13-123 Santa Clara Valley Audubon Society, Lease and Caretaker Agreement for McClellan Ranch House OFFICE OF THE CITY CLERK
' CITY HALL
10300 TORRE AVENUE-CUPERTINO,CA 95014-3255
TELEPHONE:(408)777-3223- FAX: (408)777-3366
C U P E RT I N® WEBSITE:www.cupeitino.org.
July 7, 2014
Santa Clara Valley Audubon Society
22221 McClellan Road
Cupertino, CA 95014
Re: Amendment to Lease and Caretaker agreement
Enclosed is a fully executed copy of the above stated agreement with the City of Cupertino.
If you have any questions or need additional information, please contact the Parks and
Recreation department at 408-777-3120.
Sincerely,
Andrea Sanders
Senior Office Assistant
City Clerk's Office
Enclosure
cc: Parks & Recreation
FIRST AMENDMENT TO LEASE AND CARETAKER AGREEMENT
BETWEEN THE CITY OF CUPER.TINO AND
SANTA CLARA VALLEY AUDUBON SOCIETY
This First Amendment to the Lease Agreement between the City of Cupertino and Santa
Clara.Valley Audubon Society for reference dated August 1, 2013, is by and between the CITY
OF CUPERTINO, a municipal corporation (hereinafter "City") and Santa Clara Valley Audubon
Society, A California corporation (hereinafter "LESSEE") whose address is 22221 McClellan
Road, (hereinafter "Property"), and is made with.reference to the following:
RECITALS:
A. On August 1, 2013, the City and Santa Clara Valley Audubon Society entered into
a Lease Agreement(hereinafter "Agreement").
B. City and Lessee desire to modify the Agreement on the terms and conditions set
forth herein.
NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as
follows:
1. Pursuant to Paragraph 3(b) of the Agreement, the City and the Lessee hereby exercise
the option to extend the term of the Lease through June 30, 2015.
2. Except as expressly modified herein, all other terms and covenants set forth in the
Agreement shall remain the same and shall be 1iLtri full force and.effect.
IN WITNESS WHEREOF, the parties hereto have caused this modification of
Agreement to be executed.
2
Lessee CITY OF CUPERTINO
Santa Clara Valley Audubon Society A Munici p Corporation
w
By
Executive Director City Manager
ATTEST:
City Clerk,
APPROVED AS TO FORM:
By
City Attorney
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223• FAX: (408) 777-3366
WEBSITE:www.cupertino.org
CUPERTINO
August 14, 2013
Santa Clara Audubon Society
Attention: Robert Power
22221 McClellan Road
Cupertino, CA 95014
Re: Agreement
Enclosed is an original copy of your agreement with the City of Cupertino. If you have any
questions or need additional information, please contact the Parks and Recreation
Department at 408-777-3120.
Sincerely,
" omr-
Dorothyott
Senior Office Assistant
Enclosure
cc: Parks & Recreation
LEASE AND CARETAKER AGREEMENT BETWEEN
THE CITY OF CUPERTINO
AND
THE SANTA CLARA VALLEY AUDUBON SOCIETY
FOR THE MCCLELLP�N RANCH HOUSE
This Lease and Caretaker Agreement ("AGREEMENT"), is entered into this day of
AvqustO13, by and between the City of Cupertino ("CITY") and the Santa Clara Valley Audubon
S ciety, a California corporation ("LESSEE").
RECITALS
A. City is the owner of certain real property commonly known as the McClellan Ranch
House" located 22221 McClellan Road, McClellan Ranch Park, City of Cupertino, County of Santa
Clara,State of California (the"Property").
B. Lessee is a 501(c)(3) nonprofit organization that offers educational and informational
programs to the community that promote the goal of preserving, enjoying, restoring and
fostering public awareness of native birds and their ecosystems.
B. City and Lessee desire to enter into an agreement to lease a portion of the Property
that includes two offices within the ranch house totaling of 588 square feet, together with the
non-exclusive use of hallways, restrooms, and outside parking facilities(the"Premises").
NOW, THEREFORE, in consideration of the promises, covenants and conditions
contained in this Agreement and for other good and valuable consideration, the parties hereby
agree as follows
1. PURPOSE OF LEASE.
LESSEE and CITY are entering into this Lease and Caretaker Agreement with two goals:
enhancing the quality of environmental programs for City's community,and providing a natural
area for the conduct of some of LESSEE's ongoirg activities. As such, both the CITY and LESSEE,
agree to work together throughout the term of this AGREEMENT to develop a program of
activities mutually beneficial to CITY and LESSEE.
2. DESCRIPTION OF PROPERTY TO BE LEASED.
City leases to Lessee and Lessee leases from City a portion of the property located at
22221 McClellan Road,Cupertino,California, (the"Property"),consisting of 588 square feet
within the ranch house,which includes the 308 square foot front office,the 180 square foot
middle office,and the 100 square foot office adjacent to the kitchen within,together with the
non-exclusive use of hallways, restrooms,and outside parking facilities(the"Premises").
3. LEASE TERM.
a. Initial Term.The term of this Lease shall be for a period of one (1)year commencing
on July 1,2013 ("Commencement Date")and ending June 30,2014.
1
b.Option to Renew. Upon mutual agreement of City and Lessee,the initial term of this
Lease may be extended for up to one year,on thE!same terms,covenants, and conditions of this
Lease, except for the Rent,which shall increase by three percent(3%) during the period of the
extended term.To exercise the Option to renew, Lessee must give written notice (the"Option
Notice") of its interest in extending the term to the City at least two (2) months but not more
than three(3) months before the expiration of the initial term,and Lessee must not be in
default under this lease, either on the date of the Option Notice or at the time the extension
period commences.City shall review the Option Notice and approve or deny the request prior to
expiration of the Initial Term. If the City denies the request this Lease shall expire at the end of
the initial term. Lessee shall have no other rights to extend the term beyond the Extension
Period.
4. RENT.
In consideration for the lease of the Premises, Lessee shall pay City as follows:
a. Rent. Lessee shall may monthly rent to the City, without deduction or setoff, based
upon the rate of one dollar($1.00) per square foot per month, for a total of five hundred eighty
eight dollars ($588.00) per month. Rent shall be payable in on or before the first (1st) day of
each calendar month without notice or demand of any kind by City. All payments shall be
submitted to City of Cupertino, Attn: Director of Finance, 10300 Torre Avenue, Cupertino, CA
95014.
b. Late Charges. In the event that any installment of rent or any other sum due by
Lessee is not received by City within ten (10) days after the due date, rent is deemed late and
delinquent and a late charge equal to $20.00 plus interest at the rate of 10% per annum of the
overdue amount shall be assessed as additional rent. LESSEE further agrees to pay $20.00 for
each dishonored bank check.
5. HOLDING OVER.
If Lessee remains in possession of the Property with City's consent after the expiration
of the term of this lease, such possession by City shall be construed to be a tenancy from
month to month, terminable upon thirty (30) days written notice given at any time by either
party.The same terms and conditions contained in this Lease shall apply to any month-to-month
tenancy, provided that the monthly base rent shall be one and one-half times the monthly rent
payable immediately preceding the termination date of this Lease.
