HomeMy WebLinkAboutCC RES 81-013RESOLUT ION N0. 81- 13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING THE TERMS OF
A LEASE AGREEMENT BETWEEN THE CITY OF PALM DESERT
AND THE DESERT SANDS UNIFIED SCHOOL DISTRICT FOR
USE OF A PORTION OF THE DISTRICT'S "HIGH SCHOOL
SITE" FOR A SPORTS COMPLEX.
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WHEREAS, the City of Palm Desert is desirous of developing a
Recreational Sports Complex which will require about 15 acres of
land; and �
WHEREAS, the Desert Sands Unified School District is the
owner of a 40-acre parcel of land in the City, which is commonly
referred to as "the high school site" and which is located
generally west of Cook Street and south of the Whitewater Channel;
an d
WHEREAS, mutual benefits to the consituents of both agencies
can be realized through the temporary and possibly permanent utili-
zation of a portion of "the high school site" for a Sports Complex.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Palm Desert, California, that the terms of a Lease Agreement,
attached hereto and made a part hereof as Exhibit "A" are satis-
factory and acceptable to the City of Palm Desert, and that the
Mayor and City Manager are hereby authorized to sign said lease on
behalf of the City of Palm Desert.
PASSED, APPROVED, and ADOPTED by the City Council of the City
of Palm Desert, California, at their Regular Meeting held on the
�� day of �anuar� , 1981, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
McPherson, Newbrander, Puluqi, Snyder & Wilson
None
None
e
None
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J HEILA R. LLIGAN, ITY CLERK
CITY OF PALM DESE , CALIFORNIA
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INTEROFFICE MEMORANDUM
City of Palm Desert
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TO: CITY COUNCIL AND CITX MANAGER
FROM: ASSISTANT CITY MANAGER
SUBJECT:�NDMENT TO COOK STREET LAND LEASE DATE:June 3, 1982
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Reco�endation :
Approve an amendment to section 2 of the lease entered into on
January 22, 1981, between the City of Palm Desert and the Desert
Sands Unified School District. Specifically, section 2 of such
lease shall be amended to now read: �
2. Term: The term of this agreemen t, as amended, sha11 be
e��ctive for a period of twenty-five (25) years from
the date of execution of amendment or until the termin-
ation hereof by�either-party as set forth herein.
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CAIZLOS L . ORTEGA
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L E A 5 E
This Lease, made and entered into this January 22� 1981,
by and between the Desert Sands Unified School District, hereinafter referred
to as Lessor, and the City of Palm Desert, a Municipal Corooration, hereinafter
referred to as Lessee,
W I T N E S S E T H: .
Whereas, Lessor is the owner of certain'real property located in
the City of Palm Desert, County of Riverside, State of California, consisting
of forty (40) acres, wh ich is intended for use as a future High School Site,
and which is hereinafter sometimes referred to as the "Site";
Whereas, Lessee desires to lease from Lessor a portion of said
Site for use and development of a Sports Complex, hereinafter sometimes
refer�ed to as the "Complex", and Lessor is agreeable to the same including
the reservation of certain rights in Lessor;
Now Therefore, in consideration of the Premises and of the mutual
covenants and conditions hereinafter contained� the parties hereto-do hereby
convenant and aqree as followss
1. Lease of Premises: Lessor does hereby lease to Lessee that
cer�ain.portion of said Site, consisting of approximately 15 acres, hereinafte�_
referred to as the "Premises" and more particularly described on "Attachment A"
which is attached hereto an� incorporated herein by this reference as though
fully set forth herein and hereat. upon and subject to all of tt�e terms, cove-
nants and conditions hereinafter set forth;
. 2. Term: The tezm of this Lease shall be one (1) year commencinq
on the date hereof and terminating on the January 21, 198� provided, however,
that this Lease shall be automatically renewed for each subsequent year on
Each successive anniversary date of the co�nencement hereof, without any
additional act or deed of either party hereto other than payment of•
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. fULLIVAN, JA.
