Loading...
HomeMy Public PortalAbout20000223 - Agendas Packet - Board of Directors (BOD) - 00-04 i Regional Open i , MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 00-04 SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 6:30 p.m. Wednesday, February 23, 2000 330 Distel Circle Los Altos, California Please Note: 6:30 p.m. Special Meeting Start Time 7:30 p.m. Regular Meeting Start Time AGENDA* ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT--CLOSED SESSION The Closed Session will begin at 6:30 p.m. At the conclusion of the Closed Session, the Board will adjourn the Special Meeting Closed Session to the Regular Meeting, and, at the conclusion of the Regular Meeting, the Board may reconvene the Special Meeting Closed Session. 1. Conference with Real Propegy Negotiator- Government Code Section 54956.8 Real Property - Santa Clara County Assessor's Parcel Numbers 517-16-009, 510-27-0334, and 510-28-012 Agency Negotiators - Craig Britton and Susan Schectman Negotiating Parties -Wallace Krone and William Bishop Under Negotiations - Instructions to negotiator will concern price and terms of payment 2. Conference with Labor Negotiator - Government Code Section 54957.6 Agency Negotiators - Susan Schectman, Deirdre Dolan, John Escobar Employee Organization - S.E.I.U. Local 715 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ** ORAL CONMUNICATIONS - Public ADOPTION OF AGENDA *** ADOPTION OF CONSENT CALENDAR-K.Nitz �30 Di,,tel Circle - I,os Alto,,, CA 94022-1404 m Phone:650-091-1200 a 5 m C �n I AX: 050-091 048 » E mail: ros<il,)of) 5pa(('.or.g - We[)time:ti%"V.open5lm(e�org �� Romd of 0ircc toi, Pete Swnwii,, %1,iry ( . t),i ev, Jed( vr, 1)c mw t iitic, N ntetie t i,rnko, Be l,v C ro%%dei, I enticth C. Nil/ +(Wnw,i(h1mm!:cr_I t r,ug 13ntinn Meeting 00-04 Page 2 ** APPROVAL OF MINUTES *** WRITTEN COMMUNICATIONS BOARD BUSINESS 7:35 1 Lease Agreement with DrugAbuse Sciences, Inc., For the Tenant Office Space at 330 Distel Circle, Los Altos; Authorize the General Manager to Execute the Office Building Lease with DrugAbuse Sciences, Inc., for the Vacant Office Space at 330 Distel Circle, Los Altos - T. Fischer *** 2 Field Activity Report for 1999 and Nine-Year Field Activity Summary; Accept the 1999 Miscellaneous Enforcement Activity Summary and the Nine-Year Field Activity Summary - G. Baillie *** 3 Appoint Macias, Gini and Company as the District's Auditor of the 1999-2000 Fiscal Year; Authorize the General Manager to Execute the Engagement Letter Agreement in the Amount of $14,100 - M. Foster *** 4 Notice of Completion of Contract for Drainage and Surfacing Improvements to Parking Lots Located at Los Trancos, Russian Ridge, and Windy Hill Open Space Preserves; Authorize the President of the Board, or other Appropriate Officer, to Execute Notice of Completion and Acceptance of Work for Grading, Drainage, and Surfacing Improvements to Parking Lots at Three Open Space Preserves -J. Cahill *** REVISED CLAIMS 7:45 INFORMATIONAL REPORTS -Brief Reports or announcements concerning pertinent activities of District Directors and Staff CLOSED SESSION CONTINUED(if necessary) 7:55 ADJOURNMENT # Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. ** TO ADDRESS 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. *** 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. Regional Open ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT February 24, 2000 DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION Ms. Sarah Tilton Fries 135 Farm Road Woodside, CA 94062 Re: Sausal Trail Use Designation,Windy Hill Open Space Preserve Dear Ms. Fries: Thank you for your letter regarding equestrian access on Sausal Trail and the January 26th Board meeting. The Board reviewed your letter at their regular meeting last night. I can understand your frustration regarding the use of the trail. The District's process for determining appropriate trail use typically occurs in stages. Hiking is allowed on all completed trails. Other uses are considered and added under various conditions. The trail use may be designated at the time a trail is first constructed, or at such time as a trail use plan for the entire preserve is created. Until the Board of Directors authorizes a use designation for a trail, the interim use remains hiking-only. Newly constructed trails are always closed to horses and bicycles for the first year to allow the trail pad to settle and compact. In the case of Sausal Trail, no formal use designation occurred when the trail was authorized for construction. Instead,the use was to remain a hiking-only trail on an interim basis until a trail use plan for the entire preserve could be completed. Unfortunately, the signing that was installed at either end of the trail indicated to preserve users that the trail was only temporarily closed to horses and bicycles, thus implying that a trail use designation had already been made. When staff realized that the signing was incorrect, plaques wre posted indicating the trail was closed to horses and bicycles. These plaques are typically used for interim closures and do not indicate a permanent decision Likewise the stiles are easily modified. The January 26th discussion revolved around whether or not to expand the current hiking use to include companion dogs. In November 1998, the District's Board of Directors extended a program to allow leashed dogs on specific trails in the northern half of the preserve. This action did not include Sausal Trail, and since all of the surrounding trails were open to dog access, it was confusing to both staff and the general public. The January 26th requested action would have formally opened Sausal Trail to dog access, consistent with all other trails in the northern portion of the preserve. Instead, the Board tabled the item and no decision has been made regarding access for horses, bicycles or companion dogs. 330 Distel Circle * Los Altos, CA 94o22-1404 # Phone: 650-691-1200 FAV 6,50-691-0485 * E-mail: mroscl@openspace.org * Web site: www.openspace.org Rwrdw Oiie(tor,:Pete Swmen, 'o,iry C. led Cvr, Dexic Little Nonette H,mko Betsv Crowle, Kenneth C. Nlitz -GoneralhIarwflvr:L.Crai,,, Britton Sarah Tilton Fries February 24,2000 Page 2 Thank you for your input on the trail use designation of this trail. We will notify you by mail when this item returns to the Board of Directors for further consideration. Sincerely, Kenneth C. Nitz, President Board of Directors cc: Board of Directors Sarah Tilton Fries 135 Farm Road Woodside, CA, 94062 January 31, 2000 The Board of Directors Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 To Each Director: We want to thank you and the other Open Space District Directors for your decision to table Item 12, Use Designation of the Sausal Trail in the Windy Hill Preserve, at the Board meeting on January 26`", 2000. The issue clearly needs further consideration and thoughtfiil review. However, as long time supporters of the District and POST, We were genuinely troubled by the way this item appears to have been handled by district staff. First of all, there appears to have been a lack of communication among staff members who were involved with the development of this trail and with members of the Town of Portola Valley Trails Committee who actively participated in the planning. I have spoken separately to the Committee Chairman and two of the Committee members, each of whom independently confirmed that they had been given assurances by OSD staff that the Sausal Trail would be open to horses. In fact, the Chairman stated that, largely on the basis of these assurances, the Committee had agreed to relinquish another trail easement into the preserve. When the Trail was completed, it was very clearly signed: Temporarily Closed to horses and bikes. The sign also included language indicating that the trail needed to compact and settle before the expanded use could be permitted. This request seemed very reasonable and was respected. All of us valued the prospect of the new trail and had no wish to damage it; but we looked forward to the time when horses could use it and checked regularly to see if that time had arrived. You can imagine my surprise when I checked on Friday, January 21", and found that permanent signs were in place and the heavy narrow wooden stiles which block entrance to horses had been erected. Clearly, staff had made a decision on the Use Designation before the item was even on the Board Agenda. Were this not the case, they could simply have left the "temporary" signs