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HomeMy Public PortalAboutResolution - 04-23- 20040623 - Call Election San Mateo C RESOLUTION No. 04-23 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CALLING AN ELECTION AND REQUESTING ELECTIONS CONSOLIDATED SERVICES—SAN MATEO COUNTY STATE OF CALIFORNIA ) ss. County of San Mateo WHEREAS, in accordance with Sections 5530 and 5533 of the Public Resources Code, a Biennial Governing Board Member Election has been ordered to be held on Tuesday,November 2, 2004 in the Midpeninsula Regional Open Space District of San Mateo County for the purpose of electing one (1) Director of the Governing Board of the District; and WHEREAS, pursuant to Part 3 (commencing with Section 10400) of Division 10 of the Elections Code, such election may be either completely or partially consolidated. NOW, THEREFORE, the Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: 1. Pursuant to Public Resources Code Sections 5530 and 5533, the Board of Directors of the Midpeninsula Regional Open Space District does call an election in the District for the election of one (1) member of the Board of Directors of the District in Ward 7 on Tuesday,November 2, 2004. 2. That said election be consolidated with the statewide general election to be held in San Mateo County on said date. 3. That the election precincts, polling places, voting booths and election officials in each of the precincts shall, to the extent practicable, be the same as provided for the statewide election on said date, as prescribed by the ordinance, order, resolution, or notice of the Board of Supervisors of said County calling, providing for, or giving notice of such other election and which sets forth such precincts, voting booths, polling places and election officials. 4. That the Board of Supervisors of San Mateo County is hereby authorized and instructed to canvass the returns of said election for the office of members of the Board of Directors of the Midpeninsula Regional Open Space District and is requested to certify the results of said election to the Board of Directors of the District. 5. The Board of Directors further requests, pursuant to Election Code Section 10002, that County election official(s) be authorized to render services to the District relating to the conduct of said election. The services shall be of the type normally performed by such County election official(s) in conducting elections including, but not limited to, checking registrations, printing and mailing ballots, ballot arguments, candidates' statements, hiring election officers and arranging for polling places, and providing and distributing election supplies. 6. The General Manager of the District is hereby authorized to reimburse the County in full for the services performed upon presentation of a bill to the District. 7. The District Clerk is hereby directed to submit a certified copy of this Resolution to the Board of Supervisors of the County of San Mateo, and to appropriate County election officials of said County. RESOLUTION NO. 04-23 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on June 23, 2004, at a Regular Meeting thereof, by the following vote: AYES: J. Cyr, M. Davey, N. Hanko, L. Hassett, D. Little, K. Nitz, P. Siemens NOES: None ABSTAIN: None ABSENT: None ATTEST: APPROVED: al� �-- �F 1 a2 cretary President Board of Directors Board of Directors I, the District Clerk of the Midpeninsula Regional Open Space District,hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. 01 Dis Clerk ` COMMUNICATIONS SITE LEASE AGREEMENT l. ._—.—.._......-------------------.-----_------... 2 3. Use. ......................................................................................................................................... 2 | 4. Term ....................................................................................................................................... 2 5. Rent ........................................................................................................................................ 3 6. --^^—^^^^'`^--'^---..,..,_._.—..._—.-_~.—.--.---,._---.----- 3 7. .-----------------..—.—.----,—..—.-----4 0. ------------------------,.---.---------- ^ � 9. —.--.------.----.-------------.—.----.----. 4 i l[i ----..--......—..---..—_..----.._--------.. 4 lL ----------.----_...--.—..—..---.---.._----.----. 5 12. ---.--.----.--.--.....—_......—...------.---------. 6 13. ----. h 14` Liens.................................................................................................................................... 6 15. -----.--.------------------. 6 16. -----.—._...--.--...--....-.-------.—_------.. 7 17. ---.--.—.--....-------._--.—.—.—_--..------_----- 7 10. —.-------.--.--------------------.. 7 lg. ..-------.—..,—..—.—...—.—...._...------.------.. 8 20. .......-.._.---.,.--..—.,----.----.,.--,—.-----.---- 8 21. Surrender, Waiver of Relocation Rights............................................................................. 8 � 22. -------..—.--....--..----._—..----.----.----.. 9 23. Waiver —.----.—.,.,—.—._._..__.__..--.,.._..._--.--.—.-------.. 10 24. -----..--.—..--------.--......-------.— lO 25. --------------.------------------- lU 26. -----------...—.--._.—..—..----.---------------- l] � ======� � 27. -------------------------.------_----- l2 28. -----.----------------------------.. l2 29. --------------..—.—.—.------- l2 30. ------...--..---------.--.—..--...------.. l2 Exhibit&_Premises Site Map | Exhibit—Distrio1 Remz a�mns and Policies - ExbibitC—AnthorizedImpmvenents � � l � � � THIS LEASE is made and entered into by and between the Midpeninsula Regional Open Space District, a California special district, ("District"), and MetroPCSCalifomia/Florida Inc., a Delaware corporation, d/b/a MetroPCS ("Lessee"). WHEREAS, District is the owner of certain real property, also known as Assessor's Parcel Number 050-470-080 which includes an existing Pacific Gas and Electric Company, a California corporation ("PG&E") high voltage tower("Tower"), located in the County of San Mateo, State of California, and which is part of District's Pulgas Ridge Open Space Preserve(the "Preserve"), as depicted on Exhibit A—Premises Site May, attached hereto and incorporated herein by this reference; and WHEREAS, Lessee plans to install, operate and maintain on and around the Tower location, a cellular communications site and related equipment, transmission lines, equipment cabinets, cable runs and utility lines all pursuant to the terms and conditions hereof. NOW THEREFORE, District and Lessee agree: 1. Premises. Subject to the terms and conditions herein,District leases to Lessee that certain portion of Preserve consisting of approximately fifteen and seventy-six hundredths (15.76) square feet adjacent to the Tower, including such easements as are necessary for related access and utilities (the"Premises"). 2. Use. The Premises may be used for the purposes of installing, replacing, operating, maintaining and removing equipment useful or necessary for the transmission and reception of electromagnetic and other communications signals, and for all lawful uses incidental thereto, and for no other purpose or purposes without District's prior written consent. District agrees, to the extent allowed by law and only if at no expense to District,to cooperate with Lessee in making application to obtain all licenses,permits and any and all other necessary approvals that may be required for Lessee's permitted use of the Premises. Lessee shall use the Premises only in accordance with all statutes, ordinances, rules,regulations,and other statements of lawful governmental authority having jurisdiction over the Premises, and Lessee's use thereof, as are now in force or which may hereafter be promulgated(collectively"Regulations"), and shall, at its own expense, abide by and comply with any and all such Regulations regulating Lessee's use of the Premises. Such Regulations include the "Regulations for Use of Mid peninsula Regional � � p g Open Space District Land" (Ordinance No. 93-1 as amended) and Item No. 3 of the Mid peninsula Regional en Space District Basic Policy, both of which are attached hereto as p � p Y Exhibit B—District Regulations &Policies and incorporated herein by this reference. This Lease, and Lessee's obligations hereunder, are expressly conditioned upon and subject to Lessee obtaining all applicable permits, including but not limited to"Use" and "Building"permits, from all necessary and appropriate government agencies to build and operate the "Improvements" as such are defined in Paragraph 6 hereof. 3. Term. a) The Term of this Lease shall begin upon execution hereof by District("Commencement Date") and shall expire five (5) years thereafter, unless sooner terminated in accordance 2 with the provisions hereof, or unless extended by exercise of an option to extend the Term pursuant to Paragraph 24 hereof. b) Lessee acknowledges that California Public Resources Code Section 5563 provides, in part, that: "When land or property is temporarily unnecessary for park or open space purposes, it may be leased for other purposes for a term not exceeding 25 years with an express provision in the lease that should the board by ordinance determine to use the lands for park, open space, or other District purposes,the lease shall thereby be terminated." Accordingly, notwithstanding anything to the contrary contained herein, District shall be entitled to terminate this Lease, at any time during the Term hereof, pursuant to the procedure set forth in Section 5563, provided only that District delivers to Lessee: i. thirty(30) days prior written notice of any hearing or meeting to consider or adopt a resolution or ordinance affecting or terminating this Lease; and ii. written notice of such termination at least twelve (12)months prior to the date on which such termination shall become effective. 