89-150 Lease and Caretaker agreement for Simms House in McClellan Ranch Park, Reso 7982, Agreement for Purchase of Real Property under threat of Condemnation APN 357-6-12 rD
A
CITY OF CUPERTINO
LEASE AND CARETAKER AGREEMENT
FOR SIMMS HOUSE IN MCCLEL.L•AN RANCH PARK
This Lease and Caretaker Agreement("AGREEMENT") is made by and between the City of Cupertino
("CITY')and Innovative Housing,Inc.("LESSEE").
The building to be leased by this AGREEMENT is commonly known as the"Simms House", and more
particularly described as 22241 McClellan Road,McClellan Ranch Park,City of Cupertino,County of Santa Clara,
State of California,("the"BUILDING").
This AGREEMENT is entered for the purpose of making available for lease of a building owned by CITY
on the condition that: (1)the residents of the BUILDING qualify under the State of California and Federal Income
Limits of very-low and low-income persons, and (2) that LESSEE is responsible for Caretaking duties of the
BUILDING site as set forth in the terms of this AGREEMENT.
CITY AND LESSEE AGREE AS FOLLOWS:
1. LEASE TERM: THE LEASE OF THE building shall commence on August 1, 1993 and end three years
later,on July 31, 1996 at which time the lease may be renegotiated after evaluation by the CITY.
2. RENT: Rent shall be $900.00 per Month payable in advance on the 15th day of each calendar month.
LESSEE shall pay rent to CITY at 10300 Torre Avenue,Cupertino,California,Attention:Finance Director,Room
101. In the event rent is not paid within 10 days after the due date,rent is deemed late and delinquent and a late
charge of$20.00 plus interest at the rate of 10% per annum on the delinquent amount shall be assessed. LESSEE
further agrees to pay$20.00 for each dishonored bank check.
3. SECURITY DEPOSIT: A security deposit in the amount of$225.00, not applicable toward the last
month's rental payment,shall be due and payable on the 15th day of July, 1993.
4. UTILITIES: LESSEE shall be responsible for the payment of all utility bills applicable to the
BUILDING during the term of this leases.
5. TENANTS: LESSEE shall be responsible for screening prospective tenants and assuring that each
tenant allowed to reside in the BUILDING qualifies under the State and Federal Income Limits of very-low and low
income. Further,LESSEE,will give preference to persons who live,work,and go to school or have families in the
City of Cupertino. Guests shall not be allowed to stay in the BUILDING more than.five (5) days without first
obtaining the written consent of CITY.
6. SUBLETTING AND ASSIGNMENT: LESSEE shall not assign,sublet or transfer this lease or any
portion thereof. Any attempt to assign,sublet,or transfer shall be void and shall grant CITY grounds for terminating
this lease.
7. INSURANCE: LESSEE shall maintain insurance as outlined in the Insurance and Indemnity
Requirements,as set forth in Exhibit"B',attached hereto and incorporated herein by this reference.
8. - ANIMALS: No animal or other pet (except for properly trained dogs needed for the blind, deaf or
physically handicapped persons),shall be kept on or about the premises without the prior written consent of CITY.
9. ORDINANCES AND STATUTES: Tenant(s)shall comply with Cupertino's Municipal Code and
all State and Federal Statutes and Ordinances now in force,or which hereafter be in force,pertaining to the use of
the BUILDING and McClellan Ranch Park.
10. MAINTENANCE AND REPAIRS: Tenant(s)shall,at their own expense,maintain the BUILDING
in a clean and sanitary manner,including all equipment,appliances,and furnishings therein and shall surrender the
BUILDING,upon the termination of this AGREEMENT,in as good condition as received,except for normal wear
and tear. Tenant(s) shall be fully responsible for damages caused by their negligence and that of their family,
invitees or guests. Tenant(s) shall not paint, paper or make alterations to the BUILDING without prior written
consent from CITY. Tenant(s)shall maintain any surrounding grounds,which are part of the BUILDING site and
are for the exclusive use of Tenant(s),including any lawn,ground cover,and shrubbery and keep such grounds clear
of rubbish and weeds. the lawn or other ground cover may be located within a fenced area,not to exceed 30 feet by
30 feet, behind the BUILDING, and contain landscaping which is natural as possible, to be compatible with the
surrounding park environment.
11. INDEMNIFICATION: CITY shall not be liable for any damage or injury to Tenant(s), or any other
person,or to any property,occurring in the BUILDING or on any part of the BUILDING site,and Tenant(s)agree to
hold CITY harmless from any claims for damages, unless such damage is the proximate result of negligence or
unlawful conduct of CITY,its agents or employees.
2 ENTRY AND INSPECTION: CITY shall have the right to enter the BUILDING, during normal
business hours upon a 24 hour prior notice to Tenant(s), to inspect, make necessary or agreed on repairs or
alterations,supply necessary or agreed on services or to provide access for necessary or agreed on service people or
contractors.
13. CARETAKER DUTIES: As Caretaker(s) of the BUILDING and the surrounding grounds,
Tenant(s)promise to do the following:
(a) obtain training from the City's Naturalist and become familiar with the McClellan Ranch Park rules and
Chapter 13 of the Cupertino Municipal Code,which governs the use of parks and buildings of CITY. Periodically
check the BUILDING and the surrounding 3.1 acres and report to CITY'S code enforcement any violations of the
above referenced regulations found by Tenant(s) (a copy of Cupertino Municipal Code, Chapter 13, is attached
hereto as Exhibit"C");
(b) notify the CITY'S Parks and Recreation office prior to any absence from the BUILDING for any
extended period of time;
(c) keep the access gate open during daylight hours and closed at all other times;
(d) report incidents, such as park misuse and vandalism,and any emergencies such as burgarlies to the
McClellan Ranch Caretaker. If the McClellan Ranch Caretaker is unavailable,contact the Sheriff's office. In the
event the Sheriff's office is involved,report the incident to the Director of Parks and Recreation. (CITY will furnish
LESSEE with a list of contact numbers prior to occupancy of the BUILDING)
14. RETURN OF KEYS: Upon termination of this AGREEMENT,the keys to the BUILDING,including
all duplicated sets, are to be hand delivered to CITY'S Parks and Recreation Director or an authorized
representative.
15. HOLDING OVER: Any holding over after the expiration of the lease term,with the written consent
of CITY,shall be construed as a Month-to-Month tenancy in accordance with the terms of this AGREEMENT,until
either party terminates the tenancy by giving the other party thirty(30) days written notice delivered by certified
mail.
16. GROUNDS FOR TERMINATION: CITY retains the right to terminate this AGREEMENT upon
any breach by LESSEE and/or Tenant(s)of any material term,provision,covenant or condition contain herein.
17. SEVERABILITY: If any term,provision,covenant or condition of this AGREEMENT is held by a
court to be invalid,void or unenforceable, the rest of the AGREEMENT shall remain in full force and effect and
shall in no way be affected,impaired or invalidated.
18. WAIVER: The failure of CITY to exercise any right hereunder shall not constitute waiver of such
right.
19. ARBITRATION: In the event any dispute arises between CITY and LESSEE and/or Tenant(s)
regarding their respective rights and obligations under this AGREEMENT, such dispute shall be submitted to
binding arbitration.
20. ATTORNEY'S FEES: If legal action is commenced to enforce or to declare the effect of any provision
of this AGREEMENT,the prevailing party shall be awarded attorney's fees and costs incurred in such action.
21. 1V Time is of the essence of this AGREEMENT.
22. EXHIBITS: All exhibits hereto, specifically Exhibit"A"Project Proposal Cover Page,Exhibit'B"
Insurance and Indemnify Requirements with Certificate of Insurance,and Exhibit"C"Chapter 13 of Cupertino's
Municipal Code are incorporated herein and made part of this AGREEMENT by this reference.
23. ENTIRE AGREEMENT: This AGREEMENT,consisting of four(4)pages,constitutes the entire
AGREEMENT and supersedes any prior agreement between the parties hereto.
LESSEE has executed this lease and Caretaker Agreement for Simms House in McClellan Ranch Park on
this 26th day of July , 1993.
B :
E CLTTTVE D OR, ovative Housing,Inc.
CITY has executed this lease and Caretaker Agreeme for S' s H e in McClellan Ranch Park on
this 30th day of July, 1993.
By:
B WN,City Manager
Attested By:
CITY CLERK
Approved as to Form:
CITY ATTORNEY
Attachments:
Exhibit A-Project Proposal Cover Page
Exhibit B-Insurance and Indemnity Requirements
Exhibit C-Cupertino Municipal Code,Chapter 13
• Exhlblt A
.,},•.,:,}}:}}}y:;.,,}}•.,}}}:4}:^}}}}a,}}v}Yaa,}a,vv,;r.:•na:•.♦ S yYaKvay,•.}a},�a} 5}Y�'•.}
........4.....>}.,}}}}}}}}:•:•?} ..r...:...:.... tL•h....;}::.}::::......r .... .... ......:....n...,.•:.......... ....:.,r..::::.....r..,.. T...::: ,,.::.r .k•: :.kkS;4}}}.�'tyk}k..
:.:}:h.•.v?:n•:rr:r:::v:w v,.v:Yh:•:rx:.. ...\b vv:r n}.: ,.4} •l� ?'i
:}•.}.. }.. :.;;.}Y':x•r v:r::::::::4iYY}:•}?Yi}:2j{!{::{'r{{{{:2:{{:<•{?}:4:•:•:{..}. :v.4,$:v.::}..{
....}}:ik•}'•}}Y::r:::.n;:::.:YY:4;.}: ..... i..n ...............r............2......:.....{....:.......:....{{ik4v:L+J.•i:h::...v....Ar..1'.•}%J.!•.�.b:{'v}\ ....5'i.�vJk•',f•ir:�'4Y4}f+n.4...:{
...........:.:...•.�.,•:::::::::.•:.:.•:.:::•: .. .. :....... ..,•:::::::::.:•:::::::::.::::::.:...:.........r.... r::::::::•:::::::::r:::.,::•r:::::}•.:•::...:::•r:•::::r:,,.•:•::r,+.•:::�::w'�;�r n•„. 1 :•:::•.
..h• �:S
CITY OF CUPERTINO
HOUSING AND SERVICES PROPOSAL
.ryaaa ,Y4.aa.
