93-039 Friends of Stevens Creek Trail/McClellan Ranch Park leaseRESOLUTI07~T NO. 9000
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO AUTHORIZING EXECUTION OF LEASE
AGREEMENT WITH FRIENDS OF' STEVENS CREEK TRAIL FOR
OFFICE AT MCCLELLAN RANCH PARK
WHEREAS, there has been presented to the City Council a proposed agreement
between the Frienda of Stevens Creek Trail and the City of Cupertino providing for lease
of an office at McClellan Ranch Park; and
WHEREAS, the terms, conditions and provisions of the agreement have been
reviewed and approved by the City Attorney acid the Director of Parks and Recreation.
NOW, THEREFORE, BE IT RESOL`/ED that the City Council of the City of
Cupertino hereby approves the aforementioned agreement and authorizes the City
Manager and the City Clerk to execute said agreement on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 6th day of December _, 1993 by the following vote:
Vote M~t~ sf the City Council
AYES: Bautista, Burnett, Sorensen, Koppel
NOES: None
ABSENT: Desn
ABSTAIN: None
ATTEST:
/s/ Kim Marie Smith
City Clerk
APPROVED:
1s/ Barbara Koppel
N[ayor, City of Cupertino
LF_A~G ~~IVI) CARD,"I'AKI';I2 ~~(;IZI~,I':MI~:;~I"I'
McCLFLLAN RAi~CIi IIOU~L
•hhis Lease :ut<I Carrt:+ker :lgrcenunt (":\~iKl:l;\11{N'I"') is ntadu by :nxl hctw•_cn
the City of Cupertino (°Cil~~"') and the I~ricn~-ts .+1~ titevens C't'cck frail. a C•:rlitornia
corporation. ("LI:SSi;}:").
The premises to he Icaud by this :~<iI21?I{\11{N I is a p+,rtii.n t+t ~~-hat i~
commonly kno~yn as the "tilcCicllan Ranch Iluusc_" an,l nutrc p:uticularly described u,
222?1 McClellan Road. PacLlellan R:utch 1':u k. ('ity of C'upcrtino. ('aunt} of :i:utt:,
Clara. State of Calilornia ("PiZli\tlSl-:~"). the i'IZLMItiI~a cetn~i~t a+t atnv ofli~~• ~~ithin
the ranch house consisting. c~l• R 1 syuure feet. together with the non-exclusive u~~ of
hallways. restrooms. and outside parking facilities.
"phis AGREEMENT' is entered for the purpose oi~ nwking available lbr Ieasc uf~ the
PREMISES owned by the CI"I~Y un the condition that (1) the !_I:SSEE pay the rent
above described. (2) the LESSII-: is responsible lift ctrcutking duties ol~ the 1'KI{titISES
site as set North in the terms of this ACiIZI:I:~11?N I~. anc! (~) the I.HSSI{ii pra+viclcs the
CITY with educational programs. and informational workshops to fife Cupertino
community as set forth in the terms of this A<iRI~EMi~.N l
CITY AND LESSEE AG[ZFI: ~S P<)LLO~VS:
1. I.1?AS[•: "1'):IZ.^s: I Itcc lease ot~ tltu PIZl:~1!'~l~a shall conttncncc on I)uc~•ntl,~•r 1.
1~t95 ar.d end two year:; later. on Noventher i'). 1V97. ut ~~hiclt time the lease ntav he
reneggtrated after evaluation by the CI'I Y.
2. I2EN•1-: i2ent shall he based upon the rate of 51 t)O per syu:ur fix+t per month.
Elfectiye December 1. la)a)5, I.IiSSE{I? shall occupy the Lack ot!icc of }i I ~cluure feet Cot a
rnonthly'rate o1~$f;]-OO. Total rent shall hc'::.{I (K) p:tyahlc in acl~:ntce on the first clay o'
each calendar month. LI:S`;F:1-: shall pad rent to CI 1 ti' at 1 O~t!U 1 orre :\vunuu_ ('upcrtino.
California. Attention Finance Directetr. Koont It)l. In the event rent is no*• paial within ten
(lU) c' ys alter the date due. rent is etecnwd late :vu1 clclineluent :uxl a late charge of
$20.00 plus interest at the rate o)- 1O".b per attn~!ut on the eleliny aunt amount shall I+a•
asscssect_ LESSEE further agrcca to pay `i;'?U-OO 1cu each dishonored hank cheek.