�wT♦ COYN�[l
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/ T. SUI.LIVAN, JR. II
:OVN7Y couw�ct I
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the annual rental as set forth herein by Lessee to Lessor, until the termina-
tion hereof by either perty as set forth herein;
3. Rental: Concurrently with the execution hereof j'essee shall
pay to Lessor the sum of One Dollar ($1.00? as and for rental of the Premises
for the first year of the term hereof, and, on each successive anniversary
date of the commencement hereof, an additional sum of One Dollar (51.00) as
rental for each successive yearly renewal term of.this Lease;
4. Use of Premises: In conjunction with, and as further considera-
tion for, the Lease of the Premises hereunder, Lessee shall develop and con-
struct upon said Premises, at its sole expense, the aforementioned Complex,
in the following manner:
a. Lessee, employing and utilizing competent professional
planners, shall develop a Master Plan for said Complex which shall, to the
greatest extent possible, provide for the incorporation of the facilities of
said Complex into the most probable future plans for a high school, in such
manner that said Complex, constructed and operational in accordance with said
Master Plan, may ultimately form a portion of the high school facilities in-
tended to be constructed upon the said Site, it being specifically provided,
however, that said Master Plan s�hall be approved by Lessor, in the sole
exercise of its discretion, prior to the commencement of any constrUction
of the complex upon the Premises;
b. Said Complex may include and accommodate, but not be
limited to, such �ublic uses as baseball, football, basketball, soccer,
tennis, vehicle parking, restrooms, drinking fountains,�bleachers and equipment
storage facilities;
c. Lessee, in the development and construction of said
Complex, will cooperate with the Palm Desert Youth Sports Association, the
Coachella Valley Recreation and Park District, the College of the Desert,
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and such other agencies as may be r�ecessary and a�+pi-ol�r iate;
d. Lessee shall bear all expense and responsibility of
development and construction of the Cor�plex in accordance with said P�aster Plan,
and shall guarantee first class quality construction of a permanent nature, to
the satisfaction of Lessor of all facilities installed and constructed on
said Premises, and shall fully maintain said Premises and all such facilities
during the term, and any extension of the term, hereof;
5. Condition of Premises: By its execution of this Lease, Lessee
accepts the Premises in their presently existing condition, acknowledges that
the Premises are in good and usable condition and agrees that Lessor shall
not be obligated to make any alterations, additions or improvements
thereto;
6. Assi nment, Sublease: Lessee shall not assign this Lease or
, � - - - - -
Sublease the leased Premises, or any portion thereof, without the written
consent of Lessor being first had and obtained, provided, hocaever, that nothing
herein contained shall be deemed to prevent Lessee from entering into agreeJnents
with public or private organizations or parties for maintenance and use of the
Complex or portions thereof, upon the express further candition that the
Complex shall remain fully available for use of the general public and such
uses desired and arranged by Lessor as provided in paragraph 8 hereof, as here-
inafter set forth;
7. Ownership of Constructed Facilities: Any and all facilities and
equipment installed or constructed upon the Premises by Lessee as hereinabove
set forth shall remain the property of Lessee during the term, and any ex-
tension of the term hereof, and upon termination of this Lease, shall be .
