Loading...
HomeMy Public PortalAbout20100526 - Agenda Packet - Board of Directors (BOD) - 10-14 ! ' ( Midpeninsula Regional Open Space District AMENDED Meeting 10-14 SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Wednesday, May 26, 2010 CLOSED SESSION FOR MIDPENINSULA REGIONAL OPEN SPACE DISTRICT BEGINS AT 5:00 P.M. PUBLIC SESSION BEGINS AT 7:00 P.M. 330 Distel Circle Los Altos, California AMENDED A G E N D A 5:00 ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT- CLOSED SESSION 1. Closed Session with Real Property Negotiator—California Government Code§54956.8 Real Property—Located at 21680 Aldercrest Heights Road in unincorporated Santa Clara County APN 558- 30-010 Agency Negotiator—Mike Williams, Real Property Manager Negotiating Party—Tom and Nancy Chen,owner; Gary Beck, owner's representative Under Negotiation—Price and Terms of Real Property Transaction 2. Closed Session: Public Employees Performance Evaluation—California Government Code §54957(b) (1). Title of Employees: General Manager,General Counsel, and Controller REGULAR MEETING 7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT- PUBLIC SESSION ROLL CALL REPORT ON RETURN FROM CLOSED SESSION(The Board shall publicly state any reportable action taken in Closed Session pursuant to Government Code Section 54957.1) ** ORAL COMMUNICATIONS-PUBLIC ** ADOPTION OF AGENDA 7:10 CONSENT CALENDAR 1. Approve Minutes of the Regular and Special Board Meeting of April 14 2010 2. Approve Revised Claims Report 3. Approve Written Communications—None Meeting 10-14 Page 2 7:20* BOARD BUSINESS 4. Calling of District Elections in Wards 1, 2, 5 and 6 and Request for Election Consolidation Services from Santa Clara. San Mateo, and Santa Cruz Counties—A. Duong 5. Authorize execution of a Memorandum of Agreement,(MOA)between the District and the U.S.,.Department of Interior,National Park Service,.Golden Gate National Recreation Area(NPS) for Tower Construction and Co-Location of Radio Equipment at C&C Equipment Company, Inc. (C&Q communication facility at Black Mountain, Rancho San Antonio Open Space Preserve and authorize spending an amount not to exceed$50,000 to increase the capacity of the NPS tower to support the District radio equipment—E. Cuzick INFORMATIONAL REPORTS—Reports on compensable meetings attended. Brief reports or announcements concerning activities of District Directors and staff; opportunity to refer public or Board questions to staff for factual information;request staff to report back to the Board on a matter at a future meeting; or direct staff to CP place a matter on a future agenda. A. Committee Reports B. Staff Reports C. Director Reports SPECIAL MEETING CLOSED SESSION RECONVENED(IF NECESSARY) REPORT ON RETURN FROM RECONVENED CLOSED SESSION(IF NECESSARY)(The Board shall publicly state any reportable action taken in Closed Session pursuant to Government Code Section 54957.1) ADJOURNMENT Times are estimated and items may appear earlier or later than listed.Agenda is subject to change of order. TO ADDRESS TH BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during Oral Communications. Each speaker will ordinarily be limited to three minutes.Alternately,you may comment to the Board by a written communication, which the Board appreciates. Consent Calendar:All items on the Consent Calendar may be approved without discussion by one motion. Board members, the General Manager, and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting,please contact the District Clerk at(650)691-1200.Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to this meeting. Written materials relating to an item on this Agenda that are considered to be a public record and are distributed to Board members less than 72 hours prior to the meeting,will be available for public inspection at the District's Administrative Office located at 330 Distel Circle,Los Altos,California 94022. CERTIFICATION OF POSTING OF AGENDA 1,Michelle Radcliffe,District Clerk for the Midpeninsula Regional Open Space District(MROSD),declare that the foregoing agenda for the Special and Regular Meeting of the MROSD Board of Directors was posted and available for review on May 21,2010,at the Administrative Offices of MROSD,330 Distel Circle,Los Altos California,94022. The agenda is also available on the District's web site at org. Signed this 2 1'day of May,at Los Altos,California. District Clerk Date: May 2l,2010 Midpeninsula Regional Open Space District Meeting 10-14 SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Wednesday, May 26, 2010 CLOSED SESSION FOR MIDPENINSULA REGIONAL OPEN SPACE DISTRICT BEGINS AT 5:00 P.M. PUBLIC SESSION BEGINS AT 7:00 P.M. 330 Distel Circle Los Altos, California AGENDA 5:00 ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT- CLOSED SESSION 1. Closed Session with Real Property Negotiator—California Government Code §54956.8 Real Property—San Mateo County Assessor Parcel Numbers 063-590-060, 096-230-150,093-590-030,093- 590-050, and 093-590-060, located in the vicinity of Ruthers Road in East Palo Alto and Menlo Park, California Agency Negotiator—Michael Reeves, Real Property Specialist Negotiating Party—Tom and Nancy Chen, owner; Gary Beck,owner's representative Under Negotiation—Price and Terms of Real Property Transaction 2. Closed Session: Public Employees Performance Evaluation—California Government Code §54957(b)(1). Title of Employees: General Manager,General Counsel, and Controller REGULAR MEETING 7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT- PUBLIC SESSION ROLL CALL REPORT ON RETURN FROM CLOSED SESSION(The Board shall publicly state any reportable action taken in Closed Session pursuant to Government Code Section 54957.1) ORAL COMMUNICATIONS-PUBLIC ADOPTION OF AGENDA 7:10 CONSENT CALENDAR I Approve Minutes of the Regular and Special Board Meeting of April 14,2010 2. Approve Revised Claims Report 3. Approve Written Communications—None Meeting 10-14 Page 2 7:20* BOARD BUSINESS 4. Calling of District Elections in Wards 1, 2, 5 and 6 and Request for Election Consolidation Services from Santa Clara, San Mateo, and Santa Cruz Counties.—A. Duong 5. Authorize execution of a Memorandum of Agreement(MOA)between the District and the U.S. Department of Interior,National Park Service, Golden Gate National Recreation Area(NPS)for Tower Construction and Co-Location of Radio Equipment at C&C Equipment Company, Inc.(C&C)communication facility at Black Mountain,Rancho San Antonio Open Space Preserve and authorize spending an amount not to exceed$50,000 to increase the capacity of the NPS tower to support the District radio equipment.—E. Cuzick INFORMATIONAL REPORTS—Reports on compensable meetings attended. Brief reports or announcements concerning activities of District Directors and staff,opportunity to refer public or Board questions to staff for factual information; request staff to report back to the Board on a matter at a future meeting;or direct staff to place a matter on a future agenda. A. Committee Reports B. Staff Reports C. Director Reports SPECIAL MEETING CLOSED SESSION RECONVENED(IF NECESSARY) REPORT ON RETURN FROM RECONVENED CLOSED SESSION IF NECESSARY)(The Board shall publicly state any reportable action taken in Closed Session pursuant to Government Code Section 54957.1) ADJOURNMENT Times are estimated and items may appear earlier or later than listed.Agenda is subject to change of order. TOADDRM THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during Oral Communications. Each speaker will ordinarily be limited to three minutes.Alternately,you may comment to the Board by a written communication, which the Board appreciates. Consent Calendar:All items on the Consent Calendar may be approved without discussion by one motion. Board members, the General Manager, and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. In compliance with the Americans with Disabilities Act,if you need assistance to participate in this meeting,please contact the District Clerk at(650)691-1200.Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to this meeting. Written materials relating to an item on this Agenda that are considered to be a public record and are distributed to Board members less than 72 hours prior to the meeting,will be available for public inspection at the District's Administrative Office located at 330 Distel Circle,Los Altos,California 94022. CERTIFICATION OF POSTING OF AGENDA 1, Michelle Radcliffe,District Clerk for the Midpeninsula Regional Open Space District(MROSD),declare that the foregoing agenda for the Special and Regular Meeting of the MROSD Board of Directors was posted and available for review on May 21,2010,at the Administrative Offices of MROSD,330 Distel Circle,Los Altos California,94022. The agenda is also available on the District's web site at litip://www.openspace.ot- Signed this 21"day of May,at Los Altos,California. District Clerk Date: May 21,2010 Claims No. 10-11 Meeting 10-14 Date 5/26/10 Midpeninsula Regional Open Space District i # Amount Name Description 12828 $17,640.86 Dell Business Credit Thirteen Notebook Computers&Ten Office Phones 12829 $5,000.00 *1 Chicago Title Company Deposit-Land Acquisition 12830 $4,124.96 '2 U.S. Postmaster Postage-Summer Newsletter 12831 $3,111.06 Sol's Mobile Service Vehicle Repairs&Service 12832 $2,574.06 Ecological Concerns Native Revegetation Maintenance&Monitoring-Skyline Ridge Tree Farm 12833 $2,142.00 Geocon Consultants Environmental&Geotechnical Consulting Services For Mindego Ranch Landfill 12834 $1,538.03 Del Woods Consulting Services-Bear Creek Stables Site Assessment, RFP &Lease Development 12835 $1,472.00 Alliant Insurance Services Crime Insurance Premium 12836 $1,427.62 Shulman, Rogers,Gandal, Pordy& Legal Services-Telecommunications Advice For District Radio Ecker Frequency 12837 $1,200.00 Macro Corporation Black Mountain Microwave Study For Districts New Radio System 12838 $910.00 Normal Data Maintenance Of Operations Department Database 12839 $895.20 SF 49ers Academy Transportation Assistance Program-Middle School Transportation To Los Trancos 12840 $800.00 Macro Corporation Project Management Services-Research Additional Radio Frequency 12841 $676.37 Tadco Supply Janitorial Supplies 12842 $635.84 Moffett Supply Company Janitorial Supplies 12843 $591.11 CMK Automotive Vehicle Maintenance&Repairs 12844 $564.74 Staples Business Advantage Break Room Supplies 12845 $563,43 McKowan, Paul Reimbursement-Volunteer Supplies/Advanced Resource Management Stewards Training Supplies/Mileage 12846 $548.16 United Site Services Sanitation Services-Sierra Azul&Fremont Older 12847 $547.36 Accountemps Accounting Temp 12848 $542.47 Suburban Propane Propane Tank Installation-Rental Residence 12849 $520.26 Grainger Safety Flares 12850 $499.75 San Francisco Bay Bird Observatory Nest Surveys At Monte Bello Burn Area 12851 470.11 San Jose Water Company Water Service-RSA Count Park $ P Y Y 12852 $452.85 California Water Service Company Water Service-FFO 12853 $450.00 Ergo Vera Ergonomic Evaluations 12854 $380.19 Summit Uniforms Uniform Expenses 12855 $380.00 County Of San Mateo Human Training Courses-Creative Problem Solving/Time Management Resources Department /Photoshop Elements 6.0 Introduction 12856 $339,04 R. E.Borrmann's Steel Company Steel Tubing For SFO Stock&Rental Residence Gate Repair 12857 $281.80 Recognition Specialties Name Badges For Docents,Volunteers&Employees 12858 $260.00 Cupertino Medical Group Employee Medical Services 12859 $234.56 West Payment Center Legal Research Fees/Four California Code Books 12860 $200.00 '3 Diamond Cabinets Deposit For Modification Of Board Room Table 12861 $196.65 Reed&Graham Field Supplies 12862 $178.73 Green Waste Garbage Service-SFO 12863 $171.89 Allied Waste Services Garbage Service-Rental Residences 12864 $171.81 Interstate Traffic Control Products Field Supplies-No Parking&Stop Signs 12865 $165.50 Gartside,Ellen Reimbursement-Mileage 12866 $156.00 National Notary Association Notary Membership Renewal-G.Baillie 12867 $151.50 Perez,Mike Reimbursement-Uniform Expenses 12868 $135.00 '4 Santa Clara County Cities Managers' Speed Coaching&Networking Lunch-Five Employees Association 12869 $123.90 The Workingman's Emporium Uniform Expenses 12870 $115.00 Orkin Pest Control Services-Annex Page 1 of 2 Claims No. 10-11 Meeting 10-14 Date 5/26/10 Midpeninsula Regional Open Space District # Amount Name Description 12871 $107.07 Craftsmen Printing Printing Services-Second Sheets For Letterhead 12872 $102.40 USDI-BLM Incident Response Pocket Guides 12873 $98.86 Schectman,Sue Reimbursement-City Attorneys Conference Expenses 12874 $68.83 Cascade Fire Equipment Company Field Supplies 12875 $62.98 Highway Technologies Signs For FFO 12876 $60.01 Britt, Kristi Reimbursement-Mt. Umunhum Press Event Supplies 12877 $50.00 San Mateo County Health Department Tick Testing 12878 $48.00 Malone, Brian Reimbursement-Uniform Expenses 12879 $45.00 Jim Davis Automotive Smog Check 12880 $43.00 Allen's Press Clipping Bureau Clipping Service 12881 $35.63 Kwik Key Lock&Safe Company Keys For District Vehicles&IT Room At AO 12882 $30.59 Foster Brothers Keys For SFO 12883 $28.50 ID Plus Name Tags 12884 $25.25 Rayne Of San Jose Water Conditioning Service-Ranger Residence 12885 $10.45 Local Agency Formation Commission Public Records Request -LAFCO Application For Santa Clara Of Santa Clara County County Fire Protection 12886 $7.84 Robert's Hardware Plumbing Supplies-Rental Residence Total $54,364.22 `1 Urgent Check Issued 5/13/10 "2 Urgent Check Issued 5/19/10 '3 Urgent Check Issued 5/18/10 "4 Urgent Check Issued 5112/10 Page 2 of 2 r Claims No. 10-11 Meeting 10-14 Date 5/26/10 Revised Midpeninsula Regional Open Space District # Amount Name Description 12828 $17,640.86 Dell Business Credit Thirteen Notebook Computers&Ten Office Phones 12829 $5,000.00 '1 Chicago Title Company Deposit-Land Acquisition 12830 $4,124.96 "2 U.S. Postmaster Postage-Summer Newsletter 12831 $3,111.06 Sol's Mobile Service Vehicle Repairs&Service 12832 $2,574.06 Ecological Concerns Native Revegetation Maintenance&Monitoring-Skyline Ridge Tree Farm 12833 $2,142.00 Geocon Consultants Environmental&Geotechnical Consulting Services For Mindego Ranch Landfill 12834 $1,538.03 Del Woods Consulting Services-Bear Creek Stables Site Assessment, RFP &Lease Development 12835 $1,472.00 Alliant Insurance Services Crime Insurance Premium 12836 $1,427.62 Shulman, Rogers,Gandal, Pordy& Legal Services-Telecommunications Advice For District Radio Ecker Frequency 12837 $1,200.00 Macro Corporation Black Mountain Microwave Study For Districts New Radio System 12838 $910.00 Normal Data Maintenance Of Operations Department Database 12839 $895.20 SF 49ers Academy Transportation Assistance Program-Middle School Transportation To Los Trancos 12840 $800.00 Macro Corporation Project Management Services-Research Additional Radio Frequency 12841 $676.37 Tadco Supply Janitorial Supplies 12842 $635.84 Moffett Supply Company Janitorial Supplies 12843 $591.11 CMK Automotive Vehicle Maintenance&Repairs 12844 $564.74 Staples Business Advantage Break Room Supplies 12845 $563.43 McKowan, Paul Reimbursement-Volunteer Supplies/Advanced Resource Management Stewards Training Supplies/Mileage 12846 $548.16 United Site Services Sanitation Services-Sierra Azul&Fremont Older 12847 $547.36 Accountemps Accounting Temp 12848 $542.47 Suburban Propane Propane Tank Installation-Rental Residence 12849 $520.26 Grainger Safety Flares 12850 $499.75 San Francisco Bay Bird Observatory Nest Surveys At Monte Bello Burn Area 12851 $470.11 San Jose Water Company Water Service-RSA County Park 12852 $452.85 California Water Service Company Water Service-FFO 12853 $450.00 Ergo Vera Ergonomic Evaluations 12854 $380.19 Summit Uniforms Uniform Expenses 12855 $380.00 County Of San Mateo Human Training Courses-Creative Problem Solving/Time Management Resources Department /Photoshop Elements 6.0 Introduction 12856 $339.04 R. E. Borrmann's Steel Company Steel Tubing For SFO Stock&Rental Residence Gate Repair 12857 $281.80 Recognition Specialties Name Badges For Docents,Volunteers&Employees 12858 $260.00 Cupertino Medical Group Employee Medical Services 12859 $234.56 West Payment Center Legal Research Fees/Four California Code Books 12860 $200.00 `3 Diamond Cabinets Deposit For Modification Of Board Room Table 12861 $196.65 Reed&Graham Field Supplies 12862 $178.73 Green Waste Garbage Service-SFO 12863 $171.89 Allied Waste Services Garbage Service-Rental Residences 12864 $171.81 Interstate Traffic Control Products Field Supplies-No Parking&Stop Signs 12865 $165.50 Gartside, Ellen Reimbursement-Mileage 12866 $156.00 National Notary Association Notary Membership Renewal-G.Baillie 12867 $151.50 Perez,Mike Reimbursement-Uniform Expenses 12868 $135.00 `4 Santa Clara County Cities Managers' Speed Coaching&Networking Lunch-Five Employees Association 12869 $123.90 The Workingman's Emporium Uniform Expenses 12870 $115.00 Orkin Pest Control Services-Annex Page 1 of 2 Claims No. 10-11 Meeting 10-14 Date 5/26/10 Revised Midpeninsula Regional Open Space District # Amount Name Description 12871 $107.07 Craftsmen Printing Printing Services-Second Sheets For Letterhead 12872 $102.40 USDI-BLM Incident Response Pocket Guides 12873 $98.86 Schectman,Sue Reimbursement-City Attorneys Conference Expenses 12874 $68.83 Cascade Fire Equipment Company Field Supplies 12875 $62.98 Highway Technologies Signs For FFO 12876 $60.01 Britt,Kristi Reimbursement-Mt. Umunhum Press Event Supplies 12877 $50.00 San Mateo County Health Department Tick Testing 12878 $48.00 Malone,Brian Reimbursement-Uniform Expenses 12879 $45.00 Jim Davis Automotive Smog Check 12880 $43.00 Allen's Press Clipping Bureau Clipping Service 12881 $35.63 Kwik Key Lock&Safe Company Keys For District Vehicles&IT Room At AO 12882 $30.59 Foster Brothers Keys For SFO 12883 $28.50 ID Plus Name Tags 12884 $25.25 Rayne Of San Jose Water Conditioning Service-Ranger Residence 12885 $10A5 Local Agency Formation Commission Public Records Request -LAFCO Application For Santa Clara Of Santa Clara County County Fire Protection 12886 $7.84 Robert's Hardware Plumbing Supplies-Rental Residence 12887 R $19,918.11 Go Native Nursery Two Months Invasive Species Control&Herbicide Application- Mindego Hill 12888 R $4,775.00 Diane West-Bourke Outdoor Activity Docent Training-Ten Week Course 12889 R $492.58 Staples Office Supplies/Desk Pad/Calculators/File Folders/Break Room Supplies/Binding Covers 12890 R $346,15 Simmons,Erica Reimbursement-California Preservation Foundation Conference Expenses&Mileage 12891 R $271.76 All Premium 25 Volunteer T-Shirts 12892 R $271,52 Sears Replacement Fan For Rental Residence Refrigerator 12893 R $237.08 ADT Security Services Alarm Service-SFO 12894 R $185.00 American Society Of Landscape Mail List Use Service Architects 12895 R $149.53 California Water Service Company Water Service-AO 12896 R $78.00 Pacific Telemanagement Services Pay Phone-Black Mountain 12897 R $71.00 Terminix Pest Control-AO 12898 R $67.50 Ruiz,Ana Reimbursement-Recruitment Lunch 12899 R $60.00 Radcliffe,Michelle Reimbursement-Mileage 12900 R $54.57 Fed Ex Shipping Charges 12901 R $49.03 Petty Cash Office Supplies/Vehicle Mileage/Docent Supplies/Planning Retreat Expenses Total $81,391.05 *1 Urgent Check Issued 5/13/10 *2 Urgent Check Issued 5/19/10 *3 Urgent Check Issued 5/18/10 *4 Urgent Check Issued 5/12/10 Page 2 of 2 J { t Midpeninsula Regional • ' Open Space District R-10-69 Meeting 10-14 May 26, 2010 AGENDA ITEM 4 AGENDA ITEM Calling of District Elections in Wards 1, 2, 5 and 6 and Request for Election Consolidation Services from Santa Clara, San Mateo, and Santa Cruz Counties. GENERAL MANAGER'S RECOMMENDATIONS 1. Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District calling an election and requesting election consolidation services— Santa Clara County, Wards 1 and 2. 2. Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District calling an election and requesting election consolidation services— San Mateo County, Wards 5 and 6. 3. Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District calling an election and requesting election consolidation services— Santa Cruz County, Ward 2. 4. Reconfirm Section 2.12 of the Board's Rules of Procedures regarding a maximum of 200 words per candidate statement and payment of candidates' statements and, if required by the respective county, translations of candidates' statements pursuant to the Elections Code of the State of California, in those wards where two or more candidates have qualified to appear on the ballot. 5. Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District authorizing not listing any unopposed candidate for election on the November 2, 2010 ballots of Santa Clara, San Mateo, and Santa Cruz Counties. R-10-69 Page 2 DISCUSSION Four of the District's seven wards are scheduled for election during the November 2, 2010 General Election. These wards and their current Directors are: WARD GENERAL DESCRIPTION INCUMBENT 1 Los Gatos, Monte Sereno, Saratoga, Cupertino Director Pete Siemens 2 Cupertino, Los Altos, Los Altos Hills, Palo Alto, Stanford, Director Mary Davey Sunnyvale 5 East Palo Alto, Menlo Park, Palo Alto, Stanford Director Nonette Hanko 6 Atherton, La Honda, Loma Mar, Menlo Park, Pescadero, Director Larry Portola Valley, Redwood City, San Gre orio, Woodside Hassett Calling the Election In preparation for the November 2, 2010 General Election, it is necessary for the Board of Directors to call an election in the District and request election consolidation services from Santa Clara, San Mateo, and Santa Cruz Counties. The nomination period for the election will open on Monday, July 12, 2010. and close on Friday, August 6, 2010. If an incumbent who is eligible fails to file for re-election, the voters have until 5:00 p.m. on Wednesday, August 11, 2010 to nominate candidates other than the incumbent. Payment of Candidates' Statement The District Clerk must also relay to the Registrar of Voters in each County the Board's policy regarding payment of candidates' statements and number of words to be included in each statement. Section 2.12 of the Board's Rules of Procedure states: "In those wards where two or more candidates have qualified to appear on the ballot, a candidate may file a candidate's statement, not exceeding 200 words. The District will pay for the cost of the statements, and, if required by the respective county, translations of candidates' statements pursuant to the Elections Code of the .State of California, and no such candidate shall be billed for availing himself or herself of these services. " Candidates Running Unopposed Section 2.12 of the Board's Rules of Procedures(Unopposed Candidates and Candidates' Statements) reads: "In the case where there is a single candidate qualified to appear on the ballot, such candidate shall not be permitted to have his or her name on the ballot (Public Resources Code Section 5532 (e). If such unopposed candidate requests that his or her candidate's statement be included in official election material distributed to voters, the District shall bill such candidate for the cost thereof, including costs related to any required translation. " FISCAL IMPACT The District's FY2010-11 Budget reserved $120,000 for this election based upon the history of election expenditures for contested seats over the past decade. In the event that multiple seats are contested, funds will be reallocated during mid-year budget review to cover the increased R-10-69 Page 3 election costs. PUBLIC NOTICE Public notice was provided as required by the Brown Act. No additional notice is required. CEQA COMPLIANCE This proposed action is not a project under the California Environmental Quality Act and no environmental review is required. NEXTSTEP Upon approval of the General Manager's recommendations, staff will submit the adopted resolutions, map(s) of District boundaries and other required documents to Santa Clara, San Mateo, and Santa Cruz Counties to receive consolidated election services for the November 2, 2010 General Election. Attachments: 1. Resolution Request for and Consent to Consolidation of Elections -Santa Clara County 2. Resolution Request for and Consent to Consolidation of Elections - San Mateo County 3. Resolution Request for and Consent to Consolidation of Elections - Santa Cruz County. 4. Resolution Authorizing Not Listing Any Unopposed Candidates for Election on the November 2, 2010 Santa Clara County, San Mateo County, and Santa Cruz County Ballot 5. MROSD Ward I Boundary Based on 2000 Census 6. MROSD Ward 2 Boundary Based on 2000 Census 7. MROSD Ward 5 Boundary Based on 2000 Census 8. MROSD Ward 6 Boundary Based on 2000 Census Prepared by: Anna Duong, Deputy District Clerk Contact person: Same as above RESOLUTION NO. 10- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA PACE DISTRICT REGIONAL OPENS REQUEST FOR AND CONSENT TO CONSOLIDATION OF ELECTIONS—SANTA CLARA COUNTY STATE OF CALIFORNIA ) ) ss. County of Santa Clara ) WHEREAS, a Biennial General District Election has been ordered to be held on Tuesday,November 2, 2010, in the Midpeninsula Regional Open Space District of Santa Clara County for the purpose of electing two Directors (Wards 1 and 2) of the Board of Directors 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,BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District requests the Board of Supervisors of Santa Clara County to completely consolidate such elections and to further provide that the Registrar of Voters canvass the returns of the election including: 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 two (2) members of the Board of Directors of the District in Wards 1 and 2 on Tuesday,November 2, 2010. 2. That said election be consolidated with the statewide general election to be held in Santa Clara 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 Santa Clara 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 Santa Clara, and to appropriate County election officials of said County. * * * * * * * * * * * * * * * * * * * * * RESOLUTION NO. 10- 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, 2010, in the Midpeninsula Regional Open Space District of San Mateo County for the purpose of electing two (2) Directors (Ward 5 and 6) 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 two (2) members of the Board of Directors of the District in Wards 5 and 6 on Tuesday, November 2, 2010. 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. her requests, is pursuant to Election Code Section 10002, 5. The Board of Directors further , q that County election official(s) be authorized to render services to the District relating lec tion. The services shall be o fthet type normally pe rformed to the conduct of said e Yp Y p 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. 10- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REQUEST FOR AND CONSE NT TO CONSOLIDATION OF ELECTIONS—SANTA CRUZ COUNTY STATE OF CALIFORNIA ) ) ss. County of Santa Cruz ) WHEREAS, a Biennial General District Election has been ordered to be held on Tuesday,November 2, 2010, in the Midpeninsula Regional Open Space District of Santa Cruz County for the purpose of electing one Director(Ward 2) of the Board of Directors 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, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District requests the Board of Supervisors of Santa Cruz County to completely consolidate such elections and to further provide that the Registrar of Voters canvass the returns of the election including: 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 2 on Tuesday,November 2, 2010. 2. That said election be consolidated with the statewide general election to be held in Santa Cruz 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 Santa Cruz 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 Santa Cruz, and to appropriate County election officials of said County. I RESOLUTION NO. 10- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING NOT LISTING ANY UNOPPOSED CANDIDATES FOR ELECTION ON THE NOVEMBER 2,2010 BALLOTS OF SAN MATEO COUNTY, SANTA CLARA COUNTY,AND SANTA CRUZ COUNTY STATE OF CALIFORNIA ) ss. County of Santa Cruz ) j WHEREAS, the District Board's Rules of Procedures states that the Board of Directors shall not permit unopposed candidates to have their names appear on the ballot. NOW, THEREFORE BE IT RESOLVED, that the Board of Directors of the Midpeninsula Regional Open Space District has hereby determined through the Board's Rules of Procedures not to list the unopposed candidates for election on the November 2, 2010 ballots of Santa Clara, San Mateo, and Santa Cruz Counties. MROSD Ward 1 Boundary Based on 2000 Census r S a n t � a „ Renth a a sa,ato9. �5 . r C t 4J �1 }� Los Gatos 17 f.. lI 17 md 5. C 17 Santa Cruz 15 �. C o u n t y i I Midpeninsula Regional e 0 0.5 1 2 We Il Open Space District Boundary City Boundary Note:information displayed on this map is based on , Midpeninsula Regional 2000 census data supplied by the U.S.Census Bureau Open Space Preserve and data from San Mateo and Santa Clara counties. MROSD Ward 2 Boundary Based on 2000 Census Menlo +t �� - _ "r.r• Park r ! I I ton/Wd w� Palo Alto 1' a Nloffelt 7 Held lei w Sunnyvale t ' Mountain r a I � - Los v r Altos ft` c ( k ,gyp.y e SP i w Saratoga i851 San Mateo ' County , f Sa ruz - i Midpeninsula Regional e Open Space District Boundary Miles 0 0.5 1 2 City Boundary Note information displayed on this map is based on ' s county Boundary 2000 census data supplied by the U.S.Census Bureau and data from San Mateo and Santa Clara counties. Midpeninsula Regional Open Space Preserve MROSD Ward 5 Boundary Based on 2000 Census San Francisco Bay S a n Maim =, •�. �k and Gry Arhanon -n" a t a W.M. i Park ,� .�. �4•tK` „/Y Wbodlida _ •,,�. .`�•.i y r_.. Field A N� I 4 r- I C� . 4 v � 1 a ral a NSW Ponola Valla Y / Los Alas. I kIR pip Los C o u � � � • •` � Altus Hills C o u n t y k W I 'I aMidpeninsula Regional Open Space District Boundary ,M'ee P P rY M ••YY c az , _ City Boundary Note:information displayed on this map is based on F7 County Boundary 2000 census data supplied by the U.S.Census Bureau s and data from San Mateo and Santa Clara counties. Midpeninsula Regional Open Space Preserve MROSD Ward 6 Boundary Based on 2000 Census son Francisco Bey A. XIVI in r r I, tz avir r a ,0.1 11 a t' e :wo u n t y w �l� r i r 5 a n t a C r u Z C o u n t 1 Midpeninsula Regional a Open Space District Boundary Miles City Boundary 0 1.25 2.5 5 Note information displayed on this map is based on QCounty Boundary 2000 census data supplied by the U S.Census Bureau ■ and data from San Mateo and Santa Clara counties. ® Midpeninsula Regional Open Space Preserve I i " ( Midpeninsula Regional Open Space District R-10-64 Meeting 10-14 May 26, 2010 AGENDA ITEM 5 AGENDA ITEM Authorization to execute a Memorandum of Agreement (MOA) between the District and the U.S. Department of Interior,National Park Service, Golden Gate National Recreation Area (NPS) for Tower Construction and Co-Location of Radio Equipment at C&C Equipment Company, Inc. (C&C) communication facility at Black Mountain, Rancho San Antonio Open Space Preserve, and authorization to spend an amount not to exceed $50,000 to increase the capacity of the NPS tower to support the District radio equipment. GENERAL MANAGER'S RECOMMENDATIONS 1. Authorize the General Manager to execute the attached MOA between the District and NPS for tower construction and co-location of District radio equipment at C&C's site at Black Mountain, Rancho San Antonio Open Space Preserve. 2. Authorize the General Manager to expend $35,372 plus a contingency of$14,628 for unanticipated project expenses, for a total amount not to exceed $50,000. SUMMARY NPS is proposing a MOA with the District to fund the strengthening of the NPS tower for District radio equipment. Staff is requesting Board approval of an amount not to exceed $50,000 to pay NPS the $35,372 to allow commencement of the tower construction plus a contingency of $14,628 for any unanticipated expenses. Additionally, the MOA permits co-location of District radio equipment on the NPS tower for the duration of the NPS sublease with C&C, which totals twenty (20) years. DI SCUSSION At the August 12, 2009 meeting, the Board approved a new communications site lease agr eement for twenty-five (25) years with C&C including the construction of the NPS communication tower within C&C's communication facility at the Rancho San Antonio Open Space Preserve (Reportp R-09-86 . As discussed in that report, the District, at a later date, would enter into a right-to-use agreement with NPS to ensure the District would have the right to have its radio equipment placed on the NPS tower. Instead of a right-to-use license,NPS is proposing a MOA R-10-64 Page 2 whereby funds are transferred from the District to NPS to increase the tower capacity to enable co-location of District radio equipment and permit the radio equipment to remain on the tower for the duration of NPS's sublease with C&C. NPS has signed a twenty (20) year sublease with C&C. Macro Corporation, the District's radio consultant, is proposing the following equipment for the NPS tower: (i) one six foot(6) high-performance microwave antenna; (ii) two (2) two foot(2') high-performance microwave antennas; and (iii)two (2) twenty-two foot (22') whip antennas. Originally,NPS estimated the additional cost to strengthen the tower to accommodate the District's radio equipment at $54,836. However, this number has been reduced to $35,372. Staff is requesting that an amount not to exceed $50,000 be approved by the Board to pay NPS the $35,372 for the tower construction with a contingency of$14,628 for any unanticipated expenses. The contingency amount is in place as NPS and the District are still fine tuning the placement of communication equipment on the tower which affects how the tower is constructed. Should any of these changes further require added strengthening of the tower, adequate funds would be available to complete construction. Construction of the NPS tower provides an excellent opportunity to locate new communication equipment for the improved District radio system. Black Mountain is an excellent location for communication with Santa Clara County, Skeggs Point, Pise Peak, Rolph and Purisima communication sites. USE AND MANAGEMENT The District adopted a communications policy for the existing facilities at Black Mountain on December 8, 1982. This policy states, "new facilities, changes in existing ones and lease renewals will be considered on a case by case basis." Since the NPS tower is a part of an existing communications facility, which will benefit a public service entity (NPS) as well as improve the District's Radio System, the proposed MOA with NPS is in compliance with the objectives of this policy. CEQA COMPLIANCE This action was previously determined to be categorically exempt under the California Environmental Quality Act in Report R-09-86 dated August 12", 2009 TERMS & CONDITIONS The objectives of the NPS MOA are as follows: 1. Allow the transfer of$35,372 from the District to NPS for the additional cost to strengthen the NPS tower to accommodate District radio equipment. 2. Permit co-location of District radio equipment on the NPS tower for the duration of the NPS sublease with C&C, which totals twenty (20) years. Pag e R-10-64 g BUDGET CONSIDERATION Costs associated with the District Radio System are covered in the Operations budget for this fiscal year. NPS originally estimated $54,836 for the additional cost to strengthen the tower. Since bidding in out the con struction, n NPS has indicated the cost has been reduced to $35,372, but staff is requesting that the board approve spending an amount not to exceed $50,000 to cover the $35,372 with a contingency of$14,628 to cover any unanticipated costs. District Radio Project $1,370,000 Additive tower cost to District ($ 50,000) District Radio Project Budget Remaining $1,320,000 PUBLIC NOTICE Public notice was provided as required by the Brown Act. No additional notice is required. NEXT STEPS If approved, staff will: 1. Prepare a Permit-to-Enter for NPS tower construction this summer. 2. Work with Ridge Winery to obtain access to their road for heavy equipment deliveries. 3. Manage tower construction through the summer into the fall. 4. Install District radio equipment upon tower construction completion. Attachments: 1. Resolution 2. Memorandum of Agreement Between Midpeninsula Regional Open Space District and U.S. Department of Interior,National Park Service, Golden Gate National Recreation Area for Tower Construction and Co-Location of Radio Prepared by: Elaina Cuzick, Real Property Specialist Contact person: Elaina Cuzick, Real Property Specialist III RESOLUTION NO. 10- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE MEMORANDUM OF AGREEMENT WITH THE U. S. DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE,GOLDEN GATE NATIONAL RECREATION AREA FOR TOWER CONSTRUCTION AND CO-LOCATION OF RADIO EQUIPMENT AT BLACK MOUNTAIN, RANCHO SAN ANTONIO OPEN SPACE PRESERVE The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby approve the Memorandum of Agreement between Midpeninsula Regional Open Space District and U. S. Department of the Interior,National Park Service, Golden Gate National Recreation Area, a copy of which is attached hereto and by reference made a part of hereof, and hereby authorizes the General Manager to execute said agreement on behalf of the District. Section Two. The General Manager is authorized to expend an amount not to exceed $50,000 to be paid to NPS to increase the capacity of the NPS tower to support the District radio equipment. The District will pay U. S. Department of the Interior,National Park Service, Golden Gate National Recreation Area$35,372 to allow commencement of the tower construction with a contingency of$14,628 for any unanticipated expenses. The General Manager further is authorized to execute any and all other documents necessary or appropriate to implement the Memorandum of Agreement and enable the project contemplated by the Memorandum of Agreement to be completed. i NPS Agreement Number: G8141100024 Memorandum of Agreement Between Midpeninsula Regional Open Space District and U.S.Department of Interior,National Park Service, Golden Gate National Recreation Area for Tower Construction and Co-Location of Radio Equipment at Black Mountain This memorandum of agreement(this"MOA"or"Agreement") is entered into by and between the Midpeninsula Regional Open Space District, a California special district("District"), and the National Park Service("NPS"and collectively with District, the"Parties"), acting through the Superintendent of Golden Gate National Recreation Area("GGNRA"). The Parties enter this MOA with respect to certain improvements on the premises leased to C &C Equipment Company, Inc. ("C &C")at Black Mountain, within the Rancho San Antonio Open Space Preserve. ARTICLE I-BACKGROUND AND OBJECTIVES As part of the overall upgrade of the GGNRA emergency communication system, District and NPS have agreed to partner on the construction of a new NPS communication tower("Tower") at Black Mountain, and for co-location of radio equipment on that Tower to meet the emergency communication needs of District and GGNRA. As noted in the NPS Project Spending Plan for the Radio Upgrade Infrastructure Contract,NPS allows co-location of equipment operated by other municipalities,public land management and public safety agencies. Co-location by multiple agencies on a tower structure is a common practice to minimize the number of towers. District has requested specific improvements to allow co-location of their communication equipment on the Tower. It is efficient to include this additional work as part of the NPS construction contract. District will reimburse NPS for the actual construction cost of those specific improvements. Through this MOA, District,by providing funding to increase Tower capacity to enable co- location of District equipment,and NPS,by providing American Recovery and Reinvestment Act monies to accomplish the overall Tower construction, will together provide a critical,integral element of an upgraded radio system for law enforcement, fire and emergency services within GGNRA and District. The objectives of this MOA are to allow the transfer of funds from District to NPS for increased capacity of the new Tower, and to permit co-location of District equipment on the Tower,per Section I I.b. of the NPS Sublease, for the duration of the NPS Sublease with C&C ("NPS Sublease"attached hereto as Exhibit A). 