:n::vaa•.vv;•.•v.vvv:.:v::•.,vv v •v:.a•.v,•.v.n vv:'S•.}}}Yv.}avv};•Y{•}x4;,},;;•}}S?}:r.•:4'.}:t{.vv:v:.}:•n}v.:.:n•.}}:•:•}}:4:•?:4:•!!{.yw};•};•}Yiy!+.};4}}ri}}}}S:dv,.}TS}}}S!•. }}}i}!4l4y}Y.}}Y•.} Y.SH}}S' !41N}!•S. � }}}Y.9H}f}.}SN}YS}v. Y....}}
..:......,•:r.Yr..:•::•.v.:::v.;}.}»:....v....}..s..r:{.:...:...�....:....::..............:.. ......:::.:.::nv.................:.....k...:..R................k.....`.}k............:...:.X{:kk.:.a,..!{':k..:.....k..k:,kk...... .ak..,....,..,:..a...:....k..
.R..r...r .:Yr}..{..
..............................:.....••,v........r.....x.........................................................v.v;::::::;::::::.v::::.v:::;............vw:1.:•::::.v::!•:•:::..+.:!4:.rw::::vh:{v:r........n.:w::.+.w.v v......\.n.:;,4::nr•w:•:•::v:•:Iw::.
•::::.:::•:}.:::..::..............................•r....................................................................................... �.r:::::::•:......r ,.,....r.....,.{.r.r...... :...4.... r.....,:.r:..,r......,:r.....r.
.......}r....r.. .r...,.r:..:. Yv...r...Y ..., rr: •:•::•:.h•,r..:.v..;..,v::•Y:•:nrr{{.
•..:..v;n.v.,.:..,.........r. ;r.:v.:v rw:�x:4.v::::n:::r.:v:::::.v:•.::v:v ::::::::::::.v.v;:n.:.+.w::::::::.v:::nkv:n:v.v:;.:,•:::n:tw::.v::,v:..h..................:..r....:,.r...:..i....n....{C v.2........4n.... ..L.{.h.v..,....... .v.v.....L,...v{t..
w;:...:::•.::.:::4 4f4:•ii:4:........:.v.v:::.v::::.v.v :::::::nv::::::::::;:::•::::::::::::::::::::::::::;:::::.v::::::::::::::::::::::::::nv.,.......................:n4::::::::::w::.:v:.v.
Project Title: jAJtA►jr.@l} EQsf3 Total Protect Budget:
Park Caretdket Services for Sim s HnIMP $:;r,'{'{i?2{1?kv::;:L}S}?,�5:.:.•,;�i•'.q;`{;'�,;k::7L{{.V•n'{.',4:
Contact Person: Title:
Maria Martin Interim Director Interim Director
Organization: Address:
2tiYkCity State ZIP :1}ie •:<' .•{
ax
;:,r.;J!.ti kY�k{.;{.$•..{{}Jk,Y,.h�,+.tiJf.}{{�2 ;:?•f r
Palo Alto, CA 94301
Executiv11e-- _Director (Please Print): Ex utive Director's lure:
;{r..;,}};{{,..;{{.• 4.n,{.,.}•;p•;n}, y,S`^'Y;4y};.},w.}.,.•.,;.}>:•kk.`,�p,:S;k:Y,.tkr:.};n;.y+;.}kv?:..v...:.:Y},•;LL4}:{F.?s.Yi±:•'sYi?kY•rr•L;'iJ•r,.?k:L{S^!i'}•`.:.:.;;c"7Y•:;cuY MY/+Yr
i EXhlbit B
EXHIBIT B
Insurance and Indemnity Requirements
Indemnity: Corporation agrees to indemnify and hold harmless
the City of Cupertino, its officers, employees and elected officials,
boards and commissions from all suits, actions, claims, causes of
action, costs, demands, judgments and liens arising out of the
Corporation's performance under the AGREEKERr, including the
Corporation's failure to amply with or carry out any of the
provisions of the AGRERMr.
Insurance: Corporation shall take out prior to commencement of
the performance of the terms of the AGREEMERr, pay for, and maintain
until completion of the AGRE MERr, the following types of Policies.
These Policies must cover at least the following, which are minnmum.
coverages and limits.
I. Comprehensive General Liability Insurance; including the
following:
A. premises Operations (including completed operations, if
the exposure exists) .
B. Broad Form Blanket Contractual.
C. personal Injury coverages A, B and C.
1. All coverages must have a minumun of $500,000
combined single limit.
II. Cormrehensive Auto Policy to cover:
�- A. Non-owned.
B. Hired Auto.
- 1. These coverages must have a minummn of $500,000
combined single limit for bodily injury and property damages.
III. Errors or Omissions coverage for attorneys and paralegals
with a minumum limit of $500,000 per occurrence combined single limit
with no more than $1,000 deductible per occurrence (where scope of
services provides for attorneys and paralegals.)
IV. Medical Malpractice Insurance: Minimum limits of $500,000
per occurrence with no greater deductible than $1,000 per
occurrence. This is to cover all medical staff associated with the
Corporation, such as, but not limited to, doctors, nurses, and
paramedicals, (where scope of services provides for medical staff.)
V. Workers Cassation• Coverage with the statutory limit of
liability and $1,000,000 employer's liability.
Erldorseme-nts: On all required insurance the followira
endorsements must be a part of each policy
A. The City of Cupertino, its officers and employees, and
agents are to be additional insured.
B. 'Thirty (30) days notice of cancellation or reduction in
coverage of any nature mast be given to the City of Cupertino.
C. The insurance policies mast be endorsed to show that
they are primary, and any other valid and collectible insurance the
City of Cupertino may have will be excess only.
D. All insurance policies must be satisfactory to the City
of Cupertino.
marilyn\misc\simms
l
13.04.010
Chapter 13.04 use of the parks and recreation buildings of the
City in order that all persons may enjoy and
GENERAL REGULATIONS make use of such parks and buildings and to
protect the rights of those in the surrounding
Sections: areas. (Ord. 531 § 1, 1972)
13.04.010 Purpose.
13.04.020 Definitions. 13.04.020 Definitions.
13.04.030 Compliance required. The following words and phrases, whenever
13.04.040 Park and/or building permit— used in this chapter,shall be construed as defined
Required. in this section:
13.04.050 Park and/or building permit— A. "Buildings" includes those buildings, or
Application. any portion thereof,under the supervision of the
13.04.060 Park and/or building permit— parks and recreation department made available
Contents.
to exclusive use permittees.
13.04.070 Park and/or building permit— B. "City" means the City of Cupertino.
Granting or denial.
13.04.080 Park and/or building permit— C. "City Manager" means the City Manager
Appeal. of the City of Cupertino.
13.04.090 Park and/or building permit— D. "Park" means a park, reservation, play-
Fees and deposit. ground,swimming pool,recreation center or any
13.04.100 Park and/or building permit— other area in the City,owned or used by the City
Liability. or county and devoted to active or passive recrea-
13.04.110 Park and/or building permit— tions.
Revocation. E. "Permit" means a permit for exclusive use
13.04.120 Use of park property. of parks or buildings as provided for and defined
13.04.130 Behavior of persons in parks. in this chapter. .
13.04.140 Sanitation requirements. F. "Persons" include persons, associations,
13.04.150 Vehicle requirements. partnerships, firms and corporations, or any
13.04.160 Swimming restrictions. company organization of any kind.
13.04.170 Picnic area use restrictions. G. "Sound amplifying equipment" means
13.04.180 Advertising and sale any machine or device for the amplification of
restrictions. the human voice, music, or any other sound.
13.04.190- Closing hours—Prohibitions. "Sound amplifying equipment" does not
13.04.191 Towing of vehicles remaining include standard automobile radios when used
after closing hours. and heard only by the occupants of the vehicle in
13.04.200 Closing sections of parks. which the automobile radio is installed. "Sound
13.04.201 Nature and/or rural preserve. amplifying equipment," as used in this section,
13.04.202 Regulations and guidelines. does not include warning devices on authorized
13.04.210 Lost articles. emergency vehicles or horns or other warning
13.04.220 Administrative authority. devices of any vehicle used only for traffic safety
13.04.230 Enforcement authority. purposes.
13.04.240 Violation—Penalty. H. "Vehicle" means any wheeled con-
veyance, whether motor-powered, animal-
13.04.010 Purpose. drawn, or self-propelled. The term includes any
The purpose of this chapter is to regulate the trailer in tow of any size, kind or description.
347
13.04.020
Exception is made for baby carriages, wheel- before the date such proposed activity is to be
chairs, and vehicles in the service of the City conducted. (Ord. 531 § 5, 1972)
parks.
I. "Nature and/or rural.preserve" means a 13.04.060 Park and/or building permit—
park so designated by the City Council pursuant Contents.
to Section 13.04.201.(Ord.710(part), 1975;Ord. The application shall contain the following:
531 § 2, 1972) t A. Name of the applicant, the sponsoring
organization, and the name of the person in
13.04.030 Compliance required. charge of the proposed activity;
No person shall enter, be, or remain in any B. The addresses and telephone numbers of
park or building of the City unless he complies those named in subsection A. above;
with all of the regulations set forth in this chapter C. The park and/or building, or room being
applicable to such park or building.(Ord.531§3, applied for;
1972) D. The starting time of the proposed activity;
E. The finishing time of the proposed activity;
13.04.040 Park and/or building permit— F. The number of persons expected;
Required. G. Additional City facilities requested, such
The City's parks and/or buildings shall be as personnel, tables, chairs, etc.;
made available for the exclusive use of persons H. The nature of the proposed activity or
and groups subject to the issuance of a permit by activities including equipment and vehicles to be
the City Manager. No exclusive use of any park brought into the park,nature and duration of the
and/or buildings for pre-advertised assemblies or use of any amplified sound, whether speech or
groups may be made without the issuance of a music;
permit therefor.All applications for exclusive use I. The form of application shall be provided
must be signed or cosigned by an adult, which or prescribed by the parks and recreation depart-
adult shall agree to be responsible for said ment. (Ord. 531 § 6, 1972)
exclusive use. No exclusive use permit will be
granted if, prior to the time the application was 13.04.070 Park and/or building permit—
filed, the City has scheduled a City-sponsored Granting or denial.