3- ITII";TIC~.S "I'I-: ~PIIONI=._ OjI1S~IJ_j~tiS,jj~lj;;ji_l: CI'I"ti' shall he responsible
for the payment of all utility bills applirrhle to the PRI?htrS1S including water, electrical
services, garbage and janitorial scrvicrs fir said PRf?MISEti. LESSEE shall he
responsible Tor its own telephone ser~icc and shall provide firr its own ofticc cyuipment
and furtrishing.
4. TAXI=-4: LESSEE: shall he responsihlc for payment of" any and all possessory
interest property taxes.
5. MAINTENANCE: CI"T'Y shall be responsihlc Ibr maintaining the PREMISES,
including doorways, windows, sidewalks adjHcent to said PREMISES and the interior of
the PREMISES in good and sanitary order, condition ant repair, normal wear and tear
excepted, provided, however, that LESSEE shall be responsible for damages caused by
the negirgence of its employees, invitees or guests" LESSF~E shall not commit waste on
the PREMISES.
6. AC"TF. ATFONS AND REPAIRS/ACC[~,~~: LESSC:E shall not paint. paper, or
make alterations to the PREM?SES without prior written consent from the CI"f Y.
LESSEE shall permit the CITY and its agents to enter into and upon the PI2EM[SES at
all reasonable times for purposes of inspecting the carne or for the purpose of maintaining
or repairing the PREMISES. Access to the PREMISES is limited to CITY employees or
agents, LESSEE employees or agents, and members of the public receiving services
provided by LESSEE.
7. HO RR OP OP -.RATIOI~I: LESSEE shall maintain an ofticc facility during
normal hours of operation. LESSEE shall dctcrrninc its own hours of operation. providcct
that said hours are between 8:00 a"m. zmd ] 0:00 p.m. L_ESSF_E shall be resporrsihle lbr
securing the facility and setting of the hurglar alarm at the end of cacti clay.
g, ('t7MMON ARI=A/PARKING: L13SSI~E may utilize the hallways, rest rooms,
and parking facilities without additional rent; provided. however, that if Ll:SS13E wishes
to utilize other areas of McClellan Park for ~~~hich CITY normally charges a user fcc.
LESSEE shall be responsible for payment of said [ec. CITY shall be entitled to utilize all
comme:r areas for program activities upon Ctiving LLSSEI seven (7) days advance
notice.
CITY retains the right to designate exclusive parking R~r LI:SSI_:E. or any other
LESSEE of the PREMISES, or in the event that, in the opinion of the CT"I'Y. the parking
lot becomes over-utilized. It is estimated that LLSSET:'s need fi>r parking shall not exceed
12 spaces.
9. IN IR_ANCE: LESSEE shall maintain insurance as outlined in the insururcc sntd
indemnity requirements as set forth in Exhibit .'\, attached hereto and incorporated herein
by this reference.
2
I(r. I~~EMNIFR'A-I-ION: CI"I ti' shall not f,e liable 12~r any d:unage or injury to any
employee, guest, or invitee. or to any prc~pcrty occurring within the PRIi!V1ISI:S or within
tee common areas. LI:SSEF? agrees to hold CI-I Y harmless tiom any claims fir damages
unless such damage is the provim:rte result <,f negligence or unlawful conduct of CI"I'Y.
its agents or cmployces-
1 1. ~ tL1I3LE"I-PING AND ~1SSIGNMI:N 1-: I_IiSSI:[: shall not assi~,n, sublet, or
transfer this Icasc or any portion thereof'. .~~ny attempt to assign, sublet, or transfer shall
be void and shall constitute grounds for the termination of this Icasc by the C("I'Y.
12- ANIMAI.4: No animals shall reside in or on the PREM[SF?S without prior
~.vritten consent of the CITY.