subject to the terms and provisions of paragraph 13 hereof, as hereinafter
set forth:
S. Reservation of iti�hts in Lessor: Lessor r�ay request a reser-
ULLIVAM. JR II
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vation f.or the use of the Complex, or any portion thereof, at any time, and
from time to time. Lessee, to the extent that such request does not conflict
with previously made schedules or commitments, shall accomodate Lessor's
�request
I 9. Inspection of Premises: Lessor shall have the right to in-
spect the Premises and all improvements thereon at any time during norr.�al
iness hours;
10. fiold Harmless:
a. Lessee shall hold Lessor, its officers, agents, employees
land independent contractors free and harmless from any claims, damands, debts,
!suits, actions, causes of action and any liability whatsoever, including
1 2 wrongful death, based or asserted upon any act or omission of Lessee, its
1 3 officers, agents, employees, and independent contractors, arising out of or in an�
14 manner connected with the use of the Premises leased hereunder or the condition
1 5 thereof, and Lessee shall defend, at its sole expense, including attorney
1 6 fees, Lessor, its officers, agents, employees and independent contractors in any
17 legal action based upon such alleged acts or omissions: �
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�T. SUILvVAN. 3R. I
OVM�Y COUM�[l
.b. Lessor st�all hold Lessee, its officers, agents, employees
and independent contractors free and harmless from any claims, demands, debts,
suits, actions, causes of action and liability whatsoever, including wrongful
,death, based or asserted upon any act or or�ission of Lessor, its officers,
agents, employees, and independent contractors, arising out of or in any manner
connected with the possession and use by Lessor of that portion of said Site
which does not constitute a portion of the Premises leased hereunder, and
Lessor shall defend, at its sole expense, includinq attorney fees, Lessee,
its officers, agents, employees and independent contractors in any legal action
based upon any such alleged acts or omissions; �
11. Utilities: Lessee shall provide and cause to�be installed at no
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AY T. SULLIVAN, JR. I
couMrr co�M�ct
expense to Lessor all utility services required for said Com�lex in accordance
with the said Master Plan as approved by Lessor, including, but not by way of
limitation, electricity, gas, refuse and sewage disposal and water, the usage
and service fees for all of which shall be oaid by Lessee;
12. Waste: Lessee shall not commit or suffer to be committed any
waste to the Premises or permit any nuisances to be committed thereon or do
any act or thing which reasonably interferes with the quiet enjoyment of sur-
rounding property;
13. Termination, Removal of Facilities: Either party hereto may
terminate this Lease by the giving of at least 1-20 days written notice of its
intention so to do and of the effective date of such termination to the other
party, subject to the following provisions:
a. In the event this Lease is terminated at the instigation
of Lessee, Lessor may, at its sole option, require Lessee to remove any and
all facilities constructed or installed by Lessee upon said Premises, and upon
failure of Lessee so to do, Lessor may cause the removal of such facilities
and equipment as it may desire to have removed, and bill Lessee for any and
all costs and expenses involved therein, and Lessee hereby covenants and
agrees to pay and reimburse Lessor for any and all such costs and expenses;
b. In the event this Lease is terminated at the instigation
of Lessor, Lessee may, at its sole ontion, remove and salvage any or all of
such facilities and equipment, but shall not be required so to do, it being pro-
vided that in such event, any and all facilities and equipment remaining on the
Premises after the effective date of termination hereof, shall immediately and
irrevocably become the property of Lessor;
c. In the event this Lease is terminated at the instigation
of Lessor as a result of Lessor's intention to develop said Site as a high
school, Lessor shall state such intention in its notice of termination to
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fULLIVAN. JR. �I
.�r co�ws�t
.I�R►1�♦ •106.
A[ f�tlin��+i•
Lessee, and the parties hereto shall meet to attempt to neyotiate a mUtually
agreeable purchase price for such facilities and equi�ment as may be desired by
Lessor, the first of such meetings to take place no More than 30 days from and
after the date of givinq of said notice of termination, provided, however,
that in the event a mutually agreeable price cannot be negotiated, or can be
negotiated for only a portion of said facilities, Lessor shall permit, but may
not require, Lessee to remove and salvage any or all of said facilities and
equipment not purchased by Lessor hereunder;
14. Sale by Lessor: In the event Lessor desires to divest itself of
ownership of the Site, or any portion thereof, whether or not including all or
any portion of the Premises hereunder, by sale or ot}�erwise, Lessee shall
have a right of first refusal to purchase such real property intended to be
sold, in accordance with the then current laws of the State of California
governing disposition of such publicly owned property;
15. Miscellaneous Provisions:
a, Lessee covenants and acknowledqes that in no event shall
this Lease, the construction of facilities or rights and�privileges extended to
Lessee hereunder be a factor in any fut�re determination by Lessor whether or
not to develop and construct a high school on said Site:
b. Lessee shall observe all statutes, rules, regulations and
ordinances relating to the use of the leased Premises, whether state, federal
or local;
c. No waiver by Lessor of any of the terms and conditions
hereof shall be deemed or construed as a waiver at any time thereafter of the
same or of any other terms or conditions hereof, or of the strict and timely
performance of such terms and conditions.
d. The invalidity of any term or provision of this Lease as
determined by a court of competent jurisdiction shall in no way affect the
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validity of any other term or provision hereof;
e. Any notices required or permitted to be served by either
party upon the other may be made by personal delivezy or by regular mail to
such party at the respective addresses as set forth below:
i Lessor: Lessee:
Desert Sands Unified City of Palm Desert
School District
82-879 Highway 111 Palm Desert, California
Indio, California 92201
or at such other addresses as from time to time shall be designated by the
respective parties;
In c9itness Ylhereof, the parties hereto have caused these presents to
be executed this day and year first above written by their respective duly
authorized representatives, having full authority so to act.
