CONTRACT 5586A AmendmentAgreement No. 5586A
FIRST AMENDMENT TO FACILITIES USE AGREEMENT
BETWEEN EL SEGUNDO UNIFIED SCHOOL DISTRICT
AND THE CITY OF EL SEGUNDO FOR THE PLUNGE
SWIM CENTER
This First Amendment ("Amendment") to that certain agreement, dated January 22,
2019 and entitled, "FACILITIES USE AGREEMENT BETWEEN EL SEGUNDO UNIFIED
SCHOOL DISTRICT AND THE CITY OF EL SEGUNDf FOR THE PLUNGE SWIM
CENTER ("Agreement") is made and entered into this day of February 2025, by and
between the City of El Segundo, a California general law city and municipal corporation
("City"), and the El Segundo Unified School District, a California unified school district,
("ESUSD"). The parties agree as follows:
1. Agreement Section 3 is amended in its entirety to read as follows:
Section 3. Faciliti s Renovation. City hereby confirms that it is in the process of
designing and implementing renovation improvement work; on the Facilities (the
"Facilities Renovation"). City shall initially be responsible for all costs associated
with the Facilities Renovation. Once the City has bid and awarded the project to a.
contractor the City shall provide adequate documentation establishing the
estimated actual total cost of the Facilities Renovation to be incurred by the City
("Facilities Estimated Renovation Cost"), which shall be comprised solely of costs
related" to the architect hired to design the Facilities Renovation and costs related to
the Contractor completing the Facilities Renovation. The Facilities Estimated
Renovation Cost shall in no event include any indirect costs, including, but not
limited to, any cost incurred to monitor, oversee, or approve of the Facilities
Renovation, whether such indirect costs are incurred by the City through hiring
independent consultants or salary or other payment made to City staff or
employees. Upon receipt of the Facilities Estimated Renovation Cost, ESUSD, as
consideration for the right to use the Facilities pursuant to this Agreement, shall pay
City a contribution totaling the lesser of (1) twenty four percent (2 %) of the
Facilities Renovation Cost ("ESUSD Contribution") or, (ii) One Million Dollars
($1,000,000.00) regardless of the total Facilities Renovation Cost. ESUSD shall
pay ESUSD Contribution within thirty (30) days of the construction contract and
estimate being approvedby the City for the Facilities Renovation.
2. This Amendment may be executed in any number or counterparts, each of which
will be an original, but all of which together constitutes one instrument executed on
the same date. In accordance with Government Code §16.5, the' parties agree that
this Amendment will be considered signed when the signature of a party is
delivered by electronic transmission. Such electronic signature will be treated in all
respects as having the same effect as an original signature.
3. Except as modified by this Amendment, all other terms and conditions of the
Agreement remain the same.
[SIGNATURES ON NEXT PAGE]
Agreement No. 5586A
IN WITNESS WHEREOF the parties hereto have executed this Amendment the
day and year first hereinabove written.
CITY OF EL SEGUNDO EL SEGUNDO UNIFIED SCHOOL IIISTRICT
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Darrell George,
City Manager
Name: 1�1 Y"
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Date: Title:
Date:
ATT E WT,
Susan Truax,
City Clerk
APPROVED AS TO FORM:
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Msley,
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