13. ORDINANCES AND STATLI7-ES: L.E:SSEF3 shall comply with Cupertino's
Municipal Ordinances and all State and Fedora Statutes and Ordinances now in ti~rcc, or
which may hereafter be in force pertaining to the use of~ the PREMISES
14. SIGNAGE: The' CITY shall provide signage designating facility and
organizations utilizing the facility.
w* ~ ""~ ~"15_ CARETAKER DUTEES: As caretakers of the PRL-M[SES and the surrounding
' ` grounds. LESSEE promises to do the fi,llo~.ving:
a) Require that its employees who regularly operate the PREMISES obtain
training *_'rom the CITY'S Naturalist and become familiar with the McClellan Park Rules
and -Title 13 of the Cupertino Municipal Code. which governs the use ot. parks and
buildings of the CI"f Y- Report to C["I'Y's code entbrccment and violations ot- the above-
referenced ret_ulations finrnd by LESSEE ;a copy of Cupertino Municipal C'edc, "Title 13,
is attached hereto as Exhibit I3 ).
b) Notify the CI-TY's Parks and Recreation of-t7ce prior to any absence from
the PREMISES for any extended period of timc-
c) Report incidents, such as park misuse and vandalism, and any
emerbencies. such as burglaries, to the McClellan Ranch Caretaker or, if he is
unavailable, to the County Shcrifl: In the event the Shcriti's of-lice is involved. report the
incident to the Director ~f Parks ana Recreation- (CI-I-Y shall furnish LI?SSEI~ wit11 a list
ofcor_tact numbers prior to occupancy oftfie PREMISES)-
16. ~ RETURN OP KI?YS: Upon termination of this AGRE:EMEN"I', the keys to the
PREMISES including all duplicated sets, arc to be hand delivered to CI"I~Y's Parks and
Recreation Director or an authorized representativc-
3
17. Ii01-DIN )V ~R: Any holding over nt-ter the expirrtion of the Icasc term, with
the written consent of the CI"TY, shall he construed as a month-to-month truancy in
accordance with the terms of this ACiRF_EMEN"f, until either party terminates the
tenancy by giving the other party thirty !30) Jays written notice delivered by certified
mail.
18. GRO INDS FOR TI?RMINATION: CI"fY retains tltc right to terminate this
AGREEMENT upon any breach by LESSEE, of any material term, provision, covenant
or condition thereof. CITY shall first provide LESSEE written notice of any perceived
breach in this AGREEMENT and LESSEE shall have ten (1 O) days to correct or resolve
said condition. Either party may terminate this Agreement at any time by giving ninety
(90) days written notice to the other party. Unless otherwise tcnninatcd in accordance
with the terms of this Agreement, this Agreen cnt shall continue in Ibrcc and effect for
the period specified in Section One of this Agreement.
ISr_ WAIVER: The failure of CITY to exercise any right he:rcunder shall not
constitute waiver of such right.
d ~ 20. ATTORNEYS' FI/TC: If legal action is commenced to enforce or to declare the
effect of_any provision of this AGREL•MEN"I', the prevailing party shall be awarded
attorneys' fees and costs incurred in such action. -
21. TIME: Time is of the essence of tail AGREEMENT.
22. FXHII3;TS: All Exhibits hereto, specifically Exhibits A ani I3, arc incorporated
herein and made part of this AGREEMEN"f by this reference.
23. ELITI F A RF ^M -NT: This AGRI?L'MEN"I' consisting of seven (7) pages.
constitutes the entire AGREEMENT and supersedes any prior agrecntent between the
parti^s.
24. ADDITIONA D 1TIPS OF I.[?9SF -. LL-:SSEE and CITY aro entering into this
Lease and Caretaker Agreement with goals of enhancing the quali'y of eu•, ironmental
programs for the CITY and provising a natural area for the conduct of some of
LESSEE'S ongoing activities. As such, herb the CITY through the CI"I-Y tvaurrdist, and
LESSEE agree to work together throughout the term of this I"ease to try tc~ develop a
program ofactivitics mutually beneficial to CITY and I.I?SS13E.
*?~*C:TRANCE fL'D i D r~~ RFOU1RFrviEN_T~
inAe-mnity• LESSEE agrees to indemnify and hold harmless the City of
Cupertino, its officers, employees and ,aecte:d officials, boards and commissions from all
suits. actions, claims, causes of action, costs, demands, judgments and liens arising out of
the LESSEE'S performance under the AGIt?DEMENT, including the LESSEE'S failure to
comply wish or carry out any of the provisions of the AGREEMENT.
insurance: LESSEE shall take out prior to commencement of the performance of
the terms of the AGREEMENT, pay 1:or, and maintain until completion of the
AGREEMENT, the following types of Policies. These Policies must cover at least the
following. which are minimum coverages and limits.