4. Rent. a) On or before the Commencement Date hereof and thereafter annually on or before such anniversary, Lessee shall pay District the rental at the rate then in effect. The rent ("Rent") for the first year following the Commencement Date shall be the sum of Seventeen-Thousand Dollars ($17,000.00). The Rent shall be increased annually during the initial five-year Term as follows: Second year of the Lease $17,680.00 Third year of the Lease $18,387.00 Fourth year of the Lease $19,123.00 Fifth year of the Lease $19,887.00 b) All Rent payable by Lessee under this Lease shall be payable without notice or demand, and without any deduction, offset or abatement, in lawful money of the United States of America, to District at the address shown in Paragraph 26, or to such other persons, or at such other places, as District may from time to time designate in writing. c) If Lessee fails to pay any Rent within five (5) days following the date due for such payment, such unpaid amounts shall be subject to a late payment charge equal to twelve percent (12%) of the unpaid amounts in each instance. The late payment charge has been agreed upon by Lessee and District, after negotiation, as a reasonable estimate of the additional administrative costs and detriment that will be suffered by District as a result of any such failure by Lessee, the actual costs thereof being extremely difficult if not impossible to determine. The late payment charge constitutes liquidated damages to compensate District for its damages resulting from such failure to pay and shall be paid to District together with such unpaid amounts. d) Any Rent, if not paid within five (5) days following the date due for such payment, such unpaid amounts shall bear interest, until paid, at the lesser of 1.5%per month or the highest legally permissible rate then in effect. 5. Taxes. Lessee shall pay all possessory interest taxes leveled against the Premises and the Improvements during the Lease Term. Lessee shall pay such taxes at least ten (10) days prior to delinquency 3 thereof and shall, upon written request,promptly deliver to District written receipts or other reasonable evidence of the payment thereof. 6. Authorized Improvements. a) Lessee shall install, maintain and operate the Cell Site improvements ("Improvements") in accordance with, and as more particularly shown and described, on the Plans attached as Exhibit C and incorporated herein. Such plans may be altered by written amendment hereto if such alteration is required of Lessee as a condition of approval of a lawfully required pen-nit. b) Lessee, in cooperation with other lessees and at no expense to District, shall prepare and submit to the County of San Mateo, such master plan for the existing facilities, and any proposed future installations at the Premises, as may be required by said County. c) Lessee shall have prepared, and promptly submit to District, a complete and accurate set of drawings showing the Improvements, to scale and"as-built", with ties to the nearest comer of the Parcel and depicting the footprint of the Tower. d) District waives any lien rights it may have concerning the Improvements, which are agreed to be the personal property of Lessee and not fixtures. Lessee shall have the right to remove the Improvements at any time without District's consent, subject to strict compliance by Lessee with all provisions hereof relating to Termination (Paragraph 19), Surrender of the Premises (Paragraph 23) and such other matters herein as are expressly provided for as surviving termination. 7. PG&E Easement. Tower is on the Preserve pursuant to an easement for the benefit of PG&E ("PG&E Easement") recorded in Volume 2660 at Page 206 in the Official Records of the County of San Mateo, which provides, inter alia, for easements and rights of way to construct, reconstruct, install, maintain and operate electrical transmission lines, including steel structures and necessary or convenient fixtures, appurtenances, accessories and crossarms attached to such steel structures and the suspension of wires and cables for the transmission of electricity. District agrees not to interfere with or contest Lessee's use of the PG&E Easement for purposes consistent with this Lease. 8. Access to Premises. a) Lessee shall have the right, upon full execution of this Lease, to enter onto the Premises for the purpose of preparing for the installation of the Improvements. Lessee may not begin installation of the Improvements until it has obtained all necessary approvals and permits from government agencies with jurisdiction over the project. b) Lessee shall have the sole responsibility for obtaining any rights necessary for use of the road ("Access Road")between the California Department of Transportation "Park and Ride" lot adjacent to Edgewood Road and Highway 280 and the Premises as such are generally depicted on Exhibit A hereto. 9. Maintenance and RMair. a) Lessee acknowledges that it has inspected the Premises, and Lessee expressly accepts the Premises "as is" in the condition existing as of Lessee's execution hereof without representation or warranty of any kind and subject to all applicable laws, rules and 4 r ordinances, including without limitation,zoning ordinances and regulations governing the use, occupancy or possession of the Premises. Lessee represents and warrants to District that Lessee has conducted a reasonably diligent investigation, either independently or through agents of Lessee's choosing, of the condition of the Premises and the suitability of the Premises for Lessee's intended use and Lessee is relying solely on its independent investigation. b) Lessee further represents and warrants that its intended use of the Premises is as described in Paragraph 3 hereof and agrees that neither District nor any of its directors, employees or agents have made, and Lessee disclaims any, representations or warranties, express or implied, with respect to the physical, structural or environmental condition of the Premises, or the present or future suitability of the Premises, for the conduct of Lessee's business, or any other matter whatsoever relating to the Premises, including, without limitation, any implied warranties of merchantability or fitness of the Premises for a particular purpose. c) Lessee shall, at Lessee's sole expense, maintain the Premises in good, safe and sanitary condition, order and repair, and shall keep the Premises free from trash and other debris and keep the wood fence enclosure under the Tower in good repair,painted and free of graffiti. Lessee shall promptly make all repairs and replacements at Lessee's sole expense, at such times as are required for the safe and lawful operation of the Improvements in full compliance with this Lease, or when otherwise required hereunder, in such manner as is reasonably pre-approved by District,by duly licensed and bonded contractors or mechanics. Lessee shall promptly remove from the Premises any vehicles, machinery, equipment or other items that Lessee no longer uses in the conduct of its business on the Premises. 10. Alterations. a) Except for the permitted Improvements, Lessee shall not make or permit to be made any substantial alterations, additions or improvements ("Alteration)to, or of, the Premises or any part thereof without the prior written consent of District. b) Except for the permitted Improvements, District shall be entitled to review and accept or reject the design of any Alteration that Lessee may desire to make to the Premises. Prior to commencing construction or installation of any Alteration the design of which District determines is acceptable, Lessee shall deliver to District detailed plans and specifications for such construction or installation and obtain District's consent thereto. c) Any consent given by District pursuant to this Paragraph 10 shall not constitute implied consent to any subsequent Alteration upon or to the Premises, except for the permitted Alteration, and shall apply only to those items or matters for which consent of District was expressly requested. d) Lessee shall notify District at least ten(10)days in advance of any construction on the Premises, and District shall be entitled to post on the Premises notices of non- responsibility in favor of District prior to commencement of any such construction. e) Notwithstanding subsections a) and b) above, Lessee shall have the right to make Alteration to, or of, the Improvements without securing District's prior approval provided that such Alteration either substantially conforms to, or is smaller than, the physical specifications (i.e. height,width, depth and size) of Improvements previously approved by District, and which do not extend beyond the boundary of the Premises. 5 11. Utilities. Lessee shall be solely responsible for all utilities, and any charges therefore, furnished to the Premises for the construction, installation, use, operation or maintenance of Improvements. 