1 NPS Agreement Number: G8141100024 ARTICLE II—AUTHORITY As to NPS, authority for this Agreement is 16 U.S.0 § lb(5) and as to District,authority for this Agreement is California Public Resources Code §5540. ARTICLE III—STATEMENT OF WORK A. NPS shall: 1. Use funds provided by the District through this MOA for Contract Line Item No. 17, Option D -Black Mountain Tower Capacity, an additive cost to the related Base Bid Contract Line Item, consisting of design and construction of the Tower, including foundations, grounding, and ice bridge, for the additional antennas shown on Radio Upgrade project construction drawing Sheet G2.1 (attached hereto as Exhibit B). 4-2. Coordinate with the District on review of Tower design and construction scheduling and access requirements. 3. Allow the District to install, at District expense, District equipment as shown schematically in Exhibit B and as specified by the District(attached hereto as Exhibit C), subject to confirmation of non-interference with NPS and third party radio and microwave operations, per Article 11.b. of the NPS Sublease. 4. Provide Tower access for District antennas shown in Exhibit B for the duration of the NPS Sublease. 5. Maintain the new Tower and other NPS personal property constituting the NPS Radio Facility,per Article 15 of the NPS Sublease, for the duration of the NPS Sublease. 6. Following 24 hour notification by the District,allow access to the Tower by Comtrain, Gravitech or equivalent-certified District communications personnel or District contractors for necessary maintenance and installation of District antennas for the duration of the NPS Sublease. In the event of an after-hours or emergency situation requiring immediate access,the District will contact NPS Radio Manager through NPS Communication Center;NPS will respond with appropriate measures to allow safe access by certified District staff or contractors within the time required. 7. Review District proposals, including structural analyses as needed, for replacement or additional antennas for the Tower within 21 business days,to avoid the possibility of District installations conflicting with planned NPS communication needs or exceeding the Tower capacity. B. District shall: 1. Provide funding to the NPS in the amount of$35,372, representing the contract lump sum price, for Contract Line Item No. 17, Option D-Black Mountain Tower Capacity. 2. Coordinate with NPS on review of Tower design and construction scheduling and access requirements. 2 NPS Agreement Number: G8141100024 3. Install, at District expense,District antennas as indicated in Article III. A.3 and shown in Exhibit B on the Tower, subject to confirmation of non-interference with NPS and third party radio and microwave operations,per Article 11.b. of the NPS Sublease. 4. Maintain all District equipment on the Tower at District expense for the term of the NPS Sublease. 5. Coordinate with NPS in advance of necessary work on Tower to limit tower climber exposure to electromagnetic radiation, and if the work is to be done by District contractors,require that contractors provide NPS certificates of insurance that name the "United States of America, the National Park Service, and its employees" as additional insureds in advance of any work. 6. In the event that District antennas initially installed on the Tower must be replaced, or additional antennas may be needed, submit proposal, including structural analysis if required, for NPS review to ensure that proposed equipment does not conflict with existing and planned NPS radio equipment, or exceed Tower capacity. ARTICLE IV—TERM OF AGREEMENT This MOA will be effective upon execution by both parties and shall remain in effect for the term, and any extension term, of the NPS Sublease with C and C for use of the Black Mountain site("Term"). ARTICLE V—NOTICE Unless otherwise designated, NPS and District designate the following individuals as principal contacts for the work outlined in this Agreement. National Park Service: Bert Carlson Radio Communications Manager Golden Gate National Recreation Area Fort Mason, Bldg. 201 San Francisco,CA 94123 (415) 561-5510 Bert—Carlson@nps.gov Midpeninsula Regional Open Space District: Elaina Cuzick Real Property Specialist Midpeninsula Regional Open Space District 330 Distel Circle, Los Altos, CA 94022 (650) 691-1200 ecuzick@openspace.org 3 NPS Agreement Number: G8141100024 ARTICLE VI—LIABILITY NPS agrees to cooperate to the extent allowed b law, in the submission of claims pursuant to g P Y Title 28 of the United States Code, the Federal Tort Claims Act, against the United States for personal injuries or property damage resulting from the negligent or wrongful act or omission of any employee of the United States. District agrees that, to the extent permitted by law, the District shall indemnify, defend, and hold harmless the United States and NPS, and their officers, employees, and agents from and against all claims, suits, actions, losses, damages, liabilities, costs and expenses of any nature whatsoever now or hereafter that result from or arise out of activities of District or its employees, contractors, subcontractors authorized by this MOA. ARTICLE VII—AVAILABILITY OF APPROPRIATIONS Nothing in this MOA shall be construed as obligating the NPS to expend any moneys or as obligating the United States to any future payment of money in excess of appropriations authorized by law and allocated for the purpose of administering the lands of the NPS, including GGNRA. ARTICLE VIII—MODIFICATION This MCA may be modified only by a written agreement duly executed by authorized representatives of District and NPS. ARTICLE VIX—GENERAL PROVISIONS This Agreement does not give rise to third party contract rights and may not be enforced by third parties. 4 NPS Agreement Number: G8141100024 IN WITNESS HEREOF,the parties hereto execute this MOA. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT: Signature: Stephen E. Abbors General Manager Date: Attest: Michelle Radcliffe District Clerk Approved as to form: Susan Schectman General Counsel THE NATIONAL PARK SERVICE: Signature: Name: Title: Acting Superintendent,Golden Gate National Recreation Area Date: 5 NPS Agreement Number: G8141100024 EXHIBIT C The following District radio equipment to be installed on the Tower as specified: a. 2 Dish—noted as D I —at 310.28,40' AGL b. _ Dish—noted as D2—at 305.66, 60' AGL c. 6' Dish—noted as D3 —at 97.81, 60' AGL d. 22' Whip antenna—noted as Al —base at top AGL e. 22' Whip antenna—noted as A2—base at mid-ht AGL 6 NPS Agreement Number: G8141100024 EXHIBIT A National Park Service Sublease for Black Mountain Radio/Communication Site 6 STANDARD FORM 2 FEBRUARY 1965 EDITION GENERAL SERVICES U.S. GOVERNMENT ADMINISTRATION FPR(41 CFR)1-16.601 SUBLEASE FOR REAL PROPERTY SUBLEASE No. DATE OF SUBLEASE: September 1,2009 Black Mountain Radio/Communication Site Santa Clara County,CA C&C Site Sublease Number.DBM1 3xx THIS SUBLEASE,that became effective on the first day of September 1, 2009 by and between C &C Equipment Company, ("C & C"),a California Corporation(hereinafter called the"Sublessor"), whose address is P.O, Box 1138 Eastsound,Washington 98245,and whose interest In the property hereinafter described is that of a leasehold,and by the authority of 40 U.S.C.§585, the UNITED STATES OF AMERICA,acting by and through a duly authorized official of the Department of the Interior,National Park Service ('NPS"), Golden Gate National Recreation Area("GGNRA") (hereinafter called the"Government"): WITNESSETH: The parties, hereto for the consideration hereinafter mentioned, covenant and agree as follows: 1. The Sublessbr hereby subleases to the Government sufficient ground space and equipment shelter space as described in Exhibit B of this Sublease at the Radio Communication Site located at Black Mountain,Santa Clara County, California (hereinafter referred to as "Black Mountain Site")upon which the Government may install, operate, and maintain an antenna tower, antennas and related and ancillary emergency radio communications equipment ("NPS Radio Facility")described in Exhibit A and Exhibit B of this Sublease. The ground space area for the Government furnished antenna shall be hereinafter referred to as the'Subleased Ground Space." In addition,the Government will have the use of an area within the Sublessor provided equipment shelter(hereinafter referred to as the"Subleased Shelter Space")as shown In Exhibit B that will house the non-antenna components of the NPS Radio Facility, The Subleased Ground Space and the Subleased Shelter Space shall be hereinafter referred to, collectively, as the"Premises". 2. TERM. The Government will have and hold the Premises for a ten(10)year term beginning on September 1,2009 ("Effective Date")through August 31, 2019("Term"), subject to the terms and conditions of this Sublease including Exhibits A, B, C, D, and E,which exhibits are attached hereto and made a part hereof,and any termination rights set forth in Article 6 of this Sublease..The Government will have an option to extend this Sublease Term for an additional, ten(10) year term beginning on September 1, 2019 through August 30,2029 subject to Article 6 of this Sublease, 3. RENT/EFT. The Government will remit monthly rent in arrears by electronic funds transfer("EFT")payable to:"C &C Equipment Company", P.O. Box 1138 Eastsound, Washington 98245 in conformance with GSAR 552,232-76-- Electronic Funds Transfer Payment and GSAR 552.232-75- Prompt Payment and other applicable General Articles attached as Exhibit D to this Sublease. All rents are subject to Congress granting annual appropriations. 4. RENT/PAYOR/SUBLEASE ADMINISTRATION. Rental payments will be remitted by the Department of the Interior, NPS OPAL Finance Center. For help or assistance with billing and rental payments please contact the Government Contracting Officer at(415)561-4791. For all other matters concerning the administration of this Sublease, please contact the Government Contracting Officer Representative(COR)at(415)561-2802. 5. RENT,ANNUAL ADJUSTMENT AND ONE-TIME FEES. a. Upon the Commencement Date of this of this Sublease the annual rent due under this Sublease is thirty-one thousand, two hundred dollars and no cents ($31,200.00). The Government will remit monthly rent in the amount of two thousand six hundred dollars and no cents ($2,600.00)on a monthly basis payable in arrears. Beginning one year from the Commencement Date of this Lease and continuing on that date each year thereafter,there shall.be an annual three percent(3%)rental charge adjustment("Annual Adjustment")as agreed upon by the parties, in Exhibit E of this Sublease. The Government will also remit the following one-time fees due within 60 days of the Commencement date: b. The Government will remit a onetime fee as administrative cost recovery to the Sublessor for documentation and legal review of this Sublease in the amount of one thousand five hundred dollars($1,500.00). 6. TERMINATION, EXTENSION, MODIFICATION. a. The Government will have the option to terminate this Sublease, without cause, at any time by giving at least Lninety(90)days.written notice to the Sublessor and no rent shall accrue after the effective date of termination, exce t 8/26/7009 p page I of 8 as provided for in Section 6.c,of this Sublease. The Government will have the option to extend this Sublease for an additional ten (10)year term by submitting ninety(90)days prior written notice to the Sublessor. b. This Sublease shall not be varied or modified in any way, except by an Instrument in writing, executed by the parties hereto, C. The NPS Radio Facility and any alterations, additions and improvements constructed or installed by the Government will remain the personal property of the Government("NPS Personal Property'). Upon termination or expiration of this Sublease,the Government will remove all alterations, additions and improvements made or installed by the Government on the Premises within one hundred and twenty(120)days of the termination or expiration date, and restore the Premises to the same or as good a condition as existed on the Commencement Date, reasonable wear and tear excepted. The Government agrees to cease NPS Radio Facility operations upon the date of expiration or termination of this Sublease, Following termination or expiration of this Sublease, the Government will continue to remit payment of monthly rent in accordance with Articles 3, 4, and 5 of this Sublease,to be pro-rated on a daily basis, and the terms and conditions of this Sublease shall remain in effect until the removal of Government Personal Property and site restoration is completed in accordance with this Article 6. Upon the approval of the Sublessor and the Midpeninsula Regional Open Space District('District"),and subject to applicable Government laws and regulations,the Sublessor may procure the Government antenna tower following termination or expiration. 7. ANTI-DEFICIENCY ACT. The Government's obligation to pay rent or any other charge under this Sublease is contingent upon the appropriation of funds for the purposes of this Sublease and, Is further contingent upon the availability of funds from which payment for rent or other charges under this Sublease can be made. 8. TAX IDENTIFICATION. All Subleases shall include the Sublessor's nine-digit Federal Taxpayer Identification Number(TIN)or a Social Security Number(SSN). Name of Sublessor:C &C Equipment Company TIN: 94-1549858 9. ELECTRONIC FUNDS TRANSFER. The Government will make payments under this Sublease by EFFT, After execution of this Sublease, but no later than thirty(30)days before the first payment, the Sublessor shall designate a financial institution for receipt of EFT payments, and shall submit this designation to the Government in accordance with Article 3 and this Article 9 of this Sublease, GSAR 552.232-76 —Electronic Funds Transfer Payment and applicable General Clauses Identified in Exhibit D of this Sublease. a. In the event the Sublessor, during the performance of this Sublease, elects to designate a different financial institution for the receipt of any payment made using EFT procedures, notification of such change and the required information specified in Article 3 above, must be received by the appropriate Government official no later than thirty (30)days prior to the date such change is to become effective. b. The documents furnishing the information required in this clause must be dated and contain the signature, title, and telephone number of the Sublessor or an authorized representative designated by the Sublessor,as well as the Sublessor's name and Sublease number, c. Sublessor's failure to properly designate a financial institution or to provide appropriate payee bank account Information may delay payments of amounts otherwise properly due. 10. PRIME LEASE. The parties acknowledge that the Sublessor's interest in and right to use and occupy the Premises is derived from and governed by the provisions of a license, hereinafter the"Prime Lease,"entered into between the Sublessor and the District,the fee simple owner of the land underlying the Premises, a third party in interest signing in concurrence to this Sublease. A copy of the Prime Lease, subject to redaction of the financial terms set forth therein or as otherwise required by any confidentiality and non-disclosure provision contained therein, is attached as Exhibit C of this Sublease. This Sublease is consistent with the terms and conditions of the Prime Lease, with the exception of provisions relating to hold harmless, indemnification, insurance, taxes, assignment, attorneys fees and dispute resolution. Where the terms and conditions of this Sublease are inconsistent with the terms and conditions of the Prime Lease, the terms and conditions of this Sublease'will apply. Sublessor and the Government acknowledge and agree that, in the event theSublessor's rights to occupy and use the Premises, or the land underlying the Premises,are terminated as a result of the termination or expiration of the Prime Lease, then the Sublessor must give the Government notice of the termination of the Prime Lease by,the close of business of the day that the Sublessor receives notice of the termination of the Prime Lease,followed by written notice within one week of said date. The Government will make-best efforts to prevent its conduct or that of its employees, agents or 8/26/2009 page 2 of 8 contractors from resulting in a breach of the Prime Lease. 11. ELECTRICAL POWER AND ANTENNA TOWER. a.Sublessor shall furnish electrical power to the NIPS Radio Facility up to the monthly base electrical usage allowance identified in Exhibit A-Summary('Electrical Base Allowance")as part of the Sublessor provided services at no additional cost to the'Government. The Government will install a submeter on its equipment certified to ANSI C1 2.1 and C",2.16. If the NPS Radio Facility exceeds the Electrical Base Allowance, based upon quarterly metered usage, Government agrees to reimburse Sublessor for the additional cost of electrical power above the Electrical Base Allowance on a,quarterly basis in arrears at a rate mutually agreed upon by the-parties. The Sublessor shall furnish to the Government, as part of the rental consideration back-up electrical power at no additional cost to the Government. Sublessor does not guarantee the performance, or effect, of power supplied by local utility companies or Sublessor's electrical equipment on Government's System. Sublessor shall have no liability to the Government for any damages to the NPS Radio Facility caused by, or lack of, electrical power. In the event of an electrical power outage or other changed conditions that disrupt or impair Government radio operations,the Sublessor authorizes the Government and its employees, agents, and contractors'to access the Premises and perform emergency repairs to restore NPS Radio Facility operations b.The Government will Install an antenna tower on the Subleased Ground Space as Government owned personal property, and provide tower access for District antennas, subject to the execution of an appropriate Government authorization for that co-location; and Government approval of the installation to ensure non-interference between Government, District, and third party radio and microwave operations. c. The Government is aware that the antenna tower has the potential to block signals of existing Black Mountain Site tenants and it is the Government's responsibility to promptly correct the interference in accordance with Article 22 of this sublease. The correction,-at the Government's cost, may include the Government removal and relocation of NPS and/or third party antennas so interfered with, within seven (7)days of Government being informed in writing by Sublessor and/or Site Manager of such interference. Third party antennas may be installed on the Government furnished antenna tower to resolve interference subject to the execution of an appropriate Government authorization for that co-location. 12. INGRESS/EGRESS, Sublessor hereby grants to the Government, its contractors,agents, and other duty assigned personnel, the right of Ingress and egress(both vehicular and pedestrian)at all times as necessary or convenient for the installation, use, maintenance, repair, operation, and replacement of the NIPS Radio Facility across Sublessor's property to the Premises. Construction of the Government antenna tower shall be coordinated with the Sublessor and District in advance. 13. CONDITIONS OF USE. The Government is responsible for meeting all applicable Federal, State and local safety and other codes, and for obtaining all applicable Federal, State,and.local permits, licenses,or other authorization required for operation of its equipment. 14. GOVERNMENT INSPECTION. The Government reserves the right, at any time after this SL*ease Is signed and during the term of this Subleasei to inspect the Subleased premises for conformance with NIPS safety standards and applicable regulations to which access Is necessary to ensure a safe and healthy work environment for the Government and the Sublessor's performance under this Sublease. The Government will submit credentials and identification for all personnel authorized to access the premises. Specifically excluded from this Article 14 are health and safety hazards from the uses and occupancy that are outside the Premises and do not affect the Premises. 15. INSTALLATION, MAINTENANCE AND OPERATION. The Government will have the right during the Term to install, maintain, operate, repair, and replace with like kind equipment the NIPS Personal Property, including but not limited to the NPS Radio Facility, any other improvements to be constructed or equipment to be installed upon the Premises, and any equipment or infrastructure necessary for, or related or andliary to,the operation, performance, and maintenance of the NPS Radio Facility provided the Government does not expand its use beyond that allowed by in Exhibit A and B of this Sublease, The Government is responsible for all costs connected with the installation, maintenance, and operation of the NPS Radio Facility, except for those Sublessor provided services and supporting infrastructure identified in Adcle 11 of this Sublease. The Sublessor hereby grants to the Government the right to secure the NIPS Radio Facility within the Subleased Shelter Space from third party access provided it is accomplished by locked cabinet and stays within the footprint of"the Subleased Shelter Space as shown in Exhibit B. All NPS Personal Property shall remain the personal property of the Government and may only be removed or otherwise disposed of by the Government. 16. IMPROVEMENTS AND ALTERATIONS, 8/26/2009 page 3 of 8 2.The Government is authorized to perform maintenance including the replacement in kind and same location of the equipment and antennas that does not increase or alter the dimensions of said equipment and antennas in the NPS Radio Facility("Routine Maintenance")at any time during the Term of this Sublease without further approval of the Sublessor or any adjustment in rent. b. The Government will have the right during the Term to make improvements and alterations,erect structures, and attach fixtures and signs upon the Premises, subject to Subiessor and District approval of plans in writing. The Government will have the right to tie Into or make physical connection with structures or utilities located on the Premises as is reasonably necessary for utilization of the Premises and operation of the NPS Radio Facility. Any improvements, structures, fixtures or signs attached to or otherwise erected upon the Premises will remain the personal property of the Government and may only be removed or otherwise disposed of by the Government, c. Government will obtain the prior written consent of Sublessor in writing before making any material additions to or alterations of the Premises and, if approved, alterations shall be made at the sole expense of the Government. 17. FOLIAGE CLEARANCE/DEBRIS REMOVAL. The Government may periodically trim and remove foliage and debris from the Premises and from all other areas under the Sublessor's control, in conformance with District approved vegetation best management practices, to accomplish the purpose of ingress and egress to the Premises, and to ensure the operational performance of the NPS Radio Facility and the antenna tower. 18. PERFORMANCE FAILURE. Except for Article 19 of this Sublease, If Sublessor falls to cure or remedy any failure to perform any service, to provide any item, or meet any requirement of the Sublease within thirty(30)days of the Governments written notice to Sublessor, the Government may perform the service, provide the item, or meet the requirement, either directly or through a contract and the Government may deduct any cost incurred for the service or item, including administrative costs, from rental payments. 119. DESTRUCTION OF SPACE. If the Subleased Ground Space and/or Subleased Shelter Space is partially or totally destroyed or damaged by fire or other casualty so that the Subleased Ground Space and/or Subleased Shelter Space is untenantable, as determined jointly by the Government and Sublessor, the Government will provide the Sublessor a reasonable period,subject to Excusable Delays to rebuild and restore the Subleased Shelter Space to a tenantable condition as determined by the Government. During this period, no Sublease charge is to be incurred by the Government. Any such payments by the Government to the Sublessor shall be promptly returned to the Government. The Government may terminate this Sublease upon fifteen(15)calendar days written notice to the Sublessor and no further rental will be due If the new Subleased Shelter Space and Sublessor provided services and utilities are not fully functional by the end of a one hundred and twenty(120)day period. 20. EMERGENCY BACKUP ON DESTRUCTION. If the Subleased area Is partially or totally destroyed or damaged by fire.or other casualty so.that the Subleased Ground Space or Subleased Shelter Space is untenantable, as determined by the Government, the Government may provide temporary communications equipment on the Premises, to be sited in a location approved by Sublessor and District within twenty four(24) hours of the destruction. Notwithstanding the foregoing, Government will at all times comply with the requirements of Article 22 of this Sublease. 21. TENANTABLE CONDITION. The Sublessor shall maintain the Premises, including the building, building systems, and all equipment,fixtures, and appurtenances furnished by the Sublessor under this Sublease, in good repair and tenantable condition. Upon written request of the Government, the Sublessor shall provide readily available documentation that building systems have been maintained,tested, and are operational. 22. INTERFERENCE. a. During the Term of this Agreement, Government agrees to use equipment of the type and design that will not cause interference to Sublessor or other licensees or lessees on the Site. Government agrees to make no changes to its equipment, frequency or frequencies without the prior written approval of Sublessor. Government agrees to maintain all its equipment to operate within the manufacturer's and FCC specifications, b. If Government's equipment causes interference, Government shall take all steps necessary to correct or eliminate such interference. If such interference cannot be corrected within seven(7)days of Government being informed in writing by Sublessor and/or Site Manager of such interference, Sublessor may, in Its sole discretion, require that Government cease operation of its equipment until such interference can be corrected or eliminated at which time Government may then resume operation of its equipment. 8126/2009 pago 4 of 8 c. Sublessor shall require all current and future licensees and lessees on the Site to comply with the provisions of this Article 22, 23. WARRANTY AND REPAIR. Sublessor makes no warranty, express or implied,as to the suitability of the subleased Premises for the Government's intended use or purpose and expressly disclaims any such warranty, Subiessor does not guarantee an uninterrupted continuous electrical power supply to the subleased Premises. 24. Government LIABILITY. The Government agrees to cooperate, to the extent allowed by law, in the submission of claims pursuant to the Federal Torts Claims Act(28 USC 2671 et seq.).against the United States for personal injuries or property damage resulting from the negligent or wrongful act or omission of any employee of the United States while actin within the scope of his or her employment, aris€n b g p gout of this Sublease. Nothing In this Sublease shall constitute an obligation of funds of the United States in advance of an appropriation of those funds. 25. GOVERNMENT INSURANCE. The Government is a self-insured entity. 26. CONTRACTOR LIABILITY AND INSURANCE. Government contractors at the Black Mountain Site are to provide Sublessor,Accord Communications and District with certificates of insurance naming them additional insured and proof of tower climbers certification as deemed appropriate by the Sublessor in advance of any work at the Black Mountain Site. 27. TAXES AND ASSESSMENTS. The Government is not responsible or liable for any real property or personal property taxes, personal taxes,or assessments levied or assessed upon or against the Premises. 28. SUBLETTING AND ASSIGNMENT. The Government may not sublet or assign the Premises to a non- Government agency or agencies without the written consent of the Sublessor and the District. 29. CHANGE OF OWNERSHIP NOTIFICATION. The Sublessor or District will notify the Government, as Identified in Article 32, within thirty(30)days of any transfer of ownership of the described property;or change in payment mailing address. 30. SUBSTITUTION OF GOVERNMENT TENANT AGENCY: The Government may,at anytime,substitute any Government agency or agencies for the Government agency if approved in writing by Sublessor and District which approval shall not be unreasonably withheld, 31. SEVERABILITY. If any term or provision of this Sublease Is held Invalid or unenforceable, the remainder of-this Sublease shall not be affected thereby and each term and/ortprovision hereof shall be valid and enforced to the fullest extent permitted by law. 32. POINTS OF CONTACT AND NOTICE, Each party to this Sublease shall appoint a representative and ensure that the address and phone number of its respective representative is kept current. Either party may change their representative at any time, provided adequate written notice is given to the other party. Matters pertaining to administration of this Sublease w€If be noticed to:General Superintendent, NPS, GGNRA Building 201, Fort Mason, Scan Francisco, CA 94129;Attn.Realty Specialist, Business Management Division. Fees and other financial matters pertaining to this Sublease will be noticed to: ration of this sublease will be accomplished by:Budget Division, NPS, GGNRA Building 201, Fort Mason, San Francisco, CA 94129;Attn: Budget Chief. Sublessor administration will be provided by Accord Communications, P.O. Box 670, Kenwood, CA 95452. Attn:Site Manager, Phone number(707) 833-2805. Sublessor accounts receivable will be provided by C&C Equipment Company, P.O. Box 1138 Eastsound, Washington 98245,Attn:Accounts Manager, 33. SUCCESSORS BOUND. The Sublease shall bind, and inure to the benefit of, the parties and their respective heirs,executors, administrators, and successors. 34. NO WAIVER. No failure by either party to Insist upon the strict performance of any provision of this Sublease or to exercise any right or remedy consequent upon a breach thereof,and no acceptance of full or partial rent or other performance by either party during the continuance of any such breach shall constitute a waiver of any such breach of such provision. 35. INTEGRATED AGREEMENT. a. This Sublease, upon execution, contains the entire agreement of the parties and no prior written or oral a reement express or implied, shall be admissible to contradict the provisions of this Sublease. 8/26/2009 Page 5 of 8 b. If any term, provision, covenant or condition of this Sublease is held to be invalid, void or unenforceable, the rest of this Sublease shall remain in full force and effect to the greatest extent permitted by law and shall in no other way be affected, impaired or invalidated. 36. EFFECT OF ACCEPTANCE AND OCCUPANCY. Neither the Government's acceptance of the Premises for occupancy or the Government's occupancy thereof, shall be construed as a waiver of any requirement of or right of the Government under this Sublease, or as otherwise prejudicing the Government with respect to any such requirement or right. 37. COMPLIANCE WITH APPLICABLE LAW, The Sublessor shall comply with all Federal, state and local laws applicable to the Subiessor as owner or Sublessor, or both, of the Premises, including, without limitation, laws applicable to the construction, ownership, alteration or operation thereof, and will obtain all necessary permits, licenses and similar items at Sublessor's expense. The Government will comply with all Federal,state and local laws applicable to and enforceable against It as a tenant under this Sublease provsideSud that nothing in this Sublease shall be construed as a waiver of any sovereign immunity of the Govert. Thiblease law. nmen shall be governed by Federal 38. SUBORDINATION, NONDISTURBANCE AND ATTORNIVIENT., a. Sublessor warrants that it holds a leasehold interest in the Premises and other property as is necessary to the Governments access to the Premises and full use and enjoyment thereof in accordance with the provisions of this Sublease. b. The Sublessor shall not take action to adversely affect or disturb any right of the Government to operate and maintain the NPS Radio Facility under this Sublease so long as the Government is not in default under this Sublease. c. The Government will be deemed to have attorned to any transferee or transferees of the Prime Lease or any portion thereof and its or their successors and assigns, and any such transferees will be deemed to have assumed all obligations of the Sublessor under this Sublease, so as to establish direct privity of estate and contract between Government and such transferees,with the same force, effect and relative priority in time and right as if this Sublease had initially been entered into between such transferees and the Government: provided,further, that the Government Representative and such transferees shall, with reasonable promptness following any transfer, execute all such revisions to this Sublease, or other writings, as shall be necessary to document the foregoing relationship. d. None of the foregoing provisions may be deemed or construed to imply a waiver of the Government's rights as a sovereign. 39. DEFINITIONS. The following terms and phrases(except as otherwise expressly provided or unless the context otherwise requires)for all purposes of this Sublease, and for all provisions of this Sublease,including those incorporated by reference, shall have the respective* meanings hereinafter specified: a. "Commencement Date"means the date on which the NIPS Radio Facility begins construction activities at Black Mountain Radio Site in support,of Government law enforcement and maintenance operations following approval of the installation of the NPS Radio Facility by the Sublessor, b. "Contract"and "Contractor"means"Sublease"and "Sublessor,"respectively. c. "Contracting Officer"or"Representative"means the Government representative or a Government officer or employee with the authority to enter into, administer, and/or terminate leases and/or contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer. d. "Delivery Date" means the date specified in or determined pursuant to the provisions of this Sublease for delivery of the premises to the Government, improved in accordance with the provisions of this Sublease and substantially complete, as such date may be modified in accordance with the Provisions of this Sublease, e. "Delivery Time" means the number of days provided by this Sublease for delivery of the premises to the Government,'as such number may be modified in accordance with the provisions of this Sublease, f. "Effective Date"means the first day of this Sublease Term that is identified in Article 2 of this Sublease. 8P-6i'2009 page 6 of 8 g, "Excusable Delays" mean delays arising without the fault or negligence of Sublessor and Sublessor's subcontractors and suppliers at any tier, and shall include, without limitation, (1)acts of God or of the public enemy, (2) acts of the United States of America,'City of Palo Alto and District in either their sovereign or contractual capacity, (3)acts of another contractor in the performance of a contract with the Government, (4)fires, (5)floods,(6) epidemics, (7) quarantine restrictions, (8)strikes, (9)freight embargoes, (10)unusually severe weather,or(11)delays of subcontractors or suppliers at any tier arising from u nforeseeabie causes beyond the control and without the fault or negligence of both the Sublessor and any such subcontractor or supplier. h."Sublessor shall provide"means the Sublessor shall furnish and install at Sublessor's expense, I. "Operational services,"means services that support use of a Subleased property, such as heating, ventilation, air condition, utilities, and custodial services. J. 'Simplified Lease Acquisition Threshold'means$100,000 average annual rent for the term of the lease, including option periods and excluding the cost of operational services. k."Substantially complete"and"substantial completion"means that the Work, the common and other areas of the building, and all other things necessary for the Governments access to the premises and occupancy, possession, use and enjoyment thereof, as provided in this Sublease, have been completed or obtained, excepting only such minor matters as do not interfere with or materially diminish such access, occupancy, possession, use or enjoyment. I. "Work" means all alterations, improvements, modifications, and other things required for the preparation or continued occupancy of.the premises by the Government as specified in this Sublease. m.'Mailing" refers to Certified Mail with a return receipt and the date of acceptance being the start date. 40. CLAUSES INCORPORATED BY REFERENCE. Exhibit D of this Sublease incorporates one or more clauses, required by applicable law, from the Federal Acquisition Regulation(FAR)or from the General Services Administration Acquisition Regulation (GSAR) by reference, with the same force and effect as If they were given In full text. Upon request, the Contracting Officer will make the full text available or the full text may be found as GSA Form 3517A at http://www.gsa.gov/leasingform. Provided further,the following clauses in GSA Form 3517A do not apply to this Sublease including: Clause 2 Sublet and Assignment;Clause 4 Subordination, Nondisturbance,and Attornment; Clause 6 Substitution of Tenant Agency; Clause 17 Fire and Casualty; and Clause 19 Alterations. 