event at the same time and place as the activity A. The City Manager shall grant or deny such
proposed in the application;if the requested time application on or before four days after the filing
and place has been pre-empted by a previously of the application unless the time for such grant-
issued permit, or if cause for denial is found to ing or denial of the permit has been waived by the
exist. (Ord. 531 §4, 1972) applicant in writing. The decision granting or
denying said application shall be mailed to the
13.04.050 Park and/or building permit— applicant.
Application. B. The City Manager,in granting the applica-
Any person applying for a permit hereunder tion, may impose reasonable requirements and
shall file an application for such permit with the conditions concerning the use of the park or
City Manager not less than fourteen days nor building by the applicant.
more than sixty days prior to the proposed use of C. The City Manager shall grant the applica-
said park and/or building. The City Manager, tion when the application contains information
where good cause is shown therefor, shall have showing that the number of persons expected at
the authority to consider any application here- the activity complies with the occupancy load of
under which is filed less than fourteen days the building and upon granting such permit may
348
` 13.04.070
�. impose reasonable requirements and conditions Council.A notice of appeal shall be filed with the
concerning the use of said building with respect City Clerk within five days of the City Manager's
to time and duration of use and number of per- mailing the notice of denial of the application for
sons allowed in the building. a permit. The City Council shall act upon the
D. The City Manager may grant the applica- appeal at its next meeting following receipt of
tion for a building other than that applied for notice of appeal and its decision shall be final.
with the consent of the applicant in the event that (Ord. 531 § 8, 1972)
a permit has already been issued for said building
or that the building does not meet the occupancy
load requirements. In the event that more than 13.04.090 Park and/or building permit—Fees
one application is received for one park or build- and deposit.
ing for use at the same time, the City Manager Upon the granting of a permit under this chap-
shall first act upon the application first received. ter, any fees or deposits required for the use of
E. The City Manager shall deny the applica- City personnel, building, equipment, and facili-
tion if he finds: ties shall be contained in said permit and said fees
1. That the proposed activity or use will or deposits shall be paid by the applicant within
unreasonably interfere, or detract from the pro- ten days of the receipt of said permit. If said fees
motion of the public health, welfare, safety and or deposits are not paid within said ten days,
recreation; then, in that event, the permit therefor issued
2. That the proposed activity or use is antici- shall be null and void:
pated to incite violence,crime or disorderly con- A. Building fees and charges have been estab-
duct; lished and are regulated by the type of organiza-
3. That the proposed activity or use will entail tion. or individual usage proposed by the
�– unusual, extraordinary, or burdensome expense application and such fees are subject to change as
or police operation by the.City; required by personnel or City costs;
4. That the City has scheduled an activity at
the same time and place as the activity proposed B. Building deposit fees are refundable upon
approval of the City Manager, providing no
by the applicant;
5. That the application reveals that the City damage arises from applicant's usage.(Ord.531§
has no park which will accommodate the activity 9, 1972)
of the applicant;
6. That the applicant refuses to agree in writ- 13.04.100 Park and/or building permit—
ing to comply with any and all conditions in the Liability.
.permit; Persons to whom an exclusive use permit has
7. That the applicant fails to file a timely been granted must agree in writing to hold the
application, unless waived in writing by the City City harmless and indemnify the City from any
Manager.
F. All denials for applications for permits and all liability for injury to persons or property
shall specify the grounds therefor. (Ord. 531 § 7, ocurring as a result of the activity sponsored by
1972) the permittee and said person shall be liable to
the City for any and all damage to parks, facili-
13.04.080 Park and/or building permit— ties, and buildings owned by the City, which
Appeal. results from•the activity of permittee or is caused
The applicant shall have the right to appeal the by any participant in said activity.(Ord.531§ 10,
denial of a permit by the City Manager to the City 1972)
349
13.04.110
13.04.110 Park and/or building permit— injure or impair the natural beauty or usefulness
Revocation. of any areas;
The City Manager shall have the authority to G. Climb any tree or walk, stand or sit upon
refuse a permit upon a finding that any use or any monuments, vases, fountains, railing,
activity is in violation of the provisions of this fences, or upon any other property not desig-
chapter,or any other ordinance of the City,or of nated or customarily used for such purposes;
any rule promulgated hereunder, or upon good H. Hunt, molest, harm, frighten, kill, trap,
cause shown. (Ord. 531 § 11, 1972) chase, tease, shoot or throw missiles at any ani-
mal,reptile,or bird;nor shall any person remove
or have in his possession the young of any wild
13.04.120 Use of park property. animal,or the eggs or nest or young of any reptile
No person in a park shall do any of the follow- or bird. Exception to the foregoing is made in
ing:
A. Wilfully mark, deface, disfigure, injure, that snakes known to be deadly poisonous,such
tamper with or displace or remove any buildings, as rattlesnakes, or other deadly reptiles may bekilled on sight;
bridges, tables, benches, fireplaces, railing, pav- I. Use any system for amplifying sounds,
ing or paving material,water lines or other public whether for speech or music or otherwise,unless
utilities or parts or appurtenances whatsoever, an exclusive use permit is first secured.(Ord. 531
either real or personal; § 12, 1972)
B. Litter, soil or defile restrooms. No person
over the age of six years shall use restrooms and 13.04.130 Behavior of persons.in parks.'
washrooms designed for the opposite sex; No person in a park shall do any of the follow-
C. Dig or remove any soil,rock,stones,trees, ing:
shrubs or plants, down timber or other wood or A. Bring to a park any alcoholic beverages,
materials, or make any excavation by tool, and no person may drink alcoholic beverages at
equipment,blasting or other means or agency. It any time in a park. Picknickers may bring to a
is unlawful to gather firewood or to collect within park, and drink, beer or wine with their picnic
the park any type of plant material for the pur- lunches,so long as they conduct themselves in an
pose of building a campfire; orderly manner;
D: Construct or erect any building or struc- B. Enter or remain in a park while under the
ture of whatever kind, whether permanent or influence of intoxicating liquor or any drug;
temporary in character,or run or string any pub- C. Have brought,or have in his possession,or
lic service utility into,upon or across such lands, set off,or otherwise cause to explode or discharge
except on special written permit issued under or burn, any firecrackers, torpedoes, rockets, or
this chapter, other fireworks or explosives of inflammable
E. Go upon any lawn or grass plot, where material, or discharge them or throw them into
prohibited by the parks and recreation depart- any such area from land or any highway adjacent
ment,and where such prohibition is indicated by thereto.This prohibition includes any substance,
proper and legible signs; compound, mixture or article that, in conjunc-
F. Damage, cut, carve, transplant or remove tion with any other substance or compound
any tree or plant, or injure the bark, or pick the would be dangerous from any of the foregoing
flowers or seeds of any tree or plant.Nor shall any standpoints;
person attach any rope, wire, or other contriv- D. No person having the control or care of
ance to any tree or plant. No person shall dig in, any dog shall suffer or permit such dog to enter or
or otherwise disturb any grass area,or in any way remain in a park,unless posted for such use,and
350
D
13.04.130
�. then only if it is led by a leash of suitable strength 13.04.140 Sanitation requirements.
not more than six feet in length; and the owner No person in a park shall do any of the follow-
and the attendant shall be responsible for any ing:
damage caused,in any event,by such dog,even if A. Throw, discharge or otherwise place or
on leash; cause to be placed in the waters of any fountain,
E. Lead,ride,drive, keep or let loose any ani- pond,lake,stream,bay or other body of water in
mal,reptile or fowl of any kind,without a permit or adjacent to any park or any tributary,stream,
to do so from the Director of parks and recrea- storm sewer or drain flowing into such waters,
tion; any substance, matter or thing, liquid or solid,
F. Make or kindle a fire for any purpose, which will or may result in the pollution of such
except at places provided for such purpose, waters;
unless prior special permission be obtained B. Dump,deposit or leave any bottles,broken
therefor from the Director; glass,ashes,paper,boxes,cans,refuse or trash on
.G. Enter an area posted as "Closed to the the grounds thereof.Such items shall be placed in
Public,"and no person shall use, or abet the use the proper receptacles where these are provided;
of, any area in violation of posted notices; and,where such receptacles are not provided,all
H. Play or bet at or against any game which is such rubbish or waste shall be carried away from
played, conducted, dealt, or carried on for the park by the person responsible for its pres-
money,chips,shell,credit or any other represen- ence, and properly disposed of elsewhere. (Ord.
tative of value, or maintain or exhibit any gam- 531 § 14, 1972)
bling table or other instrument of gambling or
gaming, or play any game prohibited by any 13.04.150 Vehicle requirements.
other ordinance of the City; No person in the park shall do any of the
I. Sleep, or protractedly lounge, on the seats, following:
benches, or other areas, or engage in loud, bois- A. Fail to comply with all applicable provi-
terous, threatening, abusive, insulting, or inde- sions of the Vehicle Code of the state in regard to
cent language, or engage in any disorderly equipment and operation of vehicles, together
conduct or behavior tending to a breach of the with such regulations as are contained in this
public peace; chapter and any other ordinances of the City
J. Use, carry, or possess firearms of any regulating traffic;
description, or air rifles, spring guns, bow and B. Fail to obey all traffic officers and park
arrows, slings or any other forms of weapons employees who are hereafter authorized and
potentially dangerous to wild life or to human instructed to direct traffic in the parks in accord-
safety. Shooting into park areas from beyond ance with the provisions of this chapter and such
park boundaries is prohibited; supplementary regulations as may be issued by
K. Solicit alms or contributions for any pur- the Director;
pose, whether public or private, without prior C. Fail to observe carefully all traffic signs
permission from the City Council; indicating speed, direction, caution, stopping or
L. Use or allow the use of powered model parking and all other signs posted for proper
airplanes except in areas so designated by the control and to safeguard life and property;
department of parks and recreation; D. Ride or drive a vehicle at a rate of speed
M. Play or practice golf or use golf clubs in exceeding fifteen miles an hour, except upon
any area of the park not designated for such use; such roads as the City may designate by posted
N. Indulge in riotous,boisterous,threatening signs for speedier travel;
or indecent conduct. (Ord. 531 § 13, 1972) E. Drive any vehicle on any area except paved
351
i
13.04.150
roads or parking areas,or such other areas as may 13.04.170 Picnic area use restrictions.
