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HomeMy WebLinkAboutC16976 6th amendment to lease agreement - Desert Sands Unified\-\ REQUEST: Contract No. C16976 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT Approval authorizing the Mayor to execute the sixth amendment to the lease agreement with Desert Sands Unified School District for the Palm Desert Community Park at Palm Desert Middle School SUBMITTED BY: Jeff Winklepleck, Parks and Recreation Planning Manager DATE: November 18, 2004 CONTENTS: Amendment to lease agreement Recommendation: By minute motion , that the City Council authorize the Mayor to execute the Sixth Amendment to the Lease Agreement with Desert Sands Unified School District for the Palm Desert Community Park at Palm Desert Middle School Executive Summary/Discussion: The Sixth Amendment to the Lease Agreementforthe Palm Desert Community Park extends the lease that the City holds on the property with Desert Sands Unified School District through June 30, 2005. The lease has been extended on a year to year basis for the past five years in anticipation of DSUSD implementing their master plan for the school. According to DSUSD, construction will begin in Summer2005. The master plan includes improving and expanding the active facilities into the City -owned Rutledge strip. As DSUSD is precluded from improving leased land, DSUSD and the City will need to execute a land swap agreement which will transfer Rutledge strip to DSUSD and the Palm Desert Community Park to the City. Staff will present the proposed agreement to the City Council when available. G \Planning\Jeff Wmklepleck\wpdocs\MlscelLIneous\pdconanunnyparkamendb wpd Contract No. C16976 Staff Report DSUSD Lease Agreement Page 2 November 18, 2004 Staff recommends that the City Council approve the Sixth Amendment to the current lease agreement for the Palm Desert Community Park. Sub, itted by: Department Head: Jeff Win I ' Parks and Recreation Phil Drell, Director of Community Development Planning Man. ' -r Approval: Homer Croy,/ ' CM for Development Services Carlos L. Orte , City Manager 6 \Plannmgdeff WInklepleck\wpdocs\ Miscellaneous \pdcommunayparkamend6 wpd SIXTH AMENDMENT TO LEASE AGREEMNT Contract No. C16976 THIS SIXTH AMENDMENT TO LEASE AGREEMENT ("Amendment") is entered into as of the 17th day of November 2004, by the Desert Sands Unified School District of Riverside County ("Lessor") and the City of Palm Desert, a municipal corporation ("Lessee"). A. RECITALS Lessor and Lessee entered into that certain Lease Agreement (the "Lease") dated April 22, 1975 with respect to that real property known as the "Lincoln Elementary/Palm Desert Middle School Site" more specifically described in Exhibit "A" attached hereto and made a part hereof. B. Lessor and Lessee desire to amend the Lease upon the terms and conditions set forth below. NOW, THEREFORE, the parties hereto agree as follows: 1. The expiration of the term of the Lease is hereby extended to 12:00 midnight on June 30, 2005. 2. Except as specifically set forth in this Amendment, the Lease shall remain unchanged and continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have entered into this Fourth Amendment to Lease Agreement of the day and year first written above. "LESSOR" DESERT SANDS UNIFIED SCHOOL DISTRICT OF RIVERSIDE COUNTY By: Its: ATTEST: Dr. Doris L. Wilson, Superintendent "LESSEE" CITY OF PALM DESERT By: Its: ATTEST: City Clerk 1 ' Contract No. C16976 71:7-5L_:. �CP.=Z: T;..: Ls .