6. SECURITY DEPOSIT.
A security deposit of$205.00, not applicable toward the last month's rent payment, has
been paid by the LESSEE.
7. UTILITIES.
CITY shall be responsible for the payment of all utility bills applicable to the PREMISES,
including water, electrical services, garbage and janitorial services for said PREMISES. LESSEE
0113 AGT Audubon Lease FINAL 7-29-13 2
shall be responsible for its own telephone, internet and similar service and shall provide for its
own office equipment and furnishings.
8. TAXES.
LESSEE shall be responsible for payment of any and all possessory interest property
taxes.
9. LESSEE'S USE OF THE PROPERTY.
a.Allowed and Required Uses. Lessee shall continuously use and occupy the Premises as
office space for running educational and informational programs to the community that
promote the goal of preserving, enjoying, restoring and fostering public awareness of native
birds and their ecosystems. Lessee shall not use the property for any other purpose without the
written consent of City, which consent may be withheld in City's sole and absolute discretion.
Lessee, at Lessee's sole cost and expense, shall comply with all applicable municipal, state and
federal statutes, ordinances, rules and regulations in effect during the term of this Lease
regulating the use by Lessee of the Premises. The Lessee's use of the premises is subject to the
following restrictions and requirements:.
1. Hours of Operation. LESSEE shall maintain an office facility during normal
hours of operation. LESSEE shall determine its own hours of operation provided that
said hours are between 8:00 a.m. and 10:00 p.m.
2. Security. LESSEE shall be responsible for securing the facility and setting of
the burglar alarm at the end of each day.
3. Common Areas. LESSEE may utilize the hallways and restrooms of the ranch
house and the adjacent parking facilities without additional rent, provided, however,
that if LESSEE wishes to utilize other areas of McClellan Park for which CITY normally
charges a user fee, LESSEE shall be responsible for payment of said fee. Common areas
include conference room, hallways, kitchen and restrooms. CITY shall be entitled to
utilize all common areas for program activities upon giving LESSEE one (1) days advance
written notice.
4. Parking. CITY retains the right to designate exclusive parking for LESSEE, or
any other user or Lessee of the PREMISES, in the event that City, in its sole discretion,
determines that the parking lot is over-utilized. It is estimated that LESSEE's need for
parking shall not exceed 12 spaces. Lessee understands and agrees that Lessee's use of
the parking area includes the right to use that Area jointly with the City, and
acknowledges that Lessee does not have exclusive use of the Area. City shall not be
liable in any manner for any inconveniE!nce, disturbance, or other damage arising out of
the shared use of the parking lot for parking or any other City use.
5. Animals. No animals shall reside in or on the PREMISES without prior written
consent of the CITY.
0113 AGT Audubon Lease FINAL 7-29-13 3
6. Compliance with Law. LESSEE shall comply with all Cupertino Municipal
Ordinances and all State and Federal Statutes now in force or which may hereafter be in
force pertaining to the use of the PREMISES.
b. Caretaker Responsibilities. Lessee shall complete the following caretaker
responsibilities:
1. Ensure that Lessee's employees who regularly operate at the PREMISES
obtain training from the CITY's Naturalist and become familiar with the McClellan Park
Rules and Title 13 of the Cupertino Municipal Code, attached and incorporated as
Exhibit A,which governs the use of City's parks and buildings.
2. Report to CITY's code enforcement any violations of the above referenced
regulations found by LESSEE.
3. Notify the CITY's Parks and Recreation office prior to any absence from the
PREMISES for any extended period of time beyond two weeks.
4. Promptly report incidents, such as park misuse and vandalism, and any
emergencies, such as burglaries, to the McClellan Ranch Caretaker, or if the Caretaker is
unavailable,to the County Sheriff. In the event the Sheriff's office is involved, report the
incident to the Director of Parks and Recreation. (CITY shall furnish LESSEE with a list of
contact numbers prior to occupancy of the Premises.)
c. Prohibited Uses. Lessee shall not use nor permit the use of the Property in any
manner that will tend to create waste or nuisance or disturb other Lessees and members of the
public. No use shall be made or permitted to be made of said Property, nor acts done, which will
increase the existing rate of insurance upon the! building in which the Property may be located
once said rate is established or cause a cancellation of any insurance policy covering said
building or any part thereof, nor shall Lessee sell or permit to be kept, used or sold in or about
the Property, any article which may be prohibited by a standard form of fire insurance policies.
Lessee shall, at his sole cost, comply with any and all requirements, pertaining to the use of the
Property, of any insurance organization or company necessary for the maintenance of
reasonable fire and public liability insurance,covering said building and appurtenances.
10. MAINTENANCE,ALTERATIONS AND FIXTURES.
a. Alterations by Lessee. Lessee shall not paint, paper, or make any other alterations of
the Property, or any part thereof, without the prior written consent of City. Any additions to, or
alterations of, the Property, except movable furniture and equipment, shall become at once a
part of the realty and belong to City. Any such alterations shall be in conformance with the
requirements of all municipal, state and federal authorities. All fixtures that Lessee attaches to
the Property shall become at once a part of the realty and belong to City on expiration or sooner
termination of this Lease.
b.Alterations by City. City has the right, in its sole discretion to modify, reconfigure and
renovate the Property at any time. The CITY shall provide signage as it deems appropriate
designating the Premises and organizations utilizing the Property.
0113 AGT Audubon Lease FINAL 7-29-13 4
c. Repairs. Except for damage caused by any negligent or intentional act or omission of
Lessee, Lessee's agents, employees, or invitees in which event Lessee shall repair the damage,
City, at City's expense, shall keep in good order, condition and repair the foundations, exterior
walls and the exterior roof of the Property, including all plumbing and electrical equipment
located between the exterior and interior ways of the Property, as well the interior walls,
ceilings, windows, and plate glass. City shall have no obligation to make repairs under this
Section until a reasonable time after receipt of written notice from Lessee of the need for such
repairs. Lessee expressly waives the benefits of any statute now or hereafter in effect which
would otherwise afford Lessee the right to make repairs at City's expense or to terminate this
Lease because of City's failure to keep the Property in good order,condition and repair.
d. Lessee's Maintenance Obligations. Other than those obligations of the City described
in this section, Lessee, at Lessee's expense, shall keep in good order, condition and repair the
Property and every part thereof including, without limiting the generality of the foregoing, all
plumbing, electrical and lighting facilities, and equipment within the Property, interior walls,
ceilings, windows, doors, and glass, located with n the Property. LESSEE shall be responsible for
damages caused by the negligence of its employees, invitees or guests.
e. Failure to perform Lessee's Obligations. If Lessee fails to perform Lessee's obligations
under this Section or under any other section of this Lease, City may at City's option enter upon
the Premises after ten (10) days' prior written notice to Lessee (except in case of emergency, in
which case no notice shall be required), perform such obligations on Lessee's behalf and put
the Property in good order, condition and repair, and the cost thereof together with interest
thereon at the maximum rate then allowable by law shall be due and payable as additional rent
to City together with Lessee's next rental installment.
