1993-10-19 Boys & Girls Club of Coachella Valley - Lease Amend 3 Youth Ctr ImprovI
SECOND AMENDMENT
TO LEASE AGREEMENT
THIS THIRD AMENDMENT TO LEASE AGREEMENT is entered into this � day of
d0_� 1993 by and between the CITY OF LA QUINTA, a public body corporate and politic
(the "Lessor") and THE BOYS AND GIRLS CLUB OF COACHELLA VALLEY, a California
nonprofit corporation (the "Lessee").
RECITALS
The following recitals are a substantive part of this Amendment and are incorporated
herein:
A. The Lessor and Lessee originally entered into that certain Lease Agreement dated
February 4, 1992 (the "Lease"), a First Amendment to Lease Agreement dated December 1,
1992 (the "1992 First Amendment"), and a second amendment to Lease dated July 26, 1993
(which was erroneously titled "First Amendment to Lease") (the 1993 First Amendment"),
copies of which are on file as public record with the City Clerk of the City of La Quints and
which are incorporated herein by reference.
B. The Lease provides that the Lessee shall obtain building permits and begin
construction of the youth center Improvements within one year of the date of execution of the
Lease and shall complete construction within eighteen (18) months of obtaining building permits.
C. The 1993 First Amendment provides additional time for the Lessee to obtain
building permits and complete construction of the Improvements.
D. The parties desire by this Second Amendment to provide for additional time for
the Lessee to obtain building permits and begin construction.
NOW, THEREFORE, the Lessor and Lessee do hereby agree to amend the Lease
Agreement as follows:
NOW, THEREFORE, the Parties hereto agree as follows:
1. Section 2.1 of the Lease shall be amended to read as follows:
2.1 Construction, Inspection by Lessor and Right to Improvements.
Lessee shall construct or cause to be constructed the improvements
on the Premises as set forth in the Scope of Development attached hereto as
Exhibit "B" and made a part hereof ("Improvements") which Improvements shall
include a youth center of approximately 24,000 square feet on the corner of Park
Avenue and Avenue 50 in the City of La Quinta. Building permits shall be
obtained and construction begun on the Improvements on or before January 1,
1994. Lessee shall provide status reports to Lessor concerning all actions taken
towards commencing construction at six (6)-month intervals from the date of
execution of this Lease by the Lessor until a certificate of occupancy has been
issued for the Improvements. Completion of construction shall be on or before
September 1, 1994. Lessee covenants with Lessor that the Improvements of
whatsoever nature constructed by Lessee on the Premises shall be constructed at
Lessee's sole cost and expense in a good workmanlike manner according to and in
conformity with plans and specifications to be submitted to Lessor pursuant to
Section 2.2 below and in compliance with all applicable municipal building and
zoning laws and with all other laws, ordinances, orders, rules, regulations and
requirements of federal, state and municipal governments and appropriate
departments, commissions, boards and officers thereof. At all times during
construction, and prior to completion, of the Improvements, Lessor shall have the
right, after not less than twenty-four (24) hours notice to Lessee, to enter upon the
Premises in the company of a representative of Lessee for the purpose of
inspecting the same, provided that such entry and inspection shall not unreasonably
interfere with Lessee's construction of the Improvements. Any and all
Improvements which are made by Lessee to the Premises shall be owned by
Lessee during the Term but shall remain a part of the Premises and be surrendered
therewith at the end of the Term or sooner termination of this Lease, at which
time the same shall become the property of Lessor.
2. No Other Changes. Except as provided herein, the Lease, and the other
documents attached to the Lease, shall remain in full force and effect, without modification. Any
terms not defined herein shall have the meanings set forth in the Lease.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the
dates set forth below.
CITY OF LA QUINTA, a public body corporate
and politic
Dated:/&&O of , 1993 By: (,- �,
Mayor
"LESSOR"
PURL:7607_111871B2588.0 2
APPROVED AS TO FORM:
iG(If�C.f
Stradling, Yocca, Carlson & Rauth
Dawn C. Honeywell, City Attorney
Dated: W. I` , 1993
BOYS AND GIRLS CLUB OF COACHELLA
VALLEY, a California nonprofit corporation
By:
Its:
"LESSEE"
3
C
PUBL:7607_111871B2588.0
MERCHANTS BONDING COMPANY
2425 E. Camelback #800, Phoenix, Arizona 85016
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
APPROVED BY AMERICAN
INSTITUTE OF ARCHITECTS
DOCUMENTA311
FEBRUARY 1970 ED.
That R D P Inc. as Principal, hereinafter called Contractor, and
Merchants Bonding Company (Mutual)
as Surety, are held and finny bound
City of La Quints
_ as Obligee, hereinafter called Owner, in the sum of
Two Thousand Five Hundred Dollars and no/100****************************
Dollars
(S 2 SOO.00 ****** ), , for the payment of which sum, well and truly to be made, the Contractor and Surety bind themselves, their
heirs, executors, aeminiettem . aaccess rs and coigns, jointly and severally, firmly by those presents.