in place a little longer. Secondly, I was concerned by the seeming arbitrariness of the staff recommendation to keep horses off the Sausal Trail. It did not appear to be based on data or experience. The comment that the new trail was rather steep and narrow ignored the experience on the Razorback and Hamms Gulch trails. These trails in the Preserve have been shared by I hikers and riders successfully since they were opened a number of years ago. The Sausal Trail is no steeper or narrower than either of these; it is only shorter. (And yes, riders do enjoy a loop trail as much as hikers.) Further, it appears that staff failed to consider the possibility that the road behind the Sequoias may be closed for construction of the access to the Kapsenell(?sp.) parcel being developed within the Preserve. In that case, if the Sausal Trail is closed to horses, they would have no access to the preserve from the parking area. Finally, we fully agree with staff that the needs of Sequoias residents should be considered when any decision is made on the Windy Hill preserve. Yet, it was only Director Crowder who contacted them and learned that they find horses on the trails quite acceptable, though not the mountain bikes. Certainly, this has been the experience of all of us. Hikers frequently engage us in conversation, and we almost always get a friendly greeting. (Even as a non-threatening middle aged lady. I never get this response from hikers when riding my mountain bike.) It bothers us that horses and bikes are frequently lumped together when trail decisions are made; in fact, the needs and the impact of horses are much closer to those of the hikers than those of the trail bikers. I certainly don't disparage the bikers and would support trails for their use. But I also know that that the horses are an essential element among those which define the character of the Portola Valley and Woodside communities. Those who ride them and those who just enjoy seeing them value their presence. We all want to see that presence supported. For all of the reasons we've elaborated, we sincerely hope you will decide to open the Sausal Trail to horses as soon as weather permits. Sincerely, Sarah Tilton Fries James F. Fries M.D. Regional Open - 3ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT February 24, 2000 DRAFT RESPONSE Rick E. Thurber PREPARED BY STAFF 205 Upper Terrace FOR BOARD CONSIDERATION San Francisco, CA 94117 Re: Recommendations Regarding Ranch San Antonio g g to 0 S Open ace Preserve P P Dear Mr. Thurber: Thank you for your letter of February 6 providing feedback on your group's trip to Rancho c o San Antonio Open Space Preserve. The Board of Directors reviewed your letter at its regular meeting last night. We always appreciate hearing from preserve visitors about their experiences. We would like to respond to your comments and recommendations, and are happy to report that most are already being addressed. Rancho San Antonio is definitely our most popular preserve, and most of the use is concentrated in the corridor you traveled. This leads to widening of the trails and makes for a less intimate nature experience, but this limited impact is offset by the benefits provided to a crowded urban population. We believe that this exposure to nature, especially for children, helps engender appreciation and respect that translates into support for broader open space objectives. There are numerous District preserves with far less visitation in which one can truly be alone with nature, as noted in the enclosed Visitor's Guide. We are continually adding land to the open space preserve system, and agree with your position that the use should be dispersed to maintain a quality experience. However, there are few, if any, additional acquisition opportunities in the area around Rancho San Antonio due to the escalating real estate market and adjacent development. With regard to wide trails and roads in general, most of the trail system in the preserves consists of old ranch roads. These tend to be maintained as wide trails due to heavy use or the practical need to use District vehicles for patrol and emergency access. The District builds only "single track" trails with a width of 4 to 5 feet, which are designed or retrofitted to discourage short cutting. Short cutting and enlargement of trails is an ongoing problem, which we take active steps to address in Rancho San Antonio and other preserves through signing, barriers, restoration, and enforcement. Similar measures are employed to discourage mountain bike use on trails that are not designated for such use. We are sorry you experienced what we believe to be a fairly rare bike incursion into the Rancho back country. Finally, with regard to charging admission, free access to all has always been one of the key principles of the District's management policy. A good part of the reason for this is the impracticality of controlling access and providing staff to collect fees, when most of 330 Distel Circle • Los Altos, CA 94022-1404 • Phone: 650-691-1200 FAX:650-691-0485 • E-mail: mrosda open space.org • Web site: www,openspice.org 13e�ard rn�?,r- 'nr..P(1W Sl er—,­, Mary C. Wa ev, led Cvr, Deane Little \onette tianko, Betty Crowder, Kenneth C. Aitz •General Alan wer:L.Cram Britton Rick E. Thurber February 24, 2000 Page 2 the preserves have many access points, and limited, if any, developed parking. Fees also result in increased parking in surrounding residential neighborhoods. If you have not already done so, we hope you will visit some of the other District preserves, such as Windy Hill, Purisima Creek Redwoods, or Pulgas Ridge to see if they provide an experience closer to what you are seeking. Sincerely, Kenneth C.Nitz,President Board of Directors ' Rick EThurber V(w5)566-35a2 Mo 2/610 o11:56AW d1/1 | � | Gundoy. February S. 2UO0 205 Upper Terrace � San Francisco, CA04117 (415)566-358Q/Fax(415) 566-3582 Board of Directors Midpeninsula Regional Open Space District 330Oistm|Circle, Los Altos, CAA4O22 Fax(415)GS1-0485 Dear Board ofOinectms� On Saturday, February 5th, five of us set out on a hike in San Antonio Open Space Preserve, It was raining most oY the day and wm didn't expect the surprising large number nf other park visitors. From the parking lot we proceeded to Deer Hollow Farm, From there we hiked up Wildcat Canyon Trail to Upper High Meadow Trail and around back to Deer Hollow Farm. Following is our evaluation: Favorable Aspects: � 1)Park had u sense of order, although it felt frail and vulnerable.There was an overall feeling that the park was being adequately cared for and managed. 2)Trails were for the most part,free oflitter,although too wide. 3)Only two mountain bikes ho degrade the wilderness experience. � 4)Enjoyed the magnificent oaks, bays, and added vegetation that covered hillsides and stream-beds. For � the most part,the view-shed gave an impneaoion,ofa much large park. � 5)Sighted a lot of bird and animal life, ie. assembly of robins and wax-wings feeding on8oyan�eoom � woodpeckers, wild turkey.doer. ' � Unfavorable Aspects: 1>Encountered too many visitors which took away from the sense of wildness, as well as the peace and serenity mm came for. 0 Trails too wide. Wide and barren trails and dirt roads, do not permit close, intimate viewing ofnative plants and grasses. � 3)Some trails exhibited signs of short-cutting, demolishing one's sense of well being. 4)Two illegal mountain bikers encountered on trail near Deer Hollow Farm. We asked them to leave the � park and they did. However,from their muddy appearance,they had already spent sometime abusing the � park. 5)Rare, new urban sprawl and PG&E power lines, diminish the preserve. RecmnnnmemdeN4mnm: i)Expand the open space boundaries to include surrounding natural areas. 2)Construct new hiking trails into surrounding natural areas so as to disperse visitors and reduce impact. 3)Design trails that naturally prevent xhort-outting. 