-ade a.r d entered i::te this Z?,d day of April 1975, L-y and between Dr.szaT �:A::DS (:i:IrZZO SCECOL DI.r.TRICT OF PIV :RSILE COL•""-' ` - efts= referred to as "Lessor', and CITY OF PAI •r DEccr". a ccr oration, hereinafter referred to as 'L•:;;ce_.:t . :•- ERZAS , Lessor owns certain hereinafter descr ibee. ___'- p rocerty which is not needed for school class_ocr_ wild gas, pursuant to Education Code Section 1EZel; a-c W17RL S, Lessor and Lessee are both public autor - iti^s having jurisdiction ove: the same territory sic real Progerty; and WHEREAS, Lessor and Lessee desire to cooperate with each other and enter into an agreement to carry cut tic curnoaes of Education. Cede Sections 16551 to 16654= For the attainment of general educational and recreational objectives for children and adults within their respective tern 4 toriea; NOW, TT.rEREFOP..:., far and in consideration o: the mutual covenants and promises hereinafter set forth, the rarties hereto agree a z follows: 1. Lease. Lessor hereby leases to Lessen and Lessee hereby leases from Lessor port`on of the n__-i3e known as the "L'_n coln%Pal= Desert Riddle School S 4 t::" , 385.4 4 �a•4r4 A$OoWOI' Scootaarrcot ♦ ....,. ' CJ.. ...7r7 -' 1 !?r a.r ca nil , located Contract No. C16976 41 Pala: Desert, Califo-n' a and core specifically described as follows: co: -ncrrr; at the r.c�1-hw-c _ corner of the soUt:.wcst cusrter of Section. 1E, '255, R6=', 533&M: THENCE S 0°10'17"E, along west line or said southwest quarter, 414.95 feet; =NCE N 89° 49' 43 "E, 44.00 feet to the east line of Parcel 2 as granted to the County of Riverside by Deed recorded February 10, 1964, as Instrument No. 1E991; THENCE cant.tht_in N 89°49'43'E, 415.00 feet; THENCE 5 0•10'17"E, 115.00 feet; TlrrE (CE N 89'49'43'M, 300.50 feet tc the Taut POINT OF D GINII-T::G; T ONCE continuing N 89°49'43'E, 545.47 feet to a point in the east line of that certain parcel conveyed to the Indio School District by Deed recorded august 20, 1962, as Instrument No. 7872T: '::T2iCE N 0'14 ' 17'W, along last mentioned eat line 487.92 feet to a point 48.00 feet southerly, as measured at a right angle, of the north line of the said southwest quarter; THENCE 5 89'34115'W, parallel with and 48.00 feet southerly of the north line of said southwest quarter, 544.90 feet/ THE:CE S 0'10'17"E, parallel with the west line of said southwest quarter, 485.37 feet to the TP.Ur POINT OF BEGINNING. 2. Term. The term of this lease shall be for a 1erid of approximately twenty-five (25) years, c- ^er.cir.,• cn the 1st day of January, 1975, and ending at 12:00 p.n. on the 3lst day of December, 1999. Notwithstanding provi- sion3 of this paragraph to the contrary, Lessor reserves the right to shared possession of the leased premises during regular school hours. 5 385.5 3. Rent. The : r-tt be in t1-.e amount of $1.0G per Contract No. C16976 for the leased : re l aes sh.17 • ::zcm, payable on or the 30th day o_ J c of each and every year during ta-m of this lease. 4. Use. Lescce stall use the leased promises rol e1y for cc .snit', parrk aald recreational p-._-F:cscs. 5. im-srcver.e:_s. Les5ec may furnish and Instal./ at its own expense such iszprove cnts on the 'leesec: prem- ises as it dec.:a necessary. abject to the approval of Lessor, to carry cut the purposes of this lease agreement. At the lease, lead 25-yea tar_..ination, or scene: expiration_ of this Lessee shall remove all such improvements trczt the premises and leave the leased promises clear of debris. Notvithstarding provisions of this paragraph 5 to the contrary, at the 25-years termination, or accncr e..Tiration of thin lease, Lessor shall have the option or retaining certain improvements oveme:nts hereinafter described az "mornecoverablee, arc: im the event Lessor exorciaea said option, it will ro i r urre= Lessee in an amcu.nt equal to the cricinal cost less 10% depreciation per an um. Such inprev enta de cribed as or: •ecove_ai 1es " 13 follows: are EA'NIN. AMC(AMot.T SC14(AQ?(A ••..... L.. C..• (a) (b) Ur c_ra our:d plumbing and vi_i_^g; Underground lizi-!:ti g ayste1; 6 • 385.6 Eaw1r1. An0(11M0t.r ScMCROftCR • •..r111.•••% Contract No. C16976 13. Sic -is . Lessee shall install and ra+ :ts+n appropriate sign designating t.at the leased premises axe rr'^ir_ist r d by Lessee in c %oocratio:. with Lesser and any, crgar{ cations donating improvements s:'.s11 be so recognircd ei t``r cn said sign or or such ! -prrveerts . 