11. CONDITION OF PROPERTY;SURRENDER.
a. Lessee accepts the Property and the !eased fixtures and equipment as being in good
and sanitary order, condition and repair, and agrees to surrender the Property in as good
condition as received, except for normal wear and tear, clean and free of debris. Lessee further
agrees to remove all of Lessee's property that is not a fixture of or permanent attachment to the
Property, or that is owned and was installed by Lessee during the term of this Lease. Lessee shall
repair any damage to the Premises occasioned by the installation or removal of its furnishings
and equipment.
b. If upon expiration or termination of this Lease, Lessee fails to remove any personal
property belonging to Lessee from the premises, such property shall at City's option at any time
after thirty (30) days from the date of expiration or termination be deemed to have been
transferred to City,and City shall have the right to remove and dispose of such property without
liability to Lessee.
12. ABANDONMENT OF PERSONAL PROPERTY.
Lessee shall not vacate or abandon the Premises at any time during the term of this
Lease; and if Lessee shall abandon, vacate or surrender the Premises or be dispossessed by
0113 AGT Audubon Lease FINAL 7-29-13 5
process of law,or otherwise,any personal property belonging to Lessee and left on the Premises
shall be deemed to be abandoned, at the option of City.
13. ENTRY AND INSPECTION.
The City and its authorized representatives shall have the right to enter the Property at
all reasonable times with reasonable notice for any of the following purposes: (1)to inspect the
Property and determine whether the Property is in good condition and whether Lessee is
complying with its obligations under this Lease; (2) to do any acts that may be necessary to
protect City's interest in the Property; or (3) to perform any of City's duties under this lease,
including making any necessary or agreed on repairs or alterations. Such acts by City may
include the erection and maintenance of scaffolding, canopy, fences and similar props as may
be required, or for the purpose of posting notices of non-liability for alterations, additions
or repairs. City shall be permitted to do any of the above without any rebate of rent and without
any liability to Lessee for any loss of occupation or quiet enjoyment of the Premises thereby
occasioned. Further, the City retains the right to enter upon and show the Property to persons
considering purchase, rental or lease of the Property and to display the usual notices and signs,
"For Sale," "For Lease," or"For Let," upon the Property for sixty(60) days prior to the expiration
of the Lease term. Such signs shall be allowed without diminution of rent or hindrance by
Lessee. City shall not be liable in any manner for any inconvenience, disturbance, loss of
business, nuisance, or other damage resulting; from the acts or omissions of City or its
authorized representatives.
14. INSURANCE.
a. Lessee shall, at its own expense, maintain in full force and effect during the term of
this Lease, and during any hold-over, the following insurance in amounts not less than the
amounts specified, and issued by an insurance company admitted in California and having a Best
Guide Rating of A-Class VII or better:
1.Comprehensive public liability, including provisions for personal injury and Property
damage coverages, in an amount not less than One Million ($1,000,000) Dollars for any
one person injured or killed, not less than Two Million ($2,000,000) Dollars for any one
accident or occurrence, and not less than Two Hundred Thousand ($200,000) Dollars
Property damage for each accident or occurrence. The City, its officers and employees
shall be named as additional insured in all of Lessees' insurance policies meeting the
above stated requirements.
2.Statutory workers compensation insurance and employer's liability insurance for all of
Lessee's employees; and
3.Statutory fire insurance on the Property.
b. Lessee shall furnish to the City Certificates of Insurance evidencing the insurance
coverages set forth above,the name and policy number of each carrier and policy, and that the
insurance is in force and will not be cancelled or modified without thirty(30) days written notice
to the City. If Lessee does not maintain the above-required insurance,the City may, at its option,
pay for the necessary insurance, and the repayment thereof shall be added to any subsequent
0113 AGT Audubon Lease FINAL 7-29-13
installment of rent, and shall be collectible.as additional rent in the same manner, and with the
same remedies as if it had been originally reserved. Based on the fact that the City retains sole
occupancy and control of that certain portion of the Property designated as a golf professional
shop, appropriate exclusionary endorsements may be provided to remove said designated area
from the insurance maintained by Lessee.
15. INDEMNIFICATION.
Lessee hereby expressly waives all claims against the City for damages to goods,
furniture and equipment in, upon or about the Premises, and for injuries to Lessee's employees,
guests, or invitees, or to any property in, upon or about the Premises, from any cause arising at
any time during the Lease term. Lessee shall indemnify, defend and hold the City, its officers,
agents, employees and volunteers harmless, from and against (1) any and all claims of liability,
loss or expenses in connection with any claim, demand or action asserted against the City, for
any damage to property or injury or death to any person occurring in or about the Premises, or
related to the use of the Property by Lessee or Lessee's guests or invitees; (2) any and all claims
of liability, loss or expenses in connection with any claim, demand or action asserted against the
City, arising out of Lessee's failure to perform any provision of this lease or Lessee's failure to
keep the Premises in good condition and repair , or any act or omission by Lessee, its agents,
contractors, invitees, or employees; and (3) all damages, liability, fines, penalties, loss, expenses
or injury and any other consequences arising from Lessee's use and occupation of the Property,
including, but not limited to, any claim, liability,, loss, or damage arising by reason of death or
injury of any person,the damage to or destruction of any property of any person, and any work
performed on the Property or materials furnishE!d to the Property at the instance or request of
Lessee or its agents or employees, unless such damage is the proximate result of negligence or
unlawful conduct of CITY its agents or employees.
16. PROPERTY UNINHABITABLE; REMEDY.
If the Property is wholly or partially destroyed by fire, earthquake or any other cause
whatsoever, renting the Property totally or partially inaccessible or unusable, or if the Property
is injured by any cause which necessitates an expenditure of more than forty (40%) percent of
its fair market value to repair and restore it, or if more than forty percent (40%) of the floor
area, measured in square feet, is destroyed, the City may, at its option, elect to terminate this
Lease by giving notice to Lessee within sixty (60) days from the date of the destruction or injury.
If the City does not terminate the Lease, Lessee's rent shall be abated, from the date of
destruction until restoration is completed, in an amount proportionate to the extent to which
destruction interferes with Lessee's use of the premises. In no event shall City be under an
obligation or duty to restore the Property. If the City elects to restore the Property, it shall
proceed with reasonable diligence, but shall not be liable for any delay, other than an
abatement of rent during the time that the Property remains uninhabitable. The words
"restore" and "restoration", shall not include or apply to any fixture, equipment or additions of
any kind, or any Property whatever placed in or upon the Property by Lessee or anyone acting
on their behalf. In making restorations, the City/ may use similar and/or changed workmanship
and/or architecture. Immediately upon completion of repairs, the full amount of rent
hereunder reserved shall be due and payable. For the purposes of this Lease,the Property shall
be deemed "uninhabitable" if it cannot be used as an office facility or if any public agency deems
it unsafe or unhealthy for human habitation or use as an office facility.
0113 AGT Audubon Lease FINAL 7-29-13 7
If the City does not elect to terminate the Lease, and does not commence restoration of
the Property within one hundred twenty (120) days from the date of destruction or injury,
Lessee may, at its option,terminate this Lease upon written notice to the City.