8/26/2009 page 7 of 8 IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their na mes as of the date first above written For Sublessor: C & C Equipment Company a California Corporation By [Suble'sso A orized Representative] Date] J For Government: UNITED STATES OF AMERICA Acting by and through a duly authorized Official of the Department of the Interior, National Park Service Western Space Management&Leasing Office Susan Speakman at Space Leasing Contracting Officer For Property Owner signing In concurrence and authorizing this Sublease between the C &C and NPS: 8/26/200 page 8 of 8 I EXHIBIT A Exhibit A-1 Sublease Summary Exhibit A-2 Summary Site Information Exhibit A-3 Site Specific Terms li Exhibit A-4 Sublessor's Technical Requirements 8/2 612 0 0 9 1 Exhibit A-1 SUBLEASE SUMMARY Sublessor: C&C Equipment Company,a California Corporation Sublessor's Address: Notices and Correspondence: P.O. Box 670, Kenwood,CA 95452 Payments and Accounting: P.O. Box 1138, Eastsound, WA 98245 Site Manager:Accord Communications, P.O. Box 570, Kenwood, CA'95452 Telephone: (707)833-5027, Fax: (707)833-2805 Government: United States of America, Department of the Interior, National Park Service Government's Address, Building 201, Fort Mason, San Francisco, CA 94123 Government's Telephone: (415) 561-5176 Contact: Bert Carlson, Communications Center Chief Licensed Premises:approximately six and eight-tenths(6.8)square feet floor space in building,and approximately two hundred and fifty-six(256) square feet ground area for antenna tower. Reference.9Khi "t& for Ground Space. Access Rights: Reference: NPS SF-2 Lease, Section 12. Ingress/Egress Term: Reference: NPS SF-2 Lease, Section 2. Term License Rent: Reference: NPS SF-2 Lease, Section 5. Rent and Annual Adjustment Electrical Base Allowance: one thousand,two hundred and fifty(1,250)kwh/month Government Equipment: Interior floor space for two(2)Cabinets,with dimensions of, 96"H,20.5"W,24-D UPS(5.3 KVA capacity), Harris Constellation 7 4xDS-3 Microwave Radios(2)with space diversity option, Andrew MT060-81315 Dehydrator Andrew 660OD-4 Gas Distribution Manifold Self-supporting Triangular Steel Lattice Tower, 80 ft. Andrew PL-871W 8 ft. Microwave Antennas(2) Andrew PAL10-W71W 10 ft Microwave Antennas(2) RFS 400108 CPR137G Pressure Window(4) Waveguide Type:Andrew EW-64 Miscellaneous Equipment:waveguide connector, flexible jumpers,waveguide hangers, grounding kits. Frequencies and Power levels(30 MHz bandwidth); To Montara Mountain: 7570, 8 ft. antennas w/diversity. Upper antenna centerline 75' Lower antenna centerline 50' Azimuth: 312.74* Estimated effective radiated power. 67.2 dBm To Lawrence Livermore National Laboratories: 8260, 10 ft. diversity antennas. Upper antenna centerline 73' Lower antenna centerline 50' Azimuth:43.21 Estimated effective radiated power., 70.5 dBm Installation by Sublessor Required: Not Applicable One Time Administrative Cost Recovery for Sublease: $1,500.00 Master Antenna System Required: Not Applicable One Time Master Antenna Fee: Not Applicable Exhibit A-2 SUMMARY SITE INF®RMAnI ON Tower Coordinates: + 37 19 07.72" N 122°08'49.85"W mat ----•-__ - =r== - -- i Self-Supporting, 6 ngu rn 0 Tna lar Steel Latt ce Tower NPS Contacts: I •- ;: -: Radio: Bert Carlson (415) 561-5176 Sublease Administration: Susan Speakman(303) 969-2741 _ jog _fa•us ......:�:-., i -e y ':y to qed#•ss'n 3 �ttuLi P 9�. - t t s { it — a�l ++ tt 9 s ' W MW 7s r a t t ... Antennas(height values centerline relative to tower): 8' high-performance microwave antenna at 75 feet(to Montara) 8' high-performance microwave antenna at 50 feet(to Montara) 10' high-performance microwave antenna at 73 feet(Lawrence Livermore) 10' high-performance microwave antenna at 50 feet(Lawrence Livermore) Frequencies (Microwave): From Montara—7270 To Montara—7570 From Livermore-7900 To Livermore 6260 Frequencies(Trunked RF) None Equipment Racks(:) Rack 1, Microwave(to Montara), Harris Constellation Radio, Power Supply, Multiplexer Rack 2, Microwave(to Livermore), Harris Constellation Radio, Power Supply, Multiplexer August 3,2009 ®m III EXHIBIT "A" BKF LEGAL DESCRIPTION ENGINEERS All that real property situate in the County of San Mateo, State of California,more SURVEYORS particularly described as follows; PLANNERS BEGINNING at an existing fence corner having a NAD83 coordinate of Northing 1942733.96,Easting 6082658.52; thence along an.existing fence line North 41'57'11" West 12.29 feet; thence leaving said fence line North 48°02'49" East 16.00 feet; thenceSouth 41 57 I 1" East .16.00; thence South 48°02'49" West 16.00 feet; thence North 41.°57'l1" West 3.71 feet to the POINT OF BEGINNING, Containing 256 square feet or'0.01 acres,more or less. The basis of bearings and coordinates for, this description are based upon NAD83, California Coordinate System of 1983,Epoch 2002.00. All distances shown hereon are grid, to obtain ground distances multiply said distances by 1.0001504. The expressed area is also grid; to obtain an area expressed'in ground units multiply the grid area by 1.000300858. A plat showing the above-described parcel.is attached herein and made a part hereof as Exhibit "B". This description was prepared by the or under my direction in confonnsmce with the Professional Land Surveyors'Act. C" �•©3,09 LAND S Michael A.Shoup, .PLS 7616 �A License Expires 12/31/2010 �> No. 7616 * o EXPIRES 8 iF 12-31-10 J'T °°°°.° ° �Q gTFCf CA i-"�o 255 5horellne Drive END OF DESCRIPTION Suite 200 Redwood City Cclifornia 94065 phone 650,482.6300 fax 650.482.6399 J:1Sur0510500Mp1ats and IegalslLegal.doc www.bkf.com Parcel name: Ease Rev 08-03-09 (description area calculations) North: 1942733.9640 East : 6082658.51S7 Line Course: N 41-57-11 W Length: 12.29 North: 1942743.1040 East 6082650.3025 Line Course: N 48-02-49 E Length: 16.00 North: 1942753.8004 East 6082662,2016 Line Course: S 41-57-11 E Length: 16. 00 North: 1942741.9013 East 6082672.89S0 Line Course: S 48-02-49 W Length: 16.00 North: 1942731.2049 East 6082660.9989 Line Course: N 41-57-11 W Length: 3.71 North: 1942733.9640 East 6082658.5187 Perimeter: 64.00 Area: 256 sq.ft. 0.01 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0000 Course: S 90-00-00 E Error North: 0.00000 East 0.00000 Precision 1: 64,000,000. 00 �S�QnLANbaS�o No. 767 g T2-31-10 o'4 I� °O........°0'��� OF C AUF' i NOTE-.. The basis of bearings and coordinates for this description ore based upon NAD83, California Coordinate System of 1983, Epoch 2002.00. All EXHIBIT ®n distances shown hereon are grid, to obtain ground distances multiply XHIT G7 said distances by 1.0001504. The expressed area is also grid, to obtain a area expressed in ground units multiply the grid area by 1.000300858. DESCRIPTION AREA= �— 256 S 0.01 ACREECRESt -� + 1 ° + � Q o �'1z F``•� E� � \ � o, \� w POINT OF BEGINNING 0o 90 + N 1942733,96 \ E 6082658.52 \ f +\ /+ + V 1 LEGEND —x-- FENCE LINE GQ LAND S �Ifl r DESCRIPTION AREA °G 20 a 20 c, 27 0 —�e -a SCAIF 1%20' No. 7516 * a EXPIRES 12-31-10 e\P 9lF .......... OF cl\oF �� 255 SHORELINE DRIVE Subject EXHIBIT „B" SUITE 200 ■�' REDWOOD CITY, CA 94065 Job No. 20050017-50 B K 650-482-6300 8 RAB Emoo QdSoRMOnnIPusnMB 550-482-6399 (FAX) Y Date 08-03-09 Chkd.MAS SHEET 1 OF 1 Exhibit A-3 SITE SPECIFIC TERMS 1.Site Location. Sublessor manages the Radio/Communications site located at Black Mountain, Santa Clara County, California located at geographical coordinates latitude 37-19-08 and longitude 122-08-45("Site"). These Site Specific Terms of Exhibit A are incorporated into this Sublease by reference. 2.NIPS Authorized Personal and Keyed Access a. Before entering the Site,Government will provide to the Sublessor in writing, the names of all persons authorized by Government to enter the Site. Government will update that list as changes occur and provide Sublessor with a copy. Sublessor reserves the right to deny access to the Site to any non-authorized person. b. Within seven(7)days of the Commencement Date,the Sublessor shall deliver to the Government all necessary keys and combinations to facilitate Government's access to the Premises. Loss or unauthorized duplication of keys by Government will make Government liable, at Subiessor's sole discretion,for the cost of re-ksying the Site locks. 3. Site Management. Government agrees to operate the Radio Facility In material compliance with the reasonable requirements of the Sublessor, including but not limited to Subiessor's Technical Requirements included in this Exhibit A and upon written notice,with any reasonable amendments thereto. Sublessor shall designate a Site Manager,who has authority over all technical matters at the Site. 4. Licenses,Installation,Authorized Equipment a. Government will,at its sole expense, obtain and maintain a Federal Communications Commission("FCC"), District, and other required licenses or permits{"Licenses')for the NPS Radio Facility at the Site. Government will provide Sublessor with copies of its Licenses. Government represents that before installation of the NPS Radio Facility, Government will obtain applicable Licenses pertaining to the installation, operation, maintenance and repair'of the NPS Radio Facility at the Site. Sublessor agrees to fully cooperate with Government,at Governments cost,in obtaining the Licenses and to execute any applications, maps,certificates or other documents required In connection with the Licenses. b. Upon submittal and/or execution of applicable Licenses with the District, Government may install the NPS Radio Facility after the Commencement Date and prior to the Activation Date. The initial installation of the NPS Radio Facility is subject to the prior written notice and approval of the Site Manager. All antennas are to be painted a medium gray color. c. Government installed NPS Radio Facility equipment, and antennas Installed during alterations, additionsand improvements,except for in kind replacements performed as Routine Maintenance, require Sublessor's prior written notice and approval. Government will not install now NPS Radio Facility equipment and antennas not listed in the Exhibit A Summary without Sublessor's or its Site Manager's prior written approval. The Exhibit A Summary shall be modified periodically to update for Sublessor approval, now NPS radio equipment and antennas installed during alterations,additions and improvements. 5. Maintenance Standards a. Government agrees to maintain and operate the NPS Radio Facility in accordance with applicable, NTIA and NPS vendor engineering standards for digital radio and microwave broadcast purposes and the Sublessors Technical Requirements identified in this Exhibit A. b. Government at its own expense, shall protect,maintain and keep in good order the leased Premises. Government will not maintain nor permit any nuisances on the Site. Neither Sublessor nor Government will permit the Site to be used for any purpose or use in violation of any of the laws, ordinances, rules or regulations of any public authority applicable thereto. 6. Subiessoes Emergency Access. In an emergency, including but not limited to,fire or property damage, Sublessor and/or Site Manager shall contact the Government and notify them of the intent to enter the Premises, The Sublessor may access the Governments equipment working in cooperation and coordination with the Government to eliminate or attempt to eliminate any hazard caused by Governments equipment. The Site Manager shall also, upon 24 hours advance notice, be entitled to enter the Licensed Premises and have access to the NPS Radio Facility for any purpose related to Site rnanagement. Prior to the Activation Date,the Government will deliver to the Sublessor keys, combinations, and/or cards necessary to allow Sublessor access to the Premises as provided for in this paragraph. 7. Sublessor Limited Liability. Except in the case of Sublessor's misconduct, Sublessor shall have no liability to Government or anyone claiming under or through Government for. (1)any injury, inconvenience, loss or damage to Government caused by failure of equipment, or the malfunctioning or interruption of any service, utility, facility, or installation supplied by Government, or Sublessor,Mid-Peninsula Regional©pen Space District, or the principals, employees or agents of each, or any other person, in any such case beyond the control of Sublessor;or(2)for the making of any alteration of or Improvement or repair to the Licensed Premises, the Site or Sublessor's equipment located in or on the Site,whether required by any governmental agency, or due to casualty, or for any other reason, N, in the case of any such alteration, improvement or repair. Sublessor has exercised due diligence to avoid or minimize any such injury, inconvenience, loss or damage. 8. Mutual Consent. Wherever in this Sublease the consent or approval of the District,Sublessor and/or Government is required, it is agreed by the parties that such consent or approval shall not be unreasonably withheld and will be promptly considered. 9. Captions. Captions or headings of paragraphs of this Sublease are provided for convenience only, and shall not be of any force or effect in construing any provision of this Sublease. 10. Superseding Sublease. This Sublease supersedes all prior agreements between Sublessor and Government for the NPS Radio Facility operating on the Sublessor's Black Mountain Site. 11. Hazardous Materials a. Government agrees to abide by all federal and applicable state and local environmental laws, rules, regulations, ordinances,judicial or administrative decrees, orders, decisions, authorizations or permits pertaining to the protection of human health and/or the environment. b. Government will not cause or permit any hazardous material to be brought upon, kept or used in or about the Premises by Government, Its agents,employees, contractors or invitees, except batteries in type and configuration approved by Sublessor,freon used for coolant systems and reasonable amounts of cleaning supplies or materials usually used with Government's System, provided, however, such supplies or materials are reasonable. Except as provided herein, Government*11 not cause or permit any other material classified as hazardous to be brought upon, kept or used in or about the Licensed Premises by Government,its agents, employees, contractors or Invitees,without the prior written consent of Sublessor,which consent shall not be unreasonably withheld so long as Government demonstrates to Sublessor's reasonable satisfaction that such hazardous material is necessary to Government's use of the Licensed Premises. c. Sublessor and Government agree that any hazardous material permitted on the Licensed Premises and all containers therefore shall be used, kept, stored and disposed of in a manner that complies with all applicable federal, state and local laws or regulations pertaining to any such hazardous material,and shall not cause public or private nuisance or trespass, d. Upon termination of this Sublease and at the written request of Sublessor, Government, at its sole cost and expense, shall remove in the manner required by few any storage tanks or other hazardous materials located upon the Licensed Premises solely as a result of Government's actions or the actions of Government's agents, employees,contractors or invitees. e. As used herein,the term"Hazardous Material"means(a)any"hazardous waste"as defined by the Resource Conservation and Recovery Act of 1976,as amended from time to time, and regulations promulgated thereunder, (b)any"hazardous substance"as defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980 and the Safe prinking Water and Toxic Enforcement Act of 1986(Proposition 65),as amended from time to time,and regulations promulgated thereunder; (c)any"oil, petroleum products", and their by-products;and(d)any substance which is or becomes regulated by any federal, state or local governmental authority. Any substance which is exempt from regulation under the definitions or exemptions in any of the statutes, regulations or ordinances referenced herein are also excluded from the provisions of this Sublease. 12. No Smoking Requirement. No smoking to, from or at the Site will be permitted outside a vehicle and all smoking material and matches must be placed in the vehicle's ash tray. Government's agents, employees, contractors and invitees are to be notified of this condition by the Government. Exhibit A-4 SUBLESSOR'S TECHNICAL REQUIREMENTS All systems are required to conform to the following minimum standards. Microwave and other systems not included in the Site Requirements shall be addressed on.a case-by-case basis. 1. All transmitters shall be FCC approved and equipped with protection devices that meet the following minimum standards. Minimum Isolation or Attenuation Band(MHz) Isolators 2nd Harmonic Filters Cavity Filters 30-50 50 dB 40 dB 20 dB @+/-0,5 MHz 66-88 50 dB 40 dB 20 dB @ 1.0 MHz 136-174 50 dB 40 dB 20 dB @ 1.0 MHz 406-512 50 dB 40 dB 16 d13 @ 1.0 MHz 806-960 50 dB 40 dB 20 dI3 @ 5,0 MHz 2. All isolators, at the port nearest the antenna, shall be equipped with a load rated at a power equal to that of the transmitter output. 3. Only cable types listed shall be used to connect the transceivers to protection devices, distribution,systems and antennas. Other types will require approval from the Site Manager. 1-Triax (Belden 9222) 2-RG-9/U JAN-C-17-A 3-RG-213/U MIL-C-17D 4-RG-214/U MIL-C-17F 5-RG-21231U MIL-C-17F 6-1/4"LDF (FHJI-50) 7-1/4"Superflexible (FSJ1-50) 8-3/8"LDF (LOF2-50) 9-1/2"Super'nexible (FSJ4-50B)(LLFLEX12) 10-1/2"LDF (LDF4-50A)(FLC-12-50J) 11-7/8"LDF (LDF6-50A) (FLC-78-50J) Cables#1-10 must use fittings that have solder on center pins. Any crimp or compression types must be approved by the Site Manager. Any fittings other than"N"or"BNC"must be approved by the Site Manager. 4. All antenna locations shall be reviewed and approved by the Site Manager prior to Installation. Primary consideration shall be given to required coverage, the reduction of potential IM Interference and receiver desensitization to any equipment on or off site. 5.-All exterior cables shall be secured with insulated stainless steel band straps, Insulated wire or any other cable hanging device approved by the Site Manager. 6. All interior cables shall be secured with wire ties or other cable hanging devices approved by the Site Manager. 7. All interior and exterior cables attached to the Superstrut cable support system shall use Cush-A-Clamps or other framing channel clamps approved by Site Manager. 8, NPS Contractors performing antenna tower construction, access or maintenance at the Black Mountain Site shall have tower climbers certification(e.g. Comm Train,Gravitec Systems Inc.)that will be reviewed and approved by the Sublessor in advance of work. i EXHIBIT B Orientation, Site, Equipment Shelter Plans and Government Equipment List 8/26/2009 r • Department Dfthe Intedoir Biackmountain • O Santa Clara County, California Golden Gate National'Recreation Area .,,.: 4, 'tt•'«1 r Q At l .. r ram. w.,,,, ,- ... is - _ - ,�, • Black -Mountain f Radio Site 5W N TA CL.ARA GOU.NTY SAN . MATED COUNTY- #. SANTA_ ..CR.UZ COUNTY Miles WK Lease } {, .. Wdc Mountain TWIo Site Plan :::uusau: ........_-a-=: _� --. a3a..�c.•Z ,Q -aam;:�„zra OEM- El :�..�-�-r.:'rrmn-•iiaa:'u e-='�---we-rc - - -- Fci,lEva•�.a.:a:_.:.:.:.:r., ....._... _.._.. -_.-• _-...-'----'--.__...--=x--'---��_.=.=x:---- - - =-- - .=sue:.=...._.... F;}„!t!== •`•��•-;=�-.�::x- _ _. � a,m:�»,,,_ro{;}>w�:a{{,=a,a,._�__.....,��,,;-------�L,�,a: =���xa..s' :�-..>��:�-ir����s=-��'=�i �m mi r ai=•-m:�_ —�=am�._ a=_ - .w riwma' = rr� ;:; _ .. __..._.,__ -. ra::tii .a::_:u,.wm,.. "• __'�_�—__..._ __..._ _ - 'w.;aii::n,a: =•• ...w-;�a:,,:ax;��---";r_Y=->.�r�_z=�' —a,�a~•'�:� --•-?=--__:,:�v::;:.._-::_-���=-.. .:.Tam_ �. - _....._c. aviam�ss::di-i-�:y_:w,-n_ami�ii,�seis`ri:?'"'-au,r_-_.•_�i,s":3�=-___ :'v�ei-uo: - -,-.-. ,m,.•••,.. ••,nmz�anauiLmi•,:ii>:_=i's`,aie,_i'mi,d„s::":a ME :cu.::.x,a;.:}:.::S.!}K_-".u-..r:.:—•x_:._ea..?r::a=.-sxa:a�rai:,�axsm—::a,,.a__3-•.-�.-ae,�iu.->.a_m.•_--n`'x-r•�.„_`__--a-^_.,i•".r:_._.•�:?.-.__-._::L:ra.._-=sr:_..__-s=-s.y....:,s_.-x.•.ri.m�v",im^u,ew.a_ara_Wus.u--s a�a::r._r=.�W='m�T.-..es:•.�.=___a...--m`.__:i_i::ne,.ia.s;..-.,-_.w-�-,u:m_z_,v•-rr,ms,i:.—,n.i..Re.f...e_=:,.-_.:uuu n_i...:_-.e::-=.-:_•:_e..—re...a.:...t_-.-•,:L'-.x:-•`_xa�-x�a..i`'.a"-=.�`"e.�.:..--.fi-r-'a-. - iina..a_._a...ai• _—.i.-_..r_:i..i.on ai mtam;uuni ._ - Ow rL ^ruL_ ;.: i" ni;.ri... ea -:r- a :.:R-`=-'•,_n':.1;'ic-,.;x�.::3:i`- 98St`.is.lia too—t000ttoirr Mo o -._ =-v . :- Ti_i3•:',i,: a__.._..__..._.. _s„rm:ati:,x•:mm�,:n}L•m.•ri= .__�'�':•�3�z,'ka-va_esi-.mu,m_�u:ni ?Fn{e?;arrc;€j �._- •,ail;}-ra}......,wnae:nmi;{•:'-. _. ..a"':�3Sc%.-�fi:u.�z'ox'3`eam`ar-•-oI a•i '- ••m€i+x1'n-rma l• _._.....-._._._.._.._-tea::_:•_�-.