I -- L- ire ,ener~l i-iabili v InsuranS~; includinf; the following:
~.. Premises Operations (including completed operation: , if the
4' ~ exposure exits).
~. ;~ t~ - B. Broad Form Blanket Contractual.
~--
C. Personal Iniury coverages A, B and C.
i . All coverages must have a minimum of $1 ,000,000 per
occurrence, $2,000,000 aggregate.
' r,Fns3tion: LESSEN shall provide CITY with a cony of
II. Workers Com
LESSEE'S Workers Compensation coverage.
III. F dorsem~nty: On all required insurance the following endorsements
must be a n~rt~of e''-1~? oolicv_
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 otherh alid and coil ctible insurance the City of Cuperti oatmay,have
primary, and any
will be excess only-
- D, All insurance policies must be satisfactory to the City of
Cupertino.
G
. or..nz>:.\::cr; r:o. 710
AN OIZDI?IA::CE OS' 'iIf{ CITY OF CUPI:P.TZ:-SG Ac`LI>\DIaG
C1IAPTFr 1.1.04 0L'• TIIF CL"P F: ^.TLi~O D(l':~7.CIi AL COIF
TO I`RO\'ZUL TOR ti;sTUi'.L .\t:D/CSI'. .^.lii;.\L YI:LSI:RVF
TILE CZTl' COU`ICZL OF THE CITY OF CUI`ERTZt7U DOTS ORD;.IN AS FOLLOL:S
The folloo~iny. provisions arc licrcUy addccl to Gliaptcr 13.04 of the Cupertino
:funicipal Codc:
Section 13.04_020 - Definitions
Z. tlacurc and/or Rural Preserve - A park so designated by the City
Council pursuant to Section 13.04.207__
Section 13.04_201 - Nature andfor Rural Preserve
A. Any park c2zaractcrizcd by such unique natural f catures that it is
'deemed a valuable and irreplaceable reseurce may be designated by the Cicy
Council either by ordinance or resolution as a Nature and/or Rural Preserve,
in which event it shall be used and•treatcd in a.manner consistent therewith_
~ ~ ;.a•.,;Vs~s shall be limited to those which dill maintain and protect the
eao ogy;i'of'thc' area, conserve ._the nat*irai features .and scenic value :, expand
comnunicy a~~arcncss and understanding of natural history and the environment,
and provide enjoyment of the resources I~resent consistent with 'their preservation_
C. 21cC1e11an Ranch Park is here~~y designated a Nature and Rural Preserve.
Section 7.3.04_'_'02 - Revelations and Gui3elines
The City Council shall, by resolution, adopt regulations controllinP the
use, and guideiincs pertaining to the development-~f, any'parlc designated as
a Nature and/or Rural Preserve. Any such regulations adopr_ed by the City Council
shall, where inconsis_ent therewith, take precedence over any gcnor-al regulations
contained in Chapter 13.04. --
INTRODUCED at a regular meeting of the City Council of the City of
Cupertino this 3rd day of_ Novenber ,1975., and ENACTED at
a 'gular meeting of the City Council ~~f the•City of Cupertino this
SCIt day of Janu:;ry _, ~ 1976, by the following vote:
Vote Members of the City Council
AYES: i;cyers, Ncllis, Sparks, Jac:cson -
I10L•S: None
AESEI~T: Frolich _
AESTAZ3I: None
ATTEST: APPROVL-D:
/s/ l:m_ c. I:~ der
city clerk
~ /S/ James L. Jac Y_cnn
Mayor, City of Cupertino
RESOLUTION NO. 9190
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO AUTHORIZING EXECUTION OF AGREEMENT
BETWEEN THE CITY OF CUPERTiNO AND
THE FFcIENDS OF STEVE.NC CREEK TRAIL
WHEREAS, there has been presented to the City Council an agreement between
The Friends of Stevens Creek Trail and the City of Cupertino providing for definition of
the relatoinship between the City and the Friends and outlining responsiblities for both
parties; and
WHEREAS, the tetTns, conditions and provisions of the agreement have been
~a~„
,. ;~, '" reviewed and approved by the City Attorney and the Director of Parks and Recreation.