August 3, 1993
WHEREAS, The Contractor has entered into a wrtten contract dated with the Owner for
La Quinta Boys & Girls Club of Coachella Valley - Fugitive Dust Control
in accordance with drawings and specifications prepared by
which contract is by teferwtce modes part hareof, and is hereinafter rsfa, toes the Contract.
NOW. THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Convector shall promptly and faithfully perform aid Con•
tract, than this obligation shall be null and void; otherwise it shall remain in full force and effect.
The Surety hereby wweives notice of any alteration or extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligation
thereunder, the Surety may promptly remedy the default, or shall promptly —
1. Complete the Contract in accordance with its terns and conditions, or
2. Obtain a bid or bids for completing the Contract in accordance with its terms and condition, and upon determination by Surety of the
lowest responsible bidder, or, If the Owner slocts, upon determination by the Owns and the Surety jointly of the lowest responsible bidder,
arrange for a contract between such bidder and Owner, end stake available as Work progreesa lawn though there should be a default or a
succession of defaults under the contract or contracts of completion arranged under this p- so spa ) sufficient funds to lay the cost of com-
pletion Net the balance of the contract prim; but not excesding, including other can and damages for which the Surety may be llama hers -
under, the amount set forth in the first parngrop! n hereof. The term "balance of the contract prim," as used In this paragraph, shall mean the
total ornota t payable by Owner to Contractor under the Contract and any amendments thereto, lase the amount property paid by Owner to
Contractor.
Any suit under this bond must be Instituted before the expiration of two (2) Veers from the date on which -
final payment under the Con-
t..,. s.u..�.. —
w the heirs,
State of California
County of Riverside appeared Ann iiillard rsonally known to me
�153 before me, Heather R. Degele, per aPPe —�.. �a
Dn ed IWf�FiEK � s EGELE�
o be the person whose name is subscribed to the within instrument arc at)�COMM.M986 E
x72
ecuted same in her capacity as Attorney -in -Fact for Merchants B Notary Public-Califomia ()
Wit" S Illy hand S Officia4 RIIVERSIDECOUNTY O
t MFebruary 2ll, 1x997
ry
Title
Merchants Bonding Company (Mutual)
(Surety)
IQ,�A UAg
Bond No. CA701409 By
a r 4!4Attomwla Fact
OC•14
8028 1/10/90 SFINGI & HANNON INS. SERV.
Merchants Bonding Company
(Mutual)
POWER OF ATTORNEY
w All Men By These Presents, that the MERCHANTS BONDING COMPANY (Mutual), a corporation duly organized under the laws
State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and
appointed, and does by these presents make, constitute and appoint
>>>FRANK W. ANDERSON**BRADLEY P. DRUEHL**DANA HULLETT**ANN WILLARD<<<
>>X<<
>>X<<
Of INDI O and State of CA its true and lawful Attorney -in -Fact, with full power
and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety:
>>>ONE MILLION DOLLARS($1,000,000.00)<<<
and to bind the MERCHANTS BONDING COMPANY (Mutual) thereby as fully and to the same extent as if such bond or undertaking was
signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (Mutual), and all the acts of said Attorney, pursuant to
the authority herein given, are hereby ratified and confirmed.
This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of
the MERCHANTS BONDING COMPANY (Mutual).
ARTICLE 2, SECTION 8. — The Chairman of the Board or President or any Vice President or Secretary shall have power and
authority to appoint Attorney -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the
Company thereto, bonds and undertakings, recognizances, contracts of indemnity and otherwritings obligatory in the naturethereof.
ARTICLE 2, SECTION 9. — The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any
Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other
suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though
manually fixed.
In Witness Whereof, MERCHANTS BONDING COMPANY (Mutual) has caused these presents to be signed by its Vice President and
President, and its corporate seal to be hereto affixed, this 15th day of October A.D.,19 92
Attest:
A / 4",ff-
Vlc0Presldent
STATE OF IOWA
COUNTY OF POLK as.
MERCHANTS BONDING COMPANY (Mutual)
� r • . @ p �
.4�XA, CO�A'.
By
• 1933
President
s+ N ... ...,��
r +Y p
On this 15th day of October 19 92 before me appeared M.J. Long and
Rodney Bliss III, to me personalty known, who being by me duly sworn did say that they are Vice President and President respectively
of the MERCHANTS BONDING COMPANY (Mutual), the corporation described in the foregoing instrument, and that the Seal affixed
to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said
Corporation by authority of its Board of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal, at the City of Des Moines, Iowa the day and year first
above written.
GCJ ��•��
Notary Public, Polk County, Iowa
My Commission Expires
11-4-95
STATE OF IOWA
COUNTY OF POLK so.
I, M.J. Long, Vice President of the MERCHANTS BONDING COMPANY (Mutual), do hereby certify that 1l�9 and
foregoing is a true and correct copy of the POWER OF ATTORNEY, executed by said MEi N70 IN13
COMPANY (Mutual), which is still in force and effect. . p p 0
•may
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company, at C, ?
this 3rd day of August 19. 93
�9
• ci a This power of attorney expires December 31, 1995.
MB96 10/92