17. EMINENT DOMAIN.
a. Total Condemnation. In the event of a total condemnation of the Property during the
Lease term,this Lease shall terminate as of the date actual physical possession of the Property is
taken by the condemnor. All compensation and damages awarded for such total condemnation
shall belong to, and be the sole Property of the City, and Lessee shall have no claim thereto, and
hereby irrevocably assign and transfer to the City any right to compensation or damages they
may become entitled, provided however,the Lessee shall be entitled to receive any award that
may be made for the taking of or damage to Lessee's trade fixtures and any improvements
made by Lessee to the Property which Lessee would have had, but for the condemnation, the
right to remove upon expiration or termination of this Lease.
b. Rent Due on Total Condemnation. On termination of this Lease by a total
condemnation of the Property, all rent and other charges payable by Lessee to or on behalf of
the City pursuant to this Lease shall be paid up to the date on which actual physical possession
of the Property is taken by the condemnor, and the parties hereto shall thereafter be released
from all further liability under this Lease.
c. Partial Condemnation. In the event of a partial condemnation of the Property during
the Lease term,this Lease shall terminate as to the portion of the Property so taken on the date
when actual physical possession of said portion is taken by the condemnor; and the parties
hereto shall each have the option to terminate this Lease by giving written notice to the other,
within thirty (30) days after actual physical possession of said portion is taken by the
condemnor. If neither party terminates this Lease as herein provided, then this Lease shall
continue in full force and effect as to the remainder of the Property not condemned; provided,
however, that the rent payable by Lessee for the balance of the Lease term shall be abated in
the ratio that the square footage of enclosed floor space of the Property bears to the total floor
space of the Property upon such condemnation. Upon partial condemnation, all compensation
and damages awarded for such condemnation shall belong to and be the sole Property of the
City; and Lessee shall have no claim thereto and hereby irrevocably assign and transfer any right
they may have had to share in the award to the City; provided, however, that Lessee shall be
entitled to receive any, award made for the taking of, or damage to, Lessees'trade fixtures and
any improvements made by Lessee to the Property which Lessee would have had, but for the
condemnation,the right to remove upon expiration or termination of this Lease.
d. Rent on Partial Condemnation. Upon termination of this Lease in part, as herein
provided, all rent and other charges payable by Lessee to or on behalf of the City pursuant to
this Lease, shall be paid up to the date on which actual physical possession is taken by the
condemnor of that part of the Property being condemned; and Lessee shall thereafter be liable
only for that portion of rent required for the balance of the Lease term as herein provided.
0113 AGT Audubon Lease FINAL 7-29-13 8
18. DEFAULT.
a. The occurrence of any of the following shall constitute a default by Lessee:
1. Failure to pay rent when due, if the failure continues for ten (10) days after
the due date.
2. Abandonment and vacation of the premises (failure to occupy and operate
the premises for twenty (20) consecutive days unless excused by the City shall be
deemed an abandonment and vacation).
3. The making by Lessee of any general assignment or general arrangement for
the benefit of creditors; the filing by or against Lessee of a petition to have Lessee
adjudged bankrupt or a of a petition for reorganization or arrangement under any law
relating to bankruptcy (unless, in the case of a petition filed against Lessee the same is
dismissed within sixty (60) days); the apportionment of a trustee or receiver to take
possession of substantially all of Lessee's assets, where possession is not restored to
Lessee within forty-five (45) days; or the attachment, execution, or other judicial seizure
of substantially all of Lessee's assets, where such seizure is not discharged within thirty
(30)days.
4. Failure to perform any other provision of this Lease if the failure to perform is
not cured within fifteen (15) days or the time stated in City's notice to Lessee. If the
default cannot reasonably be cured within the period specified in the notice, Lessee
shall not be in default of this Lease if Lessee commences to cure the default within the
period and diligently and in good faith continues to cure the default.
b. Notices given under this section shall specify the alleged default and the applicable
Lease provisions, and shall demand that Lessee perform the provision of this lease or pay the
rent or other payment that is in arrears, as the case may be, within the applicable period of
time, or quit the premises. No such notice shall be deemed a forfeiture or a termination of this
lease unless City so elects in the notice.
19. CITY'S REMEDIES IN THE EVENT OF DEFAULT.
City shall have the following remedies if Lessee commits a default. These remedies are
not exclusive;they are cumulative in addition to any remedies now or later allowed by law.
a. Lessee's Right to Possession Not Terminated. City can continue this lease in full force
and effect, and the lease will continue in effect as long as City does not terminate Lessee's right
to possession,and Lessee shall have the right to collect rent when due. During the period Lessee
is in default, City can enter the Property and relet it,or any part of it,to third parties for Lessee's
account. Reletting can be for a period shorter or longer than the remaining term of this Lease.
Lessee shall pay to City the rent due under this lease on the dates the rent is due, less the rent
City receives from any reletting. No act by City allowed by this paragraph shall terminate the
Lease unless City notifies Lessee that City elects to terminate the Lease. After Lessee's default
and for so long as City does not terminate Lessee's right to possession of the Property, Lessee
0113 AGT Audubon Lease FINAL 7-29-13 9
shall have the right to assign or sublet its interest in this Lease if Lessee obtains City's consent,
but Lessee shall not be released from liability.
If City elects to relet the Property as provided in this section, rent that City receives shall
be applied to the payment of: First, any indebtedness from Lessee to City other than rent due
from Lessee; second, all costs, including maintenance costs, incurred by City in reletting; third,
rent due and unpaid under this lease. After deducting the payments referred to in this
paragraph, any sum remaining from the rent City receives for reletting shall be held by City and
applied in payment of future rent as rent becomes due under this lease. In no event shall Lessee
be entitled to any excess rent received by City. If, on the date the rent is due under this lease,
the rent received from the reletting is less than the rent due on that date, Lessee shall pay to
City, in addition to the remaining rent due, all costs, including for maintenance, City incurred in
reletting that remain after applying the rent received from the reletting as provided in this
paragraph.
b. Termination of Lessee's right to possession. City can terminate Lessee's right to
possession of the Property at any time. No act by City other than giving notice to Lessee shall
terminate this lease.Acts of maintenance, efforts to relet the Property, or the appointment of a
receiver on City's initiative to protect City's interest under this Lease shall not constitute a
termination of Lessee's right to possession. On termination, City has the right to recover the
following from Lessee:
1. the worth, at the time of award, of the unpaid rent that had been earned at
the time of termination of this lease;
2.the worth, at the time of award, of the amount by which the unpaid rent that
would have been earned after the date of termination of this Lease until the time of
award exceeds the amount of loss of rent that Lessee proves could have reasonably
been avoided;
3. the worth, at the time of award, of the amount by which the unpaid rent for
the balance of the term after the time of award exceeds the amount of the loss of rent
that Lessee proves could have reasonably been avoided; and
4. any other amount, and court costs necessary to compensate City for all
detriment proximately caused by Lessee's default.
c. Appointment of Receiver. If Lessee is in default of this Lease City shall have the right
to have a receiver appointed to collect rent and conduct Lessee's business. Neither the filing of a
petition for appointment of a receiver nor the appointment itself shall constitute and election by
City to terminate this Lease, nor shall such petition or appointment as initiated by City be
construed as default of this lease by Lessee.
d. City's Right to Cure. City, at any time after Lessee commits a default, can cure the
default at Lessee's cost. If City at any time, by reason of Lessee's default, pays any sum or does
any act that requires payment of any sum, the sum paid by City shall be due immediately from
Lessee at the time the sum is paid, and if paid at a later date shall bear interest at the maximum
0113 AGT Audubon Lease FINAL 7-29-13 10
rate an individual is permitted by law to charge from the date the sum is paid by City until
Lessee reimburses City.The sum,together with all interest on it, shall be the additional rent
20. ASSIGNMENT AND SUBLETTING.
Lessee shall not, without City's prior written consent,which consent may be withheld in
City's sole and absolute discretion, sublet the Premises or any part thereof or assign this Lease.
