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:
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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.
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Dis Clerk
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COMMUNICATIONS SITE LEASE AGREEMENT
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Exhibit&_Premises Site Map |
Exhibit—Distrio1 Remz a�mns and Policies
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ExbibitC—AnthorizedImpmvenents
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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
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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
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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
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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
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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
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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.
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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
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would cause technical interference to Lessee's then existing communications facilities
located on the Premises.
13. Liens.
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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.
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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
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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.
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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:
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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.
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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
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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.
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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.
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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.
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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.
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703.2 Unlawful Construction. No person shall erect, construct, install, or lace any structure,
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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;
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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.
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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.
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