12. Interference with Communications and Indemnification of Interference Claims. a) Lessee's facilities shall not disturb the communications configurations, equipment and frequency that exist on District Land on the Commencement Date, and Lessee's facilities shall comply with all non-interference rules of the Federal Communications Commission ("FCC"). Lessee shall not modify any existing equipment or install any new equipment on the Property that results in technical interference with any other existing equipment or improvements, including that of any other lessees of District. Lessee agrees to indemnify District, hold District harmless and defend District from and against any and all claims, demands, or actions arising from claims of other lessees of District which exist and are in operation on the Commencement Date of frequency interference caused by Lessee, provided said other lessees are operating within their assigned frequencies and in accordance with FCC Rules and Regulations and further provided Lessee is not operating within its licensed and assigned frequencies and in accordance with FCC Rules and Regulations. The parties acknowledge that the FCC has exclusive jurisdiction over disputes regarding frequency interference. b District shall not permit the modification or improvements rovements of existing,g, or installati on of any new, equipment on the Property, which results in technical interference with Lessee's then existing communications equipment and Improvements. In any future lease, license or other grant of permi ssion to use District's Land, District shall require said user to expressly agree for the benefit of Lessee to not install or operate an equipment p Y �' P Ywhich � would cause technical interference to Lessee's then existing communications facilities located on the Premises. 13. Liens. S Lessee shall keep the Premises free from any liens arising out of any work performed, materials furnished or obligations incurred by Lessee. 14. Waiver of Claims and Indemnification. Lessee waives all claims against District for loss of business or for damage to property, including the Improvements and any alterations thereto and any equipment or machinery therein, or injury or death to persons occurring in, on, or about the Premises, or the Access Road, from any cause arising at any time, except as may be caused by the negligence or willful misconduct of District. Lessee, on behalf of itself and its agents and employees, hereby indemnifies District and holds District exempt and harmless from and against any lawsuit, action, or claim of any kind, for any damage to property or injury or death to persons to the extent caused by the use by Lessee or its agents and employees of the Premises, or the Access Road, or from the failure of Lessee to keep the Premises, or the Access Road in good and safe condition as herein provided. District shall not be liable to Lessee or its agents and employees for any damage, injury, or death arising out of the act or negligence of any owner, occupant, or user of any property adjacent to or in the vicinity of the Premises and not owned by District. Lessee shall pay for all damage to the Premises and surrounding areas caused by Lessee's employees, invitees, licensees, agents, and contractors. 6 e 15. Condemnation. If a condemning authority takes all of District's Land, or a portion,which in Lessee's opinion is sufficient to render the Premises unsuitable for Lessee's use, then this Lease shall terminate as of the date when possession is delivered to the condemning authority. In any condemnation proceedings each party shall be entitled to make a claim against the condemning authority for just compensation. Sale of all or art of the Premises to a purchaser wit h the power of eminent J p P P domain in the face of the exercise of its power of eminent domain shall be treated as a taking by a condemning authority. 16. Insurance. a) Lessee shall maintain at all times during the Term of this Agreement the following insurance: i. Commercial General Liability with limits of at least Two Million and 00/100 Dollars ($2,000,000.00)per occurrence, and excess liability coverage in the form of an umbrella policy of not less than Five Million and 00/100 Dollars ($5,000,000.00); ii. Automobile Liability with a combined single limit of$1,000,000.00 per accident; iii. Workers Compensation as required by law; and iv. Employer's Liability with limits of$1,000,000.00 per occurrence. b) Lessee shall name District as an additional insured with respect to the Commercial General Liability and Automobile Liability insurance policies. c) All required insurance policies must be taken out with insurers admitted in California. Lessee will deliver certificates of insurance to District upon request. All policies must contain an undertaking by the insurers to notify District in writing not less than thirty(30) days (or for non-payment of premiums,not less than ten(10) days preceding cancellation)before any material change, reduction in coverage, cancellation, or termination of the insurance. The limits of such insurance shall in no event be deemed to limit the liability of Lessee hereunder. d) District shall have no obligation to insure against loss of Lessee's Improvements, fixtures, machinery, equipment, or other personal property in or about the Premises except where such loss is attributable to District's negligence or willful misconduct, and Lessee shall have no interest in the proceeds of any insurance carried by District except where such loss is attributable to District's negligence or willful misconduct. 17. Assignment and Subleasing. a) Lessee may not assign, sublet or otherwise transfer all or any part of its interest in this Agreement or in the Premises without the prior written consent of District. Lessee acknowledges that District may review the terms of any proposed transfer or assignment as well as the financial, technical and managerial capacity of any proposed assignee to assume the obligations of this Lease. Lessee agrees to pay to District the sum of $2,500.00 upon approval of any such assignment by District to compensate District for its review and transaction costs. Notwithstanding anything herein to the contrary, approval shall not be unreasonably withheld or delayed. b) District may assign this Agreement upon written notice to Lessee, subject to such assignee assuming all of District's obligations hereunder. 7 18. Entry District. District may, at any and all reasonable times, enter onto the Premises to inspect the same, to exhibit the Premises to prospective purchasers or Lessees, or to post notices of non- responsibility, all without abatement of rent payable by Lessee hereunder. Lessee hereby waives any claim for damages for any loss of occupancy or quiet enjoyment of the Premises occasioned thereby. Notwithstanding the foregoing, District shall not access, disturb or open any of Lessee's equipment or Improvements located on the Premises, except in the case of an emergency situation which poses a substantial immediate threat of injury to persons or damage to Property, District shall give Lessee as much prior notice as is reasonably possible under the circumstances prior to any such emergency entry. 19. Termination. This Lease may be terminated without further liability on thirty(30) days'prior written notice as follows: (i)by either party upon default of any covenant, condition, or term hereof by the other party, which default is not cured within sixty(60) days of receipt of written notice of such default, or, in the event of a default that requires in excess of sixty(60) days to complete the cure, if the curing party has not commenced such cure within sixty(60) days of such notice or has not diligently prosecuted said cure to completion within 180 days of receipt of written notice of default; (ii)by Lessee if it does not obtain or does not maintain, such licenses, permits and other approvals necessary to the construction or operation of Lessee's Facilities; (iii)by Lessee if Lessee is unable to occupy or utilize the Premises due to a ruling or directive of the FCC or other governmental or regulatory agency, including but not limited to, a take back of channels or change in frequencies; (iv) by Lessee if Lessee determines that the Premises are not appropriate for its operations for economic, environmental or technological reasons, including without limitation, signal strength or interference; or(v) in any other manner permitted under this Lease, all subject however to Lessee's obligations for surrender of the Premises pursuant to Paragraph 23, the provisions of which shall survive any such termination. 