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15-080 Lease and Caretaker agreement with Friends of Stevens Creek Trail for the McClellan Ranch HouseSECOND AMENDMENT TO LEASE AND CARETAKER AGREEMENT BETWEEN THE CITY OF CUPERTINO AND FRIENDS OF STEVENS CREEK TRAIL This Second Amendment to the Lease Agreement between the City of Cupertino and Friends of Stevens Creek Trail for reference dated June 7 , 2017 , is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and Friends of Stevens Creek Trail , a California nonprofit corporation (hereinafter "LESSEE") whose address is 22221 McClellan Road , (hereinafter "Property"), and is made with reference to the following: RECITALS: A. On July 1, 2015 , the City and friends of Stevens Creek Trail entered into a Lease Agreement (hereinafter "Agreement"). B . City and Lessee desire to modify the Agreement on the tenns and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1. Pursuant tci 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 , 2018. 2. Except as expressl y modified herein, all other terms and covenants set fo1ih in the Agreement shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF , the parties hereto have caused this modification of Agreement to be executed. Lessee Friends of St evens Cre ek Trail Execu~;{~ CITY OF CUPERTINO B City Manager ATTEST ~~ ,, ~~ City Clerk (p ~ ~.--/? APPROVED AS TO FORM: r-r-ff>I ~~~--- ~ City Attorney FIRST AMENDMENT TO LEASE AND CARET AKER AGREEMENT BETWEEN THE CITY OF CUPERTINO AND FRIENDS OF STEVENS CREEK TRAIL This First Amendment to the Lease Agreement between the City of Cupe1iino and Friends of Stevens Creek Trail for reference dated June 22, 2016, is by and between the CITY OF CUPERTINO , a municip a l corporation (hereinafter "Cit y ") and Friends of Stevens Creek Trail , a California nonprofit corporation (hereinafter "LESSEE") whose address is 22221 McClellan Road , (hereinafter "Prope1iy"), and is made with reference to the following: RECITALS: A. On July I , 2015, the City and friends of Stevens Creek Trail entered into a Lease Agreement (hereinafter "Agreement"). B. City and Lessee desire to modify the Agreement on the te1ms and conditions set forth herein. NOW, THEREFORE, it is mutuall y 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 th e option to extend the term of the Lease through June 30, 2017. 2. Except as expressly modified herein , all other terms and covenants set fo1ih in the Agree ment shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the pmiies hereto have caused this modification of Agreement to be executed. Lessee UPERTINO Friends of Stevens Creek Trai I p-/07[_ By ______ y City Manager Executive Director City Clerk / r--( j--/ ft, AP ~VED AS TO J'ORM : By bt~ City Attorney LEASE AND CARETAKER AGREEMENT BETWEEN THE CITY OF CUPERTINO AND FRIENDS OF STEVENS CREEK TRAIL FOR THE McCLELLAN RANCH HOUSE This Lease and Caretaker Agreement ("AGREEMENT"), is entered into this 1st day of July, 2015, by and between the City of Cupertino ("CITY") and the Friends of the Stevens Creek Trail, a California nonprofit 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 Stevens Creek Trail. B. City and Lessee desire to enter into an agreement to lease a portion of the Property that includes approximately 109 square feet of space within the ranch house (81 square feet office and 28 square feet storage), 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 ongoing 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 109 square feet within the ranch house 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, 2015 ("Commencement Date") and ending June 30, 2016. 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 one hundred and nine dollars ($109 .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 . In addition to providing services in Exhibit B. 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 $100.00, 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 shall be responsible for its own telephone, internet and similar service and shall provide for its own office equipment and furnishings. Lease Agreemen t Fr ie nds of Stevens Cr eek Tra il gm b 7-3-1 3 2 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 promoting the Stevens Creek Trail as set forth in Exhibit B. 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 inconvenience, 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. 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. Lease Agr eem ent Fri end s of Stevens Creek T ra il gm b 7-3 -1 3 3 b. Caretaker Responsibilities. Lessee shall complete the following caretaker responsibilities: l. 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 Sher iff. In the event the Sheriffs office is involved, report the incident to the Director of Recreation and Community Services. (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 perm it 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. 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 Lease Agreement Friends of Stevens Creek Trail grnb 7-3-13 4 walls and the exterior roof of the Property, including all plumbing and electrical equipment located between the exterior and interior walls of the Property. City shall not, however, be obligated to maintain the interior walls, ceilings, windows, doors or 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 within 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 otner 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 leased 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, dean 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 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 . Lease Agreement Friends of Stevens Creek Trail gmb 7-3 -1 3 5 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 comply i ng 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, addit ions 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 d i minution 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 Rat i ng of A-Class VII or better: 1.Comprehensive public liability, i ncluding 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 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 office Lease Agreement Friends of Stevens Creek Trai l g mb 7-3-13 6 space, 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 o r injury of any person, the damage to or destruction of any property of any person, and any work performed on the Property or materials furnished 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. Lease Agreement Friends of Stevens Creek Trail gmb 7-3-13 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 ba lance 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. 18. DEFAULT. a. The occurrence of any of the following shall constitute a default by Lessee: Lease Agreement Friends of Stevens Creek Trail grnb 7-3-13 8 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 prem ises. 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 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. Lease Agreement Friends of Stevens Creek Tra il gmb 7-3-13 9 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 r eletting 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 rema i n 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 t i me. 