4)Charge admission fee to compensate of public use, Use the funds to hirer security personal to monitor and patrol the preserves, Art museums provide security for each exhibit, why not protect our natural treasuries inu like manner. � Again, you and your staff have an outstanding opportunity to protect the non-manmade environment in � the preserves,and at the same time, provide visitors with an opportunity;o experience bliss ofbeing whole in the non-manmade environment. � Sinoene|y, � Rick E. Thurber Regional Open ice ----------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT February 24, 2000 DRAFT RESPONSE Ms. Martha Coddington PREPARED BY STAFF 3055 Pacific Avenue#1 FOR BOARD CONSIDERATION San Francisco, CA 94115 Re: Sausal Trail Use Designation,Windy Hill Open Space Preserve Dear Ms. Coddington: Thank you for your letter regarding equestrian access to Sausal Trail at Windy Hill Open Space Preserve. The Board reviewed your letter at their regular meeting last night. While I can sympathize with your frustration on the use of the trail, I also want to clarify that the trail has not been closed to horses. It has never been opened to horses. It has been opened to hikers since the trail construction was completed in the spring of 1999. The January 26th discussion revolved around whether or not to expand the current hiking use to include companion dogs. In November 1998,the District's Board of Directors extended a program to allow leashed dogs on specific trails in the northern half of the preserve. This action did not include Sausal Trail, and since all of the surrounding trails were open to dog access, it was confusing to both staff and the general public. The January 2e requested action would have formally opened Sausal Trail to dog access, consistent with all other trails in the northern portion of the preserve. Instead, the Board tabled the item and no decision has been made regarding access for horses, bicycles, or companion dogs. Newly constructed trails are always closed to horses and bicycles for the first year to allow the trail pad to compact. Adding uses other than hiking requires formal action of the Board of Directors. The trail use may be designated at the time a trail is first constructed, or at such time as a trail use plan for the entire preserve is created. Until the Board of Directors authorizes a use designation for a trail, the use remains hiking-only on an interim basis. In the case of Sausal Trail, the use designation did not occur when the trail was authorized for construction. Instead,the use was to remain a hiking only trail on an interim basis until a trail use plan for the entire preserve could be completed. Unfortunately, the signing that was installed at either end of the trail indicated to preserve users that the trail was only temporarily closed to horses and bicycles, thus implying that a trail use designation had already been made. When staff realized that the signing was incorrect, plaques were posted indicating the trail was closed to horses and bicycles. These plaques are typically used for interim closures and do not indicate a permanent decision. Likewise the stiles are easily modified. I can certainly understand the confusion this caused to preserve visitors like yourself, since these temporary signs were 330 Distel Circle # Los Altos, CA 94022-1404 o Phone: 650-691-1200 FAX: 650-691-0485 - E-mail: mrosclCiPopenspace.org o Wei)site: %%\m.openspace.org Hoard w Dtre(,Iors:Pete Siemens, 10ary C. Dasev,Jed Cvr, Deane Little, \onette Hanko , Betsy Crov der Kenneth C. Nitz - Gener,?/M,ina ger:L Craig,Britton Martha Coddington February 24,2000 Page 2 in place for such a long time. As we requested at the meeting, the temporary signs have been replaced at either end of the trail. Again, thank you for your input. We will notify you when this item returns to the Board of Directors for further consideration. Sincerely, Kenneth C.Nitz,President Board of Directors cc: Board of Directors � � ter►-q-r,�l -v -,�-,� = ��-'�`�� �'�' C4.e:) ck ad�'7z E t 3 F F 8 1 2000 Regional Open .". ice ---------------------------- R-00-26 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 00-04 February 23, 2000 AGENDA ITEM 1 AGENDA ITEM Lease Agreement With DrugAbuse Sciences, Inc., For the Tenant Office Space at 330 Distel Circle, Los Altos GENERAL MANAGER'S RECOMMENDATION _- Authorize the General Manager to execute the Office Building Lease with DrugAbuse Sciences, Inc., for the vacant office space at 330 Distel Circle, Los Altos. DISCUSSION In June of 1994, the District entered into a lease with Alzheimer's Disease and Related Disorders Association for approximately 3,500 square feet of office space within the District's administrative office building at 330 Distel Circle. In anticipation of Alzheimer's vacating under their lease, on January 12, 2000, the District Board of Directors authorized BT Commercial Real Estate to market the remaining vacant tenant space (2,487 square feet) in order to procure a new tenant for the remaining vacant office space (see Report 00-09). The leasehold area is being reduced to accommodate growing District needs for administrative office space. On February 4, 2000, Alzheimer's moved out of the Distel Enterprise Office Space. On February 2, 2000, DrugAbuse Sciences, Inc., ("DAS") submitted a letter of interest with general terms of a lease agreement for the tenant space. The District submitted a counter offer to DAS on February 9, 2000 with amended terms. General terms and conditions of a proposed lease agreement were tentatively agreed between District staff and DAS on February 9, 2000. DAS is a privately held specialty pharmaceutical company dedicated to addiction care. The company was founded in 1994 and is currently based in Menlo Park, California and Paris, France. DAS is focused on developing a comprehensive portfolio of pharmaceuticals and treatment regimens for patients with chronic alcohol or substance abuse. The tenant space will be used for office and administrative purposes only. DAS's customers are clinicians in North America and Europe. The basic terms and conditions of the proposed lease are as follows: 1. Three (3) year lease term; 2. Occupancy/Commencement date of March 1, 2000; 3. Rental Rate $8,704.50 per month ($3.50 per square foot) with annual increases based on the adjustment in the Consumer Price Index (CPI), with a minimum of 4% and a maximum of 7%; 4. District to contribute up to $7,200 towards interior improvements made to the space by DAS through a credit against the second month's rental payment; 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200 FAX:650-691-0485 • E-mail: mrosd@openspace.org • Web site:www.openspace.org ' Board of Oirectors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little, Nonette Hanko, Betsy Crowder,Kenneth C.Nitz •General Manager:L.Craig Britton f R-00-26 Page 2 5. Security Deposit in the form of a Letter of Credit held by the District in the amount of$18,000 during the term of the lease; 6. Possessory Interest Tax to be paid by Tenant and credited towards the month's rent due following the month in which the tax is paid by the Tenant. Although the vacant Distel tenant space has been reduced in size by more than 1,000 square feet, the monthly rent under the proposed lease is equivalent to the rent the District received from Alzheimer's Association during the last six months of their occupancy. This increase is due to the very competitive market conditions for commercial office space. The terms of the proposed lease will result in a leasing commission due in the amount of$17,347.72, according to the listing agreement authorized by the Board of Directors on January 12, 2000. The terms of the transaction represents fair market value for office space in this location and in its present condition. Prepared by: Thomas W. Fischer, Land Protection Specialist Contact: Same as above i Regional Open ace 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Mt ego To: L.Craig Britton, General Manager From: Tom Fischer, Land Protection Specialist i Subject: Lease Agreement—DrugAbuse Sciences j Rental Space, 330 Distel Circle Date: 2-22-2000 Attached is the final lease document for the 330 Distel rental space executed by DrugAbuse Sciences. This final version has a number of minor changes from the Draft version delivered with the Board of Director's packet last week. Some of the less significant changes are such things as changing"Tenant" to"Lessee"and grammatical corrections. The executed document has a number of other changes and/or additions, summarized as follows: Section Comments DrugAbuse Sciences is a California corporation, 5.2 Language has been changed to better define the CPI index, 7 Language has been changed and added to more clearly define the Tenant's responsibilities regarding Possessory Interest Taxes, 8.3 Language has been added to more clearly define Tenant's approved and prohibited use in the building, 10 Insurance coverage has been defined at $2,000,000.00, 15 Assignment/Subletting language has been changed to better define conditions upon which District would allow a sublease. 