CC Resolution 1988-087^!6 211
RESOLUTION NO. 88-87
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA APPROVING AN AMENDMENT TO ThE
DESERT SANDS LA QUINTA JOINT-USE LEASE
SPORTS COMPLEX) AND THE EXECUTION OF A NEW LEASE
WHEREAS, the City of La Quinta the City) has heretofore
entered into a Joint-Use Lease Sports Complex), dated November 3,
a) 1987 the Lease"), with the Desert Sands Unified School District
* the District");
V)
WHEREAS, pursuant to the Lease, the District let to the City
m certain property the Property") for a term of fifty 50) years;
WHEREAS, the District desires to enter into a financing project
with Certificates of Participation, pursuant to which the District
will enter into a Lease-Purchase Agreement the Agreement") with the
Riverside County Schools Financing Corporation for the lease of the
Property;
WHEREAS, in order to enter into such Agreement, the Lease must
be terminated;
WHEREAS, Section 23 of the Lease permits the termination of the
Lease by mutual consent of the parties;
WHEREAS, the City and the District have agreed and determined
that the termination of the Lease is in the best interests of the
City and the District;
WHEREAS, the District and the City have mutually consented to
the termination of the Lease; and
WHEREAS, the City desires to enter into a new lease with the
District, pursuant to which the City will lease, as sublessee, from
the District, as sublessor, the Property for use as a Joint-Use
Sports Complex;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LA QUINTA AS FOLLOWS:
Section 1. Termination of Lease
The City Council of La Quinta the"City Council") hereby
declares its intent to rescind, revoke, cancel and terminate the
Lease. The City Council hereby authorizes and directs the City
Manager of the City the City Manager"), or such person as the City
Manager may designate, to take such actions as may be necessary to
rescind, revoke, cancel and terminate the Lease, including the
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execution of an amendment terminating the Lease substantially in the
form presented to and on file with the Clerk of this City Council,
and attached hereto as Exhibit A, with such changes as the City
Manager, or such person may require or approve, such approval to be
conclusively evidenced by the execution and delivery thereof.
Section 2. Execution of New Lease
The City Council hereby declares its intent to execute a new
lease with the District the New Lease"), whereby the City will
lease, as sublessee, from the District, as sublessor, the Property
for use as a Joint-Use Sports Complex, and the City Council further
approves said New Lease substantially in the form presented to and on
file with the Clerk of this City Council, and attached hereto as
Exhibit B. The City Council hereby authorizes and directs the City
Manager, or such person as the City Manager may designate, for and in
the name and on behalf of the City, to execute, acknowledge and
deliver to the District the New Lease in substantially said form,
with such changes therein as the City Manager, or such person may
require or approve, such approval to be conclusively evidenced by the
execution and delivery thereof.
Section 3. Other Actions
The City Manager, or such person as the City Manager may
designate, is hereby authorized and directed, jointly and severally,
to do any and all things and to execute and deliver any and all
documents which may be necessary or advisable in order to give effect
to this Resolution. Such actions heretofore taken by the City
Manager or such person are hereby ratified, confirmed and approved.
Section 4. Effect
This Resolution shall take effect immediately upon its passage.
Section 5. PASSED, APPROVED and ADOPTED this 21st day of
June, 1988 by the following vote:
AYES: Council Members Bohnenberger, Cox, Pena, Sniff,
Mayor Hoyle
NOES: None
ABSENT: None
ABSTAIN: None
WILLIAM R. HOYLE, Mayor
City of La Quinta, California
City of La Quinta, California
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