be specifically designated as temporary parking No person in a park shall do any of the follow-
areas by the department of parks and recreation; ing:
F. Park a vehicle in other than an established A. Picnic or lunch in a place other than one
or designated parking area,and such use shall be designated for that purpose. Attendants shall
in accordance with the posted directions there, have the authority to regulate the activities in
and with the instructions of any attendant who such areas,when necessary to prevent congestion
may be present; ' and to secure the maximum use of the park
G. Ride a motorcycle, motor bike, or similar facilities for the comfort and convenience of all.
vehicle in any park, except where used to trans- Visitors shall comply with any directions given to
port invalid persons; achieve this end. Individual fireplaces or tables
H. Ride a bicycle on other than a paved road and benches shall be used on the basis of"first
or path designated for that purpose. A bicyclist come, first served";
shall be permitted to wheel or push a bicycle by B. Use any portion of the picnic areas, or any
hand over any grassy area or wooded trail, or on of the park buildings or structures for the purpose
any paved area reserved for pedestrian use; of holding picnics, to the exclusion of other per-
I. Ride a bicycle other than on the righthand sons,and no person shall use such area and facili-
side of the road paving as close as conditions ties for an unreasonable length of time if they are
permit, and bicycles shall be kept in single file crowded;
when two or more are operating as a group. C. Leave a picnic area before a fire started or
Bicyclists shall at all times operate their machine later used by him is completely extinguished.
with reasonable regard to the safety of others, (Ord. 531 § 17, 1972)
signal all turns,pass to the left of any vehicle they
are overtaking and pass to the right of any vehi- 13.04.180 Advertising and sale restrictions.
cles they may be meeting; A. No person in a park shall, without prior
J. Ride any other person on a bicycle, except permission from the City Council,do any of the
where the bicycle is built for operation by more following:
than one person; 1. Expose or offer for sale any article or thing,
K. Leave a bicycle in a place other than a nor shall he station or place any stand, cart or
bicycle rack where a bicycle rack is provided and vehicle for the transportation, sale or display of
there is space available; any such article or thing;
L. Leave a bicycle lying on the ground or 2. Announce, advertise or call the public
paving, or set against trees, or in any place or attention in any way to any article or service for
position where other persons may trip over or be sale or hire;
injured by it. (Ord. 531 § 15, 1972) 3. Paste,glue,tack or otherwise post any sign,
placard, advertisement or inscription.
B. In addition, in order to insure the public
13.04.160 . Swimming restrictions. safety, health and general welfare, no person
No person in a park shall swim,bathe,wade in shall expose or offer for sale any article or thing,
or pollute the water of any fountain, pond, lake nor shall he station or place any stand, cart or
or stream, except that wading and swimming vehicle for the sale or display of any article or
shall be permitted in pools specifically provided thing, on a public street, within one thousand
for these purposes,and so posted.(Ord. 531§ 16, feet in a straight line from the nearest boundary
1972) of any park. (Ord. 531 § 18, 1972)
352
13.04.190
13.04.190 Closing hours—Prohibitions. City Council either by ordinance or resolution as
No person in a park shall do any of the follow- a nature and/or rural preserve,in which event it
ing: shall be used and treated in a manner consistent
A. Remain, stay or loiter in any public park, therewith.
between the hours of ten p.m.and six a.m.of the B. Uses shall be limited to those which will
following day,or as may otherwise be designated maintain and protect the ecology of the area,
by minute order or resolution of the City Coun- conserve the natural features and scenic values,
cil.The opening and closing hours for each indi- expand community awareness and understand-
vidual park shall be posted therein by the ing of natural history and the environment, and
department of parks and recreation for public provide enjoyment of the resources present con-
information; sistent with their preservation.
B. Set up tents or other temporary shelter for C. McClellan Ranch Park is designated a
the purpose of overnight camping, nor shall any nature and rural preserve.(Ord.710(part), 1975)
person park or leave in a park, after closing
hours, any vehicle or movable structure to be 13.04.202 Regulations and guidelines.
used, or that counld be used, for such purposes, The City Council shall by resolution adopt
such as a horse trailer, camp trailer, pickup regulations controlling the use and guidelines
camper, or the like; pertaining to the development of any part desig-
C. Park or leave in a park,after closing hours, nated as a nature and/or rural preserve.Any such
any vehicle. Signs shall be posted at all park regulations adopted by the City Council shall,
entrances to notify park visitors of the effects of where inconsistent therewith, take precedence
paragraph C of this section. (Ord. 754 § 1, 1976: over any general regulations contained in Chap-
Ord. 670 § 1, 1974;Ord. 531 § 19, 1972) ter 13.04. (Ord. 710(part), 1975)
13.04.191 Towing of vehicles remaining after 13.04.210 Lost articles.
closing hours. The finding of lost articles in.parks shall be
Any vehicle or movable structure left in a park reported to the department of parks and recrea-
after closing hours may be towed away to a public tion or the park department personnel on duty.
garage at the owner's expense. Signs shall be (Ord. 531 § 21, 1972)
posted at all park entrances to notify park visitors
of the effects of this section. (Ord. 752§ 1, 1976) 13.04.220 Administrative authority.
13.04.200 Closing sections of parks. There is conferred upon the City Manager
Any section or part of a park may be declared those powers and duties necessary for the admin-
closed to the public by the Director of parks and istration of this chapter.In addition,there is also
recreation at any time, and for any interval of conferred upon the City Manager the authority
time, either temporarily or at regular and stated and power to designate such City officers and
intervals(daily or otherwise), and either entirely employees as may be required to carry out the
or merely to'certain uses, as the Director may intent and purpose of this chapter.(Ord.531§22,
reasonably find necessary. (Ord. 531 § 20, 1972) 1972)
13.04.201 Nature and/or rural preserve. 13.04.230 Enforcement authority.
A. Any park characterized by such unique The parks foreman,all park attendants and/or
natural features that it is deemed a valuable and all peace officers authorized or directed by the
irreplaceable resource may be designated by the City shall be responsible for the enforcement of
353
13.04.230
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)
354
CITY OF CUPERTINO
INTERDEPARTMENTAL Date Nov. 22, 1989
To CITY CLERK From PUBLIC WORKS--SUMI
CI Information MESSAGE: AGREEMENT TO PURCHASE SIMMS PROPERTY (CC 11/20/89)
CI Implement
CI Investigate Transmitted for processing are three sets of the referenced
CI Discuss _ document. After signatures of city officials, ple sa e retuth—',
I See me - - -- ---- --- -- - - _
all copies t.o-fh s� office for�coo.rdinat ori'o`fltlie-purchase
Reply ---- --�-�_�_ _ ------ - -- ----�_,
process;=_s.uch_ as opening of escrow;`etc
sm
attach.
fes; S
Reply:
SIGNED: DATE
Send parts 1 and 2; retain part 3 .for follow-up; part 2 to be returned with reply
v
1
RESOLUTION NO. 7982
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AGREEMENT FCR PURCHASE OF REAL PROPERTY
SIMMS PROPERZ Y ON MCCLELLAN ROAD
WHEREAS, the City Council previously approved the purchase of the
Sims Property luted north of McClellan Road adjacent to the City's
McClellan Ranch Park on the west side of Stevens Creek; and
SEAS, said acquisition is in accordance with the City's General
Plan Open Space element; and
WHEREAS, there has been presented to the City Council a proposed
agreement providing for the purchase of said real property; and
MEREAS, the terms and conditions of said agreement have been reviewed
and approved by the Director of Public Works and the City Attorney;
NOW, MMMM, BE IT RESOLVED, that the City Council of the City of
Cupertino herby approves said agreement and authorizes the Mayor and the
City Clerk to execute said agreement in behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 20th day of November 1989 by the
following vote:
Vote Members of the City Council
AYES: Goldman, Koppel, Sorensen, Szabo, Rogers
NOES: None
ABSENT: None
ABS4=: None
ATTEST: APPROVED:
/s/ Dorothy Cornelius /s/ Barbara A. Rogers
City Clerk Mayor, City of Cupertino
AGREEMENT FOR PURCHASE OF REAL PROPERTY
UNDER THREAT OF CONDEMNATION
THIS IS AN AGREEMENT between the City of Cupertino ,
California referred to herein as "City" , and the Estate of
Clifford J. Simms , Sr. , Deceased, referred to herein as "Simms" .
IT IS AGREED between the parties as follows:
1 . Description of Property: In lieu of condemnation, the
City agrees to purchase and Simms agrees to sell all, except as
otherwise indicated herein, of that certain real property
situated in the County of Santa Clara, City of Cupertino,
generally described as APN 357-6-12, more particularly described
in Exhibit A hereto, referred to herein as the "Property" .
2. Purchase Price: The purchase price for the Property
shall be One Million One Hundred and Fifty Thousand Dollars
($1 , 150, 000. 00) , to be paid into escrow at least five (5) days
prior to closing thereof.
3. Escrow: This transaction shall be handled through an
escrow with Valley Title Company, 300 South First Street, San
Jose, California, under an escrow number to be assigned. Escrow
shall close no later than December 18 , 1989 , or this agreement
shall automatically terminate, time being of the essence. Escrow
shall open by no later than November 239 1989 .
4. Allocations of Costs : Documentary stamps on the Grant
Deed and the premiums for the policy of title insurance and
escrow fees shall be paid by Simms . The cost of recording the
Grant Deed shall be paid by the City. Rents , taxes, interest and
other expenses of the property shall be prorated as of the date
of close of escrow.
5 . Evidence of Title: Evidence of title shall be in the
form of a C.T .L.A. policy of title insurance .
6. Conditions of Sale: It is expressly understood and
agreed that this transaction is subject to the following
conditions :
(a) Reserved Buildable Lot. There shall be reserved
by Simms from the Property described in Exhibit A one ( 1 )
buildable lot, with two (2) curb-cuts onto Scenic Boulevard,
which lot shall be excluded from this sale . Said "buildable lot"
s
a
shall be of the approximate size and location delineated in red
on the Map attached hereto as Exhibit B, which shall be more
particularly described before close of escrow by a survey
provided by City, and shall be duly subdivided by the City from
the Property being sold hereby at the City' s expense and the
Final Map recorded within 120 days of close of escrow.
