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89-150 Lease and Caretaker agreement for Simms House in McClellan Ranch Park, Reso 7982, Agreement for Purchase of Real Property under threat of Condemnation APN 357-6-12 rD A CITY OF CUPERTINO LEASE AND CARETAKER AGREEMENT FOR SIMMS HOUSE IN MCCLEL.L•AN RANCH PARK This Lease and Caretaker Agreement("AGREEMENT") is made by and between the City of Cupertino ("CITY')and Innovative Housing,Inc.("LESSEE"). The building to be leased by this AGREEMENT is commonly known as the"Simms House", and more particularly described as 22241 McClellan Road,McClellan Ranch Park,City of Cupertino,County of Santa Clara, State of California,("the"BUILDING"). This AGREEMENT is entered for the purpose of making available for lease of a building owned by CITY on the condition that: (1)the residents of the BUILDING qualify under the State of California and Federal Income Limits of very-low and low-income persons, and (2) that LESSEE is responsible for Caretaking duties of the BUILDING site as set forth in the terms of this AGREEMENT. CITY AND LESSEE AGREE AS FOLLOWS: 1. LEASE TERM: THE LEASE OF THE building shall commence on August 1, 1993 and end three years later,on July 31, 1996 at which time the lease may be renegotiated after evaluation by the CITY. 2. RENT: Rent shall be $900.00 per Month payable in advance on the 15th day of each calendar month. LESSEE shall pay rent to CITY at 10300 Torre Avenue,Cupertino,California,Attention:Finance Director,Room 101. In the event rent is not paid within 10 days after the due date,rent is deemed late and delinquent and a late charge of$20.00 plus interest at the rate of 10% per annum on the delinquent amount shall be assessed. LESSEE further agrees to pay$20.00 for each dishonored bank check. 3. SECURITY DEPOSIT: A security deposit in the amount of$225.00, not applicable toward the last month's rental payment,shall be due and payable on the 15th day of July, 1993. 4. UTILITIES: LESSEE shall be responsible for the payment of all utility bills applicable to the BUILDING during the term of this leases. 5. TENANTS: LESSEE shall be responsible for screening prospective tenants and assuring that each tenant allowed to reside in the BUILDING qualifies under the State and Federal Income Limits of very-low and low income. Further,LESSEE,will give preference to persons who live,work,and go to school or have families in the City of Cupertino. Guests shall not be allowed to stay in the BUILDING more than.five (5) days without first obtaining the written consent of CITY. 6. SUBLETTING AND ASSIGNMENT: LESSEE shall not assign,sublet or transfer this lease or any portion thereof. Any attempt to assign,sublet,or transfer shall be void and shall grant CITY grounds for terminating this lease. 7. INSURANCE: LESSEE shall maintain insurance as outlined in the Insurance and Indemnity Requirements,as set forth in Exhibit"B',attached hereto and incorporated herein by this reference. 8. - ANIMALS: No animal or other pet (except for properly trained dogs needed for the blind, deaf or physically handicapped persons),shall be kept on or about the premises without the prior written consent of CITY. 9. ORDINANCES AND STATUTES: Tenant(s)shall comply with Cupertino's Municipal Code and all State and Federal Statutes and Ordinances now in force,or which hereafter be in force,pertaining to the use of the BUILDING and McClellan Ranch Park. 10. MAINTENANCE AND REPAIRS: Tenant(s)shall,at their own expense,maintain the BUILDING in a clean and sanitary manner,including all equipment,appliances,and furnishings therein and shall surrender the BUILDING,upon the termination of this AGREEMENT,in as good condition as received,except for normal wear and tear. Tenant(s) shall be fully responsible for damages caused by their negligence and that of their family, invitees or guests. Tenant(s) shall not paint, paper or make alterations to the BUILDING without prior written consent from CITY. Tenant(s)shall maintain any surrounding grounds,which are part of the BUILDING site and are for the exclusive use of Tenant(s),including any lawn,ground cover,and shrubbery and keep such grounds clear of rubbish and weeds. the lawn or other ground cover may be located within a fenced area,not to exceed 30 feet by 30 feet, behind the BUILDING, and contain landscaping which is natural as possible, to be compatible with the surrounding park environment. 11. INDEMNIFICATION: CITY shall not be liable for any damage or injury to Tenant(s), or any other person,or to any property,occurring in the BUILDING or on any part of the BUILDING site,and Tenant(s)agree to hold CITY harmless from any claims for damages, unless such damage is the proximate result of negligence or unlawful conduct of CITY,its agents or employees. 2 ENTRY AND INSPECTION: CITY shall have the right to enter the BUILDING, during normal business hours upon a 24 hour prior notice to Tenant(s), to inspect, make necessary or agreed on repairs or alterations,supply necessary or agreed on services or to provide access for necessary or agreed on service people or contractors. 13. CARETAKER DUTIES: As Caretaker(s) of the BUILDING and the surrounding grounds, Tenant(s)promise to do the following: (a) obtain training from the City's Naturalist and become familiar with the McClellan Ranch Park rules and Chapter 13 of the Cupertino Municipal Code,which governs the use of parks and buildings of CITY. Periodically check the BUILDING and the surrounding 3.1 acres and report to CITY'S code enforcement any violations of the above referenced regulations found by Tenant(s) (a copy of Cupertino Municipal Code, Chapter 13, is attached hereto as Exhibit"C"); (b) notify the CITY'S Parks and Recreation office prior to any absence from the BUILDING for any extended period of time; (c) keep the access gate open during daylight hours and closed at all other times; (d) report incidents, such as park misuse and vandalism,and any emergencies such as burgarlies to the McClellan Ranch Caretaker. If the McClellan Ranch Caretaker is unavailable,contact the Sheriff's office. In the event the Sheriff's office is involved,report the incident to the Director of Parks and Recreation. (CITY will furnish LESSEE with a list of contact numbers prior to occupancy of the BUILDING) 14. RETURN OF KEYS: Upon termination of this AGREEMENT,the keys to the BUILDING,including all duplicated sets, are to be hand delivered to CITY'S Parks and Recreation Director or an authorized representative. 15. HOLDING OVER: Any holding over after the expiration of the lease term,with the written consent of CITY,shall be construed as a Month-to-Month tenancy in accordance with the terms of this AGREEMENT,until either party terminates the tenancy by giving the other party thirty(30) days written notice delivered by certified mail. 16. GROUNDS FOR TERMINATION: CITY retains the right to terminate this AGREEMENT upon any breach by LESSEE and/or Tenant(s)of any material term,provision,covenant or condition contain herein. 17. SEVERABILITY: If any term,provision,covenant or condition of this AGREEMENT is held by a court to be invalid,void or unenforceable, the rest of the AGREEMENT shall remain in full force and effect and shall in no way be affected,impaired or invalidated. 18. WAIVER: The failure of CITY to exercise any right hereunder shall not constitute waiver of such right. 19. ARBITRATION: In the event any dispute arises between CITY and LESSEE and/or Tenant(s) regarding their respective rights and obligations under this AGREEMENT, such dispute shall be submitted to binding arbitration. 20. ATTORNEY'S FEES: If legal action is commenced to enforce or to declare the effect of any provision of this AGREEMENT,the prevailing party shall be awarded attorney's fees and costs incurred in such action. 21. 1V Time is of the essence of this AGREEMENT. 22. EXHIBITS: All exhibits hereto, specifically Exhibit"A"Project Proposal Cover Page,Exhibit'B" Insurance and Indemnify Requirements with Certificate of Insurance,and Exhibit"C"Chapter 13 of Cupertino's Municipal Code are incorporated herein and made part of this AGREEMENT by this reference. 23. ENTIRE AGREEMENT: This AGREEMENT,consisting of four(4)pages,constitutes the entire AGREEMENT and supersedes any prior agreement between the parties hereto. LESSEE has executed this lease and Caretaker Agreement for Simms House in McClellan Ranch Park on this 26th day of July , 1993. B : E CLTTTVE D OR, ovative Housing,Inc. CITY has executed this lease and Caretaker Agreeme for S' s H e in McClellan Ranch Park on this 30th day of July, 1993. By: B WN,City Manager Attested By: CITY CLERK Approved as to Form: CITY ATTORNEY Attachments: Exhibit A-Project Proposal Cover Page Exhibit B-Insurance and Indemnity Requirements Exhibit C-Cupertino Municipal Code,Chapter 13 • Exhlblt A .,},•.,:,}}:}}}y:;.,,}}•.,}}}:4}:^}}}}a,}}v}Yaa,}a,vv,;r.:•na:•.♦ S yYaKvay,•.}a},�a} 5}Y�'•.} ........4.....>}.,}}}}}}}}:•:•?} ..r...:...:.... tL•h....;}::.}::::......r .... .... ......:....n...,.•:.......... ....:.,r..::::.....r..,.. 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Project Title: jAJtA►jr.@l} EQsf3 Total Protect Budget: Park Caretdket Services for Sim s HnIMP $:;r,'{'{i?2{1?kv::;:L}S}?,�5:.:.•,;�i•'.q;`{;'�,;k::7L{{.V•n'{.',4: Contact Person: Title: Maria Martin Interim Director Interim Director Organization: Address: 2tiYkCity State ZIP :1}ie •:<' .•{ ax ;:,r.;J!.ti kY�k{.;{.$•..{{}Jk,Y,.h�,+.tiJf.}{{�2 ;:?•f r Palo Alto, CA 94301 Executiv11e-- _Director (Please Print): Ex utive Director's lure: ;{r..;,}};{{,..;{{.• 4.n,{.,.}•;p•;n}, y,S`^'Y;4y};.},w.}.,.•.,;.}>:•kk.`,�p,:S;k:Y,.tkr:.};n;.y+;.}kv?:..v...:.:Y},•;LL4}:{F.?s.Yi±:•'sYi?kY•rr•L;'iJ•r,.?k:L{S^!i'}•`.:.:.;;c"7Y•:;cuY MY/+Yr i EXhlbit B EXHIBIT B Insurance and Indemnity Requirements Indemnity: Corporation agrees to indemnify and hold harmless the City of Cupertino, its officers, employees and elected officials, boards and commissions from all suits, actions, claims, causes of action, costs, demands, judgments and liens arising out of the Corporation's performance under the AGREEKERr, including the Corporation's failure to amply with or carry out any of the provisions of the AGRERMr. Insurance: Corporation shall take out prior to commencement of the performance of the terms of the AGREEMERr, pay for, and maintain until completion of the AGRE MERr, the following types of Policies. These Policies must cover at least the following, which are minnmum. coverages and limits. I. Comprehensive General Liability Insurance; including the following: A. premises Operations (including completed operations, if the exposure exists) . B. Broad Form Blanket Contractual. C. personal Injury coverages A, B and C. 1. All coverages must have a minumun of $500,000 combined single limit. II. Cormrehensive Auto Policy to cover: �- A. Non-owned. B. Hired Auto. - 1. These coverages must have a minummn of $500,000 combined single limit for bodily injury and property damages. III. Errors or Omissions coverage for attorneys and paralegals with a minumum limit of $500,000 per occurrence combined single limit with no more than $1,000 deductible per occurrence (where scope of services provides for attorneys and paralegals.) IV. Medical Malpractice Insurance: Minimum limits of $500,000 per occurrence with no greater deductible than $1,000 per occurrence. This is to cover all medical staff associated with the Corporation, such as, but not limited to, doctors, nurses, and paramedicals, (where scope of services provides for medical staff.) V. Workers Cassation• Coverage with the statutory limit of liability and $1,000,000 employer's liability. Erldorseme-nts: On all required insurance the followira endorsements must be a part of each policy A. The City of Cupertino, its officers and employees, and agents are to be additional insured. B. 