LESSOR: DESERT SANDS UNIFIED SCHOOL DISTRICT �
� F � '1
By ,-�� �e � r�.' �� -� _ � � - � -r �� �� •- �
Ralp E 47ilson, Silper�intendent of Schools
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LESSEE:
CIT��_aLM Q„ E�T, A l9UNICIPAL CORPORATION
�%"'� ��--� •
By % ' r / C.. _
sy
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. fULIIVAN. JR. II
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�ES H. ANGELL I
�UNTY COUNSEL
V LIHAAqY BLDO.
ISIDE, CAUFORNIA
EXHIBIT "A"
January 22, 1981
LEASE
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This Lease, made and entered into this day of , 1981
�by and 5etween the Oesert Sands Unified School District, hereinafter referred to
las Lessor, and the City of Palm Desert, a Municipal Corporation, hereinafter
referred to as Lessee,
WITNESSETH:
Whereas, Lessor is the owner of certain real property located in the
City of Palm Desert, County of Riverside, State of California, consisting of
forty (40) acres, which is intended for use as a future I�igh School Site, and
which is hereinafter sometimes referred to as the "Site";
Whereas, Lessee desires to lease from Lessor a portion of said Site
�ifor use and development of a Sports Complex, hereinafter sometimes referred to
as the "Complex", and Lessor is agreeable to the same including the reservation
lof certain rights in Lessor;
Now Therefore, in consideration of the Premises and af the mutual
�Icovenants and conditions hereinafter contained, the parties hereto do hereby
covenant and agree as follows:
1. Lease of Premises: Lessor does hereby lease to Lessee thai
I�certain portion of said Site, consisting of approximately 15 acres, hereinafter
referred to as the "Premises" and more particularly described on "Attachment A",
which is attached hereto and incorporated herein by this reference as though
fully se� forth herein and hereat, upon and subject to a11 of the terms, cove-
nants and conditions hereinafter set forth;
2. Term: The term of this Lease shall be one (1) year, comnencing
on the date hereof and terminating on the day of , 1982;
provided, however, that this Lease shall be automatically renewed for each sub-
seguent year an each successive anniversary date of the commencement hereof,
without any additional act or deed of either party hereto other than payment of
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�AES H. ANC3ELL
ouNrrcouNse�
w uaR•Rr e�aa.
iRS10E. CAUFORNIA
the annual rental as set forth herein by Lessee to Lessor, until the termination
hereof by either party as set forth herein;
3. Rental: Concurrently with the execution hereof Lessee shall pay
to Lessor the sum of One Dollar ($1.00) as and for rental of the Premises for
the first year of the term hereof, and, on each successive anniversary date of
the car�nencement hereof, an additional sum of One Dollar ($1.00) as rental for
each successive yearly renewal term of this Lease;
4. Use of Premises: In conjunction with, and as further considera-
tion for, the Lease of the Premises hereunder, Lessee shall develop and construct
upon said Premises, at its sole expense, the aforementianed Complex, in the
following manner:
a. Lessee, employing and utilizing competent professional
planners, shall develop a Master Plan for said Complex which shall, to the
greatest extent possible, provide for the incorporation of the facilities of
said Complex into the most probable future plans for a high school, in such
manner that said Complex, constructed and operational in accordance with said
Master Plan, may ultimately form a portion of the high school facilities in-
�'�tended to be constructed upon the said Site, it being specifically provided,
however, that said Master Plan shall be approved by L2ssor, in the sole exercise
of its discretion, prior to the commencement of any construction of the complex
upon the Premises;
b. Said Complex may include and accommodate, but not be limited
fto, such public uses as baseball, football, basketball, soccer, tennis, vehicle
�parking, restrooms, drinking fauntains, bleachers and equipment storage
Ifacilities;
c. Lessee, in the development and construction of said Complex,
will cooperate with the Palm Desert Youth Sports Association, the Coachella
�Valley Recreation and Park District, the College of the Desert, and such other