(b) Soil Tests . Simms hereby discloses to the City
that the Property was used as a tractor yard, and that
underground and above-ground fuel tanks have previously been
stored and used on the Property, and that from time to time
herbicides and other chemicals used by the Simms in their weed-
abatement business have been stored on the Property. Simms
represents that it has no knowledge or information of or
regarding any toxic contamination of the Property, and Simms
covenants to notify City if Simms obtains actual knowledge of
some fact or circumstance which renders said representations
untrue prior to close of escrow. Upon execution of this
agreement, the City shall have, the right, at its own expense, to
go upon the Property at reasonable times and upon reasonable
notice to conduct reasonable soil tests , water monitoring tests
and an environmental compliance audit, to ascertain whether the
Property is suitable for the use and/or improvements that the
.City proposes to make . The City shall be responsible for the
repair and restoration of any damage which may be caused by such
tests. The City shall provide Simms at no cost with copies of
all test results , studies, reports and other information
resulting from said tests and audits . If, in the reasonable
opinion of the soil engineer and/or other experts employed by the
City, acting in good faith, the Property is not suitable, because
of toxic contamination, for the proposed use and/or development
planned by the City, then at the option of either party this
agreement may be terminated and any deposits shall be refunded.
The City shall have 45 days from date of opening of escrow within
which to complete all such tests , audits and reports relating to
the Property and to notify Simms in writing of its election to
terminate this agreement on the grounds the Property is not
suitable because of toxic contamination. Failure of the City to
give such a notice within the time indicated shall be deemed to
be a waiver of this condition. City is acquiring the Property
"As is" , based solely on its own investigation of, and
determination of the condition of, the Property.
( c) Examination of Title . Fifteen (15 ) calendar days
from date of acceptance hereof are allowed the City to examine
the title to the property and to report in writing any valid
objections thereto. Any objections to the title which would be
disclosed by examination of the records shall be deemed to have
been accepted unless reported in writing within said fifteen
( 15 ) calendar days . If the City objects to any exceptions to the
title, Simms shall proceed with due diligence to remove such
exceptions at Simms own expense before close of escrow, except
2
a
that should it appear before close of escrow that such expenses
would exceed $5000. 00, Simms shall have the further option to
terminate this agreement. In any event, if such exceptions cannot
be removed before close of escrow, dispite Simms ' reasonable
attempts to do so , at the election of either party hereto, all
rights and obligations hereunder shall terminate .and any deposits
shall be returned to the City. Both parties shall cooperate in
taking reasonable steps to remove exceptions to the title . To the
extent reasonably possible , this provision shall be kept
confidential so as to .enable Simms to remove such exceptions at
the lowest possible cost. Escrow shall close no later than
December 22, 1989.
7. Encumbrances, Taxes and Assessments : The City shall take
title to the Property subject to i real estate taxes not yet
due, and (ii) encumbrances, conditions, restrictions , rights of
way and easements of record which do not materially affect the
value or intended use of the Property. Any assessments and/or
improvement bonds in existence prior to the date of close of
escrow shall be paid by Simms, except that any assessments and/or
improvement bonds payable in installments shall be pro-rated as
of close of escrow,
8. McClellan Road Construction License: The Property sold
hereunder, and the price being paid therefor, expressly include,
without limitation, that strip of land contingent to McClellan
Road, being a portion of the Property, which is the subject of
that certain Temporary Construction License, dated October 13,
1988, whereby Marion Simms Hart, as Conservator of the Estate of
Clifford J. Simms , Sr. , granted to the City the right to enter
upon the Property for purposes of constructing improvements on
said strip of land, including but not limited to driveways,
curbs, landscaping and irrigation, and drainage inlets . In the
event the purchase and sale in lieu of condemnation contemplated
by this agreement is not completed, the City shall be indebted to
Simms for all damages suffered by Simms from the taking of said
strip of land .
9. Lease Warranty: Simms warrants that there are no oral or
written leases on all or any portion of the Property exceeding a
period of month-to-month.
10. Time of Essence : Time is of the essence as to each and
every provision and condition of this agreement.
11 . Approval by Court: This agreement is contingent upon the
approval of this sale, at least five ( 5) days prior to close of
escrow, by the Santa Clara County, California Superior Court,
having jurisdiction over the Estate of Clifford J. Simms , Sr. ,
Decedent.
3
�M1
l+
4
12. Possession: Subject to the terms of the Temporary
Construction License between the parties dated October 13 , 1988 ,
Simms shall retain possession of the Property up to and including
the date of recording of the Grant Deed conveying title to the
Property to the City. Simms shall be entitled to all rents from
the Property up to and including the date of transfer of title .
All rents collected by Simms applicable to any period after the
date of transfer shall be paid to City. Either party to this
agreement receiving rents to which the other party is entitled
shall forthwith pay that amount to the other as is necessary to
comply with the provisions of this paragraph. In no event,
however, shall the City be responsible for collection of rents
applicable to the period up to and including the date of transfer
of title.
13 . Entire Agreement: This agreement expresses the entire
agreement by and between Simms and the City. If either party to
this agreement shall institute any legal action against the other
party to this agreement, the prevailing party shall be entitled
to reasonable attorneys fees and costs in addition to any other
judgment of the Court.
IN WITNESS WHEREOF, City has executed this agreement as of
1989.
CITY OFC PERTINO
A4
by /�,, a7��
Mayor, City. of r
tino
Cit Clerk
AFCEPTED VAND AGREED: APP V As TO F 'RM:
DATED: ;a �o.,rN-,r� tZ :2�� ,1989 • 'Cl ,� e✓
ity Attorney
arion Simms Hart
as Co-Executors of the Will and Estate of Clifford J. Simms , Sr. ,
Decedent
63/7563AGR .KO3
4
a
CITY OF CUPERTINO
LEASE AND CARETAKER AGREEMENT
FOR SIMMS HOUSE IN MCC EE TM RANCH PARK
This Lease and Caretaker Agreement (11AGREQV1ENT11) is made by and between
the City of Cupertino ("CITY") and Innovative Housing, Inc. ("LESSEE")..
The building to be leased by this AGREEMENT is coimonly known as the
"Simms House", and more particularly described as 22241 McClellan Road,
McClellan Ranch Park, City of Cupertino, County of Santa Clara, State of
California, (the "BUILDING") .
This AGREEMENT is entered for the purpose of making available for lease of
a building owned by CITY on the condition that: (1) the residents of the
BUILDING qualify under the State of California and Federal Income Limits of
very low or low-income persons, and (2) that LESSEE is responsible for
Caretaking duties of the BUILDING site as set forth in the terms of this
AG ENT.
CITY AND LESSEE AGREE AS FOLLOWS:
1. LEASE TERM: The lease of the BUILDING shall continence on August 1, 1991
and end two years later, on July 31, 1993, at which time the lease may be
renegotiated after evaluation by the CITY.
2. RENT: Rent shall be $900.00 per Month payable in advance on the 15th day
of each calendar month. LESSEE shall pay rent to CITY at 10300 Torre Avenue,
Cupertino, California, Attention Finance Director, Room 101. In the event rent
is not paid within 10 days after the due date, rent is deemed late and
delinquent and a late charge of $20.00 plus interest at the rate of 10% per
annum on the delinquent amount shall be assessed. LESSEE further agrees to pay
$20..00 for each dishonored bank check.
3. SECURITY DEPOSIT: A security deposit in the amount of $225.00, not
applicable toward the last month's rental payment, shall be due and payable on
the 15th day of July, 1991.
4. UTILITIES: LESSEE shall be responsible for the payment of all utility
bills applicable to the BUILDING during the term of this lease.
5. TENANTS: LESSEE will be responsible for screening prospective tenants and
assuring that each tenant allowed to reside in the BUILDING qualifies under the
State and Federal Income Limits of very low or low income. Further, LESSEE
will give preference to persons who live, work, go to school or have families
in the City of Cupertino. Guests shall not be allowed to stay in the BUILDING
more than five (5) days without first obtaining the written consent of CITY.
6. SUBLETTING AND ASSICNMENT: LESSEE shall not assign, sublet or
transfer this lease or any portion thereof. Any attempt to assign,
sublet, or transfer shall be void and shall grant CITY grounds for
terminating this lease.
7. INSURANCE: LESSEE shall maintain insurance as outlined in the
Insurance and Indemnity Requirements, as set forth in Exhibit "B",
attached hereto and incorporated herein by this reference.
8. ANIMALS: No animals shall reside in, or on the site of, the
BUILDING without prior written consent from CITY.
9. ORDINANCES AND SMVQT 'S: Tenant(s) shall comply with
Cupertino's Municipal Code and all State and Federal Statutes and
Ordinances now in force, or which may hereafter be in force,
pertaining to the use of the BUILDING and McClellan Ranch Park.
10. MAINTENANCE AND REPAIRS: Tenant(s) shall, at their own expense,
maintain the BUILDING in a clean and sanitary manner, including all
equipment, appliances, and furnishings therein and shall surrender
the BUILDING, upon the termination of this AGREEMENT, in as good
condition as received, except for normal wear and tear. Tenant(s)
shall be fully responsible for damages caused by their negligence and
that of their family, invitees or guests. Tenant(s) shall not paint,
paper, or make alterations to the BUILDING without prior written
consent from CITY. Tenant(s) shall maintain any surrounding grounds,
which are part of the BUILDING site and are for the exclusive use of
Tenant(s) , including any lawn, ground cover, and shrubbery and keep
such grounds clear of rubbish and weeds. The lawn or other ground
cover may be located within a fenced area, not to exceed 30 feet by
30 feet, behind the BUILDING, and contain landscaping which is
natural as possible, to be compatible with the surrounding park
environment.
11. INDEMNIFICATION: CITY shall not be liable for any damage or
injury to Tenant(s) , or any other person, or to any property,
occurring in the BUILDING or on any part of the BUILDING site, and
Tenant(s) agree to hold CITY harmless from any claims for damages,
unless such damage is the proximate result of negligence or unlawful
conduct of CITY, its agents or employees.
12. ENTRY AND INSPECTION: CITY shall have the right to enter the
BUILDING, during normal business hours upon a 24 hour prior notice to
Tenant(s) , to inspect, make necessary or agreed on repairs or
alterations, supply necessary or agreed on services or to provide
access for necessary or agreed on service people or contractors.