13. Hold Harmless. Lessee shall hole: Lessor and any of its e"p1oyeas or agents har-mless from any and all clam, de=nda, or liability ari:i. g from alleged acts or ceiczirne Sy Lessee or its employees or agents, or the ne,_i- gent maintenance, construction, or dangerous condition of Laszee's improvements in connection :rith the leased premises. Lessor shall hold the Lestee and any of its employees or a,entn free and harmless from any and all claims, demands, or liabilities arising from any operations, acts, or oaiasiCr3 With the leased premises. 14. Renewal. The Lessee shall have an o_t4 on to renew this lease upon the sr_o terms and conditions or such other toss and conditions as .:av be mutzally agreed upon between the parties. Legatee shall give the Lessor notice of exe:c`se of option to ronew this lease in writing six (6) months prior to termination date thereof. 15. Changes and :'.odifi:ations. Ti,! s lease agr =_- meat may be modified only upon the mutual consent of ts parties hereto. nags 7 at 385.7 Contract No. C16976 not be borne by the lcosor, , and the :eeoee r.ay =pixy, nre- scribe the duties of and fi the pay and compensation cf suc.h recreational directors, supervisors, assistants, depuble_ and employeea as it deems' necessary for carrying out the purposes of this lease. 10. Ancillary School Facilities. In order to carry on a recreation pram, the Pam Ce se: t Middle School looker shower building and such other buildings as may be deem' necessary shall be available at such time as may :.),e mutually agreed upon and according to the rules and regulations of the Board of Education. 11. Insurance. Lessee &hall take out and keep in force and effect during the term of thin lease, at its orris erxnse, fire inamrance &r.d extended coverage and the vandalism coverage in &n = unt equal to the replacement coat of the structures and equipment, and public liability inzu ance to protect against any liability to the public incident to the use or resulting from any fire or accident occurring in or about the leaeed prmmines, in the amount of $500,000.00 to indemnify against the claim of one person for personal injuries, n,000,000.00 against the claims of two or more persons for personal injury, and in the t;.ount of .7,5,000.00 to irdcrni f y against thn c1aL.a of tuo or mere persons for property damage. F.otvott.. ANQ(mHQLr • ScN(„orrem . .... •.. c... 8 385.8 Eawip ..Moc Holr a ScNERorrtot . .......... L.. ee.. Contract No. C16976 (c) Pave--... t and asphalt surfaces; (d) Trees; (a) Shrubs and -tu:f ; (f) Such other improvemeets as agreed upcn by the parties hereto. 6. Access Roads. Asa c :nfition c: this lease agreement, the Lessee agrees to improve the scuthcrn half of :'.agnesia Palls Drive as an access road to the park, and the Lessor agrees to extend and im- cvc the northern half of Rutledge Way tc a southerly extension of the eastcrn edge of the leaaed premises. Seth access roads shall be cenetructcd to the then existing city street standards. These access roads will be conet_ructcd by the respective parties no later than five (5) yearn from the date of the beginning of this lea agreement. 7. N.aietcnance . Lessor shell not be rerui_-ca to p.ro-r±de at its own erxrs{a/ � ��� cuatod � and janitorial - cervices for the .leased premises as xoro fully described her e in . 6. Utilities. Lessor shall not to required to furnish any ntil i tiee: in _ormectlon with the ?eased prem- ises, with the exception of water services. 9. Recreation erocLraa. The cast of r,..aiatair_in any recreation programs during the term of thin lease shall 1Se 4. 9 385.9 Eiw .' . Aho(RNolr • SCn(ROr[R Contract No. C16976 Z:: WI:':ZIs P1�-:. rOP, re have executed this _case agreement on the date first above written. 7%7-TEST: LESS E : artvc.y L. HuRr.r,uRT , city c: ATTEST: CITY Cr PALK DESZR By ,r, : ,. , k_.• C OtS EI:SRZ B . CL2L R\Mayor `' LESSOR: DESERT- SAMS UMLPILD SCHCOL DISTRICT OF RIVERSi7E CCCrr`_' Harold Schoenfeld, Sectary to the Bd of Ed and District Superintenden;: 10 Mrs. BeQerly H./ Eing. Vice President and Clerk 385.10 . ..•... n•..• v.:•..