2021-2027 DSUSD Joint Use Lease of Sports Complex - Amendment No. 3 - Install Pub Safety Camera SystemPage 1
AMENDMENT NO. 3 TO
DESERT SANDS UNIFIED SCHOOL DISTRICT
LA QUINTA JOINT-USE LEASE (SPORTS COMPLEX)
This AMENDMENT NO. 3 TO DESERT SANDS UNIFIED SCHOOL DISTRICT LA
QUINTA JOINT-USE LEASE (SPORTS COMPLEX) (“Amendment No. 3”) is made
and entered into as of the ___ day of June, 2021 ("Effective Date") by and
between the City of La Quinta a California municipal corporation (as “Lessee”)
and Desert Sands Unified School District (as “Lessor”).
RECITALS
WHEREAS, on or about November 3, 1987, the Lessee and Lessor
entered into that certain DESERT SANDS UNIFIED SCHOOL DISTRICT LA
QUINTA JOINT-USE LEASE (SPORTS COMPLEX) (the “Original Sports Complex
Lease”) for the joint use of certain sports complex premises (defined therein
as the “Premises” and generally referred to as the “Sports Complex”) owned
by the Lessor, along with other terms and conditions (including operations and
maintenance provisions), with the term of the Lease set to expire on
November 2, 2027; and
WHEREAS, on or about November 3, 1987, the Lessee and Lessor
entered into that certain DESERT SANDS UNIFIED SCHOOL DISTRICT LA
QUINTA JOINT-USE LEASE (ADJACENT PARKLANDS) (the “Adjacent Parklands
Agreement”), for the joint use of certain lands described therein, along with
other terms and conditions (including operations and maintenance
provisions), with the term of that agreement set to expire on November 2,
2027; and
WHEREAS, on or about August 7, 1990, Lessee and Lessor entered into
that certain Agreement (“Maintenance Agreement”) for the operations and
maintenance of facilities, to be addressed and decided on annually, in
accordance with Sections 17 and 11, respectively, of the Original Sports
Complex Lease and Adjacent Parklands Agreement; and
WHEREAS, that certain First Amendment to Maintenance Agreement,
executed on or about November 1, 1994, amended the Maintenance
Agreement provisions in Section 17 of the Original Sports Complex Lease to
address perceived and actual needs of both parties with respect to the
operation and maintenance of the Sports Complex; and
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WHEREAS, that certain AMENDMENT NO. 1 TO DESERT SANDS UNIFIED
SCHOLL DISTRICT LA QUINTA JOINT-USE LEASE (SPORTS COMPLEX)
(“Amendment No. 1”) executed on or about April 14, 2010, amended the
Original Sports Complex Lease to, among other amendments, (1) Memorialize
the “Term” of the Original Sports Complex Lease for a period of forty (40)
years commencing from November 3, 1987,, which may be extended for one
additional term of forty (40) years by mutual agreement of the parties ; (2)
Clarify use terms between the parties; and (3) Renovate core areas of the
Sports Complex; and
WHEREAS, that certain AMENDMENT NO. 2 TO DESERT SANDS UNIFIED
SCHOOL DISTRICT LA QUINTA JOINT-USE LEASE (SPORTS COMPLEX)
(“Amendment No. 2”) executed on or about January 22, 2013, amended the
Original Sports Complex Lease, as amended by Amendment No. 1, to make
improvements to, renovate, and expand the sports lighting at the Sports
Complex and to make certain additional administrative amendments; and
WHEREAS, the Original Sports Complex Lease, Amendment No. 1, and
Amendment No. 2 are collectively referred to as the “Lease”; and
WHEREAS, the Lessee and Lessor mutually agree to make public safety
improvements to the Sports Complex and amend Section 5 of the Original
Sports Complex Lease, as more particularly set forth in herein.