NOW, THEREFORE, BE IT RESOLVEiD that the City Council of the City of
Cupertino hereby approves the aforementioned agreemen*. and authorizes the City
Manager and the City Clerk to execute said agreement on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regulaz mee*_iag of the City Council of the City of
Cupertino this 19th day of 5evtember 1994 by the follc~-:,.ing vote:
Vote Tylembet-s 4~ IhS~ CiLY ('o~tl
AYES: Bautista, Burnett> Dean, Sorensen, Ko_~pel
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/ Kim Marie Smith /s/ Barb KoPOel
City Clerk Mayor, City of Cupertino
f~GRf:EMENT 13ETVt'EF_N "Flli t'Il"V OF' C't ~Pf?K I Iti0 ANI~
THE FRIENDS (~F S"FFiVl:ivti C'RiiF.K
This Agreement is made and ••ntered into on Septg_mber 19 l~)94 by and
between the CITY OF CUF'F_RTINO. hereinafter referred to as "CI"FY." municipal
corporation of California. and FRIENDS Oi= STI:VENS CRF.Ei+ TRAIL. hcrcinaf?er
referred to as "FRIENDS." a California nonprofit corporation.
RFCI"FALS
FRIENDS and CITY each agree and represent that the purpose and intent of this
Agreement is to promote cooperation, to recognize mutual interest, and to formulate
provisions governing the .-elationship between FR.IF3NDS and CIT't .
NOW. THEREFGRE, the parties sgrce as t2~llows:
' Article I Oblig ion of FRiFNDS -.nd 1TY.
y~ A. NOuligations of FRIENDS.
,fie „ ,,
•~v:' : .1. ' Corrtmunity Awareness_
FRIENDS shall conduct activities such as educational and promotional
talks before civic, school and governmental agencies anu plan and conduct trail runs,
walks, cleanup days, special events and other similar activities.
2. Fund Raising.
Funds raised by FRIENDS shall he used by C[TY to augment other funds
available to CITY for the Stevens Creek "trail Project. CITY shall not reduce or replace
other funds or funding levels for the Trail because of the availability of funds from
FRIENDS_ Fund raising will include the collecTion of private donations through activities
such a_s a gift catalog, special events and solicit~ition. Funds raised by such activities.
except for reasonable operating expenses of the Friends. shall be transferred to the Cities
for the purpose of supporting the development of Stevens Creek "Frail.
Nonprofit Status.
During the entire term of this Al;re^ment, FRIENDS shall apply for and/or
remain a private, educational and charit:.r•Ie corporation which is recognized by State and
Federal tax authorities as authorized to accept contributions which are deductible frorr_
income tax- Future changes in Federai and State law eliminating or reducing tax
reductions for such contributions shall not result in a breach of this Agreement unless
FRIENDS fails o: refuses to make changes in its organization. operations or legal
authority to operate as necessary to rrtain a nonprofit status.
-~ .
4. ;Mailing.
FRIENDS shall pay all mailing and distribution costs of all publications it
generates or authorizes, including special advertising and publications associated with
fund-raising activities.
. 5. Reporting on Use of Funds and Examinations of Documents.
a. Annual report.
FRIENDS will provide to the City's Parks and Recreation
Del+artment, copies of annual reports and board meeting minutes.
b. Examination and submittal of records.
- FRIENDS shall snake available all of its financial records at any
reasonable time for examination by the City Manager .~r his designee, and shall, upon
request, provide copies of such records 'to CITY's representatives. FRIENDS will provide
an annual financial statement, including a balance sheet and statement of operations,
e'' 'S' ~~` which shall also include all amounts remitted to CITY.
.:. tvttnutes oz ooara meetings.
6. Insurance.
FRIENDS shall take out prior to commencement of the performance of the
terms of the AGREEMENT, pay for, and maintain until completion of the
AGREEMENT_ the following types of PPolicies. These Policies must cover at least the
following, which are minimum coverages and limits.
L S2iIIpS~~lensive (3enrral Liability Insurance; including the
following:
A. Premises Operations (including completed operations, if the
exposure exits).
B. Broad Form Blanket Contractual.
C. Personal Injury coverages=A, R and C.
1 . All coverages must have a minimum of $1 ,000,000
per occurrence, $2,000,000 ^ 3gregate.