21. RETURN OF KEYS.
Upon termination of this AGREEMENT, the keys to the PREMISES, including all
duplicated sets, are to be hand delivered to CITY's Parks and Recreation Director or an
authorized representative.
22. NONDISCRIMINATION.
Lessee shall not discriminate against any person or employee because of race, color,
religion, ancestry, age, sex, national origin, disability, sexual preference, housing status, marital
status, familial status, or other protected classifications. If Lessee is found to be in violation of
the State of California Fair Employment and Housing Act or any similar provision of state or
federal law in the conduct of Lessee's activities under this Lease, it shall be found in default
under this Lease and such default shall constitute a material breach of the Lease, entitling the
City to all available remedies in this Lease or by law.
23. BINDING EFFECT.
The provisions of this Lease shall, subject to Section 20 on assignment,apply to and bind
the heirs,successors, executors,administrators and assigns of all the parties hereto.
24. NOTICES.
All notices must be in writing and shall be delivered by hand, by nationally recognized
overnight express delivery service or by U.S. registered or certified mail, to the addresses set
forth below:
LESSEE: Santa Clara Audubon Society
Attention: Robert Power, Executive Director
22221 McClellan Road
Cupertino, CA 95014_
CITY: City of Cupertino
Attn: Director of Parks and Recreation
10300 Torre Avenue
Cupertino, CA 95014
25. GENERAL PROVISIONS.
a. Entire Agreement. This document comprises the entire and integrated agreement of
the parties concerning the lease of the Property and supersedes all prior negotiations,
0113 AGT Audubon Lease FINAL 7-29-13 1 1
representations,or agreements, either written or oral. Any amendments to this document shall
be effective only if in writing and signed by the City and Lessee.
b. Attorneys' Fees. If legal action is commenced to enforce or to declare the effect of
any provision of this Lease, the prevailing party shall be awarded attorneys' fees and costs
incurred by such party in the action. Service mailed to the address of Lessees set forth herein
shall be adequate service for such litigation. If City is involuntarily made a party defendant to
any litigation concerning this Lease or the Premises by reason of any act or omission of Lessee,
then, Lessee shall hold harmless City from all liabilities by reason thereof, including reasonable
attorneys'fees and all costs incurred by City in such litigation. City shall be entitled to recover all
collection costs including reasonable attorney's fees incurred by it as a result of Lessee's default
as herein provided.
c. Severability. If any term, provision, covenant or condition of this Lease is held by a
court to be invalid, void or unenforceable, the rest of this Lease shall remain in full force and
effect and shall in no way be affected, impaired or invalidated.
d.Time.Time is of the essence of this Lease.
e. Waiver. No delay or failure to exercise any right or remedy of City on any default by
Lessee shall impair such a right or remedy or be construed as a waiver. Additionally, the
subsequent receipt and acceptance of rent by the City shall not be deemed to be a waiver of any
preceding breach by Lessee of any term, covenant or condition of this Lease, other than the
failure of Lessee to pay the particular rent so accepted, regardless of the City's knowledge of
such preceding breach at the time of acceptance of such rent. Any waiver by City of any default
must be in writing and shall not be a waiver of any other default concerning the same or any
other provision of this Lease.
f. Remedies Cumulative. The remedies provided herein shall be cumulative, therefore,
the exercise of any one remedy shall not be to the,exclusion of any other remedy.
g. Binding on Heirs;Joint and Several Liability.All of the terms, covenants and conditions
of this Lease shall apply to and bind the heirs, successors, executors, administrators and assigns
of the parties hereto;and the parties hereto shall be jointly and severally liable hereunder.
h. Governing law.The laws of the state of California shall govern this Lease. In the event
any legal action is commenced regarding this Lease,venue shall be in Santa Clara County.
L Recordation. Neither Lessee nor City shall record this Lease.
//
//
//
0113 AGT Audubon Lease FINAL 7-29-13 12
j.Authority.The individuals signing this LE!ase on behalf of the Parties have the authority
to sign on behalf of their respective entities.
In Witness Whereof,the Parties have executed this AGREEMENT.
LESSEE CITY
Santa Clara Va on Society City�off Cupertino
011-11ty Manager
ATTEST:
City Clerk F.—f f 2D
APPROVED AS TO FORM:
L/
k0ty Attorney
Attachments
Exhibit A
Cupertino Municipal Code Title 13
0113 AGT Audubon Lease FINAL 7-29-13 13
6124M3 doo�nnt(1)h6n
Cupertino, CA Municipal Code
CHAPTER 13.04: PAPJ'LS
Section
13.04.010 Purpose.
13.04.020 Definitions.
13.04.030 Compliance required.
13.04.040 Park and/or buffing permit Required.
13.04.050 Park and/or budding permit-Application.
13.04.060 Park and/or budding permit-Contents.
13.04.070 Park and/or budding pemrit-Granting or denial.
13.04.080 Park and/or binding permit-Appeal
13.04.090 Park and/or binding permit Fees and deposit.
13.04.100 Park and/or building pennnit Liability.
13.04.110 Park and/or building pemut Revocation
13.04.120 Use ofpark property.
13.04.130 Behavior ofpersons in parks.
13.04.140 Sanitation requirements.
13.04.150 Vehicle requirements.
13.04.160 Swimming restrictions.
13.04.170 Picnic area use restrictions.
13.04.180 Advertising and sale restrictions.
13.04.190 Closing hours-Prohibitions.
13.04.191 Towing of vehicles remaining after closing hours.
13.04.200 Closing sections ofparks.
filed/ICAJsem*arODowIoeds/d=mwt(1).Mm 1M2
8rZ4/13 doemeM(1)J*n
1104.201 Nature and/or rural preserve.
13.04.202 Regulations and guidelines.
13.04.210 Lost articles.
13.04.220 Administrative authority.
13.04.230 Enforcement authority.
13.04.240 Violation—Penally.
13.04.010 Purpose.
The purpose of this chapter is to regulate the use of the parks and recreatiDnbuildin of the C ity m order that
all persons may enjoy and make use of such parks and burgs and to protect the rights of those in the
surrounding areas.
(Ord. 531, § 1, 1972)
13.04.020 Definitions.
The following words and phrases,whenever used in this chapter,shall be construed as defined in this section:
A. `Buil&gs"inchides those buildings, or any portion thereof under the supervision of the parks and
recreation department made available to exclusive use pennittees.
B. "City"means the City ofCupertino.
C. `City Manager"means the City Manager of the City of Cupertino.
D. "Park"means a park, reservation,playground,wfirnrning pool, recreation center or any other area in
the City,owned or used by the City or county and devoted to active or passive recreations.
E. "Permit"means a permit for exclusive use ofparks or buildings as provided for and defined in this
chapter.
F. "Persons"include persons, associations,partnersliips,firms and corporations, or any company
organization of any kind.