20. Surrender, Waiver of Relocation Rights. Upon expiration or sooner termination of the Tenn of this Lease, Lessee shall vacate the Premises and remove all persons and personal property there from, and shall surrender possession of the Premises to District with the condition of the Premises as it existed at the com- mencement of the Tenn of this Lease, subject only to reasonable wear and tear and damage due to causes beyond the reasonable control of Lessee. Lessee hereby specifically waives any rights to, and releases District from any and all claims for, relocation benefits and/or relocation payments to which Lessee and those claiming through Tenant might otherwise be entitled pursuant to California Government Code Section 7260 et seq., and any similar or successor statutes. Lessee shall hold District harmless from and indemnify District against any and all liability, cost, and expense suffered or incurred by District and arising in connection with any such right or claim. By signing below, Lessee specifically recognizes and accepts the terms of Paragraph 20 of this Lease. THIS IS A WAIVER OF RELOCATION BENEfITS. Dated: tlzl(d For Lessee by: 8 21. Security Deposit. Concurrently with its execution of this Lease, Lessee has deposited with District an Irrevocable Letter Of Credit, Surety Bond or Other Security Deposit, acceptable to the District, in a face amount of not less than $17,000.00 to secure the faithful performance by Lessee of all the terms and conditions of this Lease including,but not limited to, the restoration of the Premises a) Irrevocable Letter Of Credit. Lessee agrees that if it shall fail to pay when due any installment of rent or any other sums due under this Lease to be paid by Lessee to District, or if Lessee shall default in or breach any other terms, covenants and conditions of this Lease and District shall suffer any damages as a result of said default or breach, then in such event District may, at its option(but District shall not be required to) draw upon said Irrevocable Letter of Credit for any rent or other sum due and unpaid by Lessee to District hereunder, for any damage suffered by District as a result of such default or breach to the extent of the amount of damage suffered by District,or for any reasonable attorneys fees incurred by District in connection with such default or breach. District shall be required only to notify, in writing, the issuer of said Irrevocable Letter of Credit of the default and of the amount claimed thereunder for honor of said Irrevocable Letter of Credit. Should the Irrevocable Letter of Credit be drawn upon by District as herein provided, then Lessee shall forthwith cause said Irrevocable Letter of Credit to be restored to its original amount, and Lessee's failure to do so within ten(10)days after written notice by District shall constitute a breach of this Lease. b) Surety Bond. If Lessee and District agree to use a Surety Bond to secure full and complete performance under this Lease as more particularly set forth above, such Surety Bond shall be issued by an"admitted surety insurer"as defined by California Code of Civil Procedure, Chapter 2, Bonds and Undertaking, Section 995.120(a). Surety bonds and all riders to the surety bonds shall be executed by the surety company's Attorney-In-Fact and the Attorney- In-Fact's appointment or power of attorney must accompany all copies of the bond or rider being submitted. Such Surety Bond shall be continuous in form, remain in full force and effect, and run concurrently with the Lease term and any and all extensions thereof, or until cancellation or withdrawal of the surety from the bond. In the event of such cancellation or withdrawal, Lessee shall provide a comparable Surety Bond prior to such cancellation or withdrawal so that there is no break in the coverage provided thereby. c) Other Security Deposit. If Lessee and District agree to use a form of security other than an Irrevocable Letter of Credit or Surety Bond as set forth above, such other security shall comply with the provisions of California Code of Civil Procedure, Chapter 2,Bonds and Undertaking, Article 7, Deposit in Lieu of Bond, Section 995.710 etseq.. Should District draw upon the Other Security Deposit, Lessee shall promptly replace or restore such Other Security Deposit to the full dollar amount required hereunder. d) Return of Security Deposit. Should Lessee comply with all of the terms, covenants and conditions of this Lease and promptly pay all rental herein provided for as it falls due and all other sums payable by Lessee to District hereunder, the un-appropriated balance of Lessee's Security Deposit shall be returned to Lessee at the expiration of the Term of this Lease or upon such earlier termination as is permitted herein. Should District sell or otherwise convey its interest in the Premises during the term hereof and, if District deposits with the purchaser thereof the then un-appropriated funds deposited by Lessee as aforesaid, thereupon District shall be discharged from any further liability with respect to such deposit. 9 22. Waiver. The waiver by either party of a breach of any term, covenant, or condition herein contained by the other party shall not be deemed to be a waiver of such term, covenant, or condition or any subsequent breach of the same or any other term, covenant, or condition herein contained. The subsequent acceptance of rent hereunder by District shall not be deemed to be a waiver of any preceding breach by Lessee of any term, covenant or condition of this Lease, other than the failure of Lessee to pay the particular rent so accepted. 23. Surrender of Premises. a) Upon the termination of this Lease for any reason, Lessee shall vacate the Premises, remove the personal property of Lessee and repair any damage or injury to the Premises or to any building, structure or improvement occasioned by operation or said personal property removal and restore the Premises to the same condition as when Lessee took possession. b) Lessee specifically waives any rights to, and releases District from, any and all claims for relocation benefits and/or relocation payments to which Lessee might otherwise be or become entitled to pursuant to California Government Code Section 7260 et seq., or any similar or successor federal or state statutes. Lessee shall hold District harmless from, and indemnify District against, any and all liabilities, costs, and expenses suffered or incurred by District in connection with any such right or claim. 24. tion to Extend Term. a) District hereby grants to Lessee an Option to extend the Term of this Lease for an additional period of five (5) years upon expiration of the initial five-year Term of this Lease, and three (3) Additional Options each to extend the Term of this Lease for one additional period of five (5) years each upon expiration of the immediately preceding five (5) year period, so that the maximum Term of this Lease, including the initial five years of this Lease, shall be a total of twenty-five (25) years (collectively or individually, "Extended Option Term"). Each of such four(4) Options shall be exercised by Lessee, if at all, by Lessee's delivery of written notice of exercise of such Option to District at least ninety(90) days,but not more than two hundred-seventy(270) days, prior to expiration of the Lease Term (as extended, if at all, from time to time). Notwithstanding the foregoing, if Lessee is in material default hereunder on the date of delivery of any notice required to be given in order to exercise an Option, said notice shall be of no force or effect, or if Lessee is in material default on the date the extended Term referred to in any such notice is to commence, such Extended Option Term shall not commence and this Lease shall expire at the end of the Term during which such notice is given. Lessee shall not be entitled to exercise any Option to extend following the first Option to extend unless each and until all of the preceding Options to extend have been properly exercised in accordance with the provisions of this Paragraph 24. In the event the Term of this Lease shall for any reason expire or terminate, all Options to extend which have not been exercised shall be deemed to terminate upon such expiration or sooner termination, and shall thereafter be of no further force or effect. After Lessee's exercise of any one or more of said Options to extend, all references in this Lease to the Tenn shall be considered to mean the Term as extended, and all references to expiration or termination 10 of the Term of this Lease shall be considered to mean the expiration or termination of the Tenn as extended. For purposes of this Paragraph 24 a material default shall mean a default that has not been cured within the cure periods provided for in Paragraph 19 above. b) Upon exercise by Lessee of any of the four Options to extend the Lease Tenn for a period of five(5) years granted pursuant to Paragraph 25(a) above, the parties shall have sixty (60) days after the District receives the notice exercising said Option during which to agree upon the amount of Initial Year Rent to be payable upon the commencement of the Extended Option Term referred to in said notice. If the parties agree upon the amount of the Initial Year Rent for the first year of said Extended Option Term, they shall immediately thereafter execute an amendment to this Lease stating the amount thereof. If the parties are unable for any reason to agree upon the amount of such Initial Year Rent within said sixty(60) day period, the Initial Year Rent shall be determined by arbitration utilizing the following procedures: (i) District shall propose the names of three arbitrators within ten (10)business days of said sixty(60) day period to Lessee; (ii) Lessee shall have ten (10)business days thereafter to select an arbitrator from the names proposed by District; and (iii) the arbitrator so selected shall determine the Initial Year Rent as being either a value equal to that proposed by a party or a value in between those proposed by the parties. The decision of the arbitrator shall be binding on both parties. The costs of arbitration shall be borne equally by Lessee and District. All arbitration shall be completed prior to the expiration date of the Term hereof. Such arbitration shall be conducted in accordance with the then current rules of the American Arbitration Association. 