18.6 This clause was added enabling the Tenant to terminate the lease if damage to Premises renders the Premises unusable, 35.1 Omitted (which allowed 50% of sublease overage to be kept by Tenant), 35.2 Additional language was added regarding real estate commissions due so that the District is not liable for commissions beyond that defined in the listing agreement. I t � I OFFICE BUILDING LEASE 1. PARTIES. This Lease dated as of February 9, 2000, is made by and between the Midpeninsula Regional Open Space District, a special district formed pursuant to Section 5500, et seq., of the California Public Resources Code ("District") and DrugAbuse Sciences Inc., a California Corporation("Lessee"). 2. PREMISES. District hereby leases to Lessee, and Lessee hereby leases from District, that certain office space (hereinafter, "Premises"), the area of which is shown by outline on Exhibit "A", attached hereto and incorporated herein by this reference. It is agreed that said Premises, for the purpose of this Lease, have an area of approximately 2,487 square feet, situated on the ground floor of that certain office building ("Budding") known as 330 Distel Circle, Los Altos, California. Said Premises are more precisely identified as Suite 150 of said Building. The Premises exclude the access ways and pipes, ducts, conduits, wires and appurtenant fixtures serving, exclusively or in common, other parts of the Building. By taking possession of the Premises, Lessee accepts the improvements as complete except as otherwise provided herein. 3. TERM. The term of this Lease shall be for 36 months, commencing on March 1, 2000 (the "Commencement" or "Commencement Date") and ending February 28, 2003 unless sooner terminated pursuant to this Lease. 4. POSSESSION. 4.1 If District, for any reason whatsoever, cannot initially deliver possession of the Premises to Lessee at the Commencement of the term hereof; this Lease shall not be void or voidable nor shall District be liable to Lessee for any loss or damage resulting therefrom, nor shall the expiration date of the above term be in any way extended, but, in that event, all rent shall be abated during the period between the Commencement of said term and the time when District delivers possession. 4.2 In the event that District shall permit Lessee to occupy the Premises prior to the Commencement Date of the term, such occupancy shall be subject to all of the provisions of this Lease, except for the payment of rent, and said early possession shall not advance the termination date hereinabove provided. In the event Lessee occupies the Premises prior to the Commencement Date of the term for the purpose of installation of Lessee's trade fixtures and equipment in the Premises, or otherwise, such use or occupancy shall be pursuant to the express conditions that (a) Lessee's early entry shall not interfere with District's work or construction or cause labor difficulty; (b) Lessees shall pay for and provide evidence of the insurance coverage required pursuant to Section 10 hereof, and (c) Lessees shall pay utility charges reasonably allocated to Lessee by District. Lessee shall not commence the operation of business prior to the Commencement Date of the term without express prior written consent of District. Page 1 laitWs i I 5. RENT, 5.1 Lessee shall pay to District as rent for the Premises, without demand, deduction, abatement or set-off, except as expressly permitted herein, the sum of Eight Thousand Seven Hundred Four and 501100 Dollars ($8,704.50) on or before the first day of each and every calendar month of the term of this Lease, the first monthly payment to be made concurrently with the execution hereof. If the Lease termination date is not the last day of a month, the rent payable hereunder shall be prorated on a daily basis at the then current rate for the fractional month during which this Lease terminates. Said rent shall be paid to District in lawful money of the United States of America, which shall be legal tender at the time of payment at the District office in the Building, or to such other person or at such P ym other place as District may from time to time designate in writing. 5.2 Rent Increase. 5.2.1 Upon the first anniversary of the Commencement Date of this lease and annually on such date thereafter, the monthly Rent payable under Section 5.1 of this Lease shall be adjusted by the greater o f four (4%) of the previous period Rent, or the percentage increase, if any, in the Consumer Price Index of the Bureau of Labor Statistics of the United States Department of Labor for All Urban Consumers (1982-84=100), "All Items,"for San Francisco-Oakland-San Jose Bay Area, herein referred to as "C.P.I.", since the Commencement Date of this Lease or since the last annual adjustment, as appropriate. 5.2.2 The monthly Rent payable pursuant to Section 5.1 shall be increased pursuant to Section 5.2.1 as follows: the Rent payable for the first month of the term of this Lease, or the month in which it was last adjusted, shall be multiplied by a fraction, the numerator of which shall be the C.P.I. of the calendar month during which the adjustment is to take effect, and the denominator of which shall be the C.P.I. for the calendar month in which the original Lease term commenced or in which it was last adjusted. The sum so calculated shall constitute the new monthly Rent under Section 5 hereof, but, in no event, shall such new monthly Rent be less than a four (4%) increase over the previous period Rent nor greater than a seven (7%) increase over the previous period Rent. 5.2.3 In the event the compilation and/or publication of the C.P.I. shall be transferred to any other governmental department or bureau or agency or shall be discontinued, then the index most nearly the same as the C.P.I. shall be used to make such calculations. In the event that District and Lessee cannot agree on such alternative index, then the matter shall be submitted for decision to the American Arbitration Association in the County of Santa Clara, or, if such does not exist, an arbitration service substantially similar thereto, in accordance with the then rules of said association and the decision of the arbitrators shall be binding upon the parties, notwithstanding one party failing to appear after due notice of the proceeding. The cost of said Arbitrators shall be paid equally by District and Lessee. Page 2 I 5.2.4 Lessee shall continue to pay the rent at the rate previously in effect, plus the minimum annual rent increase of four percent (4%), until the amount of the C.P.I. increase, if any, is determined. Within five(5) days following the date on which the increase is determined,Lessee shall make such payment to District as will bring the increased rental current, commencing with the effective date of such increase through the date of any rental installments then due. Thereafter the rent shall be paid at the increased rate. 6. SECURITY DEPOSIT. Concurrently with the execution of this Lease, Lessee has deposited with District the sum of Eighteen Thousand Dollars ($18,000.00), in the form of an Irrevocable Letter of Credit acceptable to District, receipt of which is hereby acknowledged, to secure the faithful performance by Lessee of all of the terms, covenants and conditions of this Lease by Lessee to be kept and performed during the term hereof. Lessee agrees that if it shall fail to pay when due any installment of rent or any other sums provided in this Lease to be paid by Lessee to District, or if Lessee shall default in or breach any of the other terms, covenants and conditions of this Lease and District shall suffer any damages as a result of said default or breach, then in any such event District may, at its option (but District shall not be required to) draw upon said Irrevocable Letter of Credit for any rent or other sum due and unpaid by Lessee to District hereunder, for any damage suffered by District as a result of such default or breach to the extent of the amount of damage suffered by District, or for any reasonable attorney's fees incurred by District in connection with such default or breach. Should the Irrevocable Letter of Credit be drawn upon by District as herein provided, then Lessee, without the need for written demand by District, shall forthwith remit a sufficient amount in cash to restore said security deposit to its original amount, and Lessee's failure to do so within ten (10) days after such demand shall constitute a breach of this Lease. Should Lessee comply with all of the terms, covenants and conditions of this Lease and promptly pay all rental herein provided for as it falls due and all other sums payable by Lessee to District hereunder, the un-appropriated balance of said security deposit shall be returned to Lessee at the expiration of the Term of this Lease or upon any earlier termination. Should District sell its interest in the Premises during the term hereof and if District deposits with the purchaser thereof the then un-appropriated funds deposited by Lessee as aforesaid, thereupon District shall be discharged from any further liability with respect to such deposit. 