13. CARETAKER DUTIES: As Caretaker(s) of the BUILDING and the
surrounding grounds, Tenant(s) promise to do the following:
(a) obtain training from the City's Naturalist and become
familiar with the McClellan Ranch Park rules and Chapter 13 of the
Cupertino Municipal Code, which governs the use of parks and
buildings of CITY. Periodically check the BUILDING and the
surrounding 3.1 acres and report to CITY'S code enforcement any
violations of the above referenced regulations found by Tenant(s) (a
copy of Cupertino Municipal Code, Chapter 13, is attached hereto as
Exhibit "C") ;
(b) notify the CITY'S Parks and Recreation office prior to any
absence from the BUILDING for any extended period of time;
(c) keep the access gate open during daylight hours and closed
at all other times;
(d) report incidents, such as park misuse and vandalism, and any
emergencies, such as burglaries, to the McClellan Ranch Caretaker.
If the McClellan Ranch Caretaker is unavailable, contact the
Sheriff's office. In the event the Sheriff's office is involved,
report the incident to the Director of Parks and Recreation. (CITY
will furnish LESSEE with a list of contact numbers prior to occupancy
of the BUILDING.)
14. RE uRN OF KEYS: Upon termination of this AGRM=, the keys to
the BUILDING, including all duplicated sets, are to be hand delivered
to CITY'S Parks and Recreation Director or an authorized
representative.
15. HOLDING OVER: Any holding over after the expiration of the
lease term, with the written consent of CITY, shall be construed as a
Month-to-Month tenancy in accordance with the terms of this
AGREEMENT, until either party terminates the tenancy by giving the
other party thirty (30) days written notice delivered by certified
mail.
16. GROUNDS FOR TERMINATION: CITY retains the right to terminate
this AGREEMENT upon any breach by LESSEE and/or Tenant(s) of any
material term, provision, covenant or condition contained herein.
17. SEVERABILITY: If any term, provision, covenant or condition of
this AGREEMENT is held by a court to be invalid, void or
unenforceable, the rest of the AGREEMENT shall remain in full force
and effect and shall in no way be affected, impaired or invalidated.
18. WAIVER: The failure of CITY to exercise any right hereunder
shall not constitute waiver of such right.
19. ARBITRATION: In the event any dispute arises between CITY and
LESSEE and/or Tenant(s) regarding their respective rights and
obligations under this AGREEMENT! such dispute shall be submitted to
binding arbitration.
20. ATTORNEYS' FEES: If legal action is cmwx ced to enforce or to
declare the effect of any provision of this AGREEMENT, the prevailing
party shall be awarded attorneys' fees and costs incurred in such
action.
21. TIME: Tine is of the essence of this AGREEMENT.
22. E IFBITS: All exhibits hereto, specifically Exhibit "A" Project
Proposal Cover Page, Exhibit "B" Insurance and Indemnity Requirements
with Certificate of Insurance, and Exhibit 090" Chapter 13 of
Cupertino's Municipal Code are incorporated herein and made part of
this AGREEMENT by this reference.
23. ENTIRE AGREEMENT: This AGREEMENT, consisting of four (4) pages,
constitutes the entire AGREEMENT and supersedes any prior agreement
between the parties hereto.
LESSEE has executed this lease and Caretaker A Bement for Simms
House in McClellan Ranch Park on this day of la , 1991.
By: o
JoDthi STEINER
InWovative Housing, Inc.
CITY has executed this lease and Caretaker Agreement for Simms
House in McClellan Ranch Park on this�"�<day of , 1991.
By
NAID #.- BROWN
City Manager
Attested By: /
CITY
Approved as to form:
CITY ATTORNEY
Attachments:
Exhibit A - Project Proposal Cover Page
Exhibit B - Insurance and Indemnity Requirements
Exhibit C - Cupertino Municipal Code, Chapter 13
EXHIBIT A
CITY OF CUPERTINO
PROJECT PROPOSAL COVER PAGE
APPLICANT ORGANIZATION
NAME Innovative Housing
ADDRESS 457 Kingsley Avenue
Palo Alto, CA 94301
AGENCY DIRECTOR:
NAME: Judith Steiner
TITLE: Director PHONE NO. (415) 327-5377
SIGNATURE
PROJECT NAME: Park Custodial Services for Simms House
AMOUNT OF CUPERTINO FUNDS REQUESTED:
AMOUNT OF COUNTY COMPETITIVE POOL CDBG FUNDS REQUESTED:
OTHER FUNDS REQUESTED OR ANTICIPATED:
TOTAL PROJECT BUDGET $_
PROJECT
DESCRIPTION:
Innovative Housing (IH) will provide shared housing for single parent
families in. a house leased from the City of Cupertino (the Simms House
at McClellan Ranch Park) and wj 11 be resp anGihl e for park r,jctnrli al
--services as outlined in the .Agreement. . ..
Innovative Housing will screen, train and counsel prospective residents
whose incomes shall not exceed state and federal guidelines for low
income. Prospective residents will be referred to . IH by local agencies
such as Cupertino Community Services, many of whose clients have housing
difficulties. IH will form a compatible household through its workshops
and train residents in living skills and nark custodial r sponsibil;ries.
IH will provide extensive supportive services for the household and for
in 1vidual residents. Preference will be given to prospective residents
who live, work, go to school, or have families in Cupertino. IH will make
approPr atg referrals to other, hong ngagencies when IH has no openings.
EXHIBIT B
Insurance and Indemnity Requirements
Indemnity: Corporation agrees to indemnify and hold harmless
the City of Cupertino, its officers, employees and elected officials,
boards and commissions from all suits, actions, claims, causes of
action, costs, demands, judgments and liens arising out of the
Corporation's performance under the AGREEMENT, including the
Corporation's failure to comply with or carry out any of the
provisions of the AGREEMENT.
Insurance: Corporation shall take out prior to comwxcement of
the performance of the terms of the AGREEMENT, pay for, and maintain
until ccmnpletion of the AGREEMENT, the following types of Policies.
These Policies must cover at least the following, which are minumum
coverages and limits.
I. Comprehensive General Liability Insurance; including the
following:
A. Premises Operations (including completed operations, if
the exposure exists) .
B. Broad Form Blanket Contractual.
C. Personal Injury coverages A, B and C.
1. All coverages must have a minumum of $500,000
combined single limit.
II. Comprehensive Auto Policy to cover:
A. Non-owned.
B. Hired Auto.
1. These coverages must have a mimmfmn of $500,000
combined single limit for bodily injury and property damages.
III. Errors or Omissions coverage for attorneys and paralegals
with a minumum limit of $500,000 per occurrence combined single limit
with no more than $1,000 deductible per occurrence (where scope of
services provides for attorneys and paralegals.)
IV. Medical Malpractice Insurance: Mi_ninum limits of $500,000
per occurrence with no greater deductible than $1,000 per
occurrence. This is to cover all medical staff associated with the
Corporation, such as, but not limited to, doctors, nurses, and
paramedicals, (where scope of services provides for medical staff.)
V. Workers Ccmmensation: Coverage with the statutory limit of
liability and $1,000,000 employer's liability.
Endorsements: On all required insurance the follawina
endorsements must be a part of each policy.
A. The City of Cupertino, its officers and employees, and
agents are to be additional insured.
B. Thirty (30) days notice of cancellation or reduction in
coverage of any nature must be given to the City of Cupertino.
C. The insurance policies must be endorsed to show that
they are primary, and any other valid and collectible insurance the
City of Cupertino may have will be excess only.
D. All insurance policies must be satisfactory to the City
of Cupertino.
marilyn\misc\simms
CERTIFICATE OF INSURANCE ISSUE DATE(MM/DDlYY)
4/4/91
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
Whitney & Baird CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
350 Sansome St. , #600 POLICIES BELOW.
San Francisco, CA 94104 COMPANIES AFFORDING COVERAGE
(415)781-1965 COMPANY
i LETTER A Nonprofits Insurance Alliance of CA
COMPANY B Transamerica Fairmont Insurance CO.
INSURED i LETTER
Innovative Housing for LETTER `,
Community, A CA Nonprofit Corp;......... -_.,..----- ,......,. _.
2169 E. Francisco Ste. E. COMPANY D
LETTER
San Rafael, CA 94901
COMPANY E
LETTER
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I
COTYPE OF INSURANCE POLICY NUMBER 1 POLICY EFFECTIVE POLICY EXPIRATION! LIMITS
LTR' ; DATE(MM/DD/YY) I DATE(MM/DD/YY)
GENERAL LIABILITY I GENERAL AGGREGATE $ 1 000 000
A X COMMERCIAL GENERAL LIABILITY ? PRODUCTS-COMP/OP AGG $ 1,000,000
CLAIMS MADE. X ;OCCUR.' N901-1171 7/13/90 I 7/13/91 -PERSONAL&ADV INJURY ;$ 1 000.,000
OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ 1,000,000.
FI AGE(Any one fire) $
RE DAM 100,,000 .
MED.EXPENSE(Any one person):$
AUTOMOBILE LIABILITY COMBINED SINGLE
ANY AUTO LIMIT 1,000,000
ALL OWNED AUTOS BODILY INJURY $
SCHEDULED AUTOS (Per person)
A X,HIRED AUTOS N90-1171 7/13/90 7/13/91 BODILY INJURY $
X!NON-OWNED AUTOS (Per accident)
GARAGE LIABILITY
'PROPERTY DAMAGE ?$
EXCESS LIABILITY EACH OCCURRENCE $
UMBRELLA FORM ? (AGGREGATE $
OTHER
THAN UMBRELLA FORM^
X I STATUTORY LIMITS
WORKER'S COMPENSATION I
B AND 80560768 2/17/91 2/17
/92 EACH ACCIDENT i$1 ,000,000
7 tDI,
SEASE—POLICY LIMIT ;$11000,000
EMPLOYERS'LIABILITY ` DISEASE—EACH EMPLOYEE .$1,000,000
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Below named Certificate Holder is Additional Insured
as respects their interest as lessor of the house at 22241 McClellan, Cupertino, CA 95014.
It is understood that that Policy A is Primary and the cancellation clause is amended to show
the City of Cupertino will be notified of any decrease in coverage within 30 da s.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF CUPERTINO, ITS OFFICERS, EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
EMPLOYEES AND AGENTS MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
10300 TORRE AVE. LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
CUPERTINO, CA 95014 AUTHORIZED RESE�NTA�TIV�E
ACORD 257S (7/90) _ c C RD COR ORATION 1990
13.04.010
___.. Chapter 13.04 use of the parks and recreation buildings of the
City in order that all persons may enjoy and
GENERAL REGULATIONS make use of such parks and buildings and to
protect the rights of those in the surrounding
Sections: areas. (Ord. 531 § 1, 1972)
13.04.010 Purpose.
13.04.020 Definitions.
13.04.030 Compliance required. 13.04.020 Definitions.
13.04.040 Park and/or building permit— The following words and phrases, whenever
used in this chapter,shall be construed as defined
Required.