�:�=__...._.. it •�.. ---.-�,....=m=.m.�„��._...:W.= �,;,,rn;�,n='�. _.":...ice., - ..=nT�a:�--•• __•_..ai,n::�,:_. =,ka.:i.:x.�:m,nxx,:.. ,x-:=,._-�--•:: =tan....• •:_ ..__.._ {}li ra:r-m•r. ITM= :L; :::pg_:x:u...- ,rr-zxSFds... - ---aTiri.3ESiii:FEiiiiiiuid}iieauc,wiri•:,i-nuiiri_...tue,i,m,ew w=:mu=.mmxx_..:r _..:_.-.•_-��•��E.zr..�.�r.:r.-.-::rnmuvr�n:aec. ••»�:•va-�;;iii:i3� " _._..—_....__..__..._.-.___.._._..._._r'-�: c"ssv,zd%�•� _.�-�•a. -m,�,aurr:i. a ._.-. .•,..-.u--�:a �---''-'�ai�Wv�.-• - ' ,•�{!{�..,; .. �:w,_�. _..._ _ - - __�a.:r:.x_ ..a,::r_-,:::x:ma- = ��'rw:yaa�,-i:ar�s: ...... ::: . .., -{?a:i..' `-?"_r_ -z�:mv_�u_:-z�- wL-Tom-::z a,a®m :zeu•- _ _ v xv_-—__-_�'_ NO _:._�•..:va°': .._ -�vvr_=:- ___._ '-.,av;--- _ •r_3iF:,:gt_, .�m_ __ _ _-__ -�._.Ii!-!a'�'_._.i'RL�i..,. -:.., _.......:.. ..:.:.. ...Si-.._ ...m.mm__.�g. .. .__•i•�_�utwm:u:wnem r•aa uu,iFm.;.a:u:u, , _ _ _ ;:;'.k�,..__,�nu,;;ati'u&a'S,a'6tlR!; i '...' : ail?c.. OnamS:.F,pa „ziazY��u .. w.orasY::,a„m:wn a_•r. ..-.. ,a _ a .:.. • ..... ...::.. '-aniac•_�x<<-'_!._r ._�__.r__:.� �.,aF , :r.+,mi,xu;n?{i,-ua�r_ `c,a'T.v-:..'_�:xaw-,•" �in?c;•n;;it-`•ma,r_'•`eduria eimi'eei!a!iy: ___ _ _ _..—_ems _..-__ _......=.ter. .:,..:r..• :,:]C a?L:••3. _- _._.... __.. - _ __. .--� ara_•areii,";�-.''_ 'Cpxrr.=ai-'rmx_as_--,:::•_ate_:,-,_'___...,.`'a_Ts.�}�u!a,uuee"'ae7.em :a•=e._r_! a'� ._._.-,=a-sous _`. '3zz _.-_ a.",xcr__'auSY:' aiars�i:tfL°it.� � atau=�e s"xs'_'.s�e���T '-_.__ ''ae,�, .:.-'- _ •:•- ..._ .: 3:..- '� �- s x� m:w.:r-mzam:aa,xs _ � �•,�_....ra --=.•Tr t a€ .. 3� "ems•.-a. __ _- _ .__ `�� ......-:-- :.... ..a,:si.-r ='eciez�•esyi ......... .... ."_:..:d�—_-_............ .zt u::aru•as__mow _a, _ .. 3-y„ .C._.;r. ' -ax•_3 •__._.—__?!:_ s==az }- m'i�._� __—__-_-_ 'x=ssu?'�=__--�---F a: -.�� ••'-,r �•-i,iiz::saz:w;ia�.'m,mim _._. pq t, "_..:, •.,-•� .,,:., ^ i€iiunr-;F:�u m.a'-e.?nmtr3e�z?[a mrm�:.au� �'�r.`:c.�_3sii } --__ _r ____ g•,.-_ _.ne�mgrii� '..:•• ... {....[;; :..{,FT! ::.'.±2:.:;t.;•ir{=.:€s[:t .'E,.. ?:�:e= xc: x -_'---T� az =?2rs=-a:.L-s=S-?:-�.scc �...=;_x= - - ......... r�,3z:;r:m.—a.___�� rss:en:=o-_n--a'•••-•-x= =ter..:=xa:. -_ •_ E � ��`!F. ..._:°€I€:::• {. �!-:�:'{}•R.... �r..__...__a-=.�.`.:�> ?�"_:.^—"-_ "i yiyai.. .-'fir-"vs�„:i �_.+`I_m;z��N��: �. :ihi• a.:- '''I'#Fs�F wLTi::,g - _.._. __„rs Qt-Y,-,-'F 'v'>� !?!t Yrsz .aiffi t o ":,,� ,.r ...- 'max€•••� `:< _ .....;.}S.S•. �'- .___._.._•_:L.�i!��-'==��i�?x-i. ::_ _- :_... : rrnm,.:_... ;x�,I,g,, .__._._.-_.maxta-_--:m�" e'Yaie '.....__._ .-• ., -'"'zf"-".m;iF;ii:;S:i,iiri'•• �a�: i� rk { -.__.._�: 3k=.,L�':':.a^.-•a':atm3E�._.:._•na°au _ _ 'RaT 1:=��is-_ _� . ...+ i:.. .,�-`'.:..... ...{Era!{. ,: _ . .nl.ni'ai'•-•_:aaid�•iii,m.. :5`oie3{c•{g; aar ;uOw a- __.,.. Mo _. a _ -- - r-Y i n:i,:, x.aa ww:n :w•m x a,na,,:.:,:na :•. :::.,:_.......:....._.__ __..__..a�..__._....a § !!:R?;4a��,T 4!_w s' au? n. i.U va'mKn:,LLs„rm:x;x:w:=a:•a,l�: .�..:'-:i'::"._::. ' .:,t;�`.•�. .... ...._..__._......__ ._..._._�. ..__...___...-_e:a::� ___.__._._._.._.__. r.. - ,daaa'i;=ra"arur=:vsaSe _i..;a;;___..r....-._.._a _:. - "'c y...:w-�"a.._ -- .. m.-r..smvar_ d:9c3':'e. kr'. __..:... E.. .. =� �.., ar .}._,aa '° "••_..Y.----_�'_---" n- _a•v,��d--n�3 i: -;fa •i - iiaar_xxn,nwmm,r,�.a:,xaawt�awax-n. . 00 : • m:> ,an,a,:a,-. .aa�y<- :. _ to - w.=xn_w:=tw - m.. ; ,rxi::a:{y �ia,aI..._ C C§: ay _ ._...... mll!�€iriiif.a•_._...."i•e'' F: :=•�y.... mz:um„r_:iot,nwiri,ii::-::5:ruuiii_�' ' .. . . €-'•'a4.. ': er'...:.S:..rar.::i iuTv'eiB"3:-"'n"±'iE "f: _ _' . ,._ 33 t ... �:;ips's':_iiii,i --_. ••ux:rsuxr-:°__... ear. :..•::.:.3:..;{ii�Fi'• ,v.- ,.. a... .:: P - __ "-`-- .,F{ -3•_a' {$ �;.. m :s=:xF a.man ra; , ash$€i?e[.yi€; R k!€i}:, :L {r, -,... :i ., :: :.. ... - ,.: - ...:,a.,ha:ea:•rr7__.;::i eF;y-Eii6c? :maia-:,°=:yawas,cixr�..L :uk::: w7rn;:;-=n ••R.. ;: t._ _=e, ::: R!. F . SR :sg. •_, aT EM" _._..... _».._....j...; :xn.-::,.�r__w rF-� . �•�' ram€ y€!F. �'' '•a L r� _+ e-a•a wC7'0 3_ .!- i 4r!a•L&. -t"ki t 3 �niri.•: -F"-G.: ..'S.. .u..S.....¢, ....... i'�.. - .._.._.... .: as..t..: F•`a.:x•.. a rd:..F...n... :and.a. ..i.n,:••aa:::_i...._.__^a.E. jai. •:;t:::i,€€`•'i:c-iiF&a...,. .•fa�••f�"tip}.'.•'.ii ..??colEYS€ nur. E•z_._._...::;??ui:, � � , .€ �€ , .,y 2 ... ,ii; ..__!!!�.�:___. ,: � E}ai:' k:, •_. }� :_.€.�} F L�:._ � ��i=;"�:;_;;e a�ic>x'F�i�_... _ a::i:,m„i:�:iaa-�ws t a:i�k !�: }� ii � �€�...:�!�•��??e�t:p ,�,{:�„ __ _.':-;-:�..R."•�€;s 4� ?ii;�'_- :-g' i}.,_ mn:wx:f: ata,.•_r y ' _ ___ -yayy�_ ::iil",ama'ia_itLW=i- .if.._..Y.».::.:__:::L:r=.:x.. 2:3: �. ...._.............� _. ..._•:..: "'i: as:-::::'r :.:,�_,. _ --__—Y.101__�• - —s.I.SCS�._ _— __ t .._...—_.._.._......__.._..._.. ........ g, a .�•L -::n:nzeE=ce{-'_eTs:?n;i,.}i;,ri_[} ..••L.... ..:...lia:3 i[ :.:i:":..?i�iFii'°liar,:::•-iitii,�rire '-._. •-....a,. ..:::• ....y�1•��•.';:-:�.,.:.;._.SF..".'.. .�•�e :?•e?ij='s l.h.=em:a„`.v4:::P?FR9T?€..� •,.:..: -. � .... tw,; s:: :...�9'�leziF::"€��€�L�i::"1?s' - ,8::."�:-'_'.!r:=:r.m �y:• �k€:-::;:� i;- .i_t{;_;�;i=:_;:aii:z=•= - - .._..__._... uu,L'CL'{CT.•:a'L'Sn;'v'dii iiiiil - - Lie s� ..x!�.:. 3?;..:,..... .. ___w,:a•.. - -- - su ax.:,•S5. lRe:..::...1.....in.,n_... :Laa i•mim.:a..ud€€+4.•• :-u• ':•,�'} =c' ,... •''+�-..._ .. ••'`. Cik!!5.._..-.:...53.............-.............a h:...-..€.._...-d...........a i.?E'.::..._.. :F.: R•i' llFf;-_-�;.:;: ;!F.�spE: i?.. ^,fi2i,;iz}:vtp!i="•,w:iea:i- m�}i!!:-i�00-�_.._•:.��! .. .yy.S .._.............._....... .,,.....r.a ._.. ..€ .f_.._..... .». .. ...._ `,. .:.,.: ...:... __t.....::.... €'9€ €:€u:x:::.::::.: - --_-__ :...�,: --c —a_,'••::'__•?€ -:3z RL••31Rava:r. :t tiuiut ......-a=s: •n 3c::u,u::mrrea.}.:{.. t ._•-?ri ::::t t ,,{€.• •,G r�9r,€i r.:• :. 3.. _ _ ;iF•�i°<•s.'•, _:.. :,+.': s Es r..::. Fi•,.ar.:w:::::..ra as '.Faun :rx !._.._.......i. 7....Y.._t?a:'ki� i::......so'zs......i s 3...v_. ..l...1 n...,. ti .. ....40F3?S?� 'Ra'_E''_•=:.i_.......L.:r:•x:.:a:_.;;... Sid .. ._..a,a:f. . €,; t - - : a6ta ±:;32u n s::: E{'.E. .... 33 ...'..."..... :c.i i€....._.................3.....1.. ..,....-..... .1��-:•::r.•:::.:... ._.... .. ,} ._- •.[ar:::::�_i:,.: , €' ... _. �,.i+: F?f�3a - ,a:�::d::::rz:::•::•:euc::E'e' '±F-cuiaiir'....iEaii•,e , , , iu`r"-}itiii .,.{_......_....._................ ...._.._.€��,._---....�.....• .a_::•.a•w iF,. 3..:.:_�..._.. {..,.€ :� ...... .: ��€.�..�.,�3;.. =.:_€ �- €::::.._.._.,_. .,.., .�L!€�, r..:m-,.:in1=.�.�.a�3.11i�:-�:w�! €•�'__:::: a }.�a5 c € i { a-x ar w,au}±-7 3 - I k3 k •>s:.: a+ c€,-! �. f "Tr ,L°g=.E'€igp":5:_:.:._...•_--a�'.'_+- '•'__.....;. :.a ! =n .iE 8._iir E ei a a- a ski=_E u 34 I 3 _ 7m R� sa; + R! R { F! ' F -� o::: ! ?... 3il�R€::'•-#, •n .R L! - F•^ { .,:oT '!. u i_..??.iy[,� •.. ..e € YRI. F...t}n {,f,;i:•a•i};, n _.3. 'p € n a• #€,,' _ a.d':•.l:n}-:::`+, t.. a.:��.;:}}�;_s}. .._.....- .;,_.? La:.'�r3•�'. L : � .ra• ua L.....:: a •-xr a#€F z a Y.. '±f- �i .: A .3C .:`.a'�,''.},S''•y^,: ein oiinF::irT,r..:wiu_Ek.e}{:z,ciiuiu: _ jr -� ". �.#L. - r..uurnar.},6iu�}iJ,�" 7 a,"E. �.['. -s`.i, +:,:t_ „�iea :lvi-.z-ii}ia�`<:: -_... 2'ira.. _-•iini_rSt --a r _. ..s«.._. Lu_„ _..:.^aaas-._r ;',m-._?_:..3t• �{�€''£a tq,s +F3a'�___:_;x}=�__,•_;4u-r.!:• .ka:.Ri•'99!},_i:::r •. ': .,,k,s. �. xc.. ..3 i? T ar � -.F eTrau to awiv„fr, -niaa^�,'riiw—rye ::i. •:..i?::=•_ _j j"� - �-c• ':•#as f— a.[ f -i F:iu'�i'is'nr`,iui:ri•'�'-" a,aa: _.s�eLL-s!RBe�...zx..:rs:::?!a:iu:;;.r. ...�_{!,�i:a.. ..i».:'�� ^3:s'5:.:::._: ri[+•! ,�•ai'!a•� '£r! �• -��' 3- ?;?R�°,ie ¢;rF.::::}_n,r_,,� y}:u......�•;�}} ..��+n �,':R�'�kk�.R� r '3"'�i�.H. us-• ..L .p F F}}±} .:4c .,s m yl:dihm!la.-g € Il ski mm�:aSEur rRi{h�5 � Fx w:x na®nwma {mum': n::{}a ., . a± z IrknaaFili aiFa.+9 a i �F { r�' i t mu 42. !' �{ `!,f"Ia4l1 �`f 'i°ice !r_._ _ aY P Lease : National P'•. • • ATC Mack Golden Gate National RecreationArea ti DESK RIPTION w �4"R!�'A 0,01 ,ACRE.s± + 1>rti A � � rf t �'4,�'^� +.J rye � �'�•",.}' C'Ly'� `' •' ��� S u ble,as-e- Ground Radi© `-� Space ToYYer. rr} / � .. Subleased + Shelter r S.J � r - Space f rS, f F. t J� Y I) i is I� it N NPS Radio Site Subleased Space 0 20 W Back Mountain = P Feet 5 EXHIBIT C Prime Lease with MPROSD 8/26/2009 C CAjj0 U L"OE AND ACCESS THIS LEASE is made and entered into this 12th day of Ajugu. t: 200—by and between WDPENINSULA REGIONAL OPEN SPACE DISTRICT,a California special district, ,� called 1N hereinafter COMPANY, C, d t' C EQUIPMENT , 'ct an .&called"District" Q "Lessee." Jid)�CITALS WHEREAS,District and Lessee have established a communications facilities site on Black Mountain in the City of Palo Alto and on the Rancho San Antonio Open Space Preserve;and WEIEREAS,District and Lessee desire to enter into anew Leese for the continued operation of said communications site by Lessee; NOW THEREFOR E,District mid Lessee ee e: 1) PLen ses.District hereby leases that certain parcel of land shown on Exhibit A attached hereto and incorporated herein.("Premises")to Lessee,and Lessee hereby leases the Premises from District. 2) imn� a) Initial arru. The term of this Lease shall commence on September 1,2009,and shall expire ten(10)years thereafter,unless sooner terminated in accordance with the provisions hereof~or unless extended pursuant to an option to extend the Lease term expressly granted herein. District hereby is to Lessee options("Option")to extend b) Options to Ext$nd 7Cerur. Dis y grasr ptr and one 1 additional rind often 10 ears ( ) o e 1 addr ) e for each f on ( Y doe term of this Leas ( ) period additional period of f ve(5)years,each upon expiration of the proceeding term so that the maximum torm of this Lease,including the initial ten years of this Lease,shalt be for a total of twenty-five(25)years Each of said options to extend the term hereof shall be exercised by Lessee,if at all,by Lessee's delivery ofnotice of exercise of such option to District at least three(3)months,but not more than nine(9)months,prior to expiration of the Lease term(as extended,if at all,from time to time),Each of said extension periods shall be on all the provisions contained in this Lease,except for the rent,which shall be adjusted as provided for below.Notwithstanding the foregoing,if Lessee is in default hereunder on the date of delivery of any option notice required to be given in order to exercise an option,said Option notice shall be t0Wly ineffective,or if Lessee is in default on the date the extended term referred to in any such Option notice is to cotrnrrenee,such extended terra shall not commence and this Leas shall expire at the end of die term during which such Option notice is given.Lessee shall not be entitled to exercise any of the Options to extend following the first Option to extend unless each and all of the preceding Options to extend have been properly exercised in accordance herewith.In the event the term ofthis Lease shall'for any reason expire or terminate,an 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.Tire Option to extend granted by District to Lessee tn-o personal to Lessee and shall not be exercised by or assigned,voluntarily or involuntarily,to anyone other than Lessee. Any assignment of one or more of said Option to extend without T.istrices prior written consent shall be void,After Lessees exercise of any one or more of said Option to extend,all references 81512009;11:32:47 AM Page 1 in this Lease to the term shall be considered to mean the term as extended,End all references to expiration or termination of the term of this Lease shall be considered to mean the expiration or termination of the term as extended. c) 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 odder District purposes,the lease shall thereby be terminated'Accordingly,notwithstanding anything to the contrary herein contained, District shall be entitled to terminate this Lease at any time during the tern hereof pursuant to said Section 5563,provided only that District delivers to Lessee written notice of such termination at least twenty-four(24)months prior to the date on which such termination shall become effective. may terminate Lease upon at least twelve(12)months written notice to District. 3} Ream. Page 2 815l2009;11.32:47 AM II 4) Taxes..Lessee shall pay any and all possessory truces levied against the Premises and/or the improvements during the Lasso tem.Lessee shall pay such taxes at least tau(10)days Prior 815/2009;11.32:47 AM Page 3 to delinquency thereof and shall promptly thereafter deliver to District written receipts or other reasonable evidence of the payment thereof a.) The Premises may be used for purposes of installing,operating and maintaining equipment for transmission and reception ofelectromagnetic and:other communications signals, and for all lawful uses incidental thareto,and for no other purpose without District's prior written consent.Lessee shall not use the Premises or permit anything to be done in or about the Premises which will in any way conflict with any statute,ordinance, rule,regulation,or other statement of lawful governmental authority now in force or which may hereail ar be promulgated(collectively"Regulations"),and shall at its own expense abide by and comply with any and all such Regulations regulating the use of the Premises.Such Regulations shall be deemed to include the then current"Regulations for Use of Midpeninsula Regional Open Space District Land"and"Item No.3 of the Midpeninsula Regional Open Space District Basic Policy"incorporated herein by this reference. b) Notwithstanding the foregoing District reserves the right to enter on the Premises and to use the same in any manner District shall desire,including without limitation for purposes of constructing,installing,operating,maintaining,mpairing,replacing,altering, and moving pipelines,conduits,culverts,ducts,fences,power and communication poles and lines,and District reserves the tight to grant easements over,across,under,or upon the Premises,or for ingress and egress thereto,or for any other purpose,provided only that any such use by District and Districts granting of any such easements shall not result in any unreasonable interference with Lessee's use of the Premises. 6) Access to Premises. a) District hereby grants to Lessee a non-exclusive revocable License permitting Lessee, Lessee's authorized agents,employees,contractors,and sub-lessees to use a segment of that certain road providing access to the Promises,which segment is situated on land owned by District and is more particularly outlined in Exkjbit C attached hereto and incorporated herein by this reference(the"License Area").The License granted pursuant to this paragraph may be revoked by District at any time by delivery ofa six-month written notice to Lessee of such revocation,and shall terminate automatically without notice and without need for further documentation upon the expiration or sooner termination of the Lease terra. b) The License Area shall be used by Lessee,if at all,only for purposes of obtaining ingress to and egress from the Premises.Lessee shall exgraise its access rights pursuant to the License granted herein only in such manner as will minimize erosion or other damage to the License Area,and shall refinnin from using the same to the extent reasonably practicable when weather conditions shall render the License Area subject to greater than normal erosion or other damage.Lessee shall not permit trucks and/or other machinery or equipment weighing in excess often(10)tons to use the License Area,except during the Improvements n the Premises,or with District's prior limo of construction of Lessee's lm rovem a e s P written consent c) Lessee shall,at Lessee's sale cost and expense,repair all damage to the License Area,as well as all damage to improvements within or adjacent to the License Area designed to protect the surface of the License Area such as water drains,berms,or culverts,caused by use of the License Area b Lessee or its agents,employees,or contractors.Lessee shall Y mP 915/2003,11:32:47 AM Page 4 'a©surroundings arising from he liable for any damage to the License Area and its immediate surrour l; g e to repair the same as hereinabove-required its use thereof;ot•its repair or faulty p r q d) Lessee hereby expressly acknowledges that District does not wrnrarsat or otherwise guarantee to Lessee corstinnous access to the Premises by way of the License Area or otherwise,Notwithstanding the foregoing sentence,District shall use its best efforts to provide access to the Premises across other land owned by District,and District fa thcr represents that District has an alternate route to the Premises from Page Mill Road,in the event the License Area shall be rendered impassable due to causes beyond the reasonable control of lessee,or if District shall for any reason terminate the License herein granted, provided only that Lessee agrees to pay its pro-rata share of any and all additional expenditures incurred by District as a result thereof Any permits,licenses or easements as may be required from time to time in order to cross over lands not owned by District in order to gain access to the Premises shall be obtained by Lessee at its sole cost and expense. 7) Maintenanca and Ronan. Lessee acknowledges that it has inspected the Premises,and Lessee " s"in the condition existing accepts the Premises as i &at commencement hereof.Lessee shall, at Lessee's expense,maintain the Premises in good,safe and sanitary condition,order and repair,and shalt keep the Promises flee from trash and other debris.Lessee shall promptly remove from the Premises any vehicles,machinery,equipment or other items which Lessee from time to time no longer uses in the conduct of its business on the Premises, As modular are to Lessee a es to repaint the buildings the color as specified by buildings t3s repainted, � District staff As fencing is moved and/or replaced,dark green fencing shall be required, 8) Ej�e Clea�raace. Defensible space of at least 100 feet in width around the perimeter of the b'c Resource Code 4291 Defensible oe shell be Pu lr � bylaw } Premises is required Y maintained Tres of all low-lying brush,dry weeds,and similar flammable materials at Lessee's expense. Annual site inspections of the premises will be conducted by District staff to ensure that the defensible space is properly maintained. As needed,the District will arrange for the removal of brush,weeds,and flammable materials. The cast shall be pro- rated,based on the size,topography and flammable material in each area requiring maintonanM and overlap with other communication site Premises. Upon Completion of work,Lome will be billed for the work perforated which shall be paid to District within 30- days of billing, 9) Aharsrtons. e) Lessee shall not make or permmit to be made any alterations,additions or improvements ("alterations")to or of the Premises or any part thereof without the prior written consent of District,which consent shall not be unreasonably withheld and provided that Lessee shall have the right to make any alterations,additions or improvements to the interior of the Improvements and/or the antenna systems without securing District's prior approval. b) District shall be entitled to review and accept or reject the design of all alterations which Lessee may desire to snake to the Premises.Prior to commencing construction or installation of any alteration the design of which District determincs is acceptable,Lessee shall deliver to District detailed plans and specifications for such construction or installation and obtain District's consent thereto,which consent shall not unreasonably be withheld. $15/2009;11:32:47 AM Page 5 c) Ali constriction or installation work performed,by Lessee or caused to be performed by Lessee in,on or about the Premises shall comply in all respects to all applicable statutes, ordinances,building codes,rules and regulations,including but not limited to file,safety, and construction standards of lawful governmental authority,and shall ferthermolt comply with Districts open space rise and management guidelines then in effect d) Any consent given by District pursuant to this Paragraph shall not constitute h-aplied consent to any subsequent alteration upon or to the Premises,but shall apply only to those items or matters for-which consent was expressly requested. e) Lessee shall notify District at least ten(10)days in advance of any construction on the Premises,and District shalt be entitled to post on the Premises notices of non responsibility in favor of District prior to commencement of any such construction., 10} fens.Lessee shall keep the Premises free from any liens arising out of any work performed, materials furnished or obligations incurred by Lessee. 