'Thirty (30) days notice of cancellation or reduction in coverage of any nature mast be given to the City of Cupertino. C. The insurance policies mast be endorsed to show that they are primary, and any other valid and collectible insurance the City of Cupertino may have will be excess only. D. All insurance policies must be satisfactory to the City of Cupertino. marilyn\misc\simms l 13.04.010 Chapter 13.04 use of the parks and recreation buildings of the City in order that all persons may enjoy and GENERAL REGULATIONS make use of such parks and buildings and to protect the rights of those in the surrounding Sections: areas. (Ord. 531 § 1, 1972) 13.04.010 Purpose. 13.04.020 Definitions. 13.04.020 Definitions. 13.04.030 Compliance required. The following words and phrases, whenever 13.04.040 Park and/or building permit— used in this chapter,shall be construed as defined Required. in this section: 13.04.050 Park and/or building permit— A. "Buildings" includes those buildings, or Application. any portion thereof,under the supervision of the 13.04.060 Park and/or building permit— parks and recreation department made available Contents. to exclusive use permittees. 13.04.070 Park and/or building permit— B. "City" means the City of Cupertino. Granting or denial. 13.04.080 Park and/or building permit— C. "City Manager" means the City Manager Appeal. of the City of Cupertino. 13.04.090 Park and/or building permit— D. "Park" means a park, reservation, play- Fees and deposit. ground,swimming pool,recreation center or any 13.04.100 Park and/or building permit— other area in the City,owned or used by the City Liability. or county and devoted to active or passive recrea- 13.04.110 Park and/or building permit— tions. Revocation. E. "Permit" means a permit for exclusive use 13.04.120 Use of park property. of parks or buildings as provided for and defined 13.04.130 Behavior of persons in parks. in this chapter. . 13.04.140 Sanitation requirements. F. "Persons" include persons, associations, 13.04.150 Vehicle requirements. partnerships, firms and corporations, or any 13.04.160 Swimming restrictions. company organization of any kind. 13.04.170 Picnic area use restrictions. G. "Sound amplifying equipment" means 13.04.180 Advertising and sale any machine or device for the amplification of restrictions. the human voice, music, or any other sound. 13.04.190- Closing hours—Prohibitions. "Sound amplifying equipment" does not 13.04.191 Towing of vehicles remaining include standard automobile radios when used after closing hours. and heard only by the occupants of the vehicle in 13.04.200 Closing sections of parks. which the automobile radio is installed. "Sound 13.04.201 Nature and/or rural preserve. amplifying equipment," as used in this section, 13.04.202 Regulations and guidelines. does not include warning devices on authorized 13.04.210 Lost articles. emergency vehicles or horns or other warning 13.04.220 Administrative authority. devices of any vehicle used only for traffic safety 13.04.230 Enforcement authority. purposes. 13.04.240 Violation—Penalty. H. "Vehicle" means any wheeled con- veyance, whether motor-powered, animal- 13.04.010 Purpose. drawn, or self-propelled. The term includes any The purpose of this chapter is to regulate the trailer in tow of any size, kind or description. 347 13.04.020 Exception is made for baby carriages, wheel- before the date such proposed activity is to be chairs, and vehicles in the service of the City conducted. (Ord. 531 § 5, 1972) parks. I. "Nature and/or rural.preserve" means a 13.04.060 Park and/or building permit— park so designated by the City Council pursuant Contents. to Section 13.04.201.(Ord.710(part), 1975;Ord. The application shall contain the following: 531 § 2, 1972) t A. Name of the applicant, the sponsoring organization, and the name of the person in 13.04.030 Compliance required. charge of the proposed activity; No person shall enter, be, or remain in any B. The addresses and telephone numbers of park or building of the City unless he complies those named in subsection A. above; with all of the regulations set forth in this chapter C. The park and/or building, or room being applicable to such park or building.(Ord.531§3, applied for; 1972) D. The starting time of the proposed activity; E. The finishing time of the proposed activity; 13.04.040 Park and/or building permit— F. The number of persons expected; Required. G. Additional City facilities requested, such The City's parks and/or buildings shall be as personnel, tables, chairs, etc.; made available for the exclusive use of persons H. The nature of the proposed activity or and groups subject to the issuance of a permit by activities including equipment and vehicles to be the City Manager. No exclusive use of any park brought into the park,nature and duration of the and/or buildings for pre-advertised assemblies or use of any amplified sound, whether speech or groups may be made without the issuance of a music; permit therefor.All applications for exclusive use I. The form of application shall be provided must be signed or cosigned by an adult, which or prescribed by the parks and recreation depart- adult shall agree to be responsible for said ment. (Ord. 531 § 6, 1972) exclusive use. No exclusive use permit will be granted if, prior to the time the application was 13.04.070 Park and/or building permit— filed, the City has scheduled a City-sponsored Granting or denial. event at the same time and place as the activity A. The City Manager shall grant or deny such proposed in the application;if the requested time application on or before four days after the filing and place has been pre-empted by a previously of the application unless the time for such grant- issued permit, or if cause for denial is found to ing or denial of the permit has been waived by the exist. (Ord. 531 §4, 1972) applicant in writing. The decision granting or denying said application shall be mailed to the 13.04.050 Park and/or building permit— applicant. Application. B. The City Manager,in granting the applica- Any person applying for a permit hereunder tion, may impose reasonable requirements and shall file an application for such permit with the conditions concerning the use of the park or City Manager not less than fourteen days nor building by the applicant. more than sixty days prior to the proposed use of C. The City Manager shall grant the applica- said park and/or building. The City Manager, tion when the application contains information where good cause is shown therefor, shall have showing that the number of persons expected at the authority to consider any application here- the activity complies with the occupancy load of under which is filed less than fourteen days the building and upon granting such permit may 348 ` 13.04.070 �. impose reasonable requirements and conditions Council.A notice of appeal shall be filed with the concerning the use of said building with respect City Clerk within five days of the City Manager's to time and duration of use and number of per- mailing the notice of denial of the application for sons allowed in the building. a permit. The City Council shall act upon the D. The City Manager may grant the applica- appeal at its next meeting following receipt of tion for a building other than that applied for notice of appeal and its decision shall be final. with the consent of the applicant in the event that (Ord. 531 § 8, 1972) a permit has already been issued for said building or that the building does not meet the occupancy load requirements. In the event that more than 13.04.090 Park and/or building permit—Fees one application is received for one park or build- and deposit. ing for use at the same time, the City Manager Upon the granting of a permit under this chap- shall first act upon the application first received. ter, any fees or deposits required for the use of E. The City Manager shall deny the applica- City personnel, building, equipment, and facili- tion if he finds: ties shall be contained in said permit and said fees 1. That the proposed activity or use will or deposits shall be paid by the applicant within unreasonably interfere, or detract from the pro- ten days of the receipt of said permit. If said fees motion of the public health, welfare, safety and or deposits are not paid within said ten days, recreation; then, in that event, the permit therefor issued 2. That the proposed activity or use is antici- shall be null and void: pated to incite violence,crime or disorderly con- A. Building fees and charges have been estab- duct; lished and are regulated by the type of organiza- 3. That the proposed activity or use will entail tion. or individual usage proposed by the �– unusual, extraordinary, or burdensome expense application and such fees are subject to change as or police operation by the.City; required by personnel or City costs; 4. That the City has scheduled an activity at the same time and place as the activity proposed B. Building deposit fees are refundable upon approval of the City Manager, providing no by the applicant; 5. That the application reveals that the City damage arises from applicant's usage.(Ord.531§ has no park which will accommodate the activity 9, 1972) of the applicant; 6. That the applicant refuses to agree in writ- 13.04.100 Park and/or building permit— ing to comply with any and all conditions in the Liability. .permit; Persons to whom an exclusive use permit has 7. That the applicant fails to file a timely been granted must agree in writing to hold the application, unless waived in writing by the City City harmless and indemnify the City from any Manager. F. All denials for applications for permits and all liability for injury to persons or property shall specify the grounds therefor. (Ord. 531 § 7, ocurring as a result of the activity sponsored by 1972) the permittee and said person shall be liable to the City for any and all damage to parks, facili- 13.04.080 Park and/or building permit— ties, and buildings owned by the City, which Appeal. results from•the activity of permittee or is caused The applicant shall have the right to appeal the by any participant in said activity.