13.04.050 Park and/or building permit— in this section:
Application. A. "Buildings" includes those buildings, or
13.04.060 Park and/or building permit— any portion thereof,under the supervision of the
Contents. parks and recreation department made available
13.04.070 Park and/or building permit— to exclusive use permittees.
Granting or denial. B. "City" means the City of Cupertino.
13.04.080. Park and/or building permit— C. "City Manager" means the City Manager
Appeal. of the City of Cupertino.
13.04.090 Park and/or building permit— D. "Park" means a park, reservation, play-
Fees and deposit. ground,swimming pool,recreation center or any
13.04.100 Park and/or building permit— other area in the City,owned or used by the City
Liability. or county and devoted to active or passive recrea-
13.04.110 Park and/or building permit— tions.
Revocation. E. "Permit"means a permit for exclusive use
13.04.120 Use of park property. of parks or buildings as provided for and defined
13.04.130 Behavior of persons in parks. in this chapter.
13.04.140 Sanitation requirements. F. "Persons" include persons, associations,
13.04.150 Vehicle requirements. partnerships, firms and corporations, or any
13.04.160 Swimming restrictions. company organization of any kind.
13.04.170 Picnic area use restrictions. G. "Sound amplifying equipment" means
13.04.180 Advertising and sale any machine or device for the amplification of
restrictions. the human voice, music, or any other sound.
13.04.190 Closing hours—Prohibitions. "Sound amplifying equipment" does not
13.04.191 Towing of vehicles remaining include standard automobile radios when used
after closing hours. and heard only by the occupants of the vehicle in
13.04.200 Closing sections of parks. which the automobile radio is installed. "Sound
13.04.201 Nature and/or rural preserve. amplifying equipment," as used in this section,
13.04.202 Regulations and guidelines. does not include warning devices on authorized
13.04.210 Lost articles. emergency vehicles or horns or other warning
13.04.220 Administrative authority. devices of any vehicle used only for traffic safety
13.04.230 Enforcement authority. purposes.
13.04.240 Violation—Penalty. H. "Vehicle" means any wheeled con-
veyance, whether motor-powered, animal-
13.04.010 Purpose. drawn, or self-propelled. The term includes any
The purpose of this chapter is to regulate the trailer in tow of any size, kind or description.
347
13.04.020
Exception is made for baby carriages, wheel- before the date such proposed activity is to be
chairs, and vehicles in the service of the City conducted. (Ord. 531 § 5, 1972)
parks.
I. "Nature and/or rural preserve" means a 13.04.060 Park and/or building permit—
park so designated by the City Council pursuant Contents.
to Section 13.04.201.(Ord.710(part), 1975;Ord. The application shall contain the following:
531 § 2, 1972) 1 A. Name of the applicant, the sponsoring
organization, and the name of the person in
13.04.030 Compliance required. charge of the proposed activity;
No person shall enter, be, or remain in any B. The addresses and telephone numbers of
park or building of the City unless he complies those named in subsection A. above;
with all of the regulations set forth in this chapter C. The park and/or building, or room being
applicable to such park or building.(Ord.531§3, applied for;
1972) D. The starting time of the proposed activity;
E. The finishing time ofthe proposed activity;
13.04.040 Park and/or building permit— F. The number of persons expected;
Required. G. Additional City facilities requested, such
The City's parks and/or buildings shall be as personnel, tables, chairs, etc.;
made available for the exclusive use of persons H. The nature of the proposed activity or
and groups subject to the issuance of a permit by activities including equipment and vehicles to be
the City Manager. No exclusive use of any park brought into the park,nature and duration of the
and/or buildings for pre-advertised assemblies or use of any amplified sound, whether speech or
groups may be made without.the issuance of a music;
permit therefor.All applications for exclusive use I. The form of application shall be provided
must be signed or cosigned by an adult, which or prescribed by the parks and recreation depart-
adult shall agree to be responsible for said ment. (Ord. 531 § 6, 1972)
exclusive use. No exclusive use permit will be
granted if, prior to the time the application was 13.04.070 Park and/or building permit—
filed, the City has scheduled a City-sponsored Granting or denial.
event at the same time and place as the activity A. The City Manager shall grant or deny such
proposed in the application.,if the requested time application on or before four days after the filing
and place has been pre-empted by a previously of the application unless the time for such grant-
issued permit, or if cause for denial is found to ing or denial of the permit has been waived by the
exist. (Ord. 531 § 4, 1972) applicant in writing. The decision granting or
denying said application shall be mailed to the
13.04.050 Park and/or building permit— applicant.
Application. . , B. The City Manager,in granting the applica-
Any person applying for a permit hereunder tion, may impose reasonable requirements and
shall file an application for such permit with the conditions concerning the use of the park or
City Manager not less than fourteen days nor building by the applicant.
more than sixty days prior to the proposed use of C. The City Manager shall grant the applica-
said park and/or building. The City Manager, tion when the application contains information
where good cause is shown therefor, shall have showing that the number of persons expected at
the authority to consider any application here- the activity complies with the occupancy load of
under which is filed less than fourteen days the building and upon granting such permit may
348
13.04.070
impose reasonable requirements and conditions Council.A notice of appeal shall be filed with the
concerning the use of said building with respect City Clerk within five days of the City Manager's
to time and duration of use and number of per- mailing the notice of denial of the application for
sons allowed in the building. a permit. The City Council shall act upon the
D. The City Manager may grant the applica- appeal at its next meeting following receipt of
tion for a building other than that applied for notice of appeal and its decision shall be final.
with the consent of the applicant in the event that (Ord. 531 § 8, 1972)
a permit has already been issued for said building
or that the building does not meet the occupancy
load requirements. In the event that more than 13.04.090 Park and/or building permit—Fees
one application is received for one park or build- and deposit.
ing for use at the same time, the City Manager Upon the granting of a permit under this chap-
shall first act upon the application first received. ter, any fees or deposits required for the use of
E. The City Manager shall deny the applica- City personnel, building, equipment, and facili-
tion if he finds: ties shall be contained in said permit and said fees
1. That the proposed activity or use will or deposits shall be paid by the applicant within
unreasonably interfere, or detract from the pro- ten days of the receipt of said permit. If said fees
motion of the public health, welfare, safety and or deposits are not paid within said ten days,
recreation; then, in that event, the permit therefor issued
2. That the proposed activity or use is antici- shall be null and void:
pated to incite violence, crime or disorderly con- A. Building fees and charges have been estab-
duct;
3. That the proposed activity or use will entail lished and are regulated by the type of organiza-
unusual, extraordinary, or burdensome expense tion or individual usage proposed by the
or police operation by the City; application and such fees are subject to change as
4. That the City has scheduled an activity at required by personnel or City costs;
the same time and place as the activity proposed B. Building deposit fees are refundable upon
by the applicant; approval of the City Manager, providing no
5. That the application reveals that the City damage arises from applicant's usage.(Ord.531§
has no park which will accommodate the activity 9, 1972)
of the applicant;
6. That the applicant refuses to agree in writ- 13.04.100 Park and/or building permit—
ing to comply with any and all conditions in the Liability.
permit; Persons to whom an exclusive use permit has
7. That the applicant fails to file a timely
application, unless waived in writing by the City been granted must agree in writing to hold the
Manager. City harmless and indemnify the City from any
F. All denials for applications for permits and all liability for injury to persons or property
shall specify the grounds therefor. (Ord. 531 § 7, ocurring as a result of the activity sponsored by
1972) the permittee and said person shall be liable to
the City for any and all damage to parks, facili-
13.04.080 Park and/or building permit— ties, and buildings owned by the City, which
Appeal. results from the activity of permittee or is caused
The applicant shall have the right to appeal the by any participant in said activity.(Ord.531§ 10,
denial of a permit by the City Manager to the City 1972)
349
13.04.110
13.04.110 Park and/or building permit— injure or impair the natural beauty or usefulness
Revocation. of any areas;
The City Manager shall have the authority to G. Climb any tree or walk, stand or sit upon
refuse a permit upon a finding that any use or any monuments, vases, fountains, railing,
activity is in violation of the provisions of this fences, or upon any other property not desig-
chapter,or any other ordinance of the City,or of nated or customarily used for such purposes;
any rule promulgated hereunder, or upon good H. Hunt, molest, harm, frighten, kill, trap,
cause shown. (Ord. 531 § 11, 1972) chase, tease, shoot or throw missiles at any ani-
mal,reptile,or bird;nor shall any person remove
or have in his possession the young of any wild
13.04.120 Use of park property. animal,or the eggs or nest or young of any reptile
No person in a park shall do any of the follow- or bird. Exception to the foregoing is made in
ing: that snakes known to be deadly poisonous, such
A. Wilfully mark, deface, disfigure, injure, as rattlesnakes, or other deadly reptiles may be
tamper with or displace or remove any buildings, killed on sight;
bridges, tables, benches, fireplaces, railing, pav- I. Use any system for amplifying sounds,
ing or paving material,water lines or other public whether for speech or music or otherwise,unless
utilities or parts or appurtenances whatsoever, an exclusive use permit is first secured.(Ord. 531
either real or personal; § 12, 1972)
B. Litter, soil or defile restrooms. No person
over the age of six years shall use restrooms and 13.04.130 Behavior of persons in parks.