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 t ime 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 bus i ne ss. 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 in itiated 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 rate an individual is permitted by law to charge from the date the sum is paid by City until Lessee reimburses City. The sum, togethe r with all interest on it, shall be the additional rent Lease Agreement Fr iends of Stevens Creek Tra il gmb 7-3-13 10 20. ASSIGNMENT AND SUBLETIING . 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: CITY : Friends of the Stevens Creek Trail Attention: Executive Director 22221 McClellan Road Cupertino, CA 95014 City of Cupertino Attn: Director of Recreation and Community Services 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, 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 . Lease Agreement Frien ds of Stevens Creek Trai l gmb 7-3-13 11 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 . i. Recordation. Neither Lessee nor City shall record this Lease. II II II II Lease Agreement Friends of Stevens Creek Trail gm b 7-3-13 12 j. Authority. The individuals signing this Lease 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 Friends of Stevens Creek Trail ~~~ Executive Director Attachments Exhibit A Cupertino Municipal Code Title 13 Exhibit B Explanation of Services City Manager ?:__-~-~' ~~,.#- city clerk 1 --f 3 ,-fy- AP~ ~ City Attorney Le ase Agreement Friends of Stevens Creek Trail gmb 7-3-13 13 &'24113 dxt.rnent ( 1) .him Cupertino, CA Municipal Code CHAPTER 13.04: PARKS Section 13.04.010 13.04.020 13.04.030 13.04.040 13.04.050 13.04.060 13.04.070 .13.04.080 13.04.090 13.04.100 13.04.110 13.04.120 13.04.130 13.04.140 13.04.150 13.04.160 13.04.170 13.04.180 13.04.190 13.04.191 13.04.200 Purpose. Definitions. Compliance required. Park and/or building permit-Required. Park and/or building permit-Application. Park and/or building pennit-Contents. Park and/or building pennit-Granting or denial Park and/or building permit-Appeal Park and/or building permit-Fees and deposit. Park and/or building pennit-Liability. Park and/or buildingpennit-Revocation Use of park property. Behavior of persons in parks. Sanitation requirements. Vehicle requirements. Swimming restrictions. Picnic area use restrictions. Advertising and sale restrictions. Closing hours-Prolubitions. Towing of vehicles remaining after closing hours. Closing sections of parks. file:///C:ill sers/Gar)IDoMl!oads/dxument ( 1 ).htm cX-hia/t 4 1112 6124113 cbClm!nt ( 1 ).him 13.04.201 Nature and/or rural preserve. 13.04.202 Regulations and guidelines. 13.04.210 Lost articles. 13.04.220 Administrative authority. 13.04.230 Enfurcement authority. 13.04.240 Violation-Penalty. 13.04.010 Purpose. The purpose of this chapter is to regulate the use of the parks and recreation buildings of the City in order that all persons may eajoy and make use of such parks and buildings and to protect the rights of those in the surrounding areas. (Ord. 531, § 1, 1972) 13.04.020 Definitions. The fullowing words and phrases, whenever used in th5 chapter, shall be construed as defined in this section: A. ''Buildin~" includes those buildings, or any portion thereo~ under the supervision of the parks and recreation departrrent made available to exclusive use pernrittees. B. ''Citj' means the City of Cupertino. C. ''City Manager" means the City Manager of the City of Cupertino. D. ''Park" means a park, reservation, playgroun~ swimming pooi 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. ''Pennif' means a permit fur exchlsive use of parks or buildings as provided for and defined in this chapter. F. ''Persons" include persons, associations, partnerships, firms and corporations, or any company organization of any kind. G. ''Sotmd amplifying equipment'' means any machine or device fur the amplification of the human voice, music, or any other sound. "Sound amplifying equipment" does not include standard autmmbile radios when used and heard only by the occupants of the vehicle in which the autom:>bile radio is installed. ''Sound amplifying equipment," as used in th5 section, does not include warning devices on authorized emergency vehicles or horns or other warning devices of any vehicle used only fur traffic sarety purposes. H. ''Vehicle" rreans any wheeled conveyance> whether tmtor-powered, animal-drawn, or self.propelled. The term includes any trailer in tow of any siz.e, kind or description. Exception is made fur baby carriages, fil e:J//C 'l\J s ers/Gar;.'D cm'll oads/documenl ( 1) .him 2/12 6124113 OOa.rrent ( 1 ).him wheelchairs, and vehicles in the service of the City parks. I. ''Nature and/or rural preserve" meam 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, orreimin in any park or building of the City unless he complies with all of the regulations set furth in thl; chapter applicable to such park or building. (Ord. 531, § 3, 1972) 13.04.040 Park and/or Building Permit-Required. The City's parks and/or building.5 shall be made available fur the exclusive use of persons and groups subject to the issuance of a pennit by the City Manager. No exclusive use of any park and/or buildings fur pre- advertised assemblies or groups may be made without the issuance of a permit therefur. AD applications fur exclusive use IIIDSt be signed or cosigned by an adult, which adult shall agree to be responsible fur said exclusive use. No exch.isive use permit will be granted it: prior to the time the application was filed, the City has scheduled a City-spomored 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 pennit, or if cause fur denial is found to exist (Ord. 531, § 4, 1972) 13.04.050 Park and/or Building Permit-Application. Any person applying fur a permit hereunder shall file an application fur such permit with the City Manager not less than fuurteen days nor tmre than sixty days prior to the proposed use of said park and/or building. The City Manager, where good cause 5 shown therefur, shall have the authority to consider any application herel.lllder which is filed less than fi>urteen days befure 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 oftbe pers'on 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 fur, D. The starting time of the proposed activity; fil e://IC'JJ sers!GarYDoN:d.oa:isldx:t.rnant ( 1) .h!m l'12 fw'24f13 document ( 1 ).htm E. The tini5hing time of the proposed activity; F. The mnnber of persons expected; G. Additional City mcilities requested, such as personne~ tables, chairs, etc.; H. The nature of the proposed activity or activities including equiprrent and vehicles to be brought into the park, nature and duration of the use of any amplified sotmd, 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 un1ess the time for such granting or denial of the permit has been waived by the applicant in writing. The decision granting or denying said application shall be mailed to the applicant B. The City Manager, in granting the application, may impose reasonable requirerrents and conditions concerning the use of the park or building by the applicant C. The City Manager shall grant the application when the application contaiM infonnation showing that the mnnber of persons expected at the activity complies with the occupancy load of the building and upon granting such pennit may impose reasonable requirerrents and conditions concerning the use of said building with respect to time and duration of use and mnnber of persons allowed in the building. D. The City Manager imy 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 fur said building or that the building does not meet the occupancy load requirements. In the event that rrore than one application is received fur one park or building for use at the saire tiire, the City Manager sball first act upon the application first received. E. The City Manager shall deny the application if be finds: 1. That the proposed activity or use will unreasonably interfere, or detract from the pro1rotion of the public health, welfirre, safuty and recreation; 2. That the proposed activity or use 5 anticipated to incite violence, crirre or disorderly conduct; 3. That the proposed activity or use will entail llllusua~ extraordinary, or burdensome ex-pense 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 acconnnodate the activity by the applicant; file://IC:JUsarslGa")l[Ja#6oads/cbcurent ( 1).h!m 4112 &'24113 cXJa.ment ( 1) .him 6. That the applicant refuses to agree in writing to comply with any and all conditions in the pennit; 7. That the applicant mils to file a timely application, 1.ll1less waived in writing by the City Manager. F. All denials fur applications fur permits shall specify the grounds therefur. (Ord. 531, § 7, 1972) 13.04.080 Park and/or Building Permit-Appeal. The applicant shall have the right to appeal the denial of a pennit by the City Manager to the City Council. A notice of appeal shall be filed with the City Clerk within five days of the City Manager's trailing the notice of denial of the application for a pennit. The City Council shall act upon the appeal at its next meeting following receipt of notice of appeal and its decision sba.Il be final (Ord. 531, § 8, 1972) 13.04.090 Park and/or Building Permit-Fees and Deposit. Upon the granting of a pennit under this chapter, any :tees or deposits required fur the use of City personne~ building, equipment, and facilities shall be contained in said pennit and said fues or deposits shall be paid by the applicant within ten days of the receipt of said pemrit. If said tees or deposits are not paid within said ten days, then, in that event, the pennit thereror issued shall be null and void: A. Building fues and charges have been estabIBhed and are regulated by the type of organization or individual usage proposed by the application and such rees are subject to change as required by persormel or City costs; B. Building deposit fues 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 hannless and indetmify the City :from any and all liability for injury to persons or property occurring as a result of the activity sponsored by the perniittee and said person shall be liable to the City for any and all darrage to parks, facilities, and buildin~ owned by the City, which results from the activity of permittee or 5 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 pro~ions of this chapter, or any other ordinance of the City, or of any rule prorrrulgated file:///C:A.JsersfGarlDO/<d~ (1).hlm 5112 6'24113 d:x:tJmen1 ( 1 ).htm hereunder, or upon good cause shown. (Ord. 531, § 11, 1972) 13.04.120 Use of Parle Property. No person in a park shall do any of the fullowing: A. Wilfully mark, defilce, disfigure, injure, tamper with or displace or rerrove any building;, bridges, tables, benches, :fireplaces, railing, paving or paving material, water lines or other public utilities or parts or appwtenances whatsoever, either real or persona~ B. Litter, soil or defile restroom;. No person over the age of six years shall use restroom; and washroom; designed fur the opposite sex; C. Dig or rerrove any soil, rock, stones, trees, shrubs or plants, down timber or other wood or materials, or make anf excavation by tooi equiprrent, blasting or other rreans or agency. It 5 unlawful to gather firewood or to collect within the park any type of plant material fur the purpose of building a campfire; D. Construct or erect any building or structure of whatever kind, whether p_errnanent or temporary in character, or run or string any public service utility into, upon or across such lands, except on special written pennit issued under this chapter; E. Go upon any lawn or grass plot, where prohibited by the parks and recreation departm;nt, and where such prohibition is indicated by proper and legible signs; F. Damage, cut, carve, transplant or rerrove any tree or plant, or injure the bark, or pick the flowers or seeds of any tree or plant. Nor sball any person attach any 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 ~efulness of any areas; G. Climb any tree or walk, stand or sit upon any rmilllirents, vases, fountains, raffin& fences, or upon any other property not designated or custonmily used fur such purposes; H. Hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw missiles at any anirrai reptile, or bird; nor shall any person reroove or have in 115 possession the young of any wild anirml, or the eggs or nest or young of any reptile or bird. Exception to the furegoing 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 fur amplifying sounds, whether fur speech or music or otherwise, unless an exclu.5ive 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 fullowing: fil e:///C :/Users/Gar'ID aM'l! oa:is/dxl.rnent ( 1) .tttrn &'12 S'24113 doarnent ( 1 ).him A. Bring to a park any alcoholic beverages, and no person may drink alcoholic beverages at any time in a park, except picknickers, who nay bring to a park, and drink, beer or wine with their picnic mea~ so 1ong as they conduct them.5elves in an orderly rmnner; B. Enter or rerrain in a park while under the influence of intoxicating liquor or any drug; C. Have brought, or have in bis possession, or set oft: or otheme cause to explode or discharge or burn, any firecrackers, torpedoes, rockets, or other fireworks or explosives of inflarnrnable materiai or discharge them or throw them into any such area from land or any highway adjacent thereto. This prohibition includes any substance, compound, mixture or article that, in cm:yunction with any other substance or compound woukl be dangerous from any of the foregoing standpoints; D. No person having the control or care of any dog, shall sutrer or pennit such dog to enter or remain in a park or sport field, unless posted fur such use, and then only if it is led by a leash of suitable strength not more than six fuet in length, unless it is permitted to be oft: leash by the City as part of a City-authorized event or program; and the owner and the attendant shall be responsible fur any damage caused, in any event, by such dog, even if on leash; E. Lead, ride, drive, keep or let loose any anirml, reptile or fuwl of any kind, without a permit to do so from the Director of parks and recreation; F. Make or kindle a fire for any purpose, except at places provided fur such purpose, unless prior special permission be obtained therefur from the Director; G. Enter an area posted as ''Closed to the Public," and no person shall use, or abet the use ot; any area in violation of posted notices; H. Play or bet at or against any game which is played, conducted, dealt, or carried on fur .tmney, chips, shell, credit or any other representative of value, or maintain or exhibit any gambling table or other instrument of gambling or gaming, or play any game prohibited by any other ordinance of the City; I. Sleep, or protracted.1y lmmge, 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 of the public peace; J. Use, carry, or possess firea.nns of any description, or air rifles, spring gLlllS, bow and arrows, slin~ or any other funns ofweapom potentially dangerous to wild life or to lruman safety. Shooting into park areas from beyond park boundaries is prohibited; K. Solicit alms or contributions fur any purpose, whether public or private, without prior pennission from the City Council; L. Use or allow the use of powered tmdel airplanes except in areas so designated by the department of parks arid recreation; M. Play or prac~e golf or use golf ch.lbs in any area of the park not designated fur such use; N. Indulge in riotous, boisteroils, threatening or indecent conduct file://IC:IUsers/Gary'DCMnloa::ts/d:x:t.rnent ( 1 ).htm 7/12 &'24113 OOcl.ment ( 1) .htm 0. No person shall skate or rolle:rbJade in a manner that causes damage to park ~nities or threate~ the safety or well being of park patrons. Skating or rollerl>lading is prohibited on raised surfuces where signed. P. Feeding Waterfuwl Prohibited. No person shall reed or in any manner intentionally provide fuod to any waterfuwl (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 fullowing: A Throw, discharge 'or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, bay or other body of water in or adjacent to any park or any tributary, stream, storm sewer or drain !lowing into such waters, any substance, matter or thing, liquid 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 ite~ shall be placed in the proper receptacles where these are provided; and, where such receptacles are not provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence, and properly disposed of e5ewhere. (Ord. 531, § 14, 1972) 13.04.150 Vehicle Requirements. No person in the park shall do any of the following: A. Fail to comply with all applicable provisions of the Vehicle Code of the state in regard to equipment and operation of vehicles, 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 5sued by the Director; C. Fail to observe carefully all traffic signs indicating speed, direction, caution, stopping or parking and all other signs posted fur proper control and to safeguard life and property; D. Ride or drive a vehicle at a rate of speed exceeding fiffeen miles an hour, except upon such roads as the City may designate by posted signs fur speedier trave~ 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 establi5hed or designated parking area, and such use shall be in accordance with the posted directions there, and with the instructio~ of any attendant who may be present; file:J//C:illsersf""8r)/Damoa0stcbc:unent ( 1 ).htm 8112 &'24113 document (1).htm G. Ride a rmtorcycle, m:>tor bike, or similar vehicle in any p~ except where used to transport invalid persons; H. Ride a bicycle on other than a paved road or path. Notwithstanding the furegoing, no person rmy ride a bicycle on a paved road or path where such activity is prohibited by posted sigrlage. A bicyclist rmy wheel or prnh a bicycle by hand over any grassy area, wooded trail, or over any other area in which bicycle riding is otherwi5e prohibited; I. Ride a bicycle other than on the righthand side of the road paving as close as conditions pennit, and bicycles shall be kept in single file when two or rmre are operating as a group. Bicyclists shall at all times 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; J. Ride any other person on a bicycle, except where the bicycle is built fur operation by trore 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 rmy 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 of any fuuntain, pond, lake or stream, except that wading and swimming 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 of the fuliowing: A Picnic or hmch 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 maximum use of the park mcilities fur the comfbrt and convenience 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 park bwlding;; or structures fur the purpose of holding picnics, to the exclusion of other persons, and no person shall use such area and facilities fur an urrreasonable length of time if they are crowded; C. Leave a picnic area before a fire started or later used by him is completely extinguished. fit e://fC :JU sers/Gar)iOoMll oads/cb::ln19nt ( 1 ) .htm 9112 6'24113 docurent ( 1).hlm (Ord. 531, § 17,1972) 13.04.180 Advertising and Sale Restrictions. A. No person in a park shall, without prior pennission 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 vehicJe for the transportation, sale or display of any such article or thing; 2. Annomce, advertise or call the public attention in any way to any article or service fur sale or hire; 3. Paste, glue, tack or otherwise post any sign, placard, adve!Wement or ~ription. B. In addition, in order to insure the public safety, health and general welfare, no person shall expose or otter fur sale any article or thing, nor shall he station or place any stand, cart or vehicle fur the sale or display of any article or thing, on a public street, within five lnmdred reet in a straight line from the nearest bmmdary 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 fu flowing: A. Remiin, stay or loiter in any public park, between the hours often p.m. and six a.m of the fullowing day, or as may otherwise be designated by minute order or resolution of the City Council. The opening and closing hours for each individual park shall be posted therein by the department of parks and recreation fur public information; B. Set up tents or other_ temporary shelter fur the purpose of overnight camping. nor shall any person park or leave in a park, afier closing hours, any vehicle or rrovable structure to be used, or that cou1d be used, fur such purposes, such as a horse trailer, camp trailer, pickup camper, or the like; C. Park or leave in a park, afier closing hours, any vehicle. Signs shall be posted at all park entrances to notify park visitors of the effects of paragraph C of this section {Ord. 754, §I, 1976; Ord. 670, § 1, 1974; Ord. 531, § 19, 1972) 13.04.191 Towing of Vehicles Remaining after Closing Hours. Any vehicle or movable strUcture left in a park after closing hours may be towed away to a public gara~e at the owner's expense. Signs shall be posted at all park entrances to notify park visitors of the effects of~ section. (Ord. 752, § 1, 1976) 13.04.200 Closing Sections of Parks. Iii e:JllC 'lU serslGar)(D oMi oadi/docu:renl ( 1 ).htm 10112 6124i13 document (1).hlm 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 fur 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 tray reasonably find necessary. (Ord. 531, § 20, 1972) 13.04.201 Nature and/or Rural Preserve. A Any park characterized by such tmique natural features that it is deem:d a valuable and irreplaceable resomce may be designated by the City Council either by ordinance or resolution as a nature and/or rural preserve, in which event it shall be used and treated in a nmmer consistent therewith. B. Uses shall be limited to those which will maintain and protect the ecology of the area, conserve the natural features and scenic values, expand comrrn.mity awareness and understanding of natural history and the envirornrent, and provide enjo~nt of the 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 and/or rural preserve. Any such regulations adopted by the City Cm.mcil 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 of lost articles in parks shall be reported to the dep~nt of parks and recreation or the park department personnel on duty. (Ord. 531, § 21, 1972) 13.04.220 Administrative Authority. There is conferred upon the City Manager those powers and duties necessary for the administration of this chapter. In addition, there is also conferred upon the City Manager the authority and power to designate such City officers and empk>yees as rray be required to carry out the intent and purpose oftlm chapter. (Ord. 531, § 22, 1972) 13.04.230 Enforcement Authority. The parks fureman, all park attendants and/or all peace officers autho~d or directed by the City sha.H be ti I e:J//C:JU sers/GarYDow'lloads.lcb::unent ( 1) .him 11/12 6124113 document (1).htm ·responsible for lhe 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 (pait), 1982; Ord. 531, § 25, 1972) Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect th e rmst current legis lation adopted by the Mmicipality. An-erican Legal Publishing Corporation provides these docurrents for informationa l purposes only . These ·documants should not be reli ed upon as the definitive authority for loca l legislation. Additionally, the formatting and pagination of the posted docurrents varies from the form3tting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prio r to any action being taken. For further information regarding the official version of any of this Code of Ordinances or othe r docunents posted on this site, please contact the lvlmicipality directly or contact American Legal Publishing toll -free at 800-445-5588. fi I e :///C :JU sers/Gary'DCMO!oads/docu:renl ( 1 ) .htm © 2013 An-erican Lega l Publishing Corporation techsunportlaJaniegal.com 1.800.445.5588. 12112 Exhibit B-Explanation of Services Ever since its founding in 1993, the Friends of Stevens Creek Trail {FOSCT) has educated the public about the trail and wildlife corridor benefits, including getting people closer to nature in their own neighborhood, exercise, safer routes to schools, reducing car trips and pollution, and connecting people, neighborhoods, and parks. Unfortunately it is easier to oppose new projects than to support them, and that has been the case for Stevens Creek Trail. From its very beginnings in Mountain View and Cupertino, people have questioned the need for an urban trail and the benefits of providing a safe and attractive car-free route for pedestrians and bicyclists. We gather support for the trail and help spread the word about its many benefits, and help at the many public hearings needed to develop and finalize each new trail segment. There are always concerns and outright fears raised by residents living near each new proposed trail segment about traffic, safety, crime, property values, and other issues . We bring to the table the real-world experience of completed and now much loved trail segments -loved even by former trail opponents who now see its very positive influence on their neighborhood. Besides working steadily for the creation and extension of the trail, we: -provide educational booths at Cupertino, Sunnyvale, Mountain View, and Los Altos festivals and Earth Day events; -sponsor and operate educational activities at the annual Microsoft Green Kids Conference; -provide free trail/bicycle maps and bicycle bells; -organize annual trail and creek cleanups; -financially support other organizations such as Acterra that do environmental work at McClellan Ranch; -have a student seat on our Board of Directors for a local high school student to learn by doing; -network with nonprofits, businesses, developers, and government agencies who need more information about the trail; -develop Creekipedia {an interactive on line resource for information about the creek); -maintain a public website with trail information and links to other similar trails and organizations; and -put on the annual Trailblazer Race: SK & lOK runs, kids races, and a creek walking tour with an educational guide. We hold our public meetings at the McClellan Ranch house, usually the fourth Thursday each month from 7 to 9 P.M. LEASE AND CARETAKER AGREEMENT BETWEEN, THE CITY OF CUPERTINO AND FRIENDS OF STEVENS CREEK TRAIL FOR THE McCLELLAN RANCH HOUSE This Lease and Caretaker Agreement ("AGREEMENT"), is entered into this 1st day of July, 2015, by and between the City of Cupertino ("CITY") and the Friends of the Stevens Creek Trail,a California nonprofit 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 Stevens Creek Trail. B. City and Lessee desire to enter into an agreement to lease a portion of the Property that includes approximately 109 square feet of space within the ranch house (81 square feet office and 28 square feet storage), 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 ongoing 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 109 square feet within the ranch house 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, 2015 ("Commencement Date")and ending June 30, 2016. 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 one hundred and nine dollars ($109.00) 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. In addition to providing services in Exhibit B. 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$100.00, 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 shall be responsible for its own telephone, internet and similar service and shall provide for its own office equipment and furnishings. Lease Agreement Friends of Stevens Creek Trail gmb 7-3-13 2 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 promoting the Stevens Creek Trail as set forth in Exhibit B. 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. Securit . 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 inconvenience, 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. 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. Lease Agreement Friends of Stevens Creek Trail gmb 7-3-13 3 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 Recreation and 'Community Services. (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. J 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. 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 Lease Agreement Friends of Stevens Creek Trail gmb 7-3-13 4 walls and the exterior roof of the Property, including all plumbing and electrical equipment located between the exterior and interior walls of the Property. City shall not, however, be obligated to maintain the interior walls, ceilings, windows, doors or 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 within 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 leased 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 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. Lease Agreement Friends of Stevens Creek Trail gmb 7-3-13 5 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 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 occupancyand control of that certain portion of the Property designated as office Lease Agreement Friends of Stevens Creek Trail gmb 7-3-13 6 space, 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 furnished 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. Lease Agreement Friends of Stevens Creek Trail gmb 7-3-13 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. t 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. 18. DEFAULT. a. The occurrence of any of the following shall constitute a default by Lessee: Lease Agreement Friends of Stevens Creek Trail gmb 7-3-13 g 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 ora 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 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. Lease Agreement Friends of Stevens Creek Trail gmb 7-3-13 9 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. voided; 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 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 Lease Agreement Friends of Stevens Creek Trail gmb 7-3-13 10 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 patties 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: Friends of the Stevens Creek Trail Attention: Executive Director 22221 McClellan Road Cupertino,CA 95014 CITY: City of Cupertino Attn: Director of Recreation and Community Services 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, representations, or agreements, either written or oral. Any amendments to this document shall be effective only if in writing and signed by the City andLessee. Lease Agreement Friends of Stevens Creek Trail gmb 7-3-13 11 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. Lease Agreement Friends of Stevens Creek Trail gmb 7-3-13 12 j. Authority.The individuals signing this Lease 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 Friends of Stevens Creek Trail C ty Z7ertino 45 4 Executive Director City Manager ATTEST: i City Clerk APP VED AS TO FORM: City A orney Attachments Exhibit A Cupertino Municipal Code Title 13 Exhibit B Explanation of Services Lease Agreement Friends of Stevens Creek Trail gmb 7-3-13 13 6+24613 , docu ad(1)hfrn Cupertino, CA Municipal Code CHAPTER 13.04: PARKS Section 13.04.010 Purpose. 13.04.020 Definitions. 13.04.030 Compliance required. 13.04.040 Park and/or building permitRequired. 13.04.050 Park and/or building permitApplication. 13.04.060 Park and/or binding permit—Contents. 13.04.070 Park and/or building pemvt--Granting or denial. 13.04.080 Park and/or building permit—Appeal. 13.04.090 Park and/or building permitFees and deposit. 13.04.100 Park and/or building perrtfitLiabi ity. 13.04.110 Park and/or building perm t—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. l 3.04.180 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. file-JIIC:#Jsers/C,RrA)omioaWd=mwl(l).htm 1/12 8124113' docirr ent(1).h1m 13.04.201 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 ViolatiDn—Penalty. 13.04.010 Purpose. The purpose of this chapter is to regulate the use of the parks and recreation buMi igs of the City in order that all persons may enjoy and make use of such parks and buildings and to protect the rights ofthose 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. `Buildings"includes those buildings,or any portion thereof;under the supervision of the parks and recreation department made available to exclusive use permittees. B. "City"mesas the City of Cupertino. C. "City Managed"means the City Manager of the City of Cupertino. D. `l'ark"means a park, reservation,playground,swarming 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 "PermW'means a permit for exclusive use ofparks or bugs as provided for and defined in this chapter. F. `persons"include persons, associations,partnerships,firms and corporations,or any company organization ofany kind. G. "Sound amplifying equipment"means any machine or device for the amplification ofthie human voice, naffs. , or any other sound. "Sound amplifying equipment"does not include standard automobile radios when used and heard only by the occupants of the vehicle in which the automobile radio is installed. "Sound amplifying equipmerit,"as used in this sections,does not include yarning devices on authorized emergency vehicles or hones or other warning devices of any vehicle used only for traffic safety purposes. H. "Vehicle"means any wheeled conveyance,whether motor-powered, animal-drawn, or self-propelled. The term includes any trailer in bow of any size,kind or description. Exception is made for baby carriages, filenlC NsexslGar d0am.edosds/doctprecd(1)1m 2112 GrM13• domnent(1)l*n wheelchairs,and vehicles in the service ofthe City parks. I. 'Nature and/or rural preserve"mans a park so designated by the City Counci ptasuant 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 ofthe regulations set forth in this chapter applicable to such park or building. Ord. 531, § 3, 1972) 13.04.040 Park and/or Building Permit-Required. The City's parks and/or bufldhW shall be made available for the exclusive use of persons and groups subject to the issuance ofa permit by the City Manager. No exchisive use ofany park and/or buil fts for pre- advertised assembles or groups may be made without the issuance of a permit therefor. All applications fvr exclusive use must be signed or cosigned by an adult,which add shall agree to be responsible for said exchusive use. No exclusive use permit will be granted iC prior to the time the application was filed,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 perms or if cause for denial is found to exist. Ord. 531, §4, 1972) 13.04.050 Park and/or Building Permit-Application. Any person applying for a permit hereunder shalt 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 ofsaid park and/or building. The City Manager,where good cause is shown therefor, shat 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 ofthe applicant, the sponsoring organization,and the name ofthe person in charge ofthe proposed activity, B. The addresses and telephone numbers of those named in subsection A. above; C. The park and/or bufldh g,or room being applied for, D. The starting time ofthe proposed activity, fi eJrlClUserslGeryDowQda ds/docisr ant(By Mm 3112 602013 dD=n9rd(1)J*n E. The finishing time of the proposed activity, F. The number ofpersons expected; G. Additional City facilities requested,such as personnel,tables, chaos, 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 grantor deny such application on or before four days after the fling ofthe application unless the time for such granting or denial ofthe permit has been waived by the applicant in writing. The decision granting or decrying said application shall be marled to the applicant. B. The City Manager,in granting the application,may impose reasonable requirements and conditions concerning the use ofthe park or building by the applicant. C. The City Manager shall grant the application when the application contains ininrmation showing that the number of persons expected at the activity complies with the occupancy bad ofthe btul+dmg and upon granting such permit may impose reasonable requirements and conditions concerning the use of said buckling with respect to time and duration ofuse and number ofpersons allowed in the buckling. 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 buckling does not meet the occupancy bad requirements.In the event that more than one application is received for one park or buckling for use at the same time,the City Manager shall first act upon the application first received. E. The City Manager shall deny the application if he finds: I. That the proposed activity or use will unreasonably interfere, 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,crime 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; fi9gJ/lClUserslCsr/DoMr loadsldoa rt atd(1)htrn 4112 6124113' dor mwt(1)hM 6. That the applicant refuses to agree in writing to comply with any and all conditions in the permit; 7. That the applicant fads to Sea timely application,unless waived io 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 right to appeal the denial ofa permit by the Cly Manager to the City Council A notice of appeal shall be filed with the City Clerk within five days of the City Manager's mailing the notice of denial of the application for a permit. The City Council shall act upon the appeal at its next meting following receipt of notice of appeal 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 fees or deposits required for the use of City personnel, budding, equipment,and facilities shall be contained in said permit and said fees or deposits shall be paid by the applicant within ben 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. Burling fees and charges have been established and are regulated by the type of organbatron 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 refs mdable upon to incite violence, crime or disorderly conduct;approval of the City Manager,providing no darn age 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 ofthe activity sponsored by the permittee and said person shall be liable to the City for any and all darrrage to parks, faces,and buRdfiV owned by the City,which results from the activity of permittee 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 ordinance of the City,or of any rale promulgated 51e#cXsersh3wWowcd mmvw t(1).htm 5112 6W3' d=ffm t(1).htm 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 ofthe Mowing: A. Wilfully mark,deface,disfigure, injure, tamper with or displace or remove any buildings,bridges, tables, benches, fireplaces, raft paving or paving material,water lines or other public utilities or parts or appurtenances whatsoever, either real or personal; B. Litter,soil or defile restrooms. No person over the age ofsix years shall use restroorm 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 anyexcavation by tool,equipment,blasting or other means or agency. It is unhwfW to gather firewood or to collect within the park any type ofplant material for the purpose ofbwlding a campfire; D. Construct or erect any building or structure ofwhatever 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 prohibited by the parks and recreation department,and where such prohibition is indicated by proper and legible signs; F. Damage,cut, carve, transplant or remove any tree or plant,or injure the baric, or pick the flowers or seeds of arty tree or plant. Nor shall any person attach any 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 usefib s of any areas; G. Clint any tree or walk,stand or sit upon any monurnents,vases, fountains,raft fences, or upon any other property not designated or customarily used for such purposes; H. Hunt;rre6l,harm,frighten, ki%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 ofany wild animal,or the eggs or nest or young of airy reptile or bird. Exception to fire 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 arnplfiykrg sounds,whether for speech or music or otherwise, unless an exchrsive use perk is fist secured. Ord. 531,§ 12, 1972) 13.04.130 Behavior of Persons in Parks. No person in a park shall do any of the followi g fiW11CAJSWJGWSMM OaWdoc rMM(1).Mm 6112 SW3 do snm t(1)Mn A. Bring to a park any alcoholic beverages, and no person may drink alcoholic beverages at any time in a park,except plcknickers,who may bring to a park, and drink,beer or wine with their picnic meal, so long as they conduct themselves in an orderly rrvumr, B. Enter or remain in a park while under the influence of intoxicating liquor or any dna C. Have brought,or have in his possession, or set off;or otherwise cause to explode or discharge or bum, any firecrackers,torpedoes,rockets, or other fireworks or explosives of in1lammable material, or discharge them or throw them into any such area from bM or any highway adjacent thereto. This prohibition includes any substance, compound,mixture or article that,in co4unctlon with any other substance or compound would be dangerous from any of the foregoing standpoints; D. No person having the control or care of arty dog, shall suffer 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 of a City-authorized event or program;and the owner and the attendant shaIl be responsible for any damage caused, in any event,by such do& even if on leash; R Lead,ride, drive,keep or let Bose any animal,reptile or fowl of any kind,without a permit to do so from the Director of parks and recreation; F. Make or kindle a fire for any purpose, 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 og any area in violation ofposted notices; H. Play or bet at or against arty game which is played,conducted, dealt,or carried on for money, chips, she% credit or any other representative ofvalue,or maintain or exhibit any gambling table or other instrument of gambling or Wming,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 of the public peace; J. Use,carry, or possess firearms of any description,or air rifles,spring guns,bow and arrows, stings or any other formas of weapons 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 Council; 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 clubs in any area of the park not designated for such use; N. Indulge in riotous,boisterous,threatening or indecent conduct Ale::/MAJSWaAC NVDmioads/doctimd(1).Mm 7112 Bf24l13 ' doaefft(1).hbe O. No person shall skate or rollerblade in a manner that causes damage to park amenities or threatens the safety or weft being ofpark patrons. Skating or rollerblading is prohibited on raised surfaces where signed. P. Feeding Waterfowl Prohibited.No person shall feed 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 any fountain,pond, lake, staeam,bay or other body ofwater in or adjacent to any park or any tributary,stream storm sewer or dram mowing into such waters,any substance,matter or thing, liquid 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 shall 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 fallowing; A. Fart to comply with all 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 trate; B. Fart to obey all traffic officers and park empbyees 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 trate 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 Been miles 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 ofparks and recreation; F. Park a vehicle in other than an established or designated parking area, and such use shall be in accordance with the posted directions there,and with the instructions ofany attendant who may be present; thewJiICAJSWBCNWW a toa*Jdocwwt(1)Jdm 8112 6124113' d=ffmrt(1).Mm G. Ride a motorcycle,motor bike,or shr&r 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 prohbited by posted signage. A bicyclist may wheel or push a bicycle by hand over any grassy area,wooded train,or over any other area in which bicycle riding is otherwise prohibited; I. Ride a bicycle other than on the rim side ofthe 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 times 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 meetig 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 Swinrning Restrictions. No person in a park shall swim bathe,wade in or pollute the water ofany fountain, pond, lake or strean4 except that wading and swimming shall be pemn3itted 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 6fthe following: A. Picnic or lunch 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 maxiam use of the park facilities for the comfort and convenience 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 comm, first served' B. Use any portion of the picnic areas,or any of the park buildings or strictures 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 exturguished. file:Ir/C:NsumiGsWoMoad&tbmrneM(9).Mm 9112 62413. d=rnud(1).ft Ord. 531, § 17,1972) 13.04.150 Advertising and Sale Restrictions. A. No person in a park shall,without prior permission from the City Council,do any ofthe 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,glue,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 shaft he station or place any stand,cart or vehicle FDr the sale or display of any article or thing,on a public street,within five hundred feet in a straight line from the nearest boundary of any Pte• Ord. 1886, (part),2001;Ord. 531, § 18, 1972) 13.04.190 Closing Hours—Prohibitions. No person in a park shaft do any ofthe fol!owing 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 mute order or resohrtion 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 tracer,camp trainer,pickup camper,or the Ike; C. Park or leave in a park, after closing hours, any vehicle. Signs shall be posted at all park entrances to notify park visitors ofthe efibcts ofparagmph C ofthla section. Ord. 754, § 1, 1976;Ord. 670, § 1, 1974;Ord. 531, § 19, 1972) 13.04.191 Towing of Vehicles Retraining after Closing Hours. Any vehicle or movable structure left in a park after closing hours may be towed away to a public garage at the owner's expense. Signs shall be posted at an park eines to notify park visitors ofthe effects ofthis section Ord. 752, § 1, 1976) 13.04.200 Closing Sections of Parks. fi eJ/C Nsers/Gary/DoWadoaament(1)htrn 10/12 6124h3. dommat(1)AM 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 features that it is deemed a valuable and irreplaceable resource rimy be designated by the City Council either by ordinance or resolution as a nature and/or rural preserve, in which event it shall be used and treated in a manner consistent therewith B. Uses shall be united to those which will maintain and protect the ecology of the area,conserve the natural features and scenic values, expand comamnity awareness and understanding of natural history and the environrnent,and provide enjoyment ofthe resources present consistent with their preservation. C. McClellan Ranch Park is designated a nature and rural preserve. Orsi. 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 and/or nual 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 conferred upon the City Manager those powers and duties necessary for the administration of this chapter.In addition,there is also conferred upon the City Manager the authority and power to designate such City offers and empbyees as may be required to carry out the intent and purpose ofthis chapter. Ord. 531, §22, 1972) 13.04.230 Enforcement Authority. The parks foreman, all park attendants and/or all peace officers authorized or directed by the City shall be fo 1 lCAJs sAGar/aawtiloadsldocur mst(1)AM 11112 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 documents for informational purposes only.These d000n1entS 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 sire,please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. 2013 American Legal Publishing Corporation tee hs upportBarriegal.com 1.800.445.5588. file:///C!Users/Gar}Mom,loadsldocurtmnt(1).htm 12112 Exhibit B—Explanation of Services Ever since its founding in 1993,the Friends of Stevens Creek Trail (FOSCT) has educated the public about the trail and wildlife corridor benefits, including getting people closer to nature in their own neighborhood,exercise,safer routes to schools,reducing car trips and pollution,and connecting people, neighborhoods,:and parks. Unfortunately it is easier to oppose new projects than to support them,and that has been the case for Stevens Creek Trail. From its very beginnings in Mountain View and Cupertino, people have questioned the need for an urban trail and the benefits of providing a safe and attractive car-free route for pedestrians and bicyclists.We gather support for the'trail and help spread the word about its many benefits,and help at the many public hearings needed to develop and finalize each new trail segment. There are always concerns and outright fears raised by residents living near each new proposed trail segment about traffic,safety,crime, property values,and other issues. We bring to the table the real-world experience of completed and now much loved trail segments-loved even by former trail opponents who now see its very positive influence on their neighborhood. Besides working steadily for the creation and extension of the trail,we: provide educational booths at Cupertino,Sunnyvale, Mountain View,and Los Altos festivals and Earth Day events; sponsor and operate educational activities at the annual Microsoft Green Kids Conference; provide free trail/bicycle maps and bicycle bells; organize annual trail and creek cleanups; financially support other organizations such as.Acterra that do environmental work at McClellan Ranch; have a student seat on our Board of Directors for a local high school student to learn by doing; network with nonprofits, businesses,developers, and government agencies who need more information about the trail; develop Creekipedia (an interactive online resource for information about the creek); maintain-a public website with trail information and links to other similar trails and organizations;and put on the annual Trailblazer Race:5K&10K runs, kids races,and a creek walking tour with an educational guide. We hold our public meetings at the McClellan Ranch house, usually the fourth Thursday each month from 7 to 9 P.M.