(Ord.531§ 10, denial of a permit by the City Manager to the City 1972) 349 13.04.110 13.04.110 Park and/or building permit— injure or impair the natural beauty or usefulness Revocation. of any areas; The City Manager shall have the authority to G. Climb any tree or walk, stand or sit upon refuse a permit upon a finding that any use or any monuments, vases, fountains, railing, activity is in violation of the provisions of this fences, or upon any other property not desig- chapter,or any other ordinance of the City,or of nated or customarily used for such purposes; any rule promulgated hereunder, or upon good H. Hunt, molest, harm, frighten, kill, trap, cause shown. (Ord. 531 § 11, 1972) chase, tease, shoot or throw missiles at any ani- mal,reptile,or bird;nor shall any person remove or have in his possession the young of any wild 13.04.120 Use of park property. animal,or the eggs or nest or young of any reptile No person in a park shall do any of the follow- or bird. Exception to the foregoing is made in ing: A. Wilfully mark, deface, disfigure, injure, that snakes known to be deadly poisonous,such tamper with or displace or remove any buildings, as rattlesnakes, or other deadly reptiles may bekilled on sight; bridges, tables, benches, fireplaces, railing, pav- I. Use any system for amplifying sounds, ing or paving material,water lines or other public whether for speech or music or otherwise,unless utilities or parts or appurtenances whatsoever, an exclusive use permit is first secured.(Ord. 531 either real or personal; § 12, 1972) B. Litter, soil or defile restrooms. No person over the age of six years shall use restrooms and 13.04.130 Behavior of persons.in parks.' washrooms designed for the opposite sex; No person in a park shall do any of the follow- C. Dig or remove any soil,rock,stones,trees, ing: shrubs or plants, down timber or other wood or A. Bring to a park any alcoholic beverages, materials, or make any excavation by tool, and no person may drink alcoholic beverages at equipment,blasting or other means or agency. It any time in a park. Picknickers may bring to a is unlawful to gather firewood or to collect within park, and drink, beer or wine with their picnic the park any type of plant material for the pur- lunches,so long as they conduct themselves in an pose of building a campfire; orderly manner; D: Construct or erect any building or struc- B. Enter or remain in a park while under the ture of whatever kind, whether permanent or influence of intoxicating liquor or any drug; temporary in character,or run or string any pub- C. Have brought,or have in his possession,or lic service utility into,upon or across such lands, set off,or otherwise cause to explode or discharge except on special written permit issued under or burn, any firecrackers, torpedoes, rockets, or this chapter, other fireworks or explosives of inflammable E. Go upon any lawn or grass plot, where material, or discharge them or throw them into prohibited by the parks and recreation depart- any such area from land or any highway adjacent ment,and where such prohibition is indicated by thereto.This prohibition includes any substance, proper and legible signs; compound, mixture or article that, in conjunc- F. Damage, cut, carve, transplant or remove tion with any other substance or compound any tree or plant, or injure the bark, or pick the would be dangerous from any of the foregoing flowers or seeds of any tree or plant.Nor shall any standpoints; person attach any rope, wire, or other contriv- D. No person having the control or care of ance to any tree or plant. No person shall dig in, any dog shall suffer or permit such dog to enter or or otherwise disturb any grass area,or in any way remain in a park,unless posted for such use,and 350 D 13.04.130 �. then only if it is led by a leash of suitable strength 13.04.140 Sanitation requirements. not more than six feet in length; and the owner No person in a park shall do any of the follow- and the attendant shall be responsible for any ing: damage caused,in any event,by such dog,even if A. Throw, discharge or otherwise place or on leash; cause to be placed in the waters of any fountain, E. Lead,ride,drive, keep or let loose any ani- pond,lake,stream,bay or other body of water in mal,reptile or fowl of any kind,without a permit or adjacent to any park or any tributary,stream, to do so from the Director of parks and recrea- storm sewer or drain flowing into such waters, tion; any substance, matter or thing, liquid or solid, F. Make or kindle a fire for any purpose, which will or may result in the pollution of such except at places provided for such purpose, waters; unless prior special permission be obtained B. Dump,deposit or leave any bottles,broken therefor from the Director; glass,ashes,paper,boxes,cans,refuse or trash on .G. Enter an area posted as "Closed to the the grounds thereof.Such items shall be placed in Public,"and no person shall use, or abet the use the proper receptacles where these are provided; of, any area in violation of posted notices; and,where such receptacles are not provided,all H. Play or bet at or against any game which is such rubbish or waste shall be carried away from played, conducted, dealt, or carried on for the park by the person responsible for its pres- money,chips,shell,credit or any other represen- ence, and properly disposed of elsewhere. (Ord. tative of value, or maintain or exhibit any gam- 531 § 14, 1972) bling table or other instrument of gambling or gaming, or play any game prohibited by any 13.04.150 Vehicle requirements. other ordinance of the City; No person in the park shall do any of the I. Sleep, or protractedly lounge, on the seats, following: benches, or other areas, or engage in loud, bois- A. Fail to comply with all applicable provi- terous, threatening, abusive, insulting, or inde- sions of the Vehicle Code of the state in regard to cent language, or engage in any disorderly equipment and operation of vehicles, together conduct or behavior tending to a breach of the with such regulations as are contained in this public peace; chapter and any other ordinances of the City J. Use, carry, or possess firearms of any regulating traffic; description, or air rifles, spring guns, bow and B. Fail to obey all traffic officers and park arrows, slings or any other forms of weapons employees who are hereafter authorized and potentially dangerous to wild life or to human instructed to direct traffic in the parks in accord- safety. Shooting into park areas from beyond ance with the provisions of this chapter and such park boundaries is prohibited; supplementary regulations as may be issued by K. Solicit alms or contributions for any pur- the Director; pose, whether public or private, without prior C. Fail to observe carefully all traffic signs permission from the City Council; indicating speed, direction, caution, stopping or L. Use or allow the use of powered model parking and all other signs posted for proper airplanes except in areas so designated by the control and to safeguard life and property; department of parks and recreation; D. Ride or drive a vehicle at a rate of speed M. Play or practice golf or use golf clubs in exceeding fifteen miles an hour, except upon any area of the park not designated for such use; such roads as the City may designate by posted N. Indulge in riotous,boisterous,threatening signs for speedier travel; or indecent conduct. (Ord. 531 § 13, 1972) E. Drive any vehicle on any area except paved 351 i 13.04.150 roads or parking areas,or such other areas as may 13.04.170 Picnic area use restrictions. be specifically designated as temporary parking No person in a park shall do any of the follow- areas by the department of parks and recreation; ing: F. Park a vehicle in other than an established A. Picnic or lunch in a place other than one or designated parking area,and such use shall be designated for that purpose. Attendants shall in accordance with the posted directions there, have the authority to regulate the activities in and with the instructions of any attendant who such areas,when necessary to prevent congestion may be present; ' and to secure the maximum use of the park G. Ride a motorcycle, motor bike, or similar facilities for the comfort and convenience of all. vehicle in any park, except where used to trans- Visitors shall comply with any directions given to port invalid persons; achieve this end. Individual fireplaces or tables H. Ride a bicycle on other than a paved road and benches shall be used on the basis of"first or path designated for that purpose. A bicyclist come, first served"; shall be permitted to wheel or push a bicycle by B. Use any portion of the picnic areas, or any hand over any grassy area or wooded trail, or on of the park buildings or structures for the purpose any paved area reserved for pedestrian use; of holding picnics, to the exclusion of other per- I. Ride a bicycle other than on the righthand sons,and no person shall use such area and facili- side of the road paving as close as conditions ties for an unreasonable length of time if they are permit, and bicycles shall be kept in single file crowded; when two or more are operating as a group. C. Leave a picnic area before a fire started or Bicyclists shall at all times operate their machine later used by him is completely extinguished. with reasonable regard to the safety of others, (Ord. 531 § 17, 1972) signal all turns,pass to the left of any vehicle they are overtaking and pass to the right of any vehi- 13.04.180 Advertising and sale restrictions. cles they may be meeting; A. No person in a park shall, without prior J. Ride any other person on a bicycle, except permission from the City Council,do any of the where the bicycle is built for operation by more following: than one person; 1. Expose or offer for sale any article or thing, K. Leave a bicycle in a place other than a nor shall he station or place any stand, cart or bicycle rack where a bicycle rack is provided and vehicle for the transportation, sale or display of there is space available; any such article or thing; L. Leave a bicycle lying on the ground or 2. Announce, advertise or call the public paving, or set against trees, or in any place or attention in any way to any article or service for position where other persons may trip over or be sale or hire; injured by it. (Ord. 531 § 15, 1972) 3. Paste,glue,tack or otherwise post any sign, placard, advertisement or inscription. B. In addition, in order to insure the public 13.04.160 . Swimming restrictions. safety, health and general welfare, no person No person in a park shall swim,bathe,wade in shall expose or offer for sale any article or thing, or pollute the water of any fountain, pond, lake nor shall he station or place any stand, cart or or stream, except that wading and swimming vehicle for the sale or display of any article or shall be permitted in pools specifically provided thing, on a public street, within one thousand for these purposes,and so posted.