G. "Sound amplifying equipment"means any machim:or device for the amplification of the human voice,
music,or any other sound. "Sound amplifying equipment"does not include standard automobile radiDs when
used and heard only by the occupants of the vehicle in whii;h the automobile radio is instalEed. "Sound amphdyitrg
equipment,"as used in this section,does not include warning devices on authorized emergency vehicles or horns
or other warning devices of any vehicle used only for traffic safety purposes.
H. ` Vehicle"means any wheeled conveyance,whether motor-powered,anirnaWrawn, or self-propelled.
The term includes any trailer in tow of any size,kind or description. Fxception is made for baby carriages,
tile!!/C:Nsersr")#DwAoads/dw"&t(t)Jft 2M2
GW13 do aWt(9).tbm
wheelchairs,and vehicles m the service of the City parks.
I. "Nature and/or rural preserve"means a park so designated by the City Council pursuant to Section
13.04.201.
(Ord. 710, (part), 1975;Ord. 531, § 2, 1972)
13.04.030 Compliance Required.
No person shall enter,be,or remain in any park or building of the City unless he complies with all of the
regulations set forth in this chapter applicable to such park or burbling.
(Ord. 531, § 3, 1972)
13.04.040 Park and/or Building Permit—Required.
The City's parks and/or buildfiV shall be made available for the exclusive use of persons and groups subject
to the issuance ofa permit by the City Manager. No exclusive use ofany park and/or buildings for pre-
advertised assemblies or groups may be made without the issuance ofa permit therefor. All applications for
exclusive use rust be signed or cosigned by an adult,which adult shall agree to be responsible for said exclusive
use. No exclusive use permit will be granted iC prior to the:time the application was fled,the City has scheduled
a City-sponsored event at the same time and place as the activity proposed in the application, if the requested
time and place has been pre-empted by a previously issued permit, or if cause fDr denial is found to exist.
(Ord. 531, §4, 1972)
13.04.050 Park and/or Building Permit Aliplication.
Any person applying for a permit hereunder shall file an application for such permit with the City Manager not
less than fourteen days nor more than sixty days prior to the proposed use of said park and/or building. The City
Manager,where good cause is shown therefor, shall have the authority to consider any application hereunder
which is filed less than fourteen days before the date such proposed activity is to be conducted.
(Ord. 531, § 5, 1972)
13.04.060 Park and/or Building Permit—Contents.
The application shall contain the following;
A. Name of the applicant the sponsoring organization, and the name of the person in charge of the
proposed activity;
B. The addresses and telephone numbers of those named in subsection A. above;
C. The park and/or building or room being applied fi)r,
D. The starting time of the proposed activity;
file//C:usena/(3erjMoMoads/dccu io t(1)Am 3112
MU13 d=ffNM(1).Mm
E.. The finishing time of the proposed activity;
F. The number ofpersons expected;
G. Additional City facilities requested,such as personnel, tables, chairs, etc.;
H. The nature of the proposed activity or activities including equipment and vehicles to be brought into the
park, nature and duration ofthe use of any amplified sound,whether speech or music;
I. The form of application shall be provided or prescribed by the parks and recreation department.
(Ord. 531, § 6, 1972)
13.04.070 Park And/or Building Permit Granting or Denial.
A. The City Manager shall grant or deny such application on or before four days after the filing of the
application unless the time for such granting or denial of the permit has been waived by the applicant in wr ft
The decision granting or decrying said application shall be mailed to the applicant.
B. The City Manager,in granting the application,many irrpose reasonable requirements and conditions
concerning the use ofthe park or butting by the applicant.
C. The City Manager shall grant the application when the application contains information showing that the
number ofpersons expected at the activity complies with the occupancy load ofthe btudding and upon granting
such permit may impose reasonable requirements and coalitions concerning the use of said budding with respect
to time and duration ofuse and rnunber ofpersons allowed in the building.
D. The City Manager may grant the application for a.building other than that applied for with the consent of
the applicant in the event that a permit has already been issued for said building or that the budding does not meet
the occupancy load requirements. In the event that more than one application is received for one park or building
for use at the same time,the City Manager shall first act upon the application fast received.
E. The City Manager shall deny the application She finds:
I. That the proposed activity or use will unreasonably inte&re, or detract from the promotion of the
public health,welfare, safety and recreation;
2. That the proposed activity or use is anticipated to incite violence, crane or disorderly conduct;
3. That the proposed activity or use will entail unusual, extraordinary,or burdensome expense or police
operation by the City,
4. That the City has scheduled an activity at the same time and place as the activity proposed by the
applicant;
5. That the applicant reveals that the City has no park which will accommodate the activity by the
applicant;
fileWJ//C:IUSWS 'WVV tirioads/do==4(1)J*n
4112
6124113 dwin Wt(1)Jft
b. That the applicant refuses to agree in writing to comply with any and all conditions in the permit;
7. That the applicant fad to fie a timely appficatlon,unless waived in writing by the City Manager.
F. All denials for applications for permits shall specify the grounds therefor.
(Ord. 531, § 7, 1972)
13.04.080 Park and/or Building Permit Appeal.
The applicant shall have the rigid to appeal the denial ofa permit by the City Manager to the City Council A
notice ofappeal shall be filed with the City Cleric within five days ofthe City Managees mailing the notice of
denial of the application for a permit. The City Council shag act upon the appeal at its next meeting following
receipt ofnotice ofappeal and its decision shall be final.
(Ord. 531, § 8, 1972)
13.04.090 Park and/or Building Permit Fees and Deposit.
Upon the granting of a permit under this chapter, any fr es or deposits required for the use of City personnel,
binding, equipment, and facilities shall be contained in said permit and said fees or deposits shall be paid by the
applicant within ten days of the receipt of said permit. If said fees or deposits are not paid within said ten days,
then, in that event,the permit therefor issued shall be null and void:
A. Bulling fees and charges have been established Find are regulated by the type of organization or
individual usage proposed by the application and such fees are subject to change as required by personnel or
City costs;
B. Budding deposit fees are refimdable upon to incite violence, crime or disorderly conduct; approval of
the City Manager,providing no damage arises from the applicant's usage.
(Ord. 531, § 9, 1972)
13.04.100 Park and/or Building Permit Liability.
Persons to whom an exclusive use permit has been granted must agree in writing to hold the City harmless
and indemnify the City from any and all liability for injury to persons or property occurring as a result of the
activity sponsored by the perm&ee and said person shall be liable to the City for any and all damage to parks,
facilities, and buildings owned by the City,which results from the activity ofpermittee or is caused by any
participant in said activity.
(Ord. 531 § 10,1972)
13.04.110 Park and/or building permit Revocation.
The City Manager shall have the authority to refuse a permit upon a finding that any use or activity is in
violation of the provisions of this chapter,or any other ordimme of the City,or of any rule promulgated
file!//C NsersAGar�D (1)AIM 5112
6124/13 doctma t(I)Arn
hereunder, or upon good cause shown.
