1992 -2032 Boys & Girls Club of Coachella Valley - Lease - Amendment 1AMENDMENT NO. 1 TO LEASE AGREEMENT
THIS AMENDMENT NO. 1 TO THE LEASE AGREEMENT ("Amendment No. 1 ") is
entered into this 1" day of June 2004, by and between the CITY OF LA QUINTA, a California
municipal corporation ("Lessor"), and the BOYS AND GIRLS CLUB OF COACHELLA
VALLEY ("Lessee"), a California non-profit organization.
RECITALS
WHEREAS, Lessor and Lessee entered into a Lease Agreement dated February 4, 1992
("Lease"), whereby Lessor agreed to lease to Lessee that parcel of real property described in
Exhibit "A" thereto ("Premises");
WHEREAS, the parties hereto agree to modify the Lease in order to allow Lessor to
construct a building on the Premises for use by Lessor, as more fully described in this
Amendment No. 1; and
WHEREAS, Lessor and Lessee desire to have Lessor install an air conditioning unit in
the existing gymnasium portion of the Premises.
NOW, THEREFORE, in consideration of the above recitals and for good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto
agree as follows:
AMENDMENT
1. The Lease is hereby modified to allow Lessor to construct an additional building
on the Premises ("Lessor Improvement"). Lessor Improvement shall be constructed on the real
property legally described in Exhibit "1" attached hereto and shown on the map attached as
Exhibit "22'
2. Lessor shall be responsible for design and construction of the Lessor
Improvement ("Construction Work"). Lessee acknowledges and agrees that, as demonstrated on
Exhibit "2," the Lessor Improvement will share a common wall with Lessee's existing
improvements on the Premises.
3. Notwithstanding any provision of the Lease, said Lessor Improvement shall be the
sole and exclusive property of Lessor. Accordingly, the term "Premises" as defined in Section
1.1 of the Lease is hereby modified to exclude both the real property described in Exhibit "1"
and the Lessor Improvement constructed thereon. Lessor shall be responsible to maintain the
Lessor Improvement.
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4. Lessee understands that the Construction Work may temporarily interfere with
Lessee's activities on the Premises, and Lessee hereby consents to the Construction Work and
grants Lessor and its contractor the use of the Premises necessary to complete the Construction
Work. Lessor agrees to make all reasonable efforts to minimize any such interference.
5. The Lessor Improvements shall be for the sole use of the Lessor and Lessor's
employees, invitees, designees or assigns (collectively, "Lessor Improvement Users"). Lessee
grants to Lessor's Improvement Users the right to all necessary and convenient ingress and
egress from and to the Lessor Improvement, including use of the parking lot on the Premises.
6. Lessee shall purchase and install, at Lessor's expense subject to the cap set forth
herein, air. condition units as more specifically described in Exhibit "3" ("Air Condition Units")
to service Lessee's gymnasium on the Premises within two (2) months of the execution of
Amendment No. 1. Lessor shall reimburse Lessee for the costs of this purchase and installation
promptly upon the submission of satisfactory documentation of the expenses. The total amount
to be reimbursed by Lessor to Lessee shall not exceed One Hundred Thousand Dollars
($100,000.00), without the prior approval of the City Council. The Air Condition Units shall be
considered Improvements for purposes of the Lease. Pursuant to Section 2.1 of the Lease, the
Air Condition Units shall become part of the Premises for the term of the Lease and shall be
surrendered therewith at the end of the Term or sooner termination of the Lease. The Air
Condition Units shall be maintained by Lessee in accordance with Sections 6.1 and 6.2 of the
Lease.
7. The person executing this Amendment No. 1 on behalf of each party warrants that
he/she is duly authorized to execute and deliver this Amendment No. 1 on behalf of the
respective party for which he/she signs and, by so executing this Amendment No. 1, such party is
bound by the provisions of this Amendment No. 1.
8. If any term, provision, covenant or condition of this Amendment No. 1 is held to
be invalid, void or otherwise unenforceable to any extent by any court of competent jurisdiction,
the remainder of this Amendment No. 1 shall not be affected thereby, and each term, provision,
covenant, or condition of this Amendment No. 1 shall be valid and enforceable to the fullest
extent permitted by law.
9. This Amendment No. 1 constitutes the entire agreement between the parties
pertaining to the subject matter hereof, and all prior and contemporaneous agreements,
representations, negotiations and understandings of the parties, whether oral or written, are
hereby superseded and merged herein.
10. This Amendment No. 1 may be executed in two or more counterparts, each of
which together shall constitute one and the same document.
11. Lessor reserves the right to terminate this Amendment No. 1 if it determines not
to proceed with the construction of the Lessor Improvement. In the event of termination, the
Lease shall remain in full force and effect as it existed prior to this modification. If it elects to
terminate in accordance with this section, Lessor shall give Lessee written notice.
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12. Except as specifically expressed herein, all other terms, conditions and provisions
of the Lease shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized
representatives to execute this Amendment No. 1 on the dates set forth below.
"Lessee "
Boys and Girls Club of Coachella Valley, a
non-profit organization
"Lessor"
City of La Quinta, a California municipal
corporation
By: By:
Its: 0 F fl c. s:
a
Date: ��'�'� r4 r 06 Date: i
APPROVED AS TO FORM:
By:
M. Katterine Jensorwtity Attorriby
ATTEST:
(:R� k" ���
t- Jun S. Greek, City Cler
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