(Ord. 531§ 16, feet in a straight line from the nearest boundary 1972) of any park. (Ord. 531 § 18, 1972) 352 13.04.190 13.04.190 Closing hours—Prohibitions. City Council either by ordinance or resolution as No person in a park shall do any of the follow- a nature and/or rural preserve,in which event it ing: shall be used and treated in a manner consistent A. Remain, stay or loiter in any public park, therewith. between the hours of ten p.m.and six a.m.of the B. Uses shall be limited to those which will following day,or as may otherwise be designated maintain and protect the ecology of the area, by minute order or resolution of the City Coun- conserve the natural features and scenic values, cil.The opening and closing hours for each indi- expand community awareness and understand- vidual park shall be posted therein by the ing of natural history and the environment, and department of parks and recreation for public provide enjoyment of the resources present con- information; sistent with their preservation. B. Set up tents or other temporary shelter for C. McClellan Ranch Park is designated a the purpose of overnight camping, nor shall any nature and rural preserve.(Ord.710(part), 1975) person park or leave in a park, after closing hours, any vehicle or movable structure to be 13.04.202 Regulations and guidelines. used, or that counld be used, for such purposes, The City Council shall by resolution adopt such as a horse trailer, camp trailer, pickup regulations controlling the use and guidelines camper, or the like; pertaining to the development of any part desig- C. Park or leave in a park,after closing hours, nated as a nature and/or rural preserve.Any such any vehicle. Signs shall be posted at all park regulations adopted by the City Council shall, entrances to notify park visitors of the effects of where inconsistent therewith, take precedence paragraph C of this section. (Ord. 754 § 1, 1976: over any general regulations contained in Chap- Ord. 670 § 1, 1974;Ord. 531 § 19, 1972) ter 13.04. (Ord. 710(part), 1975) 13.04.191 Towing of vehicles remaining after 13.04.210 Lost articles. closing hours. The finding of lost articles in.parks shall be Any vehicle or movable structure left in a park reported to the department of parks and recrea- after closing hours may be towed away to a public tion or the park department personnel on duty. garage at the owner's expense. Signs shall be (Ord. 531 § 21, 1972) posted at all park entrances to notify park visitors of the effects of this section. (Ord. 752§ 1, 1976) 13.04.220 Administrative authority. 13.04.200 Closing sections of parks. There is conferred upon the City Manager Any section or part of a park may be declared those powers and duties necessary for the admin- closed to the public by the Director of parks and istration of this chapter.In addition,there is also recreation at any time, and for any interval of conferred upon the City Manager the authority time, either temporarily or at regular and stated and power to designate such City officers and intervals(daily or otherwise), and either entirely employees as may be required to carry out the or merely to'certain uses, as the Director may intent and purpose of this chapter.(Ord.531§22, reasonably find necessary. (Ord. 531 § 20, 1972) 1972) 13.04.201 Nature and/or rural preserve. 13.04.230 Enforcement authority. A. Any park characterized by such unique The parks foreman,all park attendants and/or natural features that it is deemed a valuable and all peace officers authorized or directed by the irreplaceable resource may be designated by the City shall be responsible for the enforcement of 353 13.04.230 the provisions of the chapter and of any rule promulgated hereunder. (Ord. 531 §23, 1972) 13.04.240 Violation—Penalty. Any person who violates the provisions of this chapter shall be guilty of an infraction and upon conviction thereof shall be punished as provided in Chapter 1.12.(Ord. 1179 §2(part), 1982:Ord. 531 § 25, 1972) 354 CITY OF CUPERTINO INTERDEPARTMENTAL Date Nov. 22, 1989 To CITY CLERK From PUBLIC WORKS--SUMI CI Information MESSAGE: AGREEMENT TO PURCHASE SIMMS PROPERTY (CC 11/20/89) CI Implement CI Investigate Transmitted for processing are three sets of the referenced CI Discuss _ document. After signatures of city officials, ple sa e retuth—', I See me - - -- ---- --- -- - - _ all copies t.o-fh s� office for�coo.rdinat ori'o`fltlie-purchase Reply ---- --�-�_�_ _ ------ - -- ----�_, process;=_s.uch_ as opening of escrow;`etc sm attach. fes; S Reply: SIGNED: DATE Send parts 1 and 2; retain part 3 .for follow-up; part 2 to be returned with reply v 1 RESOLUTION NO. 7982 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF AGREEMENT FCR PURCHASE OF REAL PROPERTY SIMMS PROPERZ Y ON MCCLELLAN ROAD WHEREAS, the City Council previously approved the purchase of the Sims Property luted north of McClellan Road adjacent to the City's McClellan Ranch Park on the west side of Stevens Creek; and SEAS, said acquisition is in accordance with the City's General Plan Open Space element; and WHEREAS, there has been presented to the City Council a proposed agreement providing for the purchase of said real property; and MEREAS, the terms and conditions of said agreement have been reviewed and approved by the Director of Public Works and the City Attorney; NOW, MMMM, BE IT RESOLVED, that the City Council of the City of Cupertino herby approves said agreement and authorizes the Mayor and the City Clerk to execute said agreement in behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 20th day of November 1989 by the following vote: Vote Members of the City Council AYES: Goldman, Koppel, Sorensen, Szabo, Rogers NOES: None ABSENT: None ABS4=: None ATTEST: APPROVED: /s/ Dorothy Cornelius /s/ Barbara A. Rogers City Clerk Mayor, City of Cupertino AGREEMENT FOR PURCHASE OF REAL PROPERTY UNDER THREAT OF CONDEMNATION THIS IS AN AGREEMENT between the City of Cupertino , California referred to herein as "City" , and the Estate of Clifford J. Simms , Sr. , Deceased, referred to herein as "Simms" . IT IS AGREED between the parties as follows: 1 . Description of Property: In lieu of condemnation, the City agrees to purchase and Simms agrees to sell all, except as otherwise indicated herein, of that certain real property situated in the County of Santa Clara, City of Cupertino, generally described as APN 357-6-12, more particularly described in Exhibit A hereto, referred to herein as the "Property" . 2. Purchase Price: The purchase price for the Property shall be One Million One Hundred and Fifty Thousand Dollars ($1 , 150, 000. 00) , to be paid into escrow at least five (5) days prior to closing thereof. 3. Escrow: This transaction shall be handled through an escrow with Valley Title Company, 300 South First Street, San Jose, California, under an escrow number to be assigned. Escrow shall close no later than December 18 , 1989 , or this agreement shall automatically terminate, time being of the essence. Escrow shall open by no later than November 239 1989 . 4. Allocations of Costs : Documentary stamps on the Grant Deed and the premiums for the policy of title insurance and escrow fees shall be paid by Simms . The cost of recording the Grant Deed shall be paid by the City. Rents , taxes, interest and other expenses of the property shall be prorated as of the date of close of escrow. 5 . Evidence of Title: Evidence of title shall be in the form of a C.T .L.A. policy of title insurance . 6. Conditions of Sale: It is expressly understood and agreed that this transaction is subject to the following conditions : (a) Reserved Buildable Lot. There shall be reserved by Simms from the Property described in Exhibit A one ( 1 ) buildable lot, with two (2) curb-cuts onto Scenic Boulevard, which lot shall be excluded from this sale . Said "buildable lot" s a shall be of the approximate size and location delineated in red on the Map attached hereto as Exhibit B, which shall be more particularly described before close of escrow by a survey provided by City, and shall be duly subdivided by the City from the Property being sold hereby at the City' s expense and the Final Map recorded within 120 days of close of escrow. (b) Soil Tests . Simms hereby discloses to the City that the Property was used as a tractor yard, and that underground and above-ground fuel tanks have previously been stored and used on the Property, and that from time to time herbicides and other chemicals used by the Simms in their weed- abatement business have been stored on the Property. Simms represents that it has no knowledge or information of or regarding any toxic contamination of the Property, and Simms covenants to notify City if Simms obtains actual knowledge of some fact or circumstance which renders said representations untrue prior to close of escrow. Upon execution of this agreement, the City shall have, the right, at its own expense, to go upon the Property at reasonable times and upon reasonable notice to conduct reasonable soil tests , water monitoring tests and an environmental compliance audit, to ascertain whether the Property is suitable for the use and/or improvements that the .City proposes to make . The City shall be responsible for the repair and restoration of any damage which may be caused by such tests. The City shall provide Simms at no cost with copies of all test results , studies, reports and other information resulting from said tests and audits . If, in the reasonable opinion of the soil engineer and/or other experts employed by the City, acting in good faith, the Property is not suitable, because of toxic contamination, for the proposed use and/or development planned by the City, then at the option of either party this agreement may be terminated and any deposits shall be refunded. The City shall have 45 days from date of opening of escrow within which to complete all such tests , audits and reports relating to the Property and to notify Simms in writing of its election to terminate this agreement on the grounds the Property is not suitable because of toxic contamination. Failure of the City to give such a notice within the time indicated shall be deemed to be a waiver of this condition. City is acquiring the Property "As is" , based solely on its own investigation of, and determination of the condition of, the Property. ( c) Examination of Title . Fifteen (15 ) calendar days from date of acceptance hereof are allowed the City to examine the title to the property and to report in writing any valid objections thereto. Any objections to the title which would be disclosed by examination of the records shall be deemed to have been accepted unless reported in writing within said fifteen ( 15 ) calendar days . If the City objects to any exceptions to the title, Simms shall proceed with due diligence to remove such exceptions at Simms own expense before close of escrow, except 2 a that should it appear before close of escrow that such expenses would exceed $5000. 