AMENDMENT
In consideration of the foregoing Recitals, which are a substantive part
of this Amendment No. 3 and incorporated herein, and the covenants and
promises hereinafter contained, and for good and valuable consideration, the
sufficiency and receipt of which are hereby acknowledged, the parties hereto
agree as follows:
1.Miscellaneous Facility Improvements. Section 5 of the Original Sports
Complex Lease is struck in its entirety and is amended to read as
follows:
5.Miscellaneous Facility Improvements. In addition to
the improvements described in Exhibit “A” of the Original Sports
Complex Lease, Lessor shall construct for utilization by Lessor and
Lessee the following improvements which are intended to mitigate
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potential security, health and safety problems which may arise
from use of the Site including but not limited to:
a.Fencing;
b.Parking, a park site concession stand and maintenance/storage
facilities;
c.Permanent Restrooms – portable restrooms shall not be allowed;
use of school restrooms shall not be allowed except for functions
during which school buildings are utilized;
d.Multi-purpose building;
e.Separate utility service and metering;
f.Amphitheater; and
g.Garbage dumpsters and wall enclosures.
Additionally, Lessee shall construct for utilization by Lessee the
following improvements which are intended to mitigate potential
security, health and safety problems which may arise from use of a
portion of the Site defined as the Premises:
a.Public safety camera system (“PSCS”) – Lessee shall install and
maintain PSCS cameras on the Premises according to the City’s
PSCS Policies and Procedures, adopted pursuant to Chapter
11.100 of the La Quinta Municipal Code, as those Policies and
Procedures may be updated from time to time.
2.Except as specifically amended herein, the Lease shall remain in full
force and effect in accordance with the terms therein.
[signatures on next page]
City of La Quinta
CITY COUNCIL MEETING: June 1, 2021
STAFF REPORT
AGENDA TITLE: APPROVE AMENDMENT NO. 3 TO JOINT-USE LEASE
AGREEMENT WITH DESERT SANDS UNIFIED SCHOOL DISTRICT FOR
PUBLIC SAFETY IMPROVEMENTS TO THE SPORTS COMPLEX
RECOMMENDATION
Approve Amendment No. 3 to Joint-Use Lease Agreement with Desert
Sands Unified School District for public safety improvements to the Sports
Complex; and authorize the City Manager to execute the Amendment.
EXECUTIVE SUMMARY
•The Sports Complex is owned by Desert Sands Unified School District
(DSUSD).
•The Sports Complex is used by more than 1,000 children participating in
after school sports in the evenings and weekends throughout the year.
•The Sports Complex has been subject to wire theft.
•Amendment No. 3 to the Joint-Use Lease Agreement (Attachment 1) will
allow installation of Public Safety Cameras at the Sports Complex as part
of the City’s Public Safety Camera System (PSCS) to mitigate future
security, health and safety problems.
FISCAL IMPACT
None for this action. The PSCS was approved and budgeted as part of Fiscal
Year 2020/21 Capital Improvement Program.
BACKGROUND/ANALYSIS
In 1987, DSUSD and City entered a Joint-Use Lease agreement for the joint
use of the La Quinta Sports Complex. This facility is used by La Quinta sports
associations and maintained by the City. As part of the agreement, the City has
continued to make improvements to increase security and safety. In 2013, the
City renovated and expanded the sports lighting to increase the use of the park
in the evenings. To continue providing a safe environment for the public and to
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protect city property, the City approved the installation of four safety cameras
at the Sports Complex as part of the City’s PSCS Capital Improvement
Program. The PSCS cameras will be installed and used according to the
City’s PSCS’s Policies and Procedures.
In the last two years, the park has been subject to wire theft on four occasions,
causing disruption to youth sports and costing the city approximately $22,000
dollars in damage. The four safety cameras will be located along the perimeter
of the parking lot (Attachment 2).
Amendment No. 3 has been reviewed by DSUSD staff and is scheduled to be
presented to the Desert Sands Unified Board of Trustees on June 8, 2021. This
amendment to the Joint-Use Lease agreement will allow the City to make these
improvements on school property.
ALTERNATIVES
As the installation of the safety camera systems at the Sports Complex
is intended to mitigate potential security, health and safety issues,
staff recommends no alternatives.
Prepared by: Martha Mendez, Public Safety Manager
Approved by: Chris Escobedo, Community Resources Director
Attachments: 1. Amendment No. 3 to Joint-Use Lease Agreement
2. Sports Complex Camera Location Map
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