1 l)L'tili es.Lessee shall pay directly to the charging authority promptly as the same become due all bills for any aad all services and utilities supplied to the Premises,including but not limited to telephone,water,gas,electricity and garbage removal.. 12)Waiver of Claims and Indemnification.Lessee waives all claims against District fbr loss of business or far 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 License Area,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 Perrnittees,hereby indemnifies Distract and hokls District exempt and harmless from and against any damage to property or Injury or death to persons arising from the use by Lessee or its Pormittees of the Premises,or the License Area,or from the failure of Lessee to keep the hr.mises,the License Area or the required defensible space in good and safe condition as herein provided,District shall not be liable to Lessee or its P mrrrittees 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 $ all damage a to the Premises and surrounding areas caused by its Perm ittees,invitees, licensees,agents,contractors,and employees, a Lessee,at Lessee's sole wt ngse,sbull obtain and k in force during the term of this > pe � s Lease a commercial general liability insurance policy with an insurance company satisfactory to District,protecting;District and Lessee against any and all liability arising from Lessee's use of the Premises,or the License Area,or from any occurrence in,on, about,or related to the Premises,or the License Area with a single combined property damage and personal injury limit of One Whon Dollars($I,000,000).All such public liability insurance shall insure performance by Lessee of the indemnity provisions hereof, and the policy shall contain a crass-liability endorsement.Lessee agrees to furnish a certificate of such insurance to District narning District as an additional insured on or prior to the commencement hereof;and again upon any renewal or modification of such insurance. No such policy of insurance shall be cancelable or subject to reduction of coverage or other modification except after thirty(30)days prior written notice to District.The limits of said insurance shall in no event be deemed to limit the liability of Lessee hereunder. 8/512009;1132:47 AM Page 6 b) District sball have no obligation to insure against loss to Lessee's leasehold improvements,frxtures,machinery,equipment,or other personal property in or about the Premises occurring from any cause whatsoever,and Lessee shall have no interest in the proceeds of any insurance carried by District. 14) lessee shall not assign this Lease or any interest therein,without the prior written consent of District,which consent shall not be unreasonably withheld. Consent by District to one assignment shall not be deemed to be consent to any subsequent assignment.An assignment without the prior written consent of District,or any assigmuent or �o of District,Terminate this ' n of lfiw,shall be void and shall.at the option +�, subletting by operation ve is Co portio ns ofth the Improvements'n use of o 1� f U business o g p Lease.Lessee is engaged in the >l� other persons,firms,corporations,or entities.In order that Lessee's business purposes may be efficiently and expedition*achieved,Lessee shall have the right to rout or sublet any portion of the Improvements at any time in accordance with Lessee's previously established business practice.Any rental or sublease may be reviewed at any time by the District in accord herewith, District may,for good cause drown,request that a rental or sublease be terminated;in such case,Lessee agrees to take necessary action to terminate such rental or sublease agreemient.District agrees that no such request for termination will be unreasonably made.Lessee shall not,during the term of this Lease,encumber its interest in the Premises by 'see as irlstrhirri eat Or otherwi se us®the Premm or deed of trust or other security , mortgage wines s of Lessee ' for any indebtedness uri sec Y IS}� a) The occurrame of any of the following shall constitute a material default and breach of this Lease by Lessee: (i) The abandonment of the Premises by Lessee;or (ii) A failure by Lessee to observe and perform any provision of this Lease to be observed or performed by Lessee. b In the event of an such default by Lessee,and in addition to any other remedies available to District at law or in equity,this Leases and all rights of the Lessee hereunder shall be terminated upon delivery by District ofnotice of such termination to Lessee Upon such teiniination,.District may recover from Lessee all amounts to which istrict may be entitled pursuant to Secticit 1951.2 of tho California Civil Code,or any successor statute hereinafter enacted,including but not limited to(i)the worth at the time of award e term after the time of award eun unpaid gent far the balanc e of th of the amount by which the exceeds the amount of such rental loss for the same period that Lessee proves could be reasonably avoided,discounting such amount at the discount sate of the Federal Reserve Bank of5an Francisco at the time of award plus one percent(1%),and further including (ii)any other amount necessary to compensate District for all the detriment proxisnately caused by Lessee's failure to perform Lessee's obligations under this Lease or which in the ordinary course of things would be likely to result therefrom,including but not limited to all expenses incurred by District in connection with demolishin Property r; Wcs on the promises and removing tho debris therefrom,anal removing any by Lessee on the Premises. c) In addition to the remedies provided above,in the event Lessee shall fail to perform my obligation to be performed by Lessee under this Lease,or shall fail to pay any sum required to be paid by Lessee under this Lease,District may,but shall not be obligated to do so,perform or pay the same or cause the same to be performed or paid,and Lessee Page 7 8151zoo9;11:32:47 AM shall promptly upon demand by District therefore,reimburse to District.all costs reasonably incurred by District in connection therewith,together with interest an such sums at the lower of fifteen percent(I 59Y.)per antrum or the highest rate then permitted by law from the date incurred by District until repaid in fall by Lessee. 16)Entry by District.In addition to such rights to use the Premises as are reserved by District in Paragraph 6(h),District shall,at any and all reasonable times have the right to enter onto the Premises to inspect the same,to exhibit the Promises to prospective purchasers or Lessees,to post notices of non-responsibility, onsibility,and to alter,improve or repair the Promises,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 Promises occasioned thereby. 17)Waiver The waiver by District ofany breach of any term,covenant,or condition herein contained shall not be deemed to be a waiver of such term,covenant,or condition or any subsequent branch of the same or arry other term,covenant, or condition hereof.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. 18)Surrender of Prorm—ses. a) At the expiration of this Lease,Lessee shall upon District's prior written consent remove all Improvements,including fixt:ures,equipment,furnishings and furniture,regardless of whether such items are affixed to the Promises,except for District owned equipment or improvements,and provided that any damage to the Premises occasioned thereby is promptly repaired by Lessee at Lessee's sole cost and expense(unless District expressly waives the need for such repairs). b) Should Lessee terminate the Lease prior to the twentieth year hereA Lessee shall leave any Improvements identified by District including fixtures,equipment,furnishings and furniture,regardless of whether such items are affixed to the Premises,for the use and ownership of District. Parties shall negotiate in good faith to determine the Fair Market Value(FMV)of such Improvements by obtaining a joint appraisal of'such Improvements from a qualified appraiser. District may purchase said Improvements for such FMV. Should District elect not to purchase any such Improvements,Section 18(a)above shall apply- c) 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 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. 19)Holding Over.Any holding over after the expiration of the tern-4 with the consent of District, shall be construed to be a tenancy from month to month on the same terms and conditions specified herein so for as applicable, 20)Indemnification M&ation for Frequengy Interference Q_1MUw_.Lessee agrees to indemnify District,hold District harmless and defend District from and against any and all claim demands,or notions arising from claims of other Lessees of the District of frequency interference caused 81512009;1 1:32A7 AM Page 8 by Lessee. The parties acknowledge that the Federal Communications Commission(FCC) has exclusive jurisdiction over disputes regarding firquency interference. 21)Itnmro%MWtS- a) Existing Improvements and proposed improvements are shown in Exhibit D.Existing improvements include the following:(i)'Two(2)modular buildings, I Vx22';(ii) 120' tower and,foundation;(iii)a 45 kilowatt generator;(iv)Ono(1)modular building, 6'xl0' I.fD_;and(v)a perimeter fence. Lessee may construct such othet improvements within the Lease Premises as District shall authorizes in willing. b) Consttuctian of Irnnrovehnerits At any time and from time to time during the terra, Lessee may,but is not obligated to,construct or otherwise make new Improvements on any part of all of file Premises and to add to any existing Improvements in whole or in part,and to modify or change the contour or grade,at both,of the land,provided Lessee is not then in default under any condition or provision of this Lease. Before any major work of construction,alteration,or repair is commenced on the Premises,Lessee shall apply for and obtain all necessary permits for the construction of Lessee's proposed Improvements,from the County of santa Clara and/or City of Palo Alto,after first obtaining written approval from District,which approval shall not be unreasonably withheld.Lessee shall give District written notice immediately prior to the actual commencement of construction.District shall have the right to post and maintain such notices as may be necessary or advisable to protect Districts interest from mechanics'or memerialmen's liens or other liens of similar nature.Lessee covenants that it will cause to be included in all contracts for construction of ally kind or nature relating- to the Premises a provision stating that District is not responsible or liable in any respect for the obligations incurred under such contracts The entire cost and expense of the construction of any Improvements on the Premises,including plans and permits and all on site: Improvements shall be borne by and paid solely by Lessee.Upon commencement of construction,Lessee shall proceed with due diligence to the completion ofthe Improvements and shall use best efforts to completer the same without unreasonable delay. Lessee shall file a Notice of Completion upon the completion of the Improvements_ c} Tine to the Improvements Title to all improvements now existing and/or constructed by or for Losses shall be vested in and remain in I-asses.Lessee's tcac3e fixtures,equipment and Improvetxients shall remairh the.property Of the Lessee sad Lessee may remove the same at ire end of the term,or sooner tetxrtistation of tfie term of this Lease.Upoht written nest from Lessee,Districk shall execute and deliver arty instrument that may be req ivas r and/or lender whereby District wa ' want su tier vendor,lessO required by any equrp PP and/or releases any rights it may have or acquire with respect to any equipment or try or an sublessee way affix to the Premises and agreeing that the same do es Lessee �' fixtures y not constitute realty, 22}tJse ofL essee/fi I rcrveme+ t �istriet,District shall have the light to place its own PAO equipment within Lessee's Improvements at no rental charge.District will enter into a Lessee Site License agreement with Lessee.Should District desire to install any additional additional ace at b ease adds Dist rict m sub lease space aY or improvements, equipment on the Precrrnrs� Lessee's normal and customary fees,charges and runt,provided that additional space is available and that such additional use causes no interference t i identified in Exhibit B ct placement are those components P subject to rent free,p equipment attached hereto and incorporated herein. Page 9 $/5/2009;21:32.47 AM 23)Limitations on Lessee's kigh le User Lessees, —t to Solicit Existing 5ing a) The term"single user Lessee"is limited to,and includes Stanford Educational Television and the Federal Aviation Administration(FAA), These Lessees have facilities on District's lands for their sole use and do not lease,rent to license their facilities to others. b) Lessee is a"multi-user Lessee",in that it intends to sublet and license others to use Lessee's communication facilities,now existing or to be built,on District'., land. District has other"multi-user Lessees"on District land and Lessee may solicit and sublease to any sub-Lossee,of any other multi-user Lessee on District land. c) Lease*shall not solicit or seek to relocate to Leqsce*s facility any of the present,existing uses of any of the single user Lessees listed above. Lessee shall have the right to relocate any of the single user Lessees antontize to Lessee's tower to solve PM interference problems. 24)Ngtiggs. 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 Glass mail,certified or return receipt requested,postage prepaid, and addre-ssed to the parties as follows: District: Real Property Manager Nfidponinsula Regional Open Space District 330 Diztel Circle Los Altos,CA 94022 (650)691-1200(telephone) (650)691�0485 (f=) Lessee:President C&C Equipment Company,Inc P.O, Box 1138 Eastsound,WA 98245 (360)376-21.50(telephone) (360)376-2151(hx) or to such other address as either party may have ibmished to the other as a place for the service of notice.Any notice so served by mail shall be deemed to have been delivered Once(3)days after the date posted, 25)Genckal. a) This Lease contains all of the terms,covenants,KW 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 assigrunent,shall inure to the benefit ofand bind the heirs,successors,executor., administrators,sub-lessees,and assigns of the parties. c) When the context of this Lease requires,the masculine gender includes the feminine,a corporation,or a partnership,and the singular number includes 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, 815/2009;11:32:47 AM Page 10 a) This Lease shad be governed and construed in accordance with the taws of the State of California with venue in the County ofSanta Clara. f) Tune is of the essence as to all of the provisions of this Lease as to which time of performance is a factor- Pap 11 i i 315noo9,l 1:32:47 AM IN W"TNESS WHEEREGF,the parties hereto execute this,Lease. KDPENTNSULA REGIONAL OPEN SPACE LESSEE DISTRICT C&C EQTAPMENT COMPANY,INC Pre dent,Board of Oirec(m /f Title: Date: 1.49 Attest: Anna Jatazal. Distrnot Clem Approved as to fann: Susan M. Schectman,Geseial Counsel 8/5l2009;I1,32:47 AM Page 12 ::,£;:,._._ :._->_..-. '_.__ =�=-•-�='_a. =_. .=�.s ...__..____ :..S.i.:r..4':ikeigy'� :vx£:Eivv£:.�_:m!,',•-x'�_••-__ x=_i--•':- .-_'•.�'•.. cad x_._. -ss _ _ �-a-� ..., -:rx��•= f!�:t:�»:ei9$iyeii'niui',iu_. erY r=-��x:,ns,•_- .:,n•_� :- __ '__�_•r_ 3is':sSe:�� u:i:i:ii:�i'1 .'e:,,yyi —-��'-_--' _ _ - ::__ .=�_:: _..._ � ram_ _ ___3.!y::F£: £��� `::;�;-Ls z-�•.x-.:: ..rs�_ � _ _.__: :,•".. ___�� ___..-. A£... .... .. �_ _-_'?.� ;'^3`:!?t�q:' '.L'y'34: i�a;i?E3?ifiii=iris 'Y°r�:ld!!'$R3�.d7 GJ :� r :_ ,. W 3�_: _ _ -=• ay$y n�-�z �a :;:,a t';i;� : i'' ;?;j� £:;n;iy;;Ems' -_ �t .,` __=s._ sa _ _ •.--.:. i.,. ,�,--..._..._ __ 'Y. !;� '..a�ei_.`�v_uu;!luynu„r�x: �L /� :m.. .. •�. �._s.:-_i---_...._.__.� �$ia�"eiiw'st�i;2�idF'-.'�:.::f-.,. �:ciEa.-s,nh-ri£a:i'r:i i I,: ui• �=--i -. as _-__--_�a'7-'-'.=7n _ - $�7:'--u_j_ ••, a i GJ '"• -'. _ter=�r�:::x,:.-::_�_. :__=.._ -- `�- _ _ _-__- ����,•_$:.'-= �__.._!�-'_:- We) ...- a ....i::�-ii::. r� sa v,saa=•rv::9a-r...__,-__..,,-' sxm•r�"-=?x - s..Fv_i l: i{E`5:{i 'i:!itug;?err__:'£- ss.;sa ,�. _ '- ral. •:::va.-„_ ::amid:m -`z = _ _ ____- ___ _ _--_ ___ Q. iS' -+• .__:_...:-.. --. xr.__ •-L __ i_cF I -!�,, - .r -�_'. - •• -'.�� _??+ ..:a;;,,°f._ �e;eiiiu'i:.• `;yi -_- -.TS:',eisg?_m�,-!ir $ yid. _...�_ _- •- � i..a' ,t#� __ __ _ ____ (,� ?rss'-�4z�._i-_- _:'y�'ue �` _ 1 -. .i ::!,x}p rs..vF �- __ __ ___ `•,i-i6-:_-a.�.�s, anPiEesn - �S �£ : 3v �.. .'• ,.^*�•_ _';•rxa _... .. •..�x�! _ _ :u ,Fv. _ ''. .•��-zT--_-:�C�—�:sr,��"xm,_+i:xL..�: .0 • _: _ •. � �:_.: ..... .::::._. -°'�,>.tom: -:� __ ----- =-�:� �: •-ate �_ _u C '••�- ..�.�_. ...._ �- �- _='s, _ =-sue_�'_�=-=-a F✓ _ MOP WON '.fie-�'•.L�-�,;� -,' :ram �,I:?'.� .F;£s!i Si�FEjiEFFH£i? Fi. w.r 5'•�-a••: -�;�r: __=•a.:,,,nnL>...,n:....._. :� �•�::-: £. ..::�ri;i;�-`''y' a �ii .n,�nyn.,i£• zs� �' isi�#;i ,::r:_F � �-;�_���_:�_"��-:.- -�• ;ys :.,, fit' Io.t,3,�i� �� .a• . � a a y x••,z:•.. ���'--_: �_ � ,iy�Eq$36, y;•£i�lc3 ?�@... .41i,s a a,- yat'�im; v=- !315 �:_:_- :� �n::,!�-�.�s £ ::::_•:::-,.:.=="�•--•--�`'-�`'-''•�_:•:�a ;� � £•� ,a,,{ 33 .£yr:• ,ff - - -_ !;,.,n-<n• i� R s aye i F =?y,.�....v. .,..i.:r"',,,•3e�siFd!£a�:*:::�:rx::x•:=::•::-::•3::n..�:::a.'.�.'tiis:IjiI F -! '$: ,Lt it! 3'r,3i,nv::v:n::F:h,'•?:,5! n�hn:•_�uF:u?ra:I�F�'*'di'.. i_.i'---T' rr.�sc•_._ d � rieEiei£.....iiii s ii•' _ .?!•• .___. ..�=•...._ -.�_._' "� �iya:i:,y!:,uhie!:. .�i?iii... �£ .£�.',�,q•.';a! > 'e�y:-- v - •vvii .-..._a��-'e':..i' �'4,.. •,in!�:=L==.: _ r SFN3,� - , - -Ci C 1 x.=_ _ _.... 's xR.ice.:.::._........ �L...£ ........ LT ._.�•' •,::'+n.�'•�!'�j'i. , - ��:0 _ � i..=_•- =_ssr��':-�-;c:,3F�_�Fe£':'�''h;':...r i.:�+.�`:`':.�:eo'��ms�E: ::..K... 'F-i x_ ...._...._......... _.v.._....._-- ._z.._C sa._.. �:r_•,:::xrx•uya;m?i:,•er,i•�i;iln::�= £�38¢B:Eai�L• i:£B$q�:.'. F.' -£..-�, �'$. s�,i, U _..__. :_ ..=`: _�_•:. Z=Ear .-i:-:.s:v�:��_ !� !a� _ cEE1i ii$ 8 y_ .uLssi c::-�-ec- .:�-�q�.'_. ._�'s�-_�y_m a 3�H';Cy!!_3F;1•a.,� ?'i�iL?i�:i u':i3: h��:k-;:ca £q•i"F �3 r t I ..-.._ �.:�•-_._ -•-.__. --- '"-m ti:v:Fs-rm- 3,,;ir:- =.;iiL'iF..ii�i.'}'•.iiiii ma�yy) iy:.z4 _ -__�v.- _s_ •_-_'-'___ _ _ . wCj !7�' - -�'- �s-`-_�_�_. a-evi5p +3-fin -, i'Fy3y,°.i�+ ••-Fy' i.L� ,1' $,^aE4, � Y'�$L h �r'�.i�x '� �- i• _g i 4 WEE iE aK rii3,diifq£je; ,z,F! Pii t}.zm e{u $ii '!. F ••i .._ H t' i. .! $cam=- _�•�-ei:ie_._......_._.._.a_Fa:'�'_C�'r'=�!e?iiie3:_ 4 n 'N•'a.». ;:�•'•;' a-.. _ _._...__ ':,,, _.__..yea,., m„r>z,}+ ::ny,nn::::!,y:i:�i:F;ry!�::.F: _�».,.'•,.,.0 ...._._ ■'SS.:nn. -T-�-�eObi.�9�a•-FN"""la�i",>n>�!„Iirn:,aaupL.y:y!£Fi:iT.41;G ��—'.'�......-. .•.