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��agencies as may be necessary and appropriate;
d. Lessee shall bear all expense and responsibility of develop-
��ment and construction of the Complex in accordance with said Master Plan, and
�shall guarantee first class quality construction of a permanent nature, to the
�satisfaction of Lessor of all facilities installed and constructed on said
Premises, and shall fully maintain said Premises and a11 such facilities during
the term, and any extension of the term, hereof;
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5. Condition of Premises: By its execution of this Lease, Lessee
accepts the Premises in their presently existing condition, acknowledges that th
iPremises are in good and usable condition and agrees that Lessor shall not be
obligated to make any alterations, additions or improvements thereto;
6. Assignment, 5ublease: Lessee shall not ass�gn th�s Lease or Sub-
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]ease the leased Premises, or any portion thereof, without the written consent
of Lessor being first had and obtained, provided, however, that nothing herein
contained shall be deemed to prevent Lessee from entering into agreements with
public or private organizations or parties for maintenance and use of the Compl
jor portions thereof, upon the express further condition that the Complex shall
remain fully available for use of the general public and such uses desired and
arranged by Lessor as provided in paragraph 8 hereof, as hereinafter set forth;
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E3 H. ANGELL
�uNrr couNSE�
u ueMRr s�oo.
1910E CAUFORNIA
7. Ownership of Constructed Facilities: Any and all facilities and
equipment installed or constructed upon the Premises by Lessee as hereinabove
'set forth shall remain the property of Lessee during the term, and any extension
of the term hereof, and upon termination of this Lease, shall be subject to the
�,terms and provisions of paragraph 13 hereof, as hereinafter set forth;
8. Reservation of Rights in Lessor: lessor may request a reservation
for the use of the Complex, or any portion thereof, at any time, and from time
to time, throughout the term or any extension of the term hereof. Lessee, to
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IES H. AN(3ELL
IUNTYCOUN$EL
Y LIBRARY E100.
iSIOE, CAUFORNIA
�the extent that such use does not conflict with previously made. schedules or
�committments, shall honor Lessor's request.
9. Inspection of Premises: Lessor shall have the right to inspect
the Premises and all improvements thereon at any time during normal business
hou rs ;
10. Hold Harmless:
a. Lessee shall hold Lessor, its officers, agents, employees and
independent contractors free and harmless from any claims, demands, de6ts,
suits, actions, causes of action and any liability whatsoever, including wrong-
ful death, based or asserted upon any act or omission of Lessee, its officers,
agents, employees, and independent contractors, arising out of or in any
manner connected with the use of the Premises leased hereunder or the condition
thereof, and Lessee shall defend, at its sole expense, including�attorney fees,
Lessor, its officers, agents, employees and independent contractors in any legal
action based upon such alleged acts or omissions:
b. Lessor shall hold Lessee, its officers, agents, employees and
independent contractors free and harmless from any claims, demands, debts, suits;
actions, causes of action and liability whatsoever, including wrongful deatr,
based or asserted upon any act or omission of Lessor, its officers, agents,
employees, and independent contractors, arising out of or in any manner connecte�
with the possession and use by Lessor of that portion of said Site which does
not constitute a portion of the Premises leased hereunder, and Lessor shall
defend, at its sole expense, including attorney fees, Lessee, its officers,
agents, employees and independent contractors in any legal action based upon
any such alleged acts or omissions; �
11. Utilities: Lessee shall provide and cause to be installed at no
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ES H. ANGELL
un�v cour+se�
I UBRAqY B�OCi,
isioe. cauFORNi� .