7. TAXES. 7.1 Property Taxes: The term "property taxes," as used in this Lease, is defined as all real estate taxes or personal property taxes levied with respect to the Building and the land, and any improvements, fixtures and equipment and other property of the District, real or personal, located in the Building and used in connection with the operation of the Building and the land, or any tax, general or special assessment, or other charge of any description imposed upon or in respect of the Building and the land, including without limitation, a tax upon any rent therefrom or any occupancy or use thereof, or a tax in lieu of or in addition to real estate or personal property taxes. Page 3 Initials Initials 7.2 Personal Property and Ad Valorem Taxes. Lessee hereby agrees to pay all taxes which may be levied with respect to Lessee's personal property located upon the Premises, including without limitation, the portion of the improvements to the Premises the cost of which was borne by Lessee, furniture, office equipment and other furnishings. 7.3 Possessory Interest Tax. The property interest created herein may be subject to property taxation and Lessee may be subject to payment of property taxes levied on such possessory interest. Lessee shall be responsible for any Possessory Interest Tax arising out of or in any way created by this Lease. Lessee's rent shall be reduced by the amount of any such Possessory Interest Tax in the month following actual payment by Lessee of such tax or if no rent due in cash, and upon submittal of a copy of the bill evidencing such obligation and a copy of the check evidencing such payment. 8. USE OF PREMISES. 8.1 Use. The Premises shall be used and occupied by Lessee for general office purposes, including without limitation, marketing, accounting, tracking of regulatory control, investor relations, business development and related clerical functions and for no other purpose without the prior written consent of District. 8.2 Suitability. Lessee acknowledges that neither District nor any agent of District has made any representation or warranty with respect to the Premises or the Building or with respect to the suitability of either for the conduct of Lessee's business, nor has District agreed to undertake any modification, alteration or improvement to the Premises except as provided in this Lease. The taking of possession of the Premises by Lessee shall conclusively establish that the Premises and the Building were at such time in satisfactory condition unless within fifteen (15) days after such date Lessee shall give District written notice specifying in reasonable detail the respects in which the Premises or the Building were not in satisfactory condition. To District's knowledge, the Premises are in compliance with all rules, regulations and ordinances whether federal, state or local. 8.3 Uses Prohibited. 8.3.1 Premises shall not be used for retail sales, warehousing, manufacturing, or patient treatment facilities. 8.3.2 Lessee shall not do or permit anything to be done in or about the Premises nor bring or keep anything therein which will in any way increase the existing rate or affect any fire or other insurance upon the Building or any of its contents, or cause a cancellation of any insurance policy covering said Building or any part thereof or any of its contents, nor shall Lessee sell or permit to be kept used or sold in or about said Premises any articles or substance, inflammable or otherwise, which may be prohibited by a standard form policy of fire insurance. 8.3.3 Lessee shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other Lessees or occupants Page 4 InitWs Wual. of the Building or injure or annoy them or use or allow the Premises to be used for any unlawful or objectionable purpose, nor shall Lessee cause, maintain or permit any nuisance in or about the Premises. Lessee shall not commit or suffer to be committed any waste in or upon the Premises. 8.3.4 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 law, statute, ordinance or governmental rule or regulation or requirement of duly constituted public authorities now in force or which may hereafter be enacted or promulgated. Lessee shall at its sole cost and expense promptly comply with all laws, statutes, ordinances and governmental rules, regulations or requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the condition, Lessee's particular use or occupancy of the Premises, excluding structural changes not relating to or affecting the condition, use or occupancy of the Premises, or not related or afforded by Lessee's improvements or acts. The judgment of any court of competent jurisdiction or the admission of Lessee in any action against Lessee, whether District be a party thereto or not, that Lessee has violated any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of the fact as between District and Lessee. 9. SERVICES AND UTiT.TT7ES. 9.1 District's Obligations. District agrees to furnish to the Premises during the hours of 8:00AM — 6:OOPM, generally recognized business days of Monday through Friday excepting major holidays, and subject to the Rules and Regulations of the Building, water, gas and electricity suitable for the intended use of the Premises, heat and air conditioning required in District's judgment for the comfortable use and occupancy of the Premises, scavenger, janitorial and window washing service and security customary in similar buildings in the competing geographical area. District shall also maintain and keep lighted the common entries and toilet rooms in the Building. 9.2 Lessee's Obligation. Lessee shall pay for, prior to delinquency, all telephone and all other materials and services, not expressly required to be paid by District, which may be furnished to or used in, on or about the Premises during the term of this Lease. 9.3 Lessee's Additional Requirements. 9.3.1 Lessee will not, without the prior written consent of District not unreasonably withheld, and subject to any conditions which District may impose, use any apparatus or device in the Premises, including but ,without limitation therefor, electronic data processing machines, punch card machines and machines using current in excess of 110 volts, which will in any way increase the amount of electricity or water usually furnished or supplied for use of the Premises as general office space. Lessee shall not connect with electrical current, except through Page 5 laitWs In . existing electrical outlets in the Premises, or connect to water pipes, any apparatus or device for the purposes of using electric current or water. 9.3.2 If Lessee shall require water or electric current in excess of that usually furnished or supplied for use of the Premises as general office space, Lessee shall first procure the consent of District for the use thereof, which consent District may not unreasonably withhold. District may cause a water meter or electric current meter to be installed in the Premises, so as to measure the amount of water and electric current consumed for any such other use. The costs of such meters and of installation, maintenance and repair thereof shall be paid for by Lessee and Lessee agrees to pay District promptly upon demand by District for all such water and electric current consumed as shown by said meters, at the rate charged for such services by the city in which the Building is located or the local public utility as the case may be, famishing the same, pays any additional expense incurred in keeping account of the water and electric current to consumed. 9.3.3 Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, District reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Lessee to District upon demand by District. 