washrooms designed for the opposite sex; No person in a park shall do any of the follow-
C. Dig or remove any soil,rock,stones,trees, ing:
shrubs or plants, down timber or other wood or A. Bring to a park any alcoholic beverages,
materials, or make any excavation by tool, and no person may drink alcoholic beverages at
equipment,blasting or other means or agency. It any time in a park. Picknickers may bring to a
is unlawful to gather firewood or to collect within park, and drink, beer or wine with their picnic
the park any type of plant material for the pur- lunches,so long as they conduct themselves in an
pose of building a campfire; orderly manner;
D. Construct or erect any building or struc- B. Enter or remain in a park while under the
ture of whatever kind, whether permanent or influence of intoxicating liquor or any drug;
temporary in character,or run or string any pub- C. Have brought,or have in his possession,or
lie service utility into,upon or across such lands, set off,or otherwise cause to explode or discharge
except on special written permit issued under or burn, any firecrackers, torpedoes, rockets, or
this chapter; other fireworks or explosives of inflammable
E. Go upon any lawn or grass plot, where material, or discharge them or throw them into
prohibited'by the parks and recreation depart- any such area from land or any highway adjacent
ment,and where such prohibition is indicated by thereto.This prohibition includes any substance,
proper and legible signs; compound, mixture or article that, in conjunc-
F. Damage,.cut, carve, transplant or remove tion with any other substance or compound
any tree or plant, or injure the bark, or pick the would be dangerous from any of the foregoing
flowers or seeds of any tree or plant.Nor shall any standpoints;
person attach any rope, wire, or other contriv- D. No person having the control or care of
ance to any tree or plant. No person shall dig in, any dog shall suffer or permit such dog to enter or
or otherwise disturb any grass area,or in any way remain in a park,unless posted for such use,and
350
13.04.130
_ then only if it is led by a leash of suitable strength 13.04.140 Sanitation requirements.
not more than six feet in length; and the owner No person in a park shall do any of the follow-
and the attendant shall be responsible for any ing:
damage caused,in any event,by such dog,even if A. Throw, discharge or otherwise place or
on leash; cause to be placed in the waters of any fountain,
E. Lead, ride, drive, keep or let loose any ani- pond,lake,stream,bay or other body of water in
mal,reptile or fowl of any kind,without a permit or adjacent to any park or any tributary,stream,
to do so from the Director of parks and recrea- storm sewer or drain flowing into such waters,
tion; any substance, matter or thing, liquid or solid,
F. Make or kindle a fire for any purpose, which will or may result in the pollution of such
except at places provided for such purpose, waters;
unless prior special permission be obtained B. Dump,deposit or leave any bottles,broken
therefor from the Director; glass,ashes,paper,boxes,cans,refuse or trash on
G. Enter an area posted as "Closed to the the grounds thereof.Such items shall be placed in
Public," and no person shall use, or abet the use the proper receptacles where these are provided;
of, any area in violation of posted notices; and,where such receptacles are not provided,all
H. Play or bet at or against any game which is such rubbish or waste shall be carried away from
played, conducted, dealt, or carried on for the park by the person responsible for its pres-
money,chips,shell,credit or any other represen- ence, and properly disposed of elsewhere. (Ord.
tative of value, or maintain or exhibit any gam- 531 § 14, 1972)
bling table or other instrument of gambling or
gaming, or play any game prohibited by any 13.04.150 Vehicle requirements.
other ordinance of the City; No person in the park shall do any of the
I. Sleep, or protractedly lounge, on the seats, following:
benches, or other areas, or engage in loud, bois- A. Fail to comply with all applicable provi-
terous, threatening, abusive, insulting, or inde- sions of the Vehicle Code of the state in regard to
cent language, or engage in any disorderly equipment and operation of vehicles, together
conduct or behavior tending to a breach of the with such regulations as are contained in this
public peace; chapter and any other ordinances of the City
J. Use, carry, or possess firearms of any regulating traffic;
description, or air rifles, spring guns, bow and B. Fail to obey all traffic officers and park
arrows, slings or any other forms of weapons employees who are hereafter authorized and
potentially dangerous to wild life or to human instructed to direct traffic in the parks in accord-
safety. Shooting into park areas from beyond ance with the provisions of this chapter and such
park boundaries is prohibited; supplementary regulations as may be issued by
K. Solicit alms or contributions for any pur- the Director;
pose, whether public or private, without prior C. Fail to observe carefully all traffic signs
permission from the City Council; indicating speed, direction, caution, stopping or
L. Use or allow the use of powered model parking and all other signs posted for proper
airplanes except in areas so designated by the control and to safeguard life and property;
department of parks and recreation; D. Ride or drive a vehicle at a rate of speed
M. Play or practice golf or use golf clubs in exceeding fifteen miles an hour, except upon
any area of the park not designated for such use; such roads as the City may designate by posted
N. Indulge in riotous,boisterous, threatening signs for speedier travel;
or indecent conduct. (Ord. 531 § 13, 1972) E. Drive any vehicle on any area except paved
351
13.04.150
roads or parking areas,or such other areas as may 13.04.170 Picnic area use restrictions.
be specifically designated as temporary parking No person in a park shall do any of the follow-
areas by the department of parks and recreation; ing:
F. Park a vehicle in other than an established A. Picnic or lunch in a place other than one
or designated parking area, and such use shall be designated for that purpose. Attendants shall
in accordance with the posted directions there, have the authority to regulate the activities in
and with the instructions of any attendant who such areas,when necessary to prevent congestion
may be present; and to secure the maximum use of the park
G. Ride a motorcycle, motor bike, or similar facilities for the comfort and convenience of all.
vehicle in any park, except where used to trans- Visitors shall comply with any directions given to
port invalid persons; achieve this end. Individual fireplaces or tables
H. Ride a bicycle on other than a paved road and benches shall be used on the basis of"first
or path designated for that purpose. A bicyclist come, first served";
shall be permitted to wheel or push a bicycle by B. Use any portion of the picnic areas, or any
hand over any grassy area or wooded trail, or on of the park buildings or structures for the purpose
any paved area reserved for pedestrian use; of holding picnics, to the exclusion of other per-
1. Ride a bicycle other than on the righthand sons,and no person shall use such area and facili-
side of the road paving as close as conditions ties for an unreasonable length of time if they are
permit, and bicycles shall be kept in single file crowded;
when two or more are operating as a group. C. Leave a picnic area before a fire started or
Bicyclists shall at all times operate their machine later used by him is completely extinguished.
with reasonable regard to the safety of others, (Ord. 531 § 17, 1972)
signal all turns,pass to the left of any vehicle they
are overtaking and pass to the right of any vehi- 13.04.180 Advertising and sale restrictions.
cles they may be meeting; A. No person in a park shall, without prior
J. Ride any other person on a bicycle, except permission from the City Council, do any of the
where the bicycle is built for operation by more following:
than one person; 1. Expose or offer for sale any article or thing,
K. Leave a bicycle in a place other than a nor shall he station or place any stand, cart or
bicycle rack where a bicycle rack is provided and vehicle for the transportation, sale or display of
there is space available; any such article or thing;
L. Leave a bicycle lying on the ground or 2. Announce, advertise or call the public
paving, or set against trees, or in any place or attention in any way to any article or service for
position where other persons may trip over or be sale or hire;
injured by it. (Ord. 531 § 15, 1972) 3. Paste,glue,tack or otherwise post any sign,
placard, advertisement or inscription.
B. In addition, in order to insure the public
13.04.160 Swimming restrictions. safety, health and general welfare, no person
No person in a park shall swim,bathe,wade in shall expose or offer for sale any article or thing,
or pollute the water of any fountain, pond, lake nor shall he station or place any stand, cart or
or stream, except that wading and swimming vehicle for the sale or display of any article or
shall be permitted in pools specifically provided thing, on a public street, within one thousand
for these purposes,and so posted. (Ord. 531 § 16, feet in a straight line from the nearest boundary
1972) of any park. (Ord. 531 § 18, 1972)
I
352
13.04.190
13.04.190 Closing hours—Prohibitions. City Council either by ordinance or resolution as
No person in a park shall do any of the follow- a nature and/or rural preserve, in which event it
ing: shall be used and treated in a manner consistent
A. Remain, stay or loiter in any public park, therewith.
between the hours of ten p.m.and six a.m. of the B. Uses shall be limited to those which will
following day,or as may otherwise be designated maintain and protect the ecology of the area,
by minute order or resolution of the City Coun- conserve the natural features and scenic values,
cil.The opening and closing hours for each indi- expand community awareness and understand-
vidual park shall be posted therein by the ing of natural history and the environment, and
department of parks and recreation for public provide enjoyment of the resources present con-
information; sistent with their preservation.
B. Set up tents or other temporary shelter for C. McClellan Ranch Park is designated a
the purpose of overnight camping, nor shall any nature and rural preserve.(Ord.710(part), 1975)
person park or leave in a park, after closing
hours, any vehicle or movable structure to be 13.04.202 Regulations and guidelines.
used, or that counld be used, for such purposes, The City Council shall by resolution adopt
such as, a horse trailer, camp trailer, pickup regulations controlling the use and guidelines
camper, or the like; pertaining to the development of any part desig-
C. Park or leave in a park,after closing hours, nated as a nature and/or rural preserve.Any such
any vehicle. Signs shall be posted at all park regulations adopted by the City Council shall,
entrances to notify park visitors of the effects of where inconsistent therewith, take precedence
paragraph C of this section. (Ord. 754 § 1, 1976: over any general regulations contained in Chap-
Ord. 670 § 1, 1974; Ord. 531 § 19, 1972) ter 13.04. (Ord. 710 (part), 1975)
13.04.191 Towing of vehicles remaining after 13.04.210 host articles.
closing hours. The finding of lost articles in parks shall be
Any vehicle or movable structure left in a park reported to the department of parks and recrea-
after closing hours may be towed away to a public
garage at the owner's.expense. Signs shall be tion or the park department personnel on duty.
posted at all park entrances to notify park visitors (Ord. 531 § 21, 1972)
of the effects of this section. (Ord. 752 § 1, 1976)
13.04.220 Administrative authority.
13.04.200 Closing sections of parks. There is conferred upon the City Manager
Any section or part of a park may be declared those powers and duties necessary for the admin-
closed to the public by the Director of parks and istration of this chapter. In addition, there is also
recreation at any time, and for any interval of conferred upon the City Manager the authority
time, either temporarily or at regular and stated and power to designate such City officers and
intervals(daily or otherwise), and either entirely employees as may be required to carry out the
or merely to'certain uses, as the Director may intent and purpose of this chapter.(Ord.531§22,
reasonably find necessary. (Ord. 531 § 20, 1972) 1972)
13.04.201 Nature and/or rural preserve. 13.04.230 Enforcement authority.
A. Any park characterized by such unique The parks foreman,all park attendants and/or
natural features that it is deemed a valuable and all peace officers authorized or directed by the
irreplaceable resource may be designated by the City shall be responsible for the enforcement of
353
13.04.230
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)
�i
354