(Ord 531, § 11, 1972)
13.04.120 Use of Park Property.
No person in a park shall do any of the following:
A. Wrff*mark, deface, disfigure, injure, tamper with or displace or remove any buildings,bridges, tables,
benches, fireplaces, railing,paving or paving material,waWr lines or other public utilities or parts or
appurtenances whatsoever, either real or personal;
B. Litter,soul or defile restrooms. No person over the age ofsix years shall use restrooms and washrooms
designed for the opposite sex;
C. Dig or remove any soil,rock, stones,trees, shrubs or plants, down timber or other wood or materials,
or make any excavation by tool,equipment,blasting or other means or agency. It is unlawful to gather firewood
or to collect within the park any type of plant material for the purpose of building a campfire;
D. Construct or erect any building or structure ofwtmtever kind,whether permanent or temporary in
character, or run or string any public service utility into,upon or across such lands,except on special written
permit issued under this chapter,
E. Go upon any lawn or grass plot,where probibited by the parks and recreation department,and where
such prohibition is Wicated by proper and legible signs;
F. Damage,cut, carve, transplant or remove any tree or plant,or irgure the bark, or pink the !lowers or
seeds of any tree or plant. Nor shall any person attach=r rope,wire, or other contrivance to any tree or plant.
No person shall dig in,or otherwise disturb any grass area,or in any way injure or impair the natural beauty or
usel ness of any areas;
G. Climb any tree or walk,stand or sit upon any monuments,vases, fountains,railing, fences,or upon any
other property not designated or customarily used for such purposes;
H. MOO, molest;harm, frighten, kit trap, chase, tease, shoot or throw missiles at any animal, reptile, or
bird;nor shall any person remove or have in his possession the young of any wild animal,or the eggs or nest or
young of any reptile or bird. Exception to the foregoing is made in that snakes known to be deadly poisonous,
such as rattlesnakes, or other deadly reptiles may be killed on sight;
I. Use any system for ampli6ing sounds,whether for speech or music or otherwise, unless an exclusive use
permit is first secured.
(Ord. 531, § 12, 1972)
13.04.130 Behavior of Persons in Parks.
No person in a park shall do any of the following:
fl1el1/CJUSffWGWr DWdOa s/doot rw4(1)ftn 6112
6r M3 d=nWt(1).Mm
A. Bring to a park any alcoholic beverages, and no;person may drink alcoholic beverages at any tune in a
park,except picknickers,who may bring to a park, and drink,beer or wine with their pig meal, so long as
they conduct themselves in an orderly rnaramr,
B. Enter or remain in a park while under the influence of intoxicating liquor or any drug;
C. Have brought,or have in his possession, or set ofl;or otherwise cause to explode or discharge or bum,
any firecrackers, torpedoes,rockets, or other fireworks or explosives of irdlarruriable material, or discharge them
or throw them into any such area from land or any higtrway adjacent thereto. This prohibition includes any
substance, compound,mbcture or article that,in co4unction with any other substance or compound would be
dangerous from any of the foregoing standpoints;
D. No person having the control or care of any dog, shall suHier or permit such dog to enter or remain in a
park or sport field,unless posted for such use, and then only if it is led by a leash of suitable strength not more
than six feet in length, unless it is permitted to be off-leash by the City as part ofa City-authorized event or
program;and the owner and the attendant shall be respolvble for any damage caused, in any event,by such
dog, even if on leash;
E. Lead,ride,drive,keep or let loose any ani ml,reptile or fowl of any kind,without a permit to do so
from the Director ofparks and recreation;
F. Make or kindle a fire for any pupose,except at places provided for such purpose,unless prior special
permission be obtained therefor from the Director,
G. Enter an area posted as"Closed to the Public,"and no person shall use, or abet the use o� any area in
violation ofposted notices;
H. Play or bet at or against any game which is played,conducted, dealt, or carried on for money, chips,
shell, credit or any other representative ofvahre, or maintain or exhibit any gambling table or other instrurnerrt of
gambling or gaming, or play any game prohibited by any other ordinance ofthe City;
I. Sleep, or protractedly lounge, on the seats,benches, or other areas, or engage in loud, boisterous,
threatening,abusive, insulting, or indecent language,or engage in any disorderly conduct or behavior tending to a
breach ofthe public peace;
I Use,carry,or possess firearms of any description, or air rifles, spring guns,bow and arrows, slings or
any other forms ofweapons potentially dangerous to wild life or to human safety. Shooting into park areas from
beyond park boundaries is prohibited;
K. Solicit alms or contributions for any purpose,whether public or private, without prior permission from
the City Councrit
L. Use or allow the use ofpowered model airplanes except in areas so designated by the department of
parks and recreation;
M. Play or practice golf or use golf chubs in any area ofthe park not designated for such use;
N. Indulge in riotous,boisterous, threatening or indecent conduct.
fflelI1CA)SWa93 WYDW408Wdocume 4(t).tam
7112
8/2M13 downeM(1).hbn
O.- No person shall skate or rollezblade in a manner that causes damage to park amenities or threatens the
safety or well being ofpark patrons. Skating or rolleerblading is prohibited on raised surfaces where signed.
P. Feeding Waterfowl Prohibited. No person shall ibed or in any manner intentionally provide food to any
waterfowl(geese,ducks, or coots)in any City park.
(Ord. 13-2105, § 2, 2013;Ord. 12-2101, § 1 (part),2013; Ord. 1945, 2004;Ord. 1886, (part),2001; Ord.
531, § 13, 1972)
13.04.140 Sanitation Requirements.
No person in a park shah do any of the following.
A. 'Throw, discharge or otherwise place or cause to be placed in the waters of airy fountain,pond, lake,
stream bay or other body ofwater in or adjacent to any park or any tributary, strean%storm sewer or drain
flowing into such waters,any substance;matter or thing, filuid or solid,which will or may result in the pollution of
such waters;
B. Dump,deposit or leave any bottles, broken glass,ashes,paper,boxes, cans,refuse or trash on the
grounds thereof Such items shall be placed in the proper receptacles where these are provided;and,where such
receptacles are not provided,all such rubbish or waste sludl be carried away from the park by the person
responsible for its presence, and properly disposed of elsewhere.
(Ord. 531, § 14, 1972)
13.04.150 Vehicle Requirements.
No person in the park shall do any ofthe following:
A. Fad to comply with as applicable provisions of the Vehicle Code of the state in regard to equipment and
operation ofvehicles, together with such regulations as are contained in this chapter and any other ordinances of
the City regulating traffic;
B. Fail to obey all traffic officers and park employees who are hereafter authorized and instructed to direct
traffic in the parks in accordance with the provisions of this chapter and such supplementary regulations as may
be issued by the Director,
C. Fail to observe carefully all trams signs indicating speed, direction, caution, stopping or parking and all
other signs posted for proper control and to safeguard life and property;
D. Ride or drive a vehicle at a rate of speed exceeding fifteen mks an hour, except upon such roads as the
City may designate by posted signs for speedier travel;
E. Drive any vehicle on any area except paved roads or parking areas,or such other areas as may be
specifically designated as temporary parking areas by the department of parks and recreation;
F. Park a vehicle in other than an established or desi gated parking area, and such use shall be in
accordance with the posted directions there, and with the instructions ofany attendant who may be present;
fiiwj#cAisers1GwYDmdoeds/dooume 9(1)J*n
8112
&►24113 doaa and(1)J*n
G. Ride a motorcycle,motor bike, or shular vehicle in any park, except where used to transport invalid
persons;
H. Ride a bicycle on other than a paved road or path. Notwithstanding the foregoing no person may ride
a bicycle on a paved road or path where such activity is prohibited by posted signage. A bicyclist may wheel or
push a bicycle by hand over any grassy area,wooded trail,or over any other area in which bicycle riding is
otherwise prohibited;
I. Ride a bicycle other than on the riglW=W side oftthe road paving as close as conditions permit,and
bicycles shall be kept in single file when two or more are operating as a group. Bicyclists shall at all tines
operate their machine with reasonable regard to the safety of others, signal all turns,pass to the left of any vehicle
they are overtaking and pass to the right of any vehicles they may be meeting
L Ride any other person on a bicycle,except where the bicycle is built for operation by more than one
person;
K. Leave a bicycle in a place other than a bicycle rack where a bicycle rack is provided and there is space
available;
L. Leave a bicycle lying on the ground or paving or set against trees, or in any place or position where
other persons may trip over or be injured by it.