9.4 Nonliability For Failure To Provide Services or Utilities. District shall not be liable for, and Lessee shall not be entitled to, any abatement or reduction of rent by reason of District's failure to furnish any of the foregoing when such failure is caused by accidents, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause similar or dissimilar, beyond the reasonable control of District. District shall not be liable under any circumstances for loss of or injury to property, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing, except for loss arising due to District's or District's agents, employees or contractors active negligence or willful misconduct. 10. INSURANCE. 10.1 Coverage. Lessee shall assume the risk of damage to any fixtures, goods, inventory, merchandise, equipment, furniture and leasehold improvements, and District shall not be liable for injury to Lessee's business or any loss of income therefrom relative to such damage. Lessee shall, at all times during the term of this Lease, and at its own cost and expense, procure and continue in force the following insurance coverage: 10.1.1 Comprehensive general liability insurance, insuring District and Lessee against any liability arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto in an amount of not less than Two hfillion Dollars($2,000,000.00)per occurrence. Page 6 Initials Initial, 10.1.2 Fire and extended coverage insurance including vandalism and malicious mischief coverage, in an amount equal to the full replacement value of all factures, furniture and improvements installed by or at the expense of Lessee. 10.2 Insurance Policies. The limits of said insurance policies shall not, however, limit the liability of the Lessee hereunder. Lessee may carry said Insurance under blanket policies; providing, however, said Insurance by Lessee shall have a District's protective liability endorsement attached thereto. If Lessee shall fail to procure and maintain said insurance. District may, but shall not be required to, procure and maintain same, but at the expense of Lessee. Insurance required hereunder shall be in companies rated A- or better in "Best's Insurance Guide." Lessee shall deliver to District prior to occupancy of the Premises copies of policies of insurance required herein or certificates evidencing the existence and amounts of such insurance with loss payable clauses, all such policies subject to District's approval which shall not be unreasonably withheld. No policy shall be cancelable or subject to reduction of coverage except after thirty (30) days prior written notice to District. 10.3 Waiver of Subrogation. As long as their respective insurers so permit, District and Lessee each hereby waive any and all rights of recovery against the other for any loss or damage occasioned to such waiving party or its property or the property of others under its control to the extent that such loss or damage is insured against under any fire or extended coverage insurance policy which either may have in force at the time of such loss or damage. Each party shall obtain any special endorsement, if required by their insurer, to evidence compliance with the aforementioned waiver. 11. MAINTENANCE AND REPAIRS. 11.1 District's Obligations. District shall maintain in good order, condition and repair the Building and all other portions of the Premises not the obligation of Lessee or any other Lessee in the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by District, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Lessee, it agents, servants, employees or invitees, in which case Lessee shall pay to District the reasonable cost of such maintenance and repairs. District shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for five (5) business days after written notice of the need of such repairs or maintenance is given to District by Lessee, provided such repairs or maintenance can be reasonably performed within five (5) business days. Except as provided in Section 18 hereof, there shall be no abatement of rent and no liability of District by reason of any injury to or interference with Lessee's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances and equipment therein. Lessee waives the right to make repair at Districts expense under any law, statute or ordinance now or hereafter in effect. Page 7 ! Initials Initials 11.2 Lessee's Obligations. By taking possession of the Premises, Lessee shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair, and Lessee's obligations to preserve the Premises are as follows: 11.2.1 Lessee at Lessee's sole cost and expense, except for services furnished by District pursuant to Section 9 hereof, shall maintain the non-structural portion of the Premises in good order, condition and repair including the interior surfaces of the ceilings, walls and floors, all doors, interior windows, exterior windows at or below street level, all plumbing pipes, electrical wiring, switches, fixtures and special items in excess f building ss o bu din standard fiunishin and equipment install ed b P 8 $s� � P Y or at the expense of Lessee. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at District's expense or to terminate this Lease because of District's failure to keep the Premises in good order, condition and repair. 11.2.2 Upon the expiration or earlier termination of this Lease, Lessee shall surrender the Premises in the same condition as received, ordinary wear and tear and condemnation or damage by fire, earthquake, act of God or the elements alone excepted, and shall promptly remove or cause to be removed from the Premises and the Building, at Lessee's expense, any signs, notices and displays placed by Lessee. 11.2.3 Lessee agrees to repair any damage to the Premises or the Building caused by or in connection with the removal of any articles of personal property, business or trade fixtures, machinery, equipment, furniture, movable partitions, including without limitation thereto, repairing the floor and patching and painting the walls where required by District to Districts' reasonable satisfaction, all at Lessee's sole cost and expense. Lessee shall indemnify the District against any loss or liability resulting from delay by Lessee in so surrendering the Premises, including without limitation any claims made by any succeeding Lessee founded on such delay. 11.2.4 In the event Lessee fails to maintain the Premises in good order, condition and repair, District shall give Lessee notice to do such acts as are reasonably required to so maintain the Premises. In the event Lessee fails to promptly commence such work and diligently prosecute it to completion, then District shall have the right to do such acts and expend such funds at the expense of Lessee as are reasonably required to perform such work. Any amount so expended by District shall be paid by Lessee promptly after demand with interest at ten percent (10%) per annum from the date of such work. District shall have no liability to Lessee for any damage, inconvenience or interference with the use of the Premises by Lessee as a result of performing any such work. Page 8 ' Initx. 12. ALTERATIONS AND ADDITIONS. 12.1 Lessee shall at Lessee's sole cost and expense, replace the existing carpet and paint the interior walls of the Premises. The colors of the carpet and paint shall be approved by District, which approval shall not be unreasonably withheld. Lessee shall be allowed to credit up to $7,200 of the carpet and paint costs against the rent payment due in the second month of the Lease Term. 12.2 Lessee shall make no other alterations, additions or improvements to the Premises or any part thereof, without obtaining the prior written consent of District. 12.3 District may impose as a condition to the aforesaid consent such requirements as District may deem necessary in its reasonable discretion, including with limitation thereto, the manner in which the work is done, a right of approval of the contractor by whom the work is to be performed, the times during which it is to be accomplished, and the requirement that upon written request of District prior to the expiration or earlier termination of the Lease, Lessee will remove any and all movable partitions, counters, personal property, equipment, fixtures and furniture, unless upon granting consent District agrees otherwise. 12.4 All such alterations, additions or improvements shall at the expiration or earlier termination of the Lease, become the property of District and remain upon and be surrendered with the Premises, unless specified pursuant to Section 11.2 above, or if upon granting consent, District agrees otherwise. 