00, Simms shall have the further option to terminate this agreement. In any event, if such exceptions cannot be removed before close of escrow, dispite Simms ' reasonable attempts to do so , at the election of either party hereto, all rights and obligations hereunder shall terminate .and any deposits shall be returned to the City. Both parties shall cooperate in taking reasonable steps to remove exceptions to the title . To the extent reasonably possible , this provision shall be kept confidential so as to .enable Simms to remove such exceptions at the lowest possible cost. Escrow shall close no later than December 22, 1989. 7. Encumbrances, Taxes and Assessments : The City shall take title to the Property subject to i real estate taxes not yet due, and (ii) encumbrances, conditions, restrictions , rights of way and easements of record which do not materially affect the value or intended use of the Property. Any assessments and/or improvement bonds in existence prior to the date of close of escrow shall be paid by Simms, except that any assessments and/or improvement bonds payable in installments shall be pro-rated as of close of escrow, 8. McClellan Road Construction License: The Property sold hereunder, and the price being paid therefor, expressly include, without limitation, that strip of land contingent to McClellan Road, being a portion of the Property, which is the subject of that certain Temporary Construction License, dated October 13, 1988, whereby Marion Simms Hart, as Conservator of the Estate of Clifford J. Simms , Sr. , granted to the City the right to enter upon the Property for purposes of constructing improvements on said strip of land, including but not limited to driveways, curbs, landscaping and irrigation, and drainage inlets . In the event the purchase and sale in lieu of condemnation contemplated by this agreement is not completed, the City shall be indebted to Simms for all damages suffered by Simms from the taking of said strip of land . 9. Lease Warranty: Simms warrants that there are no oral or written leases on all or any portion of the Property exceeding a period of month-to-month. 10. Time of Essence : Time is of the essence as to each and every provision and condition of this agreement. 11 . Approval by Court: This agreement is contingent upon the approval of this sale, at least five ( 5) days prior to close of escrow, by the Santa Clara County, California Superior Court, having jurisdiction over the Estate of Clifford J. Simms , Sr. , Decedent. 3 �M1 l+ 4 12. Possession: Subject to the terms of the Temporary Construction License between the parties dated October 13 , 1988 , Simms shall retain possession of the Property up to and including the date of recording of the Grant Deed conveying title to the Property to the City. Simms shall be entitled to all rents from the Property up to and including the date of transfer of title . All rents collected by Simms applicable to any period after the date of transfer shall be paid to City. Either party to this agreement receiving rents to which the other party is entitled shall forthwith pay that amount to the other as is necessary to comply with the provisions of this paragraph. In no event, however, shall the City be responsible for collection of rents applicable to the period up to and including the date of transfer of title. 13 . Entire Agreement: This agreement expresses the entire agreement by and between Simms and the City. If either party to this agreement shall institute any legal action against the other party to this agreement, the prevailing party shall be entitled to reasonable attorneys fees and costs in addition to any other judgment of the Court. IN WITNESS WHEREOF, City has executed this agreement as of 1989. CITY OFC PERTINO A4 by /�,, a7�� Mayor, City. of r tino Cit Clerk AFCEPTED VAND AGREED: APP V As TO F 'RM: DATED: ;a �o.,rN-,r� tZ :2�� ,1989 • 'Cl ,� e✓ ity Attorney arion Simms Hart as Co-Executors of the Will and Estate of Clifford J. Simms , Sr. , Decedent 63/7563AGR .KO3 4 a CITY OF CUPERTINO LEASE AND CARETAKER AGREEMENT FOR SIMMS HOUSE IN MCC EE TM RANCH PARK This Lease and Caretaker Agreement (11AGREQV1ENT11) is made by and between the City of Cupertino ("CITY") and Innovative Housing, Inc. ("LESSEE").. The building to be leased by this AGREEMENT is coimonly known as the "Simms House", and more particularly described as 22241 McClellan Road, McClellan Ranch Park, City of Cupertino, County of Santa Clara, State of California, (the "BUILDING") . This AGREEMENT is entered for the purpose of making available for lease of a building owned by CITY on the condition that: (1) the residents of the BUILDING qualify under the State of California and Federal Income Limits of very low or low-income persons, and (2) that LESSEE is responsible for Caretaking duties of the BUILDING site as set forth in the terms of this AG ENT. CITY AND LESSEE AGREE AS FOLLOWS: 1. LEASE TERM: The lease of the BUILDING shall continence on August 1, 1991 and end two years later, on July 31, 1993, at which time the lease may be renegotiated after evaluation by the CITY. 2. RENT: Rent shall be $900.00 per Month payable in advance on the 15th day of each calendar month. LESSEE shall pay rent to CITY at 10300 Torre Avenue, Cupertino, California, Attention Finance Director, Room 101. In the event rent is not paid within 10 days after the due date, rent is deemed late and delinquent and a late charge of $20.00 plus interest at the rate of 10% per annum on the delinquent amount shall be assessed. LESSEE further agrees to pay $20..00 for each dishonored bank check. 3. SECURITY DEPOSIT: A security deposit in the amount of $225.00, not applicable toward the last month's rental payment, shall be due and payable on the 15th day of July, 1991. 4. UTILITIES: LESSEE shall be responsible for the payment of all utility bills applicable to the BUILDING during the term of this lease. 5. TENANTS: LESSEE will be responsible for screening prospective tenants and assuring that each tenant allowed to reside in the BUILDING qualifies under the State and Federal Income Limits of very low or low income. Further, LESSEE will give preference to persons who live, work, go to school or have families in the City of Cupertino. Guests shall not be allowed to stay in the BUILDING more than five (5) days without first obtaining the written consent of CITY. 6. SUBLETTING AND ASSICNMENT: LESSEE shall not assign, sublet or transfer this lease or any portion thereof. Any attempt to assign, sublet, or transfer shall be void and shall grant CITY grounds for terminating this lease. 7. INSURANCE: LESSEE shall maintain insurance as outlined in the Insurance and Indemnity Requirements, as set forth in Exhibit "B", attached hereto and incorporated herein by this reference. 8. ANIMALS: No animals shall reside in, or on the site of, the BUILDING without prior written consent from CITY. 9. ORDINANCES AND SMVQT 'S: Tenant(s) shall comply with Cupertino's Municipal Code and all State and Federal Statutes and Ordinances now in force, or which may hereafter be in force, pertaining to the use of the BUILDING and McClellan Ranch Park. 10. MAINTENANCE AND REPAIRS: Tenant(s) shall, at their own expense, maintain the BUILDING in a clean and sanitary manner, including all equipment, appliances, and furnishings therein and shall surrender the BUILDING, upon the termination of this AGREEMENT, in as good condition as received, except for normal wear and tear. Tenant(s) shall be fully responsible for damages caused by their negligence and that of their family, invitees or guests. Tenant(s) shall not paint, paper, or make alterations to the BUILDING without prior written consent from CITY. Tenant(s) shall maintain any surrounding grounds, which are part of the BUILDING site and are for the exclusive use of Tenant(s) , including any lawn, ground cover, and shrubbery and keep such grounds clear of rubbish and weeds. The lawn or other ground cover may be located within a fenced area, not to exceed 30 feet by 30 feet, behind the BUILDING, and contain landscaping which is natural as possible, to be compatible with the surrounding park environment. 11. INDEMNIFICATION: CITY shall not be liable for any damage or injury to Tenant(s) , or any other person, or to any property, occurring in the BUILDING or on any part of the BUILDING site, and Tenant(s) agree to hold CITY harmless from any claims for damages, unless such damage is the proximate result of negligence or unlawful conduct of CITY, its agents or employees. 12. ENTRY AND INSPECTION: CITY shall have the right to enter the BUILDING, during normal business hours upon a 24 hour prior notice to Tenant(s) , to inspect, make necessary or agreed on repairs or alterations, supply necessary or agreed on services or to provide access for necessary or agreed on service people or contractors. 13. CARETAKER DUTIES: As Caretaker(s) of the BUILDING and the surrounding grounds, Tenant(s) promise to do the following: (a) obtain training from the City's Naturalist and become familiar with the McClellan Ranch Park rules and Chapter 13 of the Cupertino Municipal Code, which governs the use of parks and buildings of CITY. Periodically check the BUILDING and the surrounding 3.1 acres and report to CITY'S code enforcement any violations of the above referenced regulations found by Tenant(s) (a copy of Cupertino Municipal Code, Chapter 13, is attached hereto as Exhibit "C") ; (b) notify the CITY'S Parks and Recreation office prior to any absence from the BUILDING for any extended period of time; (c) keep the access gate open during daylight hours and closed at all other times; (d) report incidents, such as park misuse and vandalism, and any emergencies, such as burglaries, to the McClellan Ranch Caretaker. If the McClellan Ranch Caretaker is unavailable, contact the Sheriff's office. In the event the Sheriff's office is involved, report the incident to the Director of Parks and Recreation. (CITY will furnish LESSEE with a list of contact numbers prior to occupancy of the BUILDING.) 14. RE uRN OF KEYS: Upon termination of this AGRM=, the keys to the BUILDING, including all duplicated sets, are to be hand delivered to CITY'S Parks and Recreation Director or an authorized representative. 15. HOLDING OVER: Any holding over after the expiration of the lease term, with the written consent of CITY, shall be construed as a Month-to-Month tenancy in accordance with the terms of this AGREEMENT, until either party terminates the tenancy by giving the other party thirty (30) days written notice delivered by certified mail. 16. GROUNDS FOR TERMINATION: CITY retains the right to terminate this AGREEMENT upon any breach by LESSEE and/or Tenant(s) of any material term, provision, covenant or condition contained herein. 