•�-. s - EXHIBIT D GSA 3517A General Clauses GSA 3518A Representations and Certifications M6/2oD9 / / ' ^ i | � ! � GSA Form 3517B / GENERAL CLAUSES (SImplMed Leases) � (Acquisition of LeasehcId Interests in Real Property for Leases Up to$100,000 Net Annual Rent) � | 1 The Government reserves the right, m any time after the lease is signed andduring the term ofthe . lease, to Inspect the leased premises and aU other areas of the building to which a0000a Is � necessary to ensure u safe and healthy work environment for the Government tenants and the � Lessor's performance under this lease. / | � ! Z. If the building is partially destroyed or damaged by Ue or other casualty so that the leased | space is un0anantable as determined by the Government, the Government may terminate the lease ' i vprn15oa|endordmyswd#ennoUoe\otheLeaoorandnohurtherrenta|vW|| bedua. 3. The Lessor shall maintain the demised premises, including the building, building yst m d all equipment, fixtures, and appurtenances furnished by the Lessor under this lease, in good repair and / tenantable condition. Upon request of the Contracting Officer, the Lessor shall provide written � documentation that building systems have been maintained,tested, and are operational. 4., |n the event the Lessor falls to perform any service, to provide any item meet anyrequirement of this /euxe. the Government may perform the aewioe, pmgUo the |tem, or meet the naqunsment, either directly orthrough a contract. The Government may deduct any costs incurred for the service or item, including administrative costs,from the rental payments. � � o. 52.252-2—CLAUSES INCORPORATED BY REFERENCE(VAR|ATIDN)(SEP20O1) This contract incorporates one or more clauses by reference, with the same force and effect uyif they were given in/b|| text, Upon naquoat. the Contracting Officer will make the full text available or the full text may be found on the Internet as GSA Form 3517A (Full Text) at hMp,/www.gsa.gowPorta|/ofedngJop?0D=113404 O. The following clauses are incorporated byreference: GSAR552-2O3-5 COVENANT AGAINST CONTINGENT FEES(FEB 1990) ' (Applicable to leases over$1OO'OOO.) GSAR552-203-70 PRICE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (GEP1998) (Applicable to leases over$1OO.O0O.) � FAR 52209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN � SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, � OR PROPOSED FOR DEBARMENT(JUL 1995) (Applicable bu leases over$25.UOD.) FAR52219-9 SMALL BUSINESS SUBCONTRACTING PLAN(OCT2OOU) � (Applicable to leases over$5OO.0OOj � � FAR5221S48 LIQUIDATED DAMAGES'SUBCONTRACTING PLAN(OCT20OO) (Applicable\n leases over$§OO.00U.) GSAR552.219-72 PREPARATION,SUBMISSION,AND NEGOTIATION OF SUBCONTRACTING PLANS(SEP 1999) ' solicitation requires submission ofthe subcontracting plan with Initial offers.) GSAR552.219-73 GOALS FOR SUBCONTRACTING PLAN Vo leases over$5OU.UOoV solicitation does not require � submission of the subcontracting plan with initial offons.) � INITIALS: a '���e GOvERwwswr GSA FORM 351m PAGE I(REvmm) FAR 52.222-26 EQUAL OPPORTUNITY(FES 1999) (Applicable to leases over$10,000.) FAR 52.222-21 PROHIBITION OF SEGREGATED FACILITIES(FEB 1999) (Applicable to leases over$10,000.) FAR 52.222-35 AFFIRMATIVE ACTION FOR DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA'(APR 1998) (Applicable to leases over$10,000.) FAR 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES(JUN 1998) (Applicable to leases over$10,000.) FAR 52.222-37 EMPLOYMENT REPORTS ON DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA(JAN 1999) (Applicable to leases over$10,000.) FAR 52.232-23 ASSIGNMENT OF CLAIMS(JAN 1986) (Applicable to leases over$2,500,) GSAR 552.232-75 PROMPT PAYMENT(SEP 1999) GSAR 552.232-76 ELECTRONIC FUNDS TRANSFER PAYMENT(MAR 2000) FAR 52.233-1 DISPUTES (DEC 1998) FAR 52.215-10 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA (OCT 1997 (Applicable when cost or pricing data are required for work or services exceeding$500,000.) FAR 52.215-12 SUBCONTRACTOR COST OR PRICING DATA(OCT 1997) (Applicable when the clause at FAR 52,215-10 is applicable.) The information collection requirements contained In this sollcitatl o n/con tract, that are o regulation, have been ae not required by appro ved b the PP Office Y of Management ment n Reduction Act and assigned the OMB Control No.3090-0 and Budget pursuant to the Paperwork 163. , ,� a IN171ALS: I S R 00VRNMENT GSA FORM 3517A RAGE 2(REV 9101) REPRESENTATIONS AND CERTIFICATIONS(Short Form) Solicitation Number Dated (Simplified Ac quisition uisition of Leasehold Interests in Real Property Y for Leases Up to$100,000 Annual Rent Complete appropriate boxes, sign the form, and attach to offer. The Offeror makes the following Representations and Certifications. NOTE:. The Offeror, as used on this form, is the owner of the property offered, not an individual or agent representing the owner. 1. SMALL BUSINESS REPRESENTATION(JAN 2007) (a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 531190. (2) The small business size standard is $19.0 Million in annual average gross revenue of the concern for the last 3 fiscal years. 3( ) The small business size standard for a concern which submits an offer in Its own na me, me other than on a construction or service contractbut which proposes to furnish pr oduct r duce t P p which it did not Itself manufacture, s t e, i500 employees. (b) Representations. (1) The Offeror represents as part of its offer that it [ ] is, [ ] is not a small business concern. (2) [Complete only if the Offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The Offeror represents, for general statistical purposes, that it[ ] is, [ ]is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. (3) [Compie€e only if the Offeror represented itself as a small business concern in paragraph(b)(1)of this provision.]The Offeror represents as part of Its offer that it[ ]is, [ ]is not a women-owned small business concern. (4) [Complete only if the Offeror represented itself as a small business concern in paragraph (b)(1)of this provision.]The Offeror represents as part of its offer that It[ ]is, [ ] is not a veteran-owned small business concern. (5) [Complete only If the Offerer represented itself as a veteran-owned small business concern in paragraph (b)(4).of this provision.] The Offeror represents as part of Its offer that it[ ]Is, [ ] is not a service-disabled veteran-owned small business concern. (6) [Complpta only if the Offeror represented itself as a small business concern in paragraph(b)(1)of this provision.]The Offeror represents, as part of its offer,that— (1) It[ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and (ii) It[ ] Is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 126,and the representation in paragraph(b)(6)(1)of this provision is accurate far the HUBZone small business concern or concerns that are participating in the joint venture. [The Offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture: ] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation. HTIALS: _ & -J LESS R GOVERNMENT GSA FORM 3518A PAGE 1(REV 1/07) ' 2. 52.222-22-PREVIOUS CONTRACTS AND COMPLIANCE REPORTS(FESi999) (Applicable tu leases over 810,00Oj The Offeror represents that— (a) It [ ] haa^ [ ] has not participated in e previous contract or subcontract ac subject either to the Equal Opportunity clause of this solicitation; (b) |t[ I has, [ ] has not filed all required compliance reports; and �) indicating submission of required �( signed ~` p"ovu= u subcontractors, will be obtained before au�con au --- '~~~^~ / Cunmo| Number 121�0O72.) tract owmnz»' (Approved by OMB under u' 52'222-25'AFFIRMATIVE ACTION COMPLIANCE(APR 1904) � (Applicable to |eeoea over $10.000 and which include the o|ouea at FAR 52222�� Equal wppo�unityj ' . quo The bffemrrepresents that_ (a) It [ } has developed and has onfile, [ ] has not developed and does not have on file, t each establishment affirmative moUon a required by the rules and regulations of the a � uenre�ryof Labor(41 CFRGO-1ond60- or (b) It [ I has not previously had contracts subject to the written affirmative action programs .~q°,e ..=..` of the rules and regulations of the Secretary of Lobor. (Approved by [)KJB under Control Number 1215-0D72.) 4. 52.203-11 - CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2005) (Applicable to leases over$1OO`UOO.) (u) The definitions and prohibitions contained in the clause, at FAR 52'203-12' Limitation o» onPaymontoto |nfluenceCertainFedera| Tnsmaoct|ons Included inthis solicitation, are hereby incorporated by reference in paragraph (b)of this certification. � (b) The Offeror, by signing its offer, hereby certifies to the best of his or her knowledge d � beUefthatono,uf�rDem�mber28' 1SOS' Qoa» � (1) No Federal appropriated funds � influencing or have been '~= or =ill" be person for emp oyee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of a contract; (2) If any funds other than Federal appropriated fbnd (including � - ~~,..e~ Federal "=/mucwvx) have been m N be paid. influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of """y.==s on his or her behalf in connection with this solicitation, the Offeror shallcom and --bm'° ~'^' Its ""=' OMB fonnLLL, Disclosure of Lobbying to the Contracting Officer;and ;4 Hecv she will include the language cf this certifioationin all mutcontrac ovmodoatany tier and �e that U &anb§ of subcontract awards in 1O0O0O mh || oe��yand d|udosoaccordingly, ^ � ' � � (c) `Submission of this certification and disclosure is o prerequisite fo making or entering into 'this contract imposed by section /352. uue 31 United States makes on expenditure prohibited under this provision n �� or who tsUa to file or amend the disclosure � eo � nn to befUod'or amended by this provision, shall be m� � to e civil penalty of n form u/nn $1u.uuu` andnotmoredhanS10O.0OO.foreachouohfaUun� not less � |wnmLo 8, GuvE*wwswr GSA FORM 351ux PAGE o(REV m07> � � � � 5. 52.2D4'3'TAXPAYER IDENTIFICATION (OCT 1098) — ~(a) Definitions. � "Common " used i � �� enU� �ek ��a m � � provision, . � controls an affiliated group of corporations that files its Federal income tax returns one consolidated basis,and of which the Offeror iaemember. "Taxpayer Identification Number (FIN)," as used in this means the number required by the Internal Revenue Service(IRS)to be used by the Offeror in reportingincome tax and other returns. The TIN may be either a Social Security Number or on Employer Identification Number, � (b) All Offerors must submit the information required in hs (d) through Ul of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR)4.,904,the failure or refusal by the Offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the,contract. � (o) The TIN may be used by the Government to od|eot and report on any delinquent amounts arising out of the Ofenor'o relationship with the Government (81 U.S.C. 7701(u)(30. If the resulting contract is subject to the payment reporting requirements described in FAR 4.904. the TIN provided hereunder may be matched with IRS records to verify the euounscy of the Oferor'oT!N. (d) Taxpayer Identification Number(77N]. TIN has been applied for. . TIN =not required because: [ } Offeror is a nonresidentalien,foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; � [ ] Offeror�san agency or instrumentality ofaforeign � [ Y Ofern|emn agency orins�umen�|�yof�aFede�/|govo,nr"�nt (e) Type oforganization, �� 8m�n Partnership; [ Foreign government; � ]��Corpore�an��(n���x-exempU; [ ] International organization per 26 CFR1.6O4S- � �' [ ]Corponate entity(tax-exempt); [ ] Other � U1 Common Parent. { ] Offeror is not owned or controlled by common parent as defined in paragraph (o) of � this provision. [ ] Name and TIN of common parent: Name TIN 6. 52.2O4-6—Data Universal Numbering System(DUNS) Nmmber(OCT 3O03) (a) The Offeror shall enter, in the block Wth its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS+4" followed by the DUNS number or "DUNS+4" that identifies the Offeror's name and address exactly as stated in the offer, The DUNS number is a nine-digit number assigned by Dun and Bradstreet, Inc. The DUNS+4 is the DUNS number plus a 4-character Suffix that may be assigned at the discretion of the Offer-or to � INITIALS: a 7LE���un soveRwMswr GSA FORM omux PAGE o(REV 1/00 �� I establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT} accounts(see Subpart 32.11)for the same parent concern. (b) If the Offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. I (1) An Offeror may obtain a DUNS number— (i) if located within the United States, by calling Dun and Bradstreet at 1-866-705- 5711 or via the Internet at httD://www.dnb.com;or (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. (2) The Of*'eror should be prepared to provide the following information: (1) Company legal business name. (4) Tradestyle, doing business, or other name by which your entity is commonly recognized. Oil Company physical street address, city, state and zip code. (iv Company mailing address, city,state and zip code(if separate from physical). (v Company telephone number. (vi Date the company was started, (vii) Number of employees at your location. (viii) Chief executive officer/key manager. (ix) Line of business (industry). (x) Company Headquarters name and address (reporting relationship within your entity), 7. DUNS NUMBER(JUN 2004) Notwithstanding the above instructions, in addition to inserting the DUNS Number on the offer cover page, the Offeror shall also provide its DUNS Number as part of this submission: DUNS# 8. CENTRAL CONTRACTOR REGISTRATION (JAN 2007) The Central Contractor Registration (CCR) System is a centrally located, searchable database which assists in the development, maintenance, and provision of sources for future procurements. The Offeror must be registered in the CCR prior to lease award. The Offeror shall register via the Internet at htto annually,:/Iwww.ccr.a its registration ov. To remain active, the Offeror/Lessor is required to update or renew [ 7 Registration Active and Copy Attached [ ] Will Activate Registration and Submit Copy to the Government Prior to Award OFFEROR OR NAME,ADDRESS (INCLUDING ZIP CODE) TELEPHONE AUTHORIZED j NU MBER .�- REPRESENTATIVE NAME � �. C`������ .`��C - `/ f STREET CITY, STATE,ZIP i Sito e Date � na r � 9 INITIALS: & L 5 R GOVERNMENT N ENT GSA FORM 3518A PAGE 4(REV 1/D7) III i EXHIBIT E Schedule of Rent with Annual Escalation 8/26/2009 Exhibit E Schedule of Rent with Annual Escalation Annual Escalation is 3%per year Year Monthly Rent Year 1 $2,600.00 Year 2 $2,678.00 Year 3 $2,758.34 Year 4 $2,841.09 Year 5 $2,926.32 Year 6 $3,014.11 Year 7 $3,104.54 Year 8 $3,197.67 Year 9 $3,293.60 Year 10 $3,392.41 NPS Agreement Number: G8141100024 EXHIBIT B Site Plan-Black Mountain Radio/Communication Site I i _ _ 7 SURVEY"'ORMAJUN, 1. INS SUREY W PRP O TU DOCY"SURFACE FEVERES AND LVINQ 0 Al IK MACK NOW M RADIO SUL lHERFF1NE TIE FOCUS OF TE SURVEY WM M SURFACE FMNMSL MWADT_0MOVEMPNM NO DOWN UMAD IDUD UmDES 7. lE TUPOM"M D41A 94 M HOM E WM UPON A OOUYE I MAL FED SURVEY COUPLm ON SYTEMBER 056 2005,AND CORKS Will LMIED STATES MAP AG ft—nV&M 4 ALL IE/S9IMMB ARE N FEET AND OQMMS DERDF RTE55 OFNERIUSS NOED 3. THE BASS DF 9E ROWL AND 000031Iv2E5 FUR THS 91NET TWIE WaW URON NDR3,CALIFORNIA COD OWYE SFSTOF OF 19M DOOR � ..:3 wa•" - 7002D0.ELvuwnM5 ARE SASED ON 1MLOm. TW CDOE)SLOU AND nFSRTlO6 WIRE DEMFD LISWO OIDRVL P07UM"1FDOMUES THE ADDRO M MKM CIOR SFAGM AREA GPS DATA RS Am i[m 091f THE 01101RL GETl1EM SURVElYB M-4M YGSFD C USER SEMMGE 4. EAMF RxTs ARE 10 D NO A PREINVA"TITLE REPORT WAS NOT REVE7m AS PART M 06 SLIRC(. 7w9L is; - 5. 11E Or T6 N LSIMN OR 9VLL In"ALL RISMES FURCBNXBN.Y AND ACCURACY. DW13*IXS OR�%W1 R IF#R IROAR TO TFIE MMBON OF TIE ODNIWCFNG OFTICFA MEDVTEV BE USER OF TM 9EOTEATIDN A59-WS ALL L IEIT AID - RE gUNg IR1 FM RS PDOPER USE EWILNIFM AND INF!S1ESVJFM ACF1016 R9E1T0 FRDN 11E USE TFgEEIF. (E)TOWER.DO NOT DAMAGEuA_MUCRONAVE ANTENNA(MC) Al ag6�:GUYS FOR l P.O%.CII:MAVCE IS'-0",� " L97I BF145NLS ARE APPROXIWYE PPP 3t 2 LoranoN wn� QI NO SCALE \ - I-�CONSIRUCDON MG65 r0 SITE 5 TNROOON WILDERNESS SPACE MA MDNfF9ELM ROAD. COORUP ATE ACCESS 11011 COMRAL,TWIG OFFICER- V,�- 2. (E)TREES LMO VMCLE ACCESS-CLEARANCE 10'WIDE.1 V W-4. \? all Sn CONTROL POINT' (Ea 9URDW cOrs+ETe \ Al N 1942702.90 \ E 90925 1.47 \ PFEARDE ADEMLWE COKS'IRUCFION EL 2009.05 ! ACCESS TO WORK ARE0. \ 10'MA 1 BIDDli OPTION 4 F A00 M'�-ASS RfSAA O. �? /\ S'W D1:2'0to Dl$H O 3MOF W AOL \ ? Dr z's D191 a 3os.FT�,e0'AGt \ '\ U.5'i DISH O 97JSY.W AFT. y \ ?8T \ \ 12 133 Al:2Y WHIP ANTENNk ERASE O TOP AGL I `� \ CONTROL A2:22'WFe+ANTENNA.BASE O MID-HT ACL 6 , TDNG C9NRD! �8 C` f J N(�194I74 6'MA NEW ICE M9T.E (E) _- R�DMO MOIRARA AIDt1NTARF 9427/83S \. 2HJ693 —— — 0 4.W D Aft-ABOVE GRORO LEVEL E 5.14 \may _�q— (N)PEIIGE ARouND(N)>� EL IKL11s \- — 1 SEE DEL 5/CS.L �} 'I / m D7 A2 WTW(E)NELCMT RF_ 1r � 4 �I CONSMWTIDN LMIIS d SFAGMG AREAS(INCLUDE ON) 8R" ON) DOE F04MD AREA PLUS TEMPORARY ACCESS V / •\ REF EV. g 11.St AND ADORIONN-CDNROICTOR STAGING AFEA E 9TE To DRAM(WIN.LS) (NO FENCING PWADED OR ALUMED) APPRUR.100'TO THE SSW- N) / ��(( //� 'OUOWIC STAfJNG AREAS W'lIN ( O /'O� �" ```. oz EETTRT0.FY i-fde ON FUNTFIX25FxT (F)USERS VIACDITTucnNC +� �� $,. l> DLDIOLTL SEE SON.IEPORE- (E)FENCE -SO'W R 1-5'ML fR' \ i0 - 7¢DOWNS // \ FJEARNG 43r SCHEMATIC TOWER ELEVATION / OWFIt 1.5� ��\ % — SCALE y L8\ SEE DET 3/GLT / \ (E)I,S•fAE e� E O 6 0 O 16 O �- IS'LATE '\� FEW SCA13E OF FEET `.ice / 15 0 t6 32 8O `1 '\ FOR 581E OF FEET SEE E1F.0 DRAM1N45 • FT)R � O�Ed s9 SNfFT Nll ,ITIE Wm 641DR ND. PROVIDEADEnwTE WolacAREA a \ wQ J.r BLACK MOUNTAIN 41 310A W A L AS REOIIIRFD \ D GusMDE SITE PLAN Pn/m- FOR \ 65433 I woe \ i Q, ' ,M B G2. & TOWER LocAl10N DEL E /of/a9 OUIDEN GATE NArUaJAL FECRFARON aTEi1 SSA a 79 NPS Agreement Number: G8141100024 EXHMIT C District-specified Equipment to be installed on NPS tower GGNRA Tower at Black Mountain MROSD Antenna Requirements and Mechanical Specifications Mounting Path or Functional Purpose Antenna Frequency Tower Transmission Line Material wt. oc Type Model Radome size Wit. atio Height Azimuth Part Number Length 4'-4.5" MROSD-BLACK Mtn Rol ph Hill MW VHP2-105 Y/included 2' 68 lbs 11 GHz-Licensed* D1 40'ACL 282.6** EW 90 Elliptical 80' pipe/clamps 60lbs 4'-4.5" MROSD-BLACK Mtn Ske s Point MW VHP2-105 Y/included 2' 68 Ibs 11 GHz-Licensed* D2 60'ACL 305.7 EW 90 Elli ticai 100' pipe/clamps 60 lbs MROSD-BLACK Mtn 2700 Carol Drive MW PAR6-65 Y/Optional 6' 210 ibs 6 GHz-Licensed* D3 60'ACL 97.8 EW 63 Elliptical 100' pipe/clamps 100 Ibs VHF Analog 10'-2.5" MROSD-BLACK Mtn Simulcast Dipole ANT150D6-9 NA 20" 28 Ibs 152.09 TX/158.5 IW Al 80'top NA LDFS-50A 120' pipe/clams 40 lbs VHF Analog 10'-2.5" MROSD-BLACK Mtn CTCSS Dipole ANT150D6-9 NA 20' 28 lbs 151.23S TX/159.255 RX A2 I 40'mid NA I LDF5-50A 80' pipe/clams 40 Ibs 3719 7.8 in122 8 48.9 w 'Licensing not finalized *�Not consistent with azimuth shown at drawing(310.28) Macro Corporation Confidential information Page 1 Midpeninsula Regional • Open Space District r ♦ To: Board of Directors From: Stephen E. Abbors Date: May 21, 2010 Re: FYI(s) M ' IMidpeninsula Regional open Space District Memorandum To: MROSD Board of Directors I Through: Steve Abbors, General Manager From: Michelle Radcliffe, District Clerk Date: May 17, 2010 Re: AB 1234 Ethics Training for Local Officials Assembly Bill 1234 requires that if a local agency provides any type of compensation, salary, or stipend to, or reimburses the expenses of its "legislative body", that local agency's officials must receive training in ethics. This training is mandatory and must be taken every two years. The City of Los Altos is hosting an AB 1234 Ethics Training on June 29, 2010 from 6:00 p.m. to 8:00 p.m. at the Los Altos City Council Chamber. Registration begins at 5:30 p.m. and proof of participation certificates will be provided to attendees. f you are not able to attend the training on June 29`h, the California Special Districts Association If g (CSDA) is offering a webinar on July 16, 2010. Information on the webinar can be found at www.csda.net. If you would like to attend the training in Los Altos, please contact the District Clerk's Office in order to reserv e a seat for You asspace is limited. i i