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Home My WebLink AboutSpptl Info Rcvd After 8/20/10 - C30170 Contract No. C30170 �J-=�-�-�`��. ��`�-' .� � � � ��' �J _.��''�—til"'f/t `+� L� � . ti.....t..s �:�`,�'G.?��/�\N� �— . LICENSE AGREEMENT Between DESERT SANDS UNIFIED SCHOOL DISTRICT And CITY OF PALM DESERT Contract No. C30ll0 LICENSE AGREEMENT This License Agreement (��Agreement") is entered into this day of August, 2010, (the "Effective Date"), between the Desert Sands Unified School District ("District") and the City of Palm Desert ("City"). I. RECITALS WHEREAS, City is the owner of that certain real property known as the Palm Desert Soccer Park, located in Palm Desert, CA, APN: 624-430-022 (��Property"); WHEREAS, Education Code section 35160 authorizes the governing board of any school district to initiate and carry on any program, activity, or otherwise act in any manner which is not in conflict with or inconsistent with, or preempted by, any law and which is not in conflict with the purposes for which school districts are established; WHEREAS, City desires to grant a license over a portion of the Property known as the South Parking Lot of the Palm Desert Soccer Park ("Site") to District, together with a right of access for use of the Site as a student parking lot; and WHEREAS, the license granted in this Agreement and District's use of the Site are not in conflict with or inconsistent with, or preempted by, any law and is not in conflict with the purposes for which the District was established. -i- Contract No. C30170 II. AGREEMENT In consideration of the promises and of the mutual obligations and agreements herein contained, the parties hereby agree as follows: A. THE SITE. The Property and the specific location of the Site is more particularly described in Exhibit "A" which is attached hereto and incorporated herein by reference. B. LICENSE. City hereby licenses the Site to District. This license shall entitle District to use the Site for the Permitted Use (as defined below) and shall include all necessary vehicular and pedestrian ingress and egress from the nearest public right-of-way across the Property to the Site. Such access shall be permitted Monday through Friday from 6:30 a.m. to 4:00 p.m. C. TERM. This Agreement shall be for an initial term of two (2) months, beginning the Effective Date. District is hereby granted options to extend this Agreement on the same terms and conditions for two (2) additional months after the original term expires. D. RENT. No monthly rent shall be paid during the term of this Agreement. E. USE OF SITE. 1. Permitted Uses. District may use the Site as a parking lot for students from the District's Palm Desert High School, and access shall be permitted for District security personnel ("Permitted Use"). -2- Contract No. C30170 F. TERMINATION. Either party may notify the other party of the party's exercise of its right to terminate this Agreement, and this Agreement shall terminate upon the other party's receipt of such notice. Such termination shall relieve both parties of any further obligations under this Agreement, although each shall continue to have any and all remedies for any breach of an obligation which occurred prior to the date of the Agreement's termination. G. INDEMNITIES. Each party agrees to indemnify and hold the other party harmless from, and to defend the other party against, any and all injury, loss, damage or liability, or any claims in respect of the foregoing, costs or expenses, arising from this Agreement, or which in any way arise out of the use and/or occupancy of the Site, except to the extent attributable to the sole negligence or intentional acts of the non-indemnifying party. H. INSURANCE. Throughout the term of this Agreement, each party shall maintain the following insurance: 1. Commercial General Liability Insurance. Commercia! general liability insurance with combined single-limit coverage of not less than One Million Dollars ($1,000,000) for any one occurrence (covering personal injury, bodily injury, liability, death and property damage) and not less than One Million Dollars ($1,000,000) in the aggregate for any one policy year. 2. Automobile Insurance. Combined single limited automobile liability insurance covering personal injury, bodily injury and property damage in an amount not less than One Million Dollars ($1,000,000) for any one occurrence (covering personal injury, bodily injury, liability, death and -3- Contract No. C30170 property damage) and not less than One Million Dollars ($1,000,000) in the aggregate for any one (1) policy year. Said automobile insurance shall cover all owned, non-owned, and hired vehicles used by District, or its employees and/or agents. I. NOTICES. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, or sent by overnight carrier to the following addresses: District: Steve Ricci Project Manager Desert Sands Unified School District 47950 Dune Palms Road La Quinta, California 92253 Phone: (760) 777-4200 City: )ohn Wohlmuth City Manager City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 Phone: (760) 346-0611 -4- Contract No. C3017� J. MISCELLANEOUS. 1. Modification. It is agreed and understood that this Agreement contains all agreements, promises and understandings between District and City, and no verbal or oral agreements, promises or understandings shall or will be binding upon either District or City, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing and signed by the parties hereto. 2. Applicable Law. This Agreement and the performance hereof shall be governed, interpreted, construed and regulated by the laws of the State of California. 3. Binding Effect. This Agreement, and each and every covenant and condition herein, shall extend to and bind the heirs, personal representatives, successors and assigns of the parties hereto. The parties further agree that all of the provisions hereof shall be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph. 4. Interpretation of Aqreement. The language of all the parts of this Agreement shall be construed simply and according to its fair meaning, and this Agreement shall never be construed either for or against either party. 5. Severabilitv. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion shall be deemed modified to the extent necessary in such court's opinion to render such portion enforceable and, as so modified, such portion and the balance of this Agreement shall continue in full force and effect. -5- Contract No. C30170 6. Captions. The captions of the paragraphs of this Agreement are for convenience of reference only and shall not affect the interpretation of this Agreement or limit or amplify any of its terms or provisions. 7. Alternative Dispute Resolution. All claims, disputes or controversies arising out of, or in relation to the interpretation, application or enforcement of this Agreement may be decided through mediation as the first method of resolution. If this method proves unsuccessful, nothing in this section shall be construed to prevent either party from bringing a legal action to resolve any such claim, dispute or controversy. 8. Waiver of Rights. Any waiver at any time by either party hereto of its rights with respect to a breach or default, or any other matter arising in connection with this Agreement, shall not be deemed to be a waiver with respect to any other breach, default or matter. 9. Remedies Not Exclusive. The use by either party of any remedy specified herein for the enforcement of this Agreement is not exclusive and shall not deprive the party using such remedy of, or limit the application of, any other remedy provided by law. 10. Counterparts. This Agreement may be executed in counterparts, each of which shall constitute one and the same instrument. -6- Contract No. C30170 IN WITNESS WHEREOF, District and City have duly executed this Agreement on the day and year set forth above. CITY: City of Palm Desert By: Title: DISTRICT: Desert Sands Unified School District By: Title: -7- Contract No. C30170 Exhibit A Site Descrintion -8-