17. SEVERABILITY: If any term, provision, covenant or condition of this AGREEMENT is held by a court to be invalid, void or unenforceable, the rest of the AGREEMENT shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 18. WAIVER: The failure of CITY to exercise any right hereunder shall not constitute waiver of such right. 19. ARBITRATION: In the event any dispute arises between CITY and LESSEE and/or Tenant(s) regarding their respective rights and obligations under this AGREEMENT! such dispute shall be submitted to binding arbitration. 20. ATTORNEYS' FEES: If legal action is cmwx ced to enforce or to declare the effect of any provision of this AGREEMENT, the prevailing party shall be awarded attorneys' fees and costs incurred in such action. 21. TIME: Tine is of the essence of this AGREEMENT. 22. E IFBITS: All exhibits hereto, specifically Exhibit "A" Project Proposal Cover Page, Exhibit "B" Insurance and Indemnity Requirements with Certificate of Insurance, and Exhibit 090" Chapter 13 of Cupertino's Municipal Code are incorporated herein and made part of this AGREEMENT by this reference. 23. ENTIRE AGREEMENT: This AGREEMENT, consisting of four (4) pages, constitutes the entire AGREEMENT and supersedes any prior agreement between the parties hereto. LESSEE has executed this lease and Caretaker A Bement for Simms House in McClellan Ranch Park on this day of la , 1991. By: o JoDthi STEINER InWovative Housing, Inc. CITY has executed this lease and Caretaker Agreement for Simms House in McClellan Ranch Park on this�"�<day of , 1991. By NAID #.- BROWN City Manager Attested By: / CITY Approved as to form: CITY ATTORNEY Attachments: Exhibit A - Project Proposal Cover Page Exhibit B - Insurance and Indemnity Requirements Exhibit C - Cupertino Municipal Code, Chapter 13 EXHIBIT A CITY OF CUPERTINO PROJECT PROPOSAL COVER PAGE APPLICANT ORGANIZATION NAME Innovative Housing ADDRESS 457 Kingsley Avenue Palo Alto, CA 94301 AGENCY DIRECTOR: NAME: Judith Steiner TITLE: Director PHONE NO. (415) 327-5377 SIGNATURE PROJECT NAME: Park Custodial Services for Simms House AMOUNT OF CUPERTINO FUNDS REQUESTED: AMOUNT OF COUNTY COMPETITIVE POOL CDBG FUNDS REQUESTED: OTHER FUNDS REQUESTED OR ANTICIPATED: TOTAL PROJECT BUDGET $_ PROJECT DESCRIPTION: Innovative Housing (IH) will provide shared housing for single parent families in. a house leased from the City of Cupertino (the Simms House at McClellan Ranch Park) and wj 11 be resp anGihl e for park r,jctnrli al --services as outlined in the .Agreement. . .. Innovative Housing will screen, train and counsel prospective residents whose incomes shall not exceed state and federal guidelines for low income. Prospective residents will be referred to . IH by local agencies such as Cupertino Community Services, many of whose clients have housing difficulties. IH will form a compatible household through its workshops and train residents in living skills and nark custodial r sponsibil;ries. IH will provide extensive supportive services for the household and for in 1vidual residents. Preference will be given to prospective residents who live, work, go to school, or have families in Cupertino. IH will make approPr atg referrals to other, hong ngagencies when IH has no openings. EXHIBIT B Insurance and Indemnity Requirements Indemnity: Corporation agrees to indemnify and hold harmless the City of Cupertino, its officers, employees and elected officials, boards and commissions from all suits, actions, claims, causes of action, costs, demands, judgments and liens arising out of the Corporation's performance under the AGREEMENT, including the Corporation's failure to comply with or carry out any of the provisions of the AGREEMENT. Insurance: Corporation shall take out prior to comwxcement of the performance of the terms of the AGREEMENT, pay for, and maintain until ccmnpletion of the AGREEMENT, the following types of Policies. These Policies must cover at least the following, which are minumum coverages and limits. I. Comprehensive General Liability Insurance; including the following: A. Premises Operations (including completed operations, if the exposure exists) . B. Broad Form Blanket Contractual. C. Personal Injury coverages A, B and C. 1. All coverages must have a minumum of $500,000 combined single limit. II. Comprehensive Auto Policy to cover: A. Non-owned. B. Hired Auto. 1. These coverages must have a mimmfmn of $500,000 combined single limit for bodily injury and property damages. III. Errors or Omissions coverage for attorneys and paralegals with a minumum limit of $500,000 per occurrence combined single limit with no more than $1,000 deductible per occurrence (where scope of services provides for attorneys and paralegals.) IV. Medical Malpractice Insurance: Mi_ninum limits of $500,000 per occurrence with no greater deductible than $1,000 per occurrence. This is to cover all medical staff associated with the Corporation, such as, but not limited to, doctors, nurses, and paramedicals, (where scope of services provides for medical staff.) V. Workers Ccmmensation: Coverage with the statutory limit of liability and $1,000,000 employer's liability. Endorsements: On all required insurance the follawina endorsements must be a part of each policy. A. The City of Cupertino, its officers and employees, and agents are to be additional insured. B. Thirty (30) days notice of cancellation or reduction in coverage of any nature must be given to the City of Cupertino. C. The insurance policies must be endorsed to show that they are primary, and any other valid and collectible insurance the City of Cupertino may have will be excess only. D. All insurance policies must be satisfactory to the City of Cupertino. marilyn\misc\simms CERTIFICATE OF INSURANCE ISSUE DATE(MM/DDlYY) 4/4/91 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND Whitney & Baird CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 350 Sansome St. , #600 POLICIES BELOW. San Francisco, CA 94104 COMPANIES AFFORDING COVERAGE (415)781-1965 COMPANY i LETTER A Nonprofits Insurance Alliance of CA COMPANY B Transamerica Fairmont Insurance CO. INSURED i LETTER Innovative Housing for LETTER `, Community, A CA Nonprofit Corp;......... -_.,..----- ,......,. _. 2169 E. Francisco Ste. E. COMPANY D LETTER San Rafael, CA 94901 COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I COTYPE OF INSURANCE POLICY NUMBER 1 POLICY EFFECTIVE POLICY EXPIRATION! LIMITS LTR' ; DATE(MM/DD/YY) I DATE(MM/DD/YY) GENERAL LIABILITY I GENERAL AGGREGATE $ 1 000 000 A X COMMERCIAL GENERAL LIABILITY ? PRODUCTS-COMP/OP AGG $ 1,000,000 CLAIMS MADE. X ;OCCUR.' N901-1171 7/13/90 I 7/13/91 -PERSONAL&ADV INJURY ;$ 1 000.,000 OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ 1,000,000. FI AGE(Any one fire) $ RE DAM 100,,000 . MED.EXPENSE(Any one person):$ AUTOMOBILE LIABILITY COMBINED SINGLE ANY AUTO LIMIT 1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) A X,HIRED AUTOS N90-1171 7/13/90 7/13/91 BODILY INJURY $ X!NON-OWNED AUTOS (Per accident) GARAGE LIABILITY 'PROPERTY DAMAGE ?$ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM ? (AGGREGATE $ OTHER THAN UMBRELLA FORM^ X I STATUTORY LIMITS WORKER'S COMPENSATION I B AND 80560768 2/17/91 2/17 /92 EACH ACCIDENT i$1 ,000,000 7 tDI, SEASE—POLICY LIMIT ;$11000,000 EMPLOYERS'LIABILITY ` DISEASE—EACH EMPLOYEE .$1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Below named Certificate Holder is Additional Insured as respects their interest as lessor of the house at 22241 McClellan, Cupertino, CA 95014. It is understood that that Policy A is Primary and the cancellation clause is amended to show the City of Cupertino will be notified of any decrease in coverage within 30 da s. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF CUPERTINO, ITS OFFICERS, EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO EMPLOYEES AND AGENTS MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 10300 TORRE AVE. LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. CUPERTINO, CA 95014 AUTHORIZED RESE�NTA�TIV�E ACORD 257S (7/90) _ c C RD COR ORATION 1990 13.04.010 ___.. Chapter 13.04 use of the parks and recreation buildings of the City in order that all persons may enjoy and GENERAL REGULATIONS make use of such parks and buildings and to protect the rights of those in the surrounding Sections: areas. (Ord. 531 § 1, 1972) 13.04.010 Purpose. 13.04.020 Definitions. 13.04.030 Compliance required. 13.04.020 Definitions. 13.04.040 Park and/or building permit— The following words and phrases, whenever used in this chapter,shall be construed as defined Required. 13.04.050 Park and/or building permit— in this section: Application. A. "Buildings" includes those buildings, or 13.04.060 Park and/or building permit— any portion thereof,under the supervision of the Contents. parks and recreation department made available 13.04.070 Park and/or building permit— to exclusive use permittees. Granting or denial. B. "City" means the City of Cupertino. 13.04.080. Park and/or building permit— C. "City Manager" means the City Manager Appeal. of the City of Cupertino. 13.04.090 Park and/or building permit— D. "Park" means a park, reservation, play- Fees and deposit. ground,swimming pool,recreation center or any 13.04.100 Park and/or building permit— other area in the City,owned or used by the City Liability. or county and devoted to active or passive recrea- 13.04.110 Park and/or building permit— tions. Revocation. E. "Permit"means a permit for exclusive use 13.04.120 Use of park property. of parks or buildings as provided for and defined 13.04.130 Behavior of persons in parks. in this chapter. 13.04.140 Sanitation requirements. F. "Persons" include persons, associations, 13.04.150 Vehicle requirements. partnerships, firms and corporations, or any 13.04.160 Swimming restrictions. company organization of any kind. 13.04.170 Picnic area use restrictions. G. "Sound amplifying equipment" means 13.04.180 Advertising and sale any machine or device for the amplification of restrictions. the human voice, music, or any other sound. 13.04.190 Closing hours—Prohibitions. "Sound amplifying equipment" does not 13.04.191 Towing of vehicles remaining include standard automobile radios when used after closing hours. and heard only by the occupants of the vehicle in 13.04.200 Closing sections of parks. which the automobile radio is installed. "Sound 13.04.201 Nature and/or rural preserve. amplifying equipment," as used in this section, 13.04.202 Regulations and guidelines. does not include warning devices on authorized 13.04.210 Lost articles. emergency vehicles or horns or other warning 13.04.220 Administrative authority. devices of any vehicle used only for traffic safety 13.04.230 Enforcement authority. purposes. 13.04.240 Violation—Penalty. H. "Vehicle" means any wheeled con- veyance, whether motor-powered, animal- 13.04.010 Purpose. drawn, or self-propelled. The term includes any The purpose of this chapter is to regulate the trailer in tow of any size, kind or description. 