25. Notices. All notices, statements, demands, requests, approvals, or consents (collectively"notices") given hereunder by either party to the other shall be made in writing and shall be served personally or by first class mail, certified or return receipt requested, postage prepaid, and addressed to the parties as follows: District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Attn: General Manager (650) 691-1200 - TEL (650) 691-0485 - FAX Lessee: MetroPCS Califomia/Florida, Inc. 8144 Walnut Hill Lane, Ath F11—le 54v. 600 Dallas, TX 75231 Attn: Property Manger With copy to: Metro PCS 1080 Marina Village Parkway, 4th Floor Alameda, CA 94501 Attn: Property Manager or to such other address as either party may have furnished to the other as a place for the service of notice. Any notice so served by mail shall be deemed to have been delivered three (3) days after the date posted. 26. Attorneys'Fees. If any action at law or in equity shall be brought to recover any rent under this Lease, or for or on account of any breach of, or to enforce or interpret any of the provisions of this Lease, or for the recovery of the possession of the Premises, the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees and costs, the amount of which shall be fixed by the court and shall be made a part of any judgment rendered. 27. Hazardous Substances. Lessee agrees that it will not use, generate, store or dispose of any Hazardous Material on, under, about or within the Property in violation of any law or regulation. As used in this Paragraph, "Hazardous Material" shall mean petroleum or any petroleum product, asbestos, any substance known by the state in which the Property is located to cause cancer and/or reproductive toxicity, and/or any substance, chemical or waste that is identified as hazardous,toxic or dangerous in any applicable federal, state or local law or regulation. This Paragraph shall survive the termination of this Agreement. 28. Warranties and Covenants of District. District warrants and covenants to Lessee that District is the owner and/or has legal right to possession of District Land and the Premises and the power and the right to enter into this Lease, and that Lessee, upon the faithful performance of the terms, conditions and obligations of Lessee, contained in this Lease, shall peaceable and quietly hold and enjoy the Premises and Access Road upon the terms, covenants and conditions set forth in this Lease throughout the term of this Lease and any extensions thereof. 29. General Provisions. a) This Lease contains all of the terms, covenants, and conditions agreed to by District and Lessee, and this Lease may not be modified orally or in any manner other than by an agreement in writing signed by all of the parties to this Lease or their respective successors in interest. b) The covenants and conditions hereof, subject to the provisions as to subletting and assignment, shall inure to the benefit of and bind the heirs, successors, executors, administrators, sublessees, and assigns of the parties. c) When the context of this Lease requires, a reference to the male gender includes the female gender, a corporation, or a partnership, and a reference in the singular include the plural. d) The captions of this Lease are for convenience only and are not a part of this Lease and do not in any way limit or amplify the terms and provisions of this Lease. e) This Lease shall be governed and construed in accordance with the laws of the State of California. Time is of the essence as to all of the provisions of this Lease as to which time of performance is a factor. 12 i g) All persons who have signed this Lease on behalf of Lessee shall be jointly and severally liable hereunder. h) If requested by Lessee, District will execute a recordable memorandum of this Lease. IN WITNESS WHEREOF, District and Lessee have executed this Agreement as of the day and year first written above. DISTRICT LESSEE MetroPCS California/Florida Inc MIDPENINSULA REGIONAL OPEN By: SPACE DISTRICT, a California special district NC �JYCSl1�%` 1 V Title: V a�l�r►� Approved as to Form: Date: (b D Susan M. Schectman General Counsel Approved and Accepted: Mary C. Davey President, Board of Directors Date: �- Attest: Sall iefoldt District Clerk 13 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PULGAS RIDGE OPEN SPACE PRESERVE �• DISTRICT LAND ••`•� EXISTING PG&E TOWER • .I--loo,•• .�• ACCESS ROAD CALTRANS PARK & RIDE QP� O 00 • / � � j• �O /• ti.� j• y� j N j.. o ` SCALE: 1 " = 120' EXHIBIT A EXHIBIT A- I AT&T LEASE - SITE LOCATION Pulgas Ridge Open Space Preserve --� \NI 800 v b �: Polly Geraci Trail Please stay . on trails. +..••' Lands adjacent are not open to the public. ••1.0 0.2 •• 0.3 ' �. •• Water Tank _ (PR02 •Hassler Trail•• ••�� Hassler Loo Trail �. 0 ..�:. •. 1 • •. �'� R: N •i 600 0.4 •.•....`.... Blue .ti Oak Trail 0.4 +� • a o° 280 400 Site EDGEWOOD COUNTY PARK — Location (San Mateo County) 0.0 .1 .2 .3 .4 .5 .6 .7 .B .9 1.0 One Mile Map Legend Trail Use 1.0 2 ❑ ❑ Gate(tt) Trail Distance in Miles Vehicle Driveway ••�������••• Dogs on leash Vehicle Parking Lot Other Public Lands No Public Entry Hiking permitted Private o,teased U.e, on all trails I EXHIBIT B REGULATIONS FOR USE OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT LANDS Adopted by Ordinance No. 93-1,July 28, 1993 Revised and Adopted by Ordinance No. 96-1, February 28, 1996 Revised and Adopted by Ordinance No. 03-01,June 6, 2003 Revised and Adopted by Ordinance No. 03-02,August 13, 2003 CHAPTER I. DEFINITIONS SECTION 100. TITLE. The following regulations shall be known as "Regulations for Use of MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Lands" and may be referred to as "land it use regulations." SECTION 101. PURPOSE. These regulations are adopted to provide responsible stewardship for District Lands, to establish orderly use, and to maintain a natural and quiet environment for persons on the lands. They are established according to the Basic Policy,of the Board of Directors of MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, adopted March 27, 1974, that The District will follow a land management policy that provides proper care of open space land, allowing public access appropriate to the nature of the land and consistent with ecological values." SECTION 102. DEFINITIONS. Unless the context otherwise requires, the following definitions shall govern the construction and interpretation of these regulations. SECTION 103. DISTRICT, DISTRICT LANDS DEFINED. "District"means the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT. The term "District Lands" includes all lands, structures, improvements, and waters owned, controlled, or managed by MIDPENINSULA REGIONAL OPEN SPACE DISTRICT. SECTION 104. PERSON DEFINED. "Person"means any individual, firm, corporation, club, municipality, district, or public agency, and all associations or combinations of persons whenever acting for themselves or by any agent, servant, or employee. SECTION 105. PERMIT OR PERMISSION DEFINED. Unless otherwise expressly provided herein, "permit"or"pen-nission" means permission, granted in writing by the general manager or an authorized representative of MIDPENINSULA REGIONAL OPEN SPACE DISTRICT. SECTION 106. BOARD DEFINED. "Board"means the Board of Directors of MIDPENINSULA REGIONAL OPEN SPACE DISTRICT. SECTION 107. HEADINGS AND DIVISIONS. Headings and divisions are for convenience only, and shall not be considered in the interpretation of this Ordinance, and shall not in any way affect the conduct or activities covered by other sections of this Ordinance. Page 1 CHAPTER II. REGULATIONS SECTION 200. GENERAL REGULATIONS. District Lands shall be open and accessible to all persons, except as may be provided by resolution, regulation, or rule of the Board or by individual site use and management plans adopted by the Board. 200.1 The Board may,by resolution, regulation, or rule, provide for a system of permits and the issuance thereof. It may by such system require permits for the use of certain lands, exempt certain lands or classifications of permits there from, and establish a system of fees and other policies in connection with the administration of a permit system. 200.2 Any person entering upon District Lands shall abide by the rules and regulations of the District, the regulations or provisions of any sign or posted notice, the conditions of any permit, the lawful order or other instruction of any District ranger or police officer appointed by the Board, the laws of the STATE OF CALIFORNIA, and all applicable county and other local ordinances. 200.3 The provisions of this Ordinance shall not apply to employees and officials of the District acting within the scope of their authorized duties. However, District employees and official shall abide by the laws of the STATE OF CALIFORNIA and all applicable county, and other local ordinances. 