12.5 All articles of personal property and all business and trade fixtures machinery and equipment, furniture and movable partitions owned by Lessee or installed by Lessee at its expense in the Premises shall be and remain the property of Lessee and may be removed by Lessee at any time during the Lease term when Lessee is not in default hereunder. 13. INDENMIFICATION. Lessee shall indemnify and hold harmless District from and against any and all claims arising from Lessee's use of the Premises, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless District from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence of the Lessee, or any of Lessee's customers, directors, officers, invitees, licensees, agents, contractors or employees, and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against District by reason of any such claim. Lessee upon notice from District shall defend the same at Lessee's expense by counsel satisfactory to District. Lessee, as a material part of the consideration to District, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises arising from any cause, and Lessee hereby waives all claims in respect thereof against District except claims solely arising from willful or active negligent acts or omissions by District or its agents or employees. Lessee hereby agrees that District shall not be liable Page 9 t Initials V Initials t for injury to (a) Lessee's business or for any loss of income therefrom or damage to the goods, wares, merchandise or other property of Lessee, (b) Lessee's customers, directors, officers, invitees, licensees or any other persons in or about the Premises, (c) Lessee's employees, agents or contractors, whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether the said damage or injury results from conditions arising upon the Premises or upon other portions of the Building, or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Lessee. District shall not be liable for any damages arising from any act or neglect of any other Lessee of the Building. 14. LIENS. Lessee shall not permit to be enforced against the Premises, any mechanics', materialmen's, contractors' or other liens arising from, or any claims for damages growing out of, any work of repair or alteration as herein authorized or otherwise arising(except from the actions of District), and Lessee shall pay or cause to be paid all of said liens and claims before any action is brought to enforce the same against District or the Premises; and Lessee agrees to indemnify and hold District and the Premises free and harmless from all liability for any and all such liens and claims and all costs and expenses in connection therewith. Lessee shall give District no less than ten (10) days prior notice in writing before commencing construction of any kind on the Premises so that District may post notices of nonresponsibility. 15. ASSIGNMENT AND SUBLETTING. 15.1 District's Consent Required. Lessee shall not assign, transfer, mortgage, pledge, hypothecate or encumber this Lease or any interest therein, and shall not sublet the Premises or any part thereof, without the prior written consent of District, such consent not to be unreasonably withheld and any attempt to do so without such consent being first had and obtained shall be wholly void and shall constitute a breach of this Lease. 15.2 Subletting Submission. Should Lessee desire to assign or sublet the Premises, Lessee shall submit in writing to District(a) the name and legal composition of the proposed sub- lessee or assignee; (b)the nature of the business proposed to be carried on in the Premises; (c) the terms and provisions of the proposed sublease for District's review and approval; and (d) such reasonable financial information for District's review and approval as District may request concerning the proposed sub-lessee or assignee. In determining the approval of an assignee or sub-lessee, the compatibility and suitability of the proposed assignee or sub-lessee with the,District's government operations, statutory purposes and open space mission shall be of prime importance. 15.3 No Release of Lessee. No consent by District to any assignment of subletting by Lessee shall relieve Lessee of any obligation to be performed by Lessee under this Lease, whether occurring before or after such consent, assignment or subletting. The consent by District to any assignment of subletting shall not relieve Lessee from the obligation to obtain Page 10 ' Initials Initials G District's express prior written consent to any other assignment or subletting. The acceptance of rent by District from any other person shall not be deemed to be a waiver by District of any provision of this Lease or to be a consent to any assignment, subletting or other transfer. Consent to one assignment, subletting or other transfer shall not be deemed to constitute consent to any subsequent assignment, subletting or other transfer. 16. ENTRY BY DISTRICT. District reserves and shall at any and all times have the right to enter the Premises to inspect the same, to supply janitor service and any other service to be provided by District to Lessee hereunder, to submit said Premises to prospective purchasers or Lessees, to post notices of nonresponsibility and "for lease" signs, and to alter, improve or repair the Premises and any portion of the Building without abatement of rent, and may for that purpose erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, always providing the entrance to the Premises shall not be blocked thereby, and further providing that the business of Lessee shall not be interfered with unreasonably. Lessee hereby waives any claim for damages for any injury or inconvenience to or interference with Lessee's business, any loss of occupancy and any other loss occasioned thereby. For each of the aforesaid purposes, District shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Lessee's vaults and safes, and District shall have the right to use any and all means which District may deem proper to open said doors in an emergency, in order to obtain entry to the Premises, and any entry to the Premises obtained by District by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of the Premises, or an eviction of Lessee from the Premises or any portion thereof. 17. HOLDING OVER. This lease shall terminate and become null and void without further notice upon the expiration of the term herein specified and any holding over by Lessee after such expiration shall not constitute a renewal hereof or give Lessee any rights under this Lease, except as otherwise herein provided, it being understood and agreed that this Lease cannot be renewed, extended or in any manner modified except in writing signed by both parties hereto. If Lessee shall hold over for any period after the expiration of said term, District may, at its option, exercised by written notice to Lessee, treat Lessee as a Lessee from month-to-month commencing on the first day following the expiration of this Lease and subject to the terms and conditions herein contained, at a rental in the amount of one hundred twenty-five percent (125%) of the last monthly rental, plus all other charges payable hereunder. If Lessee fails to surrender the Premises upon the expiration of this Lease despite demand to do so by District, Lessee shall indemnify and hold District harmless form all loss or liability, including without limitation, any claim made by an succeeding Lessee founded on or resulting from such failure to surrender. 18. DAMAGE OR DESTRUCTION. 18.1 Partial Damage-Insured. In the event the Premises or the Building are damaged by any casualty which is covered under fire and extended coverage insurance carried by District, then District shall restore such damage provided insurance proceeds are available to pay Page 11 r Initials Initials ninety percent (90%) or more of the cost of restoration and provided such restoration can be completed within sixty (60) days after the Commencement of the work in the opinion of a registered architect or engineer appointed by District. In such event this Lease shall continue in full force and effect, except that Lessee shall be entitled to proportionate reduction of rent as determined by District while such restoration takes place, such proportionate reduction to be based upon the extent to which the restoration efforts interfere with Lessee's business in the Premises. Lessee shall not be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises and/or any inconvenience or annoyance occasioned by any such damage, repair, reconstruction or restoration. 