expense to Lessor all utility services required for said Complex in accordance
with the said Master Plan as approved by Lessor, including, but not by way of
limitation, electricity, gas, refuse and sewage disposal and water, the usage and
service fees for all of which shall be paid by Lessee;
12. Waste: Less�e sha11 not commit or suffer to be committed any
�waste to�the Premises or permit any nuisances to be committed thereon or do any
act or thing which reasonably interferes with the quiet enjoyment of surrounding
;property;
13. Termination, Removal of Facilities: Either party hereto may
terminate this Lease by the giving of at least 120 days written notice of its
'�intention so to do and of the effective date of such termination to the other
jparty, subject to the foilowing provisions:
a. In the event this Lease is terminated at the instigation of
�Lessee, Lessor may, at its sole option, require Lessee to remove any and all
facilities constructed or installed by Lessee upon said Premises�, and upon
failure of Lessee so to do, Lessor may cause the removal of such facilities and
equipment as it may desire to have removed, and bill Lessee for any and all
costs and expenses involved therein, and Lessee hereby covenants and agrees to
�,pay and reimburse l.essor far any and all such costs and expenses;
b. In the event this Lease is terminated at the instigation of
ILessor, Lessee may, at its sole option, remove and salvage any or all of such
�facilities and equipment, but shall not be required so to do, it being provided
that in such event, any and all facilities and equipment remaining on the
Premises after the effective date of termination hereof, shall imnediately and
irrevocably become the property of Lessor;
c. In the event this Lease is terminated at the instigation of
Lessor as a result of Lessor's intention to develop said Site as a high school,
Lessor shall state such intention in its notice of termination to Lessee, and
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►MES H. AN(3ELL
couNTrcouHSE� �
�W UBMRY BLD(i.
�ERSIDE, CAUFORNIA
the parties hereto shall meet to attempt to negotiate a mutually agreeable
purchase price for such faciTities and equipment as may be desired by Lessor,
�the f�rst of such meetings to take place no more than 30 days from and after the
date of giving of said notice of tei�mination, provided, however, that in the
event a mutually agreeable price cannot be negotiated, or can be negotiated for
only a portion of said facilities, Lessor shall permit, but may not reguire,
Lessee to remove and salvage any or all of said facilities and equipment not
purchased by Lessor hereunder; �
14. Sale by Lessor: In the event Lessor desires to divest itself of
ownership of the Site, or any portion thereof, whether or not including all or
�any portion of the Premises hereunder, by sale or otherwise, Lessee shall have
�a right of first refusal to purchase such real property intended to be sold, in
'accordance with the then current laws of the State of California governing
disposition of such publicly owned property;
15. Miscellaneous Provisions:
a. Lessor covenants and acknowledges that in no event shall this
Lease, the construction of facilities or rights and privileges extended to
Lessor hereunder be a factor in any future determination by Lessor whether or
not to develop and construct a high school on said Site;
b. Lessee shall observe all statutes, rules, regulations and
ordinances relating to the use�of the leased Premises, whether state, federal
or local;
c. No waiver by Lessar of any of the terms and conditions hereof�
I shall be deemed or construed as a waiver at any time thereafter of the same
or of any other terms or conditions hereof, or of the strict and timely
performance of such terms and conditions;
d, The invalidi�y of any term or provision of this Lease as
determined by a court of competent jurisdiction shall in no way affect the
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'CA: nb 2?
,/8/81
28
�ES H. AN(3ELL
�uNrrcouNse� I
V UBRAqY 8100.
i51DE. CAUFOqNIA
validity of any other term or provision hereof;
e. Any notices required or permitted to be served by either
party upon the other may be made by personal delivery or by regular mail to such
party at the respective addresses as set forth below:
Lessor: Lessee:
Oesert Sands Unified City of Palm Desert
School District
82-879 Highway 111 Palm Desert, California,
Indio, California 92201
or at such other addresses as from time to time shall be designated by the
respective parties;
In Witness Whereof, the parties hereto have caused these presents
to be executed this day and year first�abave written by their respective duly
authorized representatives, having full authority so to act.
Desert Sands Unified School District
By:
name tit e
"Lessor"
City of Palm Desert, a Municipal Corporation
�
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By; . o..: . � � � ;: � �/ .
;� �/ t�t e
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gy /
nam
�.
"Lessee"
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, ti,t e ;
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