Limitations on Use.
0) Lessor Uses. Lessor shall have the right to use the Premises for
any and all uses authorized under the California Education Code, so long as
such use does not materially interfere with the Lessee's rights to use of the
Premises as set forth herein. Parking shall be permitted on only those
portions of the Site which have been set aside and paved for parking.
(ii) Lessee Uses. Lessee may utilize the Premises during the times
set forth in Section 4(E)(ii) for parking (but only those portions of the Site
which have been set aside and paved for parking), and Lessee sponsored or
affiliated recreational uses."
5. Party Addresses. Section 21 of the Lease entitled "Notice" is hereby
amended by amending the parties' respective addresses as follows:
"If to Lessor: Desert Sands Unified School District
47950 Dune Palms Road
La Quinta, California 92253
If to Lessee: City of La Quinta
78-495 Calle Tampico
La Quinta, California 92253"
6. Design and Renovation of the Sports Complex Core Area. The parties desire
to renovate the core areas of the Sports Complex located between the main
baseball fields. This area provides spectator and player amenities including
restrooms, concessions, storage, shaded seating areas, and a batting/pitching
practice area. The improvements will include drainage improvements and concrete
replacement, a new batting/pitching area, new fencing, improved landscaping,
additional seating and shade areas, and a parking/gallery area with an additional
restroom located on the south end between baseball fields #1 and #2 as more
particularly 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 professional
planners, shall develop an updated Master 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 updated Master Plan shall be
approved by Lessor.
2). Lessee shall be responsible for all expenses associated with the
renovation of the Sports Complex core area, all of which shall be
included in the updated Master 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 potential security, health and
safety issues and provide for an optimal recreational experience for the
users and spectators utilizing the facility. The improvements include
but are not limited to:
a. Drainage improvements;
b. Prefabricated restrooms;
C. Concrete removal and new installation;
d. Ball diamond fencing;
e. Installation of shade structures and bleachers;
f. Improved landscape and trees;
g. New batting cages and bull pen; and
h. Improved parking.
B. Lessor shall be responsible for providing tubular steel fencing at the
Sports Complex entry area of the Sports Complex as outlined in the Updated
Master Plan.
7. Except as specifically amended herein, the Lease shall remain in full force
and effect in accordance with the terms contained therein.
w
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.
"CITY"
CITY OF LA QUINTA, a municipal
corporation
Date Thomas P. Genovese, City Manager
ATTEST•
Veronica J. tecino, CIVIC
City Clerk
APPROVED AS TO FORM:
91 4—
M. Kafherine i4p6on
City Attorney
ATTEST:
"DISTRICT"
DESERT SANDS UNIFIED SCHOOL
DISTRICT
By: &M_�GL-nC
Cindy M Oaniel
Its:Assistant Superintendent
Business Services
ATTACHMENT NO. 1
ANNUAL SPECIAL EVENT SCHEDULE
None at this time. Lessor and Lessee agree to meet on an annual basis, during the
first fiscal month of Lessor's fiscal year, at which time Lessor shall notify Lessee of
the dates and times of certain Lessor special events to be held at the Premises.
ATTACHMENT NO. 2
MAP OF CORE AREA TO BE IMPROVED