200.4 All District lessees, contractors, and consultants shall abide by all provisions of this Ordinance unless the provision(s) conflicts with a written contract or agreement with the District. When a conflict occurs, the conditions of the written contract or agreement shall take precedence. However, lessees, contractors, and consultants shall abide by the laws of the STATE OF CALIFORNIA and all applicable county, and other local ordinances. SECTION 201. SPECIAL REGULATIONS. Special regulations or requirements do not preclude the application of general regulations unless expressly indicated. CHAPTER III. GENERAL RULES t SECTION 300. AUTHORITY. All sections of this Ordinance are adopted pursuant a Sections 5541, 5558, and 5559 of the Public Resources Code of the STATE OF CALIFORNIA, and apply to all District Lands. A title, where used, does not limit the language of a section. SECTION 301. VIOLATIONS OF ORDINANCE A MISDEMEANOR OR INFRACTION. Any violation of this Ordinance or of any rule or regulation adopted by the District is, at the discretion of the prosecutor or the court, a misdemeanor or infraction. (Public Resources Code, Section 5560.) Page 2 SECTION 302. SEVERABILITY. If any chapter, section, subsection, paragraph, subparagraph, sentence, or clause of this Ordinance is, for any reason, held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Board of Directors declares that this Ordinance, and each chapter, section, subsection, paragraph, sentence, and clause thereof, would have been adopted regardless of such possible finding of invalidity or unconstitutionality and, to that end, the provisions of this Ordinance are hereby declared to be severable. SECTION 303. AMENDMENT OR REPEAL. When a section, rule, or regulation is amended or repealed, acts and commissions occurring before the amendment or repeal may be prosecuted as though such section, rule, or regulation had not been amended or repealed. SECTION 304. PUBLICATION. This Ordinance shall be published once, within 30 days after adoption, in a newspaper of general circulation printed,published, and circulated in the District and shall be effective from and after September 1, 1993. CHAPTER IV. PRESERVE USES - GENERAL SECTION 400. CAMPING. 400.1 General. No person shall erect or use a tent or shelter of any kind, arrange bedding, or prepare food in such a way that will enable a person to remain after closing hours, except by written permit in designated areas. 400.2 Juvenile. No juvenile shall camp on any District Lands, except when: 1) accompanied by a parent or guardian; 2) part of a group supervised by at least one adult responsible for each ten or fewer juveniles; 3) the juvenile is an emancipated minor. 400.3 Definition. A juvenile is defined as any person under the age of 18 years. SECTION 401. SWIMMING. 401.1 General. No person shall swim, wade, or engage in any water-contact activity in any water areas of the District except in designated areas. 401.2 Definition. "Water-contact activity"is defined as any activity in which the body of a person comes into physical contact with water areas, including, but not limited to Page 3 swimming, wading, aqua-planing,paddle boarding, skin diving, and water skiing. It does not include boating or fishing. 401.3 Definition. "Water areas of the District" is defined as all water areas on District Lands, including, but not limited to, natural and artificial swimming pools, reservoirs,ponds, lakes, creeks, streams, bays, tidal areas, and flood control channels. SECTION 402. BOATING. 402.1 General. No person shall place, or attempt to place, a boat, kayak, rubber raft, or other vessel of any description in the water of reservoirs, lakes, streams, or other water areas owned, managed, or controlled by the District, except as expressly allowed by permit or rule or regulation of the District. SECTION 403. FIREARMS TRAPS WEAPONS AND DANGEROUS DEVICES. 403.1 General. No person shall carry, possess, set, leave or deposit, fire or discharge, or cause to be fired or discharged, across, in, on, or into any portion of District Lands any weapon, gun or firearm, spear, missile, bow and arrow, cross bow, sling shot, trap or hunting device, air or gas weapon,paint ball gun, ammunition, throwing knife or axe, martial arts throwing device, or any other weapon or device capable of injuring or killing any person or animal, or damaging property or natural resource. 403.2 Exceptions. This section shall not apply to: 1) the possession of unloaded firearms or dangerous weapons on public roads solely for the purpose of transporting such firearms or dangerous weapons through District Lands for lawful purposes; 2) the possession of firearms or other dangerous weapons at a place of residence or business located on District Lands by a person in lawful possession of the residence or business; — ---� 3) the possession and use granted by permit for resource management or educational purposes. SECTION 404. FIRES. 404.1 General. No person shall light, build maintain or attempt to light, build, or maintain, a P g P fire of any nature on District Lands, except in permanent fixed barbecues, camp stoves or fireplaces established by the District. A fire shall include, but not be limited to any campfire, ground fire, warming fire, signal fire, charcoal fire, stove, gas lantern, punk, candle, smudge stick, flare, fuse, or any other incendiary device. This shall not apply to the permitted use of gas camp stoves or gas lanterns when used in designated camping areas. 404.2 Smoking. No person shall smoke on District Lands, except in designated areas. Page 4 SECTION 405. SANITATION. 405.1 Dis osal of Effluent. No person shall deposit waste water, sewage or effluent from sinks, P P p portable toilets, or other fixtures upon or into the ground or water. 405.2 Use of Facilities. No person shall deposit any waste in or on any portion of any restroom or other structure except into fixtures provided for that purpose. 405.3 Protection of Facilities. No person shall place any bottle, can, cloth, rag, metal, wood, paper, stone, or other substances in any fixture in such a manner as would interfere with the normal operation of such fixture. 405.4 Public View. No person shall defecate or urinate in public view. SECTION 406. METAL DETECTORS. 406.1 General. No person shall use a metal detector or similar device on District Lands, except as provided in subsection 702.5. SECTION 407. DISTURBING THE PEACE. 407.1 Obstructing Free Passage. No person shall by force, threat, intimidation, or by any unlawful signing, fencing or enclosing, or any other unlawful means, prevent or obstruct any person from peacefully entering any property of the District, or preventing or obstructing free passage or transit over or through any lands of the District. 407.2 Intimidation. No person shall engage in behavior or speech that provokes a breach of the peace or disrupts, alarms, disturbs, intimidates, or unreasonably interferes with others in the normal, safe use of District Lands or facilities. I 407.3 Noise. No person shall play or operate any sound or energy amplification devices, including radios, television sets, public address systems, musical instruments, or similar devices in such a way as to be audible beyond 100 feet of such device or musical instrument, or in such a manner as to disturb the quiet of District Lands and facilities, without prior written permission. 407.4 Lawful Order. No person shall disobey, ignore, or in any manner fail to comply with any request, direction, or order given by any ranger or other employee charged with the control, management, or protection of District property or resources when such request, direction or order is given in the lawful performance of his or her duties. SECTION 408. ASSEMBLY. No person or group shall conduct a meeting, rally, or similar event on District Lands without first obtaining a permit for the use of the specific areas or facilities involved. No such permit shall be granted if it is found that the time, place, and/or size of the meeting, rally, or similar event will disrupt or unreasonably interfere with the normal use, operation, or management of the site or facility, or have an adverse impact on Page 5 the ecological or historical characteristics of any District Lands. 408.1 Permits. No person shall hold, conduct, organize, or take part in any group activity or event on District Lands without written permission when the activity or event: 1) is advertised or noticed in any publication, poster, or flyer; or 2) requests or requires a fee be paid for participation, or 3) may be attended by twenty(20) or more people. SECTION 409. MISCELLANEOUS DANGEROUS ACTIVITIES. 409.1 Fireworks. No person shall possess, give, sell, discharge, set off, or cause to be discharged, on or into any portion of District Lands any firecrackers, missiles, rockets, fireworks, or explosives. 409.2 Harmful Substances. No person shall possess, place, or apply any substance on District Lands harmful to any person, property, wildlife, or vegetation, 409.3 Golf. No person shall drive, chip, or in any other manner play or practice golf, or hit golf balls on, over, or into District Lands. 409.4 Model Craft. No person shall operate any model airplanes,boats, automobiles, or other model craft of any kind or description on, over, or into any portion of District Lands, except by written permit in designated areas. 409.5 Human Flight. No person shall hang-glide,parachute, parasail or engage in any human flight on, over, or into District Lands, except by written permit in designated areas. 409.6 Skating. No person shall roller skate, in-line skate, grass skate, or operate a self- propelled or motorized skate board or other similar device on District Lands. 409.7 Reckless or Negligent Activity. No person shall engage in any recreational pursuit or activity, or operate any device that recklessly or negligently endangers the safety of any person, or property, or interferes with visitor activities. SECTION 410 ALCOHOLIC BEVERAGES. 410.1 General. No person shall possess or consume alcoholic beverages except beer and wine, and only as part of a picnic meal. 410.2 Designated Area. No person shall possess or consume alcoholic beverages in an area that has been declared by the general manager or an authorized representative to be a prohibited area. Page 6 j SECTION 411. SIGNS. 411.1 Defacement. No person shall remove, deface, change, mark, or otherwise alter any sign duly erected or posted on District Lands. 411.2 Unauthorized Signs. No person shall post or fasten any notice, including but not limited to, any bill, advertisement, directional or informational sign, or inscription whatsoever on any tree, fence, building, monument, or other property on District Lands, without written permission. CHAPTER V. PRESERVE USES - RIDING/HIKING TRAILS SECTION 500. RIDING/HIKING TRAILS. 500.1 Trail Use Speed Limit. The maximum speed for all trail uses is 15 miles per hour, unless otherwise posted; however, speeds shall be reduced as conditions warrant. Bicyclists and equestrians are required to slow to 5 miles per hour when passing others or approaching blind turns. In no case shall a person operate a bicycle, or ride a horse or other such animal at a speed greater than is reasonable, prudent, or safe. 500.2 One-wgy Trails. No person shall operate a bicycle or similar device, or ride or lead a saddle horse,pony, mule, or other such animal on a one-way trail in a direction or travel designated or signed to prohibit such use. 500.3 Gates. Any person opening a gate shall close the gate. SECTION 501. SADDLE ANIMALS. 501.1 Closed Areas. No person shall ride, drive, or lead a saddle or pack horse,pony, mule, or other animal in any area designated or signed to restrict such use. Saddle or pack horses, ponies, mules, or any other animals must stay on designated trails, roadways, and cultivated firebreaks. 501.2 Unsafe Use. No person shall ride, drive, or lead any saddle or pack animal in a reckless or negligent manner so as to endanger public property, or the life, limb, or property of any person or animal. No person shall allow his or her saddle or pack animal to stand unattended or insecurely tied. 501.3 Carts and Wagons. No person shall have or allow a cart, wagon,or similar device attached to a horse, mule, donkey, or other animal on District Lands without a written permit. Page 7 SECTION 502. BICYCLES. i 502.1 Closed Areas. No person shall possess or operate a bicycle or similar device on District Lands in areas designated or signed to restrict such activity. Bicycles must stay on designated trails and roadways. j502.2 Unsafe Operation. No person shall operate a bicycle in a reckless or negligent manner so as to endanger public property, or the life, limb, or property of any person or animal. 502.3 Helmets. No person eighteen years or older shall operate a bicycle upon District Lands unless that person is wearing a properly fitted and fastened bicycle helmet that meets the standards of the American National Standards Institute (ANSI Z 90.4 bicycle helmet standard), the Snell Memorial Foundation's Standard for Protective Headgear for Use in Bicycling, or the American Society for Testing Materials (ASTM F-1447 standard). 502.4 Walk-Only Zones. No person shall ride a bicycle on a section of trail designated or signed as a walk-only zone. Any person may dismount and walk a bicycle through a walk-only zone. SECTION 503. TRESPASS. The following acts, among others, are declared to be unlawful by Section 602 of the Penal Code of California. 503.1 Destruction of Private Property. No person shall willfully open, tear down, or otherwise destroy any fence on the enclosed land of another, or open any gate, bar, or fence of another and willfully leave it open without the written permission of the owner, or maliciously tear down, mutilate, or destroy any sign, signboard, or other notice forbidding shooting on private property. 503.2 Private Property Rights. No person shall enter any lands, whether unenclosed or enclosed by a fence, for the purpose of injuring any property or property rights, or with the intention of interfering with, obstructing, or injuring any lawful business or occupation carried on by the owner of such land, his or her agent or by the person in lawful possession. 503.3 Entering Posted Lands. No person shall enter any lands under cultivation or enclosed by a fence,belonging to, or occupied by another, or enter any lands where signs forbidding trespass are displayed at intervals not less than three to the mile along all exterior boundaries and at all roads and trails entering such lands, without the written permission of the owner of such land,his or her agent, or of the person in lawful possession, and no person shall: 4) refuse or fail to leave land, real property, or structures belonging to or lawfully occupied by another and not open to the general public, upon being requested to leave by the owner, his or her agent, or the person in lawful possession thereof, Page 8 I r 5) tear down, mutilate, or destroy any sign, signboard, or notice forbidding trespass or hunting on such lands; or unlock or tamper with an lock or an ate on or leading into such 6 remove, inure, g J p Y Yg lands; or 7) discharge any firearm. CHAPTER VI. PRESERVE USES - COMMERCIAUREVENUE SECTION 600. SOLICITING. 6001 General. No person shall solicit, sell, hawk, or attempt to solicit, sell, or hawk, or otherwise peddle any goods, wares, merchandise, liquids, edibles for human consumption, or distribute commercial circulars,pamphlets, or flyers on District Lands except by written permission. SECTION 601. GRAZING. 601.1 General. No person shall allow cattle, sheep, goats, or any animal to graze, browse, or feed on District Lands except with written permission. SECTION 602. HARVESTING AND PLANTING. 602.1 General. No person shall plant, cultivate, harvest, or attempt to plant, cultivate, or harvest any plant or agricultural crop on District Lands except with written permission. SECTION 603. COMMERCIAL FILMING. 603.1 General. No person shall operate a still, motion picture, video, or other camera for commercial purposes on District Lands except pursuant to a permit authorizing such activity. This section shall not apply to the commercial operation of cameras as part of the bona fide reporting of news. CHAPTER VII. PRESERVE FEATURES - PROTECTION SECTION 700. HUNTING AND FISHING. 700.1 Huntin . No person shall hunt, pursue, molest, disturb, injure, trap, take, net, poison, or harm any animal, living or dead, or remove, destroy, or in any manner disturb the natural habitat of any animal, except by permit. Page 9 700.2 Fishing. No person shall take, net, molest, disturb, injure, poison, or harm any fish in lakes, ponds, reservoirs, water areas,portions of San Francisco Bay, or streams located in any District preserve except in areas declared by the District to be permitted fishing areas, where state laws regulate the taking of game fish. SECTION 701. ANIMALS. 701.1 Dogs. No person shall allow or have a dog on District Lands except in those areas designated by the District. This subsection shall not apply to: 1) guide and service dogs under physical control, specifically licensed to assist the blind, deaf, or disabled; 2) use authorized by written permit. shall allow or have a do within a designated area unless the do is at all times 701.2 Noperson g � g under control on a leash not to exceed 6 feet, or on a self-retracting leash with a maximum extended length of 25 feet. The self-retracting leash must have the capability of being retracted and locked in a position not to exceed 6 feet. Within a designated area, no person shall have or allow a dog on a lead greater than 6 feet when: a. Within 100 feet of any parking area, trailhead,picnic area, campground, horse stable, public roadway, restroom, visitor center, ranger station, or other place or structure of public assembly; b. Within 50 feet of any person this is not the person or persons who entered District lands with the dog; or c. Within 50 feet of any body of water, including but not limited to, any reservoir, pond, lake, creek, stream, bay, tidal area or flood control channel, 701.3 Nuisance Dogs. No person shall allow or have on District Lands a dog that is threatening or a nuisance to people, other animals, or property. This includes, but is not limited to growling, barking, baring of teeth, or challenging in any manner, people, animals, or property. 701.4 Disturbance or Injury to Wildlife. No person shall allow a dog, cat, or domesticated animal, even if leashed, to disturb, chase, molest, injure, or take any kind of native wildlife, whether living or dead, or remove, destroy, or in any manner disturb the natural habitat of any animal on District Lands. 701.5 Horses and Livestock. No person shall keep or raise cattle, horses, sheep, or other livestock on District Lands, unless pursuant to a lease, license, or other entitlement of use granted by the District. Page 10 i 701.6 Other Pets. No person shall allow or have any pet, domesticated animal, or other living creature on District Lands,unless specifically permitted by another section of these regulations. 701.7 Removal of Animal Excrement. No person responsible for an animal shall allow its excrement or feces to remain in an area if its poses a health hazard, a public nuisance, or is in an area posted requiring its removal. P q g 701.8 Abandoned Animals. No person shall abandon or release a dog, cat, fish, fowl, or any other living creature, wild or domestic, on District Lands without written permission. 701.9 Dogs shall be permitted off leash only in areas specifically designated and signed by the District as off-leash areas. No person shall allow or have a dog in an off-leash area unless the dog is at all times under the verbal or radio collar control, and in sight of its owner or keeper. The owner or keeper of the dog shall have a leash in his or her possession at all times. SECTION 702. NATURAL AND CULTURAL RESOURCES. 702.1 Plants. No person shall damage, injure, take,place, plant, collect, or remove any plant, tree, or portion thereof, whether living or dead, including,but not limited to flowers, mushrooms, bushes, vines, grass, cones, and deadwood located on District Lands. 702.2 Possession of Gathered Wood Prohibited. No person shall transport or possess a tree or unmilled wood on District Lands without satisfactory evidence of lawful acquisition, such as a sales receipt or written authorization from the owner of the land from which the tree or wood was acquired. 702.3 Geological Features. No person shall damage, injure, take, collect, remove, or attempt to damage, _,�injur_e,take, collect, or remove any object of paleontological, archeological, or j historical interest located on District Lands. i 702.4 Archeological Features. No person shall damage, injure,take, collect, remove, or attempt to damage, injure, take collect, or remove any object of paleontological, archeological, or historical interest located on District Lands. 702.5 Special Permission. Special permission (Section 105) may be granted to remove, treat, disturb, or otherwise affect plants, animals, or geological, historical, archeological, or paleontological materials for research, interpretive, educational, or operational purposes. SECTION 703. VANDALISM AND UNLAWFUL ENCROACHMENT. 703.1 Vandalism. No person shall cut, carve, deface, write,paint, mark, or alter any natural feature, or any fence, wall, building, monument, or other property on District Lands. Page 11 1 . , r r 703.2 Unlawful Construction. No person shall erect, construct, install, or lace any structure, P p building, shed, fence, trail, equipment, material, sign, banner, or apparatus of any type or for any purpose on, below, over, or across a preserve except by written permission, specifying in detail the work to be done and the conditions to be fulfilled pursuant to the terms of such authorization. 703.3 Unlawful Maintenance. No person shall perform, or cause any mowing, trimming, cutting, grooming, or spraying of District Lands or perform any such grounds maintenance for any purpose except by written permission. CHAPTER VIII. DISTRICT LANDS OPERATIONS - GENERAL SECTION 800. LITTERING. 800.1 Littering or Dumping. No person shall litter or cause to be littered, or dump or cause to be dumped any material or waste matter in or upon any District Lands, It shall be unlawful to place, deposit, or dump, or cause to be placed, deposited or dumped, any rocks, dirt, or fill material in or upon any District Lands without a permit authorizing such activity. II' 800.2 Definition. Littering is defined as the willful or negligent throwing, dropping, placing, or depositing of any waste matter on District Lands in other than appropriate storage containers or areas designated for such purposes. 800.3 Definition. Waste matter is defined as discarded, used, or leftover substances including, but not limited to, a lighted or unlighted cigarette, cigar, match, or any flaming or glowing material, or any garbage, trash, refuse,paper, container, packaging or construction material, carcass of a dead animal, any nauseous or offensive matter of any kind, or any object likely to injure any person, damage property, or create a hazard. SECTION 801. PARKING. 801.1 Restrictions. No person shall park a motor vehicle, except an authorized emergency vehicle, or when in compliance with the directions of a peace officer, ranger, or District employee, in any of the following places: 1) In areas where prohibited by"NO PARKING" signs; 2) On any fire trail; 3) On any equestrian or hiking trail; 4) In such a place or manner as would block or obstruct any gate, entrance, or exit; 5) In such a place or manner as to take up more than one marked parking space in any authorized parking area; 6) In such a place or manner as to block or obstruct the free flow of traffic; 7) Within 15 feet of a fire hydrant; 8) Adjacent to any curb painted red; Page 12 J 9) On any district Lands after sundown except pursuant to a written permit; 10) In areas signed for pen-nit parking on District Lands without a written permit; 11) In any other place on District Lands not designated by the District as an authorized areas. SECTION 802. OPERATION OF MOTOR VEHICLES: OFF-ROAD VEHICLES 802.1 General. No person shall operate, propel, or leave standing a motor vehicle on District Lands. Motor vehicle includes, but is not limited to, motorcycles, off-road vehicles, "dirt-bikes,"and similar vehicles. 802.2 Exceptions. This section shall not apply to: 1) emergency vehicles operated within the scope of official use; 2) roads, trails, or paths, which may from time to time be set aside and posted by the District for the use of specifically designated vehicles; 3) roads and parking areas open to the public during regular open hours. SECTION 803. SPEED LIMITS. 803.1 General. No person shall drive or operate a vehicle on District Lands at a speed greater than the posted speed limit or than is reasonable or prudent, having due regard for traffic and road conditions. In no event shall a vehicle be driven at a speed which endangers the safety of persons, property or wildlife. SECTION 804. ABANDONED VEHICLES. 804.1 72 Hours. No person shall permit a vehicle to be parked or left standing within the District for 72 consecutive hours or more except in camping areas pursuant to a valid pen-nit. 804.2 Removal. Any vehicle parked or left standing in violation of this Section may be removed as provided in the Vehicle Code of the State of California. 804.3 Abandonment. Whenever a District ranger has reasonable grounds to believe that a vehicle has been abandoned on District Lands, the vehicle may be removed as authorized by Vehicle Code Section 22669. SECTION 805. PROHIBITED AREAS. To insure the safety and health of persons, to avoid interference with development, construction, and management, or to provide for security, safeguarding, and preservation of District Lands and facilities, the general manager or an authorized representative may declare an area closed, prohibited, or limited to further entry. The declaration may include such reasonable classes of persons who may enter, in the conduct of proper activities or official duties, as the general manager or an authorized representative may prescribe. Page 13 805.1 Closed Areas. No person shall, without a written permit issued by the District, enter or remain in an area of District Land or facilities declared closed, prohibited, or limited by the general manager or an authorized agent. 805.2 After Hours Use. No person shall enter or remain on District Land"after hours"without a written permit issued by the District. The term "after hours" is defined as one-half hour after official sunset to official sunrise the following day. 805.3 No person shall possess or operate a bicycle or similar device on District lands after hours. SECTION 806. USE FEES. 806.1 Nonpayment of Fees. No person shall use District Lands or facilities without payment of the prescribed fee or charge. Any fee or charge established by the Board for use of District Lands or facilities shall be paid in advance of such use, unless later payment has been authorized by the general manager or an authorized representative. SECTION 807. SCATTERING OF CREMATED REMAINS 807.1 Regulations for the Scattering of Cremated Remains. No person shall scatter any cremated human or animal remains (cremains) without first having obtained a written permit from the District, and shall abide by the permit conditions which shall include,but not be limited to, the following conditions: a) The scattering of cremains is prohibited: within 1,000 feet of any residence or dwelling, within 500 feet of any creek, stream, or other body of water, or within 50 feet of any road or trail. b) Cremains must be scattered, must not be left in a pile, and must not be readily visible to the public. c) No containers for the cremains, identification tags, vases, flower pots, or other associated non-organic materials, or non-native plants, may be left at the site. d) No memorial, plaque, or other site marker may be left at the site. e) Any person scattering cremains on District land shall possess and present a valid District permit when scattering cremains. i Page 14 E X H B I Te LEASE AREAS -ROTA G sVx- = 5',7 b s F-- METRO PCS LEASE AREAS r, 2.5' .I co ' N I1 3 Ln �D �vav►s(oV"w,eV, GREEN PC poWzv povf-v� FV-Aeck-No cct6 i ►ne-� yELL-ovv Tej c.o Poc a�OVN 66 V : to as c bar,. vv►� PINK RF U h �`