(Ord. 2014, 2008;Ord. 531, § 15, 1972)
13.04.160 Swimming Restrictions.
No person in a park shall swim, bathe,wade in or pollute the water ofany fountain, pond, lake or stream,
except that wading and swnuming shall be permitted in pools specifically provided for these purposes, and so
posted.
(Ord. 531, § 16, 1972)
13.04.170 Picnic Area Use Restrictions.
No person in a park shall do any ofthe following:
A. Picnic or hnch in a place other than one designated for that purpose. Attendants shall have the
authority to regulate the activities in such areas,when necessary to prevent congestion and to secure the
maxi nun use of the park facilities for the comfort and commnience of all. Visitors shall comply with any
directions given to achieve this end Individual fireplaces or tables and benches shall be used on the basis of"first
come, first served'
B. Use any portion of the picnic areas,or any of the spark buildings or structures for the purpose of holding
picnics,to the exclusion of other persons,and no person shall use such area and facilities for an unreasonable
length of time if they are crowded;
C. Leave a picnic area before a fire started or later used by him is completely extinguished.
filed!/C Nsersl UwyDm doadeldoc mmt(1).Mm 9/12
&M3 do MMM(1).htm
(Ord 531, § 17,1972)
13.04.180 Advertising and Sale Restrictions.
A. No person in a park shall,without prior permissim from the City Council,do any of the following.
1. Expose or offer for sale any article or thing, nor shall he station or place any stand,cart or vehicle for
the transportation, sale or display of any such article or thing;
2. Announce,advertise or call the public attention in any way to any article or service for sale or hire;
3. Paste,gko,tack or otherwise post any sign,placard,advertisement or inscription.
B. In addition, in order to insure the public safety, health and general welfare,no person shall expose or
offer for sale any article or thing,nor shall he station or place any stand,cart or vehicle for the sale or display of
any article or thing on a public street,within five tmdred Meet in a strait line from the nearest boundary of any
park.
(Ord. 1886, (part),2001;Ord 531, § 18, 1972)
13.04.190 Closing Hours—Prohibitions.
No person in a park shall do any of the followings
A. Remain,stay or loiter in any public park, between the hours often p.m. and six a.m. of the following
day,or as may otherwise be designated by mirnrte order or resohition of the City Council The opening and
closing hours for each individual park shall be posted therein by the department of parks and recreation for
public information;
B. Set up tents or other temporary shelter for the purpose of overnight camping nor shall any person park
or leave in a park, after closing hours, any vehicle or movable structure to be used, or that could be used, for
such purposes,such as a horse trader,camp trailer,pickWi camper,or the hike;
C. Park or leave in a park, after closing hours, any vehicle. Signs shall be posted at all park entrances to
notify park visitors of the effects ofparagraph C ofthis section.
(Ord. 754, § 1, 1976;Ord. 670, § 1, 1974;Ord. 531, § 19, 1972)
13.04.191 Towing of Vehicles Remaining aifter Closing Hours.
Airy vehicle or movable structure loft in a park after closing hours may be towed away to a public garage at
the owner's expense. Signs shall be posted at all park entrances to notify park visitors of the effects of this
section
(Ord. 752, § 1, 1976)
13.04.200 Closing Sections of Parks.
fl1eJ//C:M6WW 8g0DWd08Wd=rWd(1)Jtn 10112
6124113 dommW t(1).Mm
Any section or part of a park may be declared closed to the public by the Director of parks and recreation at
any time, and for any interval of time, either temporarily or at regular and stated intervals(daily or otherwise),
and either entirely or merely to certain uses, as the Director may reasonably find necessary.
(Ord 531, §20, 1972)
13.04.201 Nature and/or Rural Preserve.
A. Any park characterized by such unique natural futures that it is deemed a valuable and irreplaceable
resource may be designated by the City Council ether by ordinance or resolution as a nature and/or rural
preserve, in which event it shall be used and treated in a nwmr consistent therewith
B. Uses shall be limited to those which will rnaintain and protect the ecology of the area,conserve the
natural features and scenic values,expand corrnrnmity awareness and understanding of natural history and the
envi onrneM and provide enjoyrnent ofth a resources present consistent with their preservation.
C. McClellan Ranch Park is designated a nature and rural preserve.
(Ord. 710, (part), 1975)
13.04.202 Regulations and Guidelines.
The City Council shall by resolution adopt regulations controlling the use and guidelines pertaining to the
development of any part designated as a nature ardor rural preserve. Any such regulations adopted by the City
Council shall,where inconsistent therewith, take precedence over any general regulations contained in Chapter
13.04.
(Ord. 710,(part), 1975)
13.04.210 Lost Articles.
The finding oflost articles in parks shall be reported to the department ofparks and recreation or the park
department personnel on duty.
(Ord. 531, § 21, 1972)
13.04.220 Administrative Authority.
There is confined upon the City Manager those powers and duties necessary for the admmistration of this
chapter. In addition, there is also conferred upon the City Man>rager the authority and power to designate such
City officers and employees as may be required to carry out the intent and purpose of this chapter.
(Ord. 531, §22, 1972)
13.04.230 Enforcement Authority.
The parks foreman, all park attendants and/or as peace:officers authored or directed by the City shall be
filOIC Nsemrz fi)& OWBldoc NnW(1).Mm 11112
W4/13 document(1).htm
responsible for the enforcement of the provisions of the chapter and of any rule promulgated hereunder.
(Ord. 531, § 23, 1972)
13.04.240 Violation—Penalty.
Any person who violates the provisions of this chapter shall be guilty of an infraction and upon conviction
thereof shall be punished as provided in Chapter 1.12.
(Ord. 1179, § 2 (part), 1982; Ord. 531, § 25, 1972)
Disclaimer
This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the
Municipality.American Legal Publishing Corporation provides these docurents for informational purposes only.These documents should not
be relied upon as the definitive authority for local legislation.Additionally, the formatting and pagination of the posted documents varies from
the formatting and pagination of the official copy.The official printed copy of a Code of Ordinances should be consulted prior to any action
being taken.
For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site,please
contact the Municipality directly or contact American Legal Publishing loll-Free at 800-445-5588.
(j 2013 American Legal P blishing Corporation
techsuaport(a)ar-(egal.com
1.800.445.5588.
file)//Cfusers/Gar�om oads/document(1).htm 12112