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2020-2025 CVWD Lease Agreement Amendment 1 - Pioneer Dog Park Well Siteta Qautra — GEM oftb, DF'SI R1 — MEMORANDUM TO: Jon McMillen, City Manager FROM: �r%0iryan McKinney, Public Works Director DATE: February 3, 2020 RE: Pioneer Park Lease, Amendment No 1, Coachella Valley Water District Attached for your signature is Amendment No 1 for the Pioneer Park Lease with Coachella Valley Water District. Please sign the attached agreement(s) and return to the City Clerk for processing and distribution. Requesting department shall check and attach the items below as appropriate X Contract payments will be charged to account number: 503-0000-71060 X Amount of Agreement, Amendment, Change Order, etc.: $1 per year, $5 total for the five-year extension NA A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with no reportable interests in LQ or _ reportable interests NA A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant does not meet the definition in FPPC regulation 18701(2). Authority toexecute this agreement is based u on: NA Approved by the City Council on X City Manager's signature authority provided under Resolution No. 2018-014 for budgeted expenditures of $50,000 or less. This expenditure is $5 and authorized by Bryan McKinney, Public Works Director. NA Initial to certify that 3 written informal bids or proposals were received and considered in selection The following re uired documents are attached to the agreement: Insurance certificates as required by the agreement (approved by Risk Manager on date) NA Performance bonds as required by the agreement (originals) NA City of La Quinta Business License number NA A requisition for a Purchase Order has been prepared (amounts over $5,000) X A copy of this Cover Memo has been emailed to Finance (Claudia) Revised May 2017 ta Q"fra CAI IPIIRNIA February 12, 2020 Coachella Valley Water District Attn: Chris Bogan, Right -of -Way Supervisor 75515 Hovley Lane East Palm Desert, California 92211 RE: PIONEER DOG PARK - AMENDMENT NO. 1 TO LEASE AGREEMENT BETWEEN THE CITY OF LA QUINTA AND CVWD Dear Ms. Bogan, On or about June 16, 2010, the City of La Quinta and CVWD, hereinafter collectively referred to as "Parties," entered into a certain five-year Lease Agreement regarding Pioneer Dog Park. On February 10, 2015, the Parties extended the Term of the Lease Agreement for an additional five-year term, ending on June 16, 2020, pursuant to Article I, Section 1.02 Option to Renew. This letter serves as the City's written notice of the City's option to extend the term of the Lease Agreement for an additional five-year period, ending on June 10, 2025. Enclosed for your review and signature is Amendment No. 1 to the Lease Agreement, executed by the City of La Quinta. If CVWD is in agreement to extend the term of the Lease Agreement, please sign and record the amendment, and provide the City of La Quinta with the executed and recorded copy. Should you have any questions or require additional information, please contact Management Analyst Dianne Hansen at (760) 777 - 7117. Sincerely, Jon McMillen City Manager File: 0652.6 0655. LEASE AMENDMENT NO. I PREMISES: PIONEER DOG PARK La Quinta, California LANDLORD: COACHELLA VALLEY WATER DISTRICT, a public agency of the State of California LESSEE: CITY OF LA QUINTA, a municipal corporation LEASE DATE: June 16, 2010 This Amendment No. 1 to the Lease ("Amendment"), is dated as of s( PZQ_�k 1\ , 2020, for reference purposes only and is entered into by and between COACHELLA VALLEY WATER DISTRICT, a public agency of the State of California ("Landlord" or "CVWD"), and the CITY OF LA QUINTA, a municipal corporation ("Lessee"). NOW, THEREFORE, in consideration of the foregoing and of their mutual covenants contained herein, the parties hereby agree as follows: 1. Background. CVWD and Lessee entered into a Lease Agreement dated June 16, 2010 (collectively, the "Lease"), for certain premises commonly known as the Pioneer Dog Park more particularly described and depicted in the Lease (the "Premises"). CVWD granted Lessee one (1) option to extend the lease for a period of five (5) years ("Extension Period"). The Extension Period commenced on June 16, 20I5 and is scheduled to expire on June 15, 2020. Lessee desires to renew the Lease for a term of five (5) years on the same terms and conditions set forth in the Lease, except to the extent modified in this Amendment. Capitalized terms used in this Amendment without definition shall have the same meaning given to such terms in the Lease. This Amendment shall be effective upon the last date set forth below the parties' signatures. 2. Term. The term of the Lease is hereby extended to June 15, 2025 ("Expiration Date"). 3. Option to Renew. Provided Lessee is not in default under the Lease, Landlord shall grant Lessee an option to renew the then existing Lease for one (1) additional five (5) year lease term (the "Option Term"). The Option Term shall be on the same terms, covenants and conditions set forth in the Lease, as amended herein. The option must be exercised by Lessee delivering written notice to CVWD as provided in Lease Section 8.01, at least three (3) months, but not more than six (6) months prior to the Expiration Date. 4. Delivery of Possession. Lessee hereby agrees that the Premises shall continue to be leased in its "AS -IS" condition. 5. Ratification: Miscellaneous. Except as modified by this Amendment, in all other respects the Lease is hereby ratified and affirmed and remains in full force and effect. This Amendment may be executed in one or more counterparts. 19782,00081 M659760.1 1127l20 050719-4-051 IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the day and year last set forth below. LANDLORD: LESSEE: COACHELLA VALLEY WATER CITY OF LA QUINTA, a California municipal DISTRICT, a public agency of the State of corporation California By: By: Name: -!on McMillen Name: J. M. arrett Its: General Manager Date: '5 ° It - Zoe 19782.00081132659760.1 1/27/20 Its: City Manager Date: Z� ) 0 12Z �—�% ATTEST: By: w` " Name: Monika Radeva Its: City Clerk APPROVED AS TO FORM William H. Ihrke City Attorney, City of La Quinta