2
r
7. Indemnification.
FRIENDS hereby agree to and shall indemnify, defend and hold CITY. its
officers. agents and employees harmless from any liability for damage or claim for
damage for personal injury, including death, and/or property damage which may arise
from the willful misconduct or negligent performance of this Agreement by FRIENDS or
FRIENDS' volunteers, participants. agems or employee operations undo-r this Agreement.
8. Meetings To Se Open: No[ice.
Board meetings of FRIENDS shall be open to the public.
9. Trail Work Days.
As arranged with the Department of Public Works, FRIENDS shall
provide periodic trail and creek work days.
e ,~ B_ The Obligations of CITY.
i='f,;
n~z~°~ 1. CITY shall provide office space for FRIENDS at McClellan Ranch Park
asiper a separate agreement.
` 2. CITY shall keep officers of FRIENDS informed of relevant issues
pertaining to the development of the Stevens Creek Trail.
a. City facilities will be made available to th.: FRIENDS for meetings
'and fund raising events, subject to City's policies on use of City faciltties.
b. City shall establish appropriate accounting procedures for CITY to
use when processing funds accepted from FRIENDS. Such procedures shall provide an
auditable *_racking of revenues and errendiiures of funds turned over to CITY by
FRIENDS.
3. CITY Representation.
FRIENDS.
The Director of Parks and Recreation s!iall serve as City liaison to
3
Article II TelTrtc oi'ALF~~~reach- Q~~r on titions
A. "i~etTtt of Agreement.
This Agreement shall commence on the date written about and continue
indefinitely unless either party gives written notice in writing of its intent to terminate at
least sixty (50) days prior to the effective date oFtennination. In the event the agreement
is terminated. FRIENDS shall submit to City a final accounting of funds raised.
B. Termination-
This Agreement may be terminated by either party for material breach of its terms
or obligations. Prior to such termination, the terminating party shall give written notice of
the breach and shall allow a ninety (90) d:ty period in which to cure the breach. In
addition to any other remedy provided by law, any material or financial irregularity
coming to the attention of CITY may be cause for immediate suspension of the agreement
? until a remedy or explanation of the irregularity is made to the satisfaction of C1"''Y's
^h~.
Finance Director.
C. .Modification of Agreement.
This Agreement may be modified at any time upon the agreement of both parties.
The party wishing the modification shall submit a ~ -ritten proposal for modification to the
address provided for notice-
D. Notices.
Any notice reduired to be given by this Agreement shall be sufficient if hand
delivered, mailed, faxed or sent prepaid by commercial overnight delivery services as
follows or to such other addresses as the affected party shall specify in w~r-itinb.
To CITY: Director of Parks and Recreation
City of Cupertino
10300 Torre Avenue
Cupertino. CA 95014
To FRIENDS: Friends of Stevens Creek Trail
McCLellan Ranch Park
22221 McClellan Road
Cupertino, CA 95014
4
,,
e .
E. No Assignment.
This Agreement is personal to FRIENDS and shall not be assigned by FRIENDS
at any time without the express written consent of CITY's City Council. Neither shall
FRIENDS assign any of its rights hereunder without such consent. CITY's City Council
retains the right to approve or deny such an assignment in its sole and absolute discretion.
F_ No Hypothecation.
FRIENDS shall not hypothPc:.:e or otherwise: encumber or borrow against any
asset, right of action, funds or other thing of value provided to FRIENDS by CITY
without the express written consent of CITY's City ~~ouncil. CITY's City Council retains
the right to approve or deny approval of such transaction in its sole and absolute
discretion.
G_ Authority to Act.
Unless otherwise specified in this Agreement, CITY's City Manager or his or her
w>~" written destgnee shall be the sole party authorized to act on behalf of CITY with regard to
~~ this Agreemenf= Unless otherwise specifed in Lhis ~.greement.
FRIENDS' president or his or her written designee :hall be the sole party authorized to
act on behalf of FRIENDS.
Dated for convenience and effective on the date first written above and executed
at Cupertino, California.
Friends of Stevens Creek Tt2i1
President ~
By _ ~ ~ /~
Dona d .Brown
,/ City Manager
Attested By ~fi~'i /~~
Kim Smith
City Clerk
//~
Approved z ~ to form
Charles T. Kill
city Attorney