347 13.04.020 Exception is made for baby carriages, wheel- before the date such proposed activity is to be chairs, and vehicles in the service of the City conducted. (Ord. 531 § 5, 1972) parks. I. "Nature and/or rural preserve" means a 13.04.060 Park and/or building permit— park so designated by the City Council pursuant Contents. to Section 13.04.201.(Ord.710(part), 1975;Ord. The application shall contain the following: 531 § 2, 1972) 1 A. Name of the applicant, the sponsoring organization, and the name of the person in 13.04.030 Compliance required. charge of the proposed activity; No person shall enter, be, or remain in any B. The addresses and telephone numbers of park or building of the City unless he complies those named in subsection A. above; with all of the regulations set forth in this chapter C. The park and/or building, or room being applicable to such park or building.(Ord.531§3, applied for; 1972) D. The starting time of the proposed activity; E. The finishing time ofthe proposed activity; 13.04.040 Park and/or building permit— F. The number of persons expected; Required. G. Additional City facilities requested, such The City's parks and/or buildings shall be as personnel, tables, chairs, etc.; made available for the exclusive use of persons H. The nature of the proposed activity or and groups subject to the issuance of a permit by activities including equipment and vehicles to be the City Manager. No exclusive use of any park brought into the park,nature and duration of the and/or buildings for pre-advertised assemblies or use of any amplified sound, whether speech or groups may be made without.the issuance of a music; permit therefor.All applications for exclusive use I. The form of application shall be provided must be signed or cosigned by an adult, which or prescribed by the parks and recreation depart- adult shall agree to be responsible for said ment. (Ord. 531 § 6, 1972) exclusive use. No exclusive use permit will be granted if, prior to the time the application was 13.04.070 Park and/or building permit— filed, the City has scheduled a City-sponsored Granting or denial. event at the same time and place as the activity A. The City Manager shall grant or deny such proposed in the application.,if the requested time application on or before four days after the filing and place has been pre-empted by a previously of the application unless the time for such grant- issued permit, or if cause for denial is found to ing or denial of the permit has been waived by the exist. (Ord. 531 § 4, 1972) applicant in writing. The decision granting or denying said application shall be mailed to the 13.04.050 Park and/or building permit— applicant. Application. . , B. The City Manager,in granting the applica- Any person applying for a permit hereunder tion, may impose reasonable requirements and shall file an application for such permit with the conditions concerning the use of the park or City Manager not less than fourteen days nor building by the applicant. more than sixty days prior to the proposed use of C. The City Manager shall grant the applica- said park and/or building. The City Manager, tion when the application contains information where good cause is shown therefor, shall have showing that the number of persons expected at the authority to consider any application here- the activity complies with the occupancy load of under which is filed less than fourteen days the building and upon granting such permit may 348 13.04.070 impose reasonable requirements and conditions Council.A notice of appeal shall be filed with the concerning the use of said building with respect City Clerk within five days of the City Manager's to time and duration of use and number of per- mailing the notice of denial of the application for sons allowed in the building. a permit. The City Council shall act upon the D. The City Manager may grant the applica- appeal at its next meeting following receipt of tion for a building other than that applied for notice of appeal and its decision shall be final. with the consent of the applicant in the event that (Ord. 531 § 8, 1972) a permit has already been issued for said building or that the building does not meet the occupancy load requirements. In the event that more than 13.04.090 Park and/or building permit—Fees one application is received for one park or build- and deposit. ing for use at the same time, the City Manager Upon the granting of a permit under this chap- shall first act upon the application first received. ter, any fees or deposits required for the use of E. The City Manager shall deny the applica- City personnel, building, equipment, and facili- tion if he finds: ties shall be contained in said permit and said fees 1. That the proposed activity or use will or deposits shall be paid by the applicant within unreasonably interfere, or detract from the pro- ten days of the receipt of said permit. If said fees motion of the public health, welfare, safety and or deposits are not paid within said ten days, recreation; then, in that event, the permit therefor issued 2. That the proposed activity or use is antici- shall be null and void: pated to incite violence, crime or disorderly con- A. Building fees and charges have been estab- duct; 3. That the proposed activity or use will entail lished and are regulated by the type of organiza- unusual, extraordinary, or burdensome expense tion or individual usage proposed by the or police operation by the City; application and such fees are subject to change as 4. That the City has scheduled an activity at required by personnel or City costs; the same time and place as the activity proposed B. Building deposit fees are refundable upon by the applicant; approval of the City Manager, providing no 5. That the application reveals that the City damage arises from applicant's usage.(Ord.531§ has no park which will accommodate the activity 9, 1972) of the applicant; 6. That the applicant refuses to agree in writ- 13.04.100 Park and/or building permit— ing to comply with any and all conditions in the Liability. permit; Persons to whom an exclusive use permit has 7. That the applicant fails to file a timely application, unless waived in writing by the City been granted must agree in writing to hold the Manager. City harmless and indemnify the City from any F. All denials for applications for permits and all liability for injury to persons or property shall specify the grounds therefor. (Ord. 531 § 7, ocurring as a result of the activity sponsored by 1972) the permittee and said person shall be liable to the City for any and all damage to parks, facili- 13.04.080 Park and/or building permit— ties, and buildings owned by the City, which Appeal. results from the activity of permittee or is caused The applicant shall have the right to appeal the by any participant in said activity.(Ord.531§ 10, denial of a permit by the City Manager to the City 1972) 349 13.04.110 13.04.110 Park and/or building permit— injure or impair the natural beauty or usefulness Revocation. of any areas; The City Manager shall have the authority to G. Climb any tree or walk, stand or sit upon refuse a permit upon a finding that any use or any monuments, vases, fountains, railing, activity is in violation of the provisions of this fences, or upon any other property not desig- chapter,or any other ordinance of the City,or of nated or customarily used for such purposes; any rule promulgated hereunder, or upon good H. Hunt, molest, harm, frighten, kill, trap, cause shown. (Ord. 531 § 11, 1972) chase, tease, shoot or throw missiles at any ani- mal,reptile,or bird;nor shall any person remove or have in his possession the young of any wild 13.04.120 Use of park property. animal,or the eggs or nest or young of any reptile No person in a park shall do any of the follow- or bird. Exception to the foregoing is made in ing: that snakes known to be deadly poisonous, such A. Wilfully mark, deface, disfigure, injure, as rattlesnakes, or other deadly reptiles may be tamper with or displace or remove any buildings, killed on sight; bridges, tables, benches, fireplaces, railing, pav- I. Use any system for amplifying sounds, ing or paving material,water lines or other public whether for speech or music or otherwise,unless utilities or parts or appurtenances whatsoever, an exclusive use permit is first secured.(Ord. 531 either real or personal; § 12, 1972) B. Litter, soil or defile restrooms. No person over the age of six years shall use restrooms and 13.04.130 Behavior of persons in parks. washrooms designed for the opposite sex; No person in a park shall do any of the follow- C. Dig or remove any soil,rock,stones,trees, ing: shrubs or plants, down timber or other wood or A. Bring to a park any alcoholic beverages, materials, or make any excavation by tool, and no person may drink alcoholic beverages at equipment,blasting or other means or agency. It any time in a park. Picknickers may bring to a is unlawful to gather firewood or to collect within park, and drink, beer or wine with their picnic the park any type of plant material for the pur- lunches,so long as they conduct themselves in an pose of building a campfire; orderly manner; D. Construct or erect any building or struc- B. Enter or remain in a park while under the ture of whatever kind, whether permanent or influence of intoxicating liquor or any drug; temporary in character,or run or string any pub- C. Have brought,or have in his possession,or lie service utility into,upon or across such lands, set off,or otherwise cause to explode or discharge except on special written permit issued under or burn, any firecrackers, torpedoes, rockets, or this chapter; other fireworks or explosives of inflammable E. Go upon any lawn or grass plot, where material, or discharge them or throw them into prohibited'by the parks and recreation depart- any such area from land or any highway adjacent ment,and where such prohibition is indicated by thereto.This prohibition includes any substance, proper and legible signs; compound, mixture or article that, in conjunc- F. Damage,.cut, carve, transplant or remove tion with any other substance or compound any tree or plant, or injure the bark, or pick the would be dangerous from any of the foregoing flowers or seeds of any tree or plant.Nor shall any standpoints; person attach any rope, wire, or other contriv- D. No person having the control or care of ance to any tree or plant. No person shall dig in, any dog shall suffer or permit such dog to enter or or otherwise disturb any grass area,or in any way remain in a park,unless posted for such use,and 350 13.04.130 _ then only if it is led by a leash of suitable strength 13.04.140 Sanitation requirements. not more than six feet in length; and the owner No person in a park shall do any of the follow- and the attendant shall be responsible for any ing: damage caused,in any event,by such dog,even if A. Throw, discharge or otherwise place or on leash; cause to be placed in the waters of any fountain, E. Lead, ride, drive, keep or let loose any ani- pond,lake,stream,bay or other body of water in mal,reptile or fowl of any kind,without a permit or adjacent to any park or any tributary,stream, to do so from the Director of parks and recrea- storm sewer or drain flowing into such waters, tion; any substance, matter or thing, liquid or solid, F. Make or kindle a fire for any purpose, which will or may result in the pollution of such except at places provided for such purpose, waters; unless prior special permission be obtained B. Dump,deposit or leave any bottles,broken therefor from the Director; glass,ashes,paper,boxes,cans,refuse or trash on G. Enter an area posted as "Closed to the the grounds thereof.Such items shall be placed in Public," and no person shall use, or abet the use the proper receptacles where these are provided; of, any area in violation of posted notices; and,where such receptacles are not provided,all H. Play or bet at or against any game which is such rubbish or waste shall be carried away from played, conducted, dealt, or carried on for the park by the person responsible for its pres- money,chips,shell,credit or any other represen- ence, and properly disposed of elsewhere. (Ord. tative of value, or maintain or exhibit any gam- 531 § 14, 1972) bling table or other instrument of gambling or gaming, or play any game prohibited by any 13.04.150 Vehicle requirements. other ordinance of the City; No person in the park shall do any of the I. Sleep, or protractedly lounge, on the seats, following: benches, or other areas, or engage in loud, bois- A. Fail to comply with all applicable provi- terous, threatening, abusive, insulting, or inde- sions of the Vehicle Code of the state in regard to cent language, or engage in any disorderly equipment and operation of vehicles, together conduct or behavior tending to a breach of the with such regulations as are contained in this public peace; chapter and any other ordinances of the City J. Use, carry, or possess firearms of any regulating traffic; description, or air rifles, spring guns, bow and B. Fail to obey all traffic officers and park arrows, slings or any other forms of weapons employees who are hereafter authorized and potentially dangerous to wild life or to human instructed to direct traffic in the parks in accord- safety. Shooting into park areas from beyond ance with the provisions of this chapter and such park boundaries is prohibited; supplementary regulations as may be issued by K. Solicit alms or contributions for any pur- the Director; pose, whether public or private, without prior C. Fail to observe carefully all traffic signs permission from the City Council; indicating speed, direction, caution, stopping or L. Use or allow the use of powered model parking and all other signs posted for proper airplanes except in areas so designated by the control and to safeguard life and property; department of parks and recreation; D. Ride or drive a vehicle at a rate of speed M. Play or practice golf or use golf clubs in exceeding fifteen miles an hour, except upon any area of the park not designated for such use; such roads as the City may designate by posted N. Indulge in riotous,boisterous, threatening signs for speedier travel; or indecent conduct. (Ord. 531 § 13, 1972) E. Drive any vehicle on any area except paved 351 13.04.150 roads or parking areas,or such other areas as may 13.04.170 Picnic area use restrictions. be specifically designated as temporary parking No person in a park shall do any of the follow- areas by the department of parks and recreation; ing: F. Park a vehicle in other than an established A. Picnic or lunch in a place other than one or designated parking area, and such use shall be designated for that purpose. Attendants shall in accordance with the posted directions there, have the authority to regulate the activities in and with the instructions of any attendant who such areas,when necessary to prevent congestion may be present; and to secure the maximum use of the park G. Ride a motorcycle, motor bike, or similar facilities for the comfort and convenience of all. vehicle in any park, except where used to trans- Visitors shall comply with any directions given to port invalid persons; achieve this end. Individual fireplaces or tables H. Ride a bicycle on other than a paved road and benches shall be used on the basis of"first or path designated for that purpose. A bicyclist come, first served"; shall be permitted to wheel or push a bicycle by B. Use any portion of the picnic areas, or any hand over any grassy area or wooded trail, or on of the park buildings or structures for the purpose any paved area reserved for pedestrian use; of holding picnics, to the exclusion of other per- 1. Ride a bicycle other than on the righthand sons,and no person shall use such area and facili- side of the road paving as close as conditions ties for an unreasonable length of time if they are permit, and bicycles shall be kept in single file crowded; when two or more are operating as a group. C. Leave a picnic area before a fire started or Bicyclists shall at all times operate their machine later used by him is completely extinguished. with reasonable regard to the safety of others, (Ord. 531 § 17, 1972) signal all turns,pass to the left of any vehicle they are overtaking and pass to the right of any vehi- 13.04.180 Advertising and sale restrictions. cles they may be meeting; A. No person in a park shall, without prior J. Ride any other person on a bicycle, except permission from the City Council, do any of the where the bicycle is built for operation by more following: than one person; 1. Expose or offer for sale any article or thing, K. Leave a bicycle in a place other than a nor shall he station or place any stand, cart or bicycle rack where a bicycle rack is provided and vehicle for the transportation, sale or display of there is space available; any such article or thing; L. Leave a bicycle lying on the ground or 2. Announce, advertise or call the public paving, or set against trees, or in any place or attention in any way to any article or service for position where other persons may trip over or be sale or hire; injured by it. (Ord. 531 § 15, 1972) 3. Paste,glue,tack or otherwise post any sign, placard, advertisement or inscription. B. In addition, in order to insure the public 13.04.160 Swimming restrictions. safety, health and general welfare, no person No person in a park shall swim,bathe,wade in shall expose or offer for sale any article or thing, or pollute the water of any fountain, pond, lake nor shall he station or place any stand, cart or or stream, except that wading and swimming vehicle for the sale or display of any article or shall be permitted in pools specifically provided thing, on a public street, within one thousand for these purposes,and so posted. (Ord. 531 § 16, feet in a straight line from the nearest boundary 1972) of any park. (Ord. 531 § 18, 1972) I 352 13.04.190 13.04.190 Closing hours—Prohibitions. City Council either by ordinance or resolution as No person in a park shall do any of the follow- a nature and/or rural preserve, in which event it ing: shall be used and treated in a manner consistent A. Remain, stay or loiter in any public park, therewith. between the hours of ten p.m.and six a.m. of the B. Uses shall be limited to those which will following day,or as may otherwise be designated maintain and protect the ecology of the area, by minute order or resolution of the City Coun- conserve the natural features and scenic values, cil.The opening and closing hours for each indi- expand community awareness and understand- vidual park shall be posted therein by the ing of natural history and the environment, and department of parks and recreation for public provide enjoyment of the resources present con- information; sistent with their preservation. B. Set up tents or other temporary shelter for C. McClellan Ranch Park is designated a the purpose of overnight camping, nor shall any nature and rural preserve.(Ord.710(part), 1975) person park or leave in a park, after closing hours, any vehicle or movable structure to be 13.04.202 Regulations and guidelines. used, or that counld be used, for such purposes, The City Council shall by resolution adopt such as, a horse trailer, camp trailer, pickup regulations controlling the use and guidelines camper, or the like; pertaining to the development of any part desig- C. Park or leave in a park,after closing hours, nated as a nature and/or rural preserve.Any such any vehicle. Signs shall be posted at all park regulations adopted by the City Council shall, entrances to notify park visitors of the effects of where inconsistent therewith, take precedence paragraph C of this section. (Ord. 754 § 1, 1976: over any general regulations contained in Chap- Ord. 670 § 1, 1974; Ord. 531 § 19, 1972) ter 13.04. (Ord. 710 (part), 1975) 13.04.191 Towing of vehicles remaining after 13.04.210 host articles. closing hours. The finding of lost articles in parks shall be Any vehicle or movable structure left in a park reported to the department of parks and recrea- after closing hours may be towed away to a public garage at the owner's.expense. Signs shall be tion or the park department personnel on duty. posted at all park entrances to notify park visitors (Ord. 531 § 21, 1972) of the effects of this section. (Ord. 752 § 1, 1976) 13.04.220 Administrative authority. 13.04.200 Closing sections of parks. There is conferred upon the City Manager Any section or part of a park may be declared those powers and duties necessary for the admin- closed to the public by the Director of parks and istration of this chapter. In addition, there is also recreation at any time, and for any interval of conferred upon the City Manager the authority time, either temporarily or at regular and stated and power to designate such City officers and intervals(daily or otherwise), and either entirely employees as may be required to carry out the or merely to'certain uses, as the Director may intent and purpose of this chapter.(Ord.531§22, reasonably find necessary. (Ord. 531 § 20, 1972) 1972) 13.04.201 Nature and/or rural preserve. 13.04.230 Enforcement authority. A. Any park characterized by such unique The parks foreman,all park attendants and/or natural features that it is deemed a valuable and all peace officers authorized or directed by the irreplaceable resource may be designated by the City shall be responsible for the enforcement of 353 13.04.230 the provisions of the chapter and of any rule promulgated hereunder. (Ord. 531 § 23, 1972) 13.04.240 Violation—Penalty. Any person who violates the provisions of this chapter shall be guilty of an infraction and upon conviction thereof shall be punished as provided in Chapter 1.12. (Ord. 1179 §2(part), 1982: Ord. 531 § 25, 1972) �i 354