18.2 Partial Damage- Uninsured. In the event the Premises or the Building are damaged by a risk not covered by District's insurance or the proceeds of available insurance are less than ninety percent (90%) of the cost of restoration, or if the restoration cannot be completed within sixty (60) days after the Commencement of work in the opinion of the registered architect or engineer appointed by District, then District shall have the option either to (a) repair or restore such damage, this Lease continuing full force and effect, but the rent to be proportionately abated as hereinabove provided, or (b) give notice to Lessee (at any time within thirty (30) days after such damage) terminating this Lease as of a date to be specified in such notice, which date shall not be less than thirty (30) nor more than sixty (60) days after giving such notice. In the event of the giving of such notice, this Lease shall expire and all interest of Lessee in the Premises shall terminate on such date so specified in such notice and the rent, reduced by any proportionate reduction based upon the extent, if any, to which said damage interfered with the use and occupancy of Lessee as determined hereinabove shall be paid to the date of such termination. District agrees to refund to the Lessee any rent therefore paid in advance for any period of time subsequent to such date of termination as provided herein. 18.3 Total Destruction. In the event the Premises are total destroyed or the Premises cannot be restored as required herein under applicable laws and regulations, notwithstanding the availability of insurance proceeds, this Lease shall be terminated effective as of the date of the damage. 18.4 Damage Near End of the Term. Notwithstanding anything to the contrary contained in this Section 18, District shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty covered under this Section 18 occurs during the last twelve (12) months of the term of this Lease or any extension thereof. 18.5 District's Obligations. The District shall not be required to repair any injury or damage by fire or other cause, or to make any restoration or replacement of any panelings, decorations, partitions, railings, floor covering, office fixtures or any other improvements or property installed in the Premises by Lessee or at the direct or indirect expense of Lessee. Lessee shall be required to restore or replace same in the event of damage. Page 12 t Initials Kuala y Except for abatement of rent, if any, Lessee shall have no claim against District for any damages suffered by reason of any such damage, destruction repair or restoration, nor shall Lessee have the right to terminate this Lease as the result of any statutory provision now or hereafter in effect pertaining the damage and destruction of the Premises or the Building , except as expressly provided herein. 18.6 Lessee's Right to Terminate. If at anytime a portion of the Premise is damaged or destroyed by any cause thereby rendering the Premises unusable, even if such damage is required to be insured against pursuant to Article 10, District shall notify Lessee in writing as to the estimated time for repairing the damage within ten(10)days of the date on which District learns of the damage. If District reasonably estimates that the time required for repair exceeds three (3) months, from the date of damage, or the damage occurs within the last twelve months of the Lease term, then Lessee, at Lessee's sole election, may terminate this Luse by delivering written notice of termination to District within ten (10) days after receipt of the estimation. Regardless of the total repair time, if this Lease is not terminated, rent will abate during the period until the Premises are repaired and ready for Lessee's full use and occupancy. 19. DEFAULT; REMEDIES. 19.1 Default. The occurrence of any of the following shall constitute a material default and breach of this Lease by Lessee: 19.1.1 Any failure by Lessee to pay the rent or any other monetary sums required to be paid hereunder (where such failure continues for three (3) business days after written notice by District to Lessee; or 19.1.2 The abandonment of the Premises by Lessee; or 19.1.3 A failure by Lessee to observe and perform any other provision of this Lease to be observed or performed by Lessee, where such failure continues for thirty (30) days after written notice thereof by District to Lessee: provided, however, that if the nature of the default is such that the same cannot reasonably be cured within said thirty (30) day period, Lessee shall not be deemed to be in default if Lessee shall within such period commence such cure and thereafter diligently prosecute the same to completion; or 19.1.4 The making by Lessee of any general assignment or general arrangement for the benefit of creditors; the filing by or against Lessee of a petition to have Lessee adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy [unless, in the case of a petition filed against Lessee, same is dismissed within 60 days]; the a ointment of trustee or receiver se to �Y ( ) PP take possession of substantially all of Lessees assets located at the Premises or of Lessee's interest in this Lease, where possession is not restored to Lessee within thirty (30) days, or the attachment, execution or other judicial seizure of Page 13 Initials Initials i substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease, where such seizure is not discharged within thirty (30) days. Lessee agrees that in the event of the above, then this Lease or any interest in or to the Premises shall not become an asset in any of such proceedings. 19.2 Remedies. In the event of any such material default or breach by Lessee, District may, at any time thereafter, without limiting District in the exercise of any right or remedy at law or in equity which District may have by reason of such default or breach: 19.2.1 Maintain this Lease in full force and effect and recover the rent and other monetary charges as they become due, without terminating Lessee's right to possession irrespective of whether Lessee shall have abandoned the Premises. In the event District elects not to terminate the Lease, District shall have the right to attempt to re-let the Premises at such rent and upon such conditions and for such a term, and to do all acts necessary to maintain or preserve the Premises as District deems reasonable and necessary without being deemed to have elected to terminate the Lease, including removal of all persons and property from the Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Lessee. In the event any such reletting occurs, this Lease shall terminate automatically upon the new Lessee taking possession of the Premises, notwithstanding failure by District to elect to terminate the Lease initially. District at any time during the term of this Lease may elect to terminate this Lease by virtue of such previous default of Lessee. 19.2.2 Terminate Lessee's right to possession by any lawful means, in which case this Lease shall terminate and Lessee shall immediately surrender possession of the Premises to District. In such event District shall be entitled to recover from Lessee all damages incurred by District by reason of Lessee's default, including without limitation thereto, the following: (a) the worth at the time of award of any unpaid rent which has been earned at the time of such termination; plus (b) the worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that is proved could have been reasonably avoided; plus (c) any other amount necessary to compensate District for all the detriment proximately caused by Lessee's failure to perform any obligations under this Lease or which in the ordinary course of events would be likely to result therefrom; plus (d) at District's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable State law. Upon any such re-entry District shall have the right to make any reasonable repairs, alterations or modifications to the Premises, which District in its sole discretion deems reasonable and necessary. As used in (a) above, the "worth at the time of award" is computed by allowing interest at the rate of ten percent (10%) per annum from the date of default. As used in (b), the "worth at the time of award" is computed by discounting such amount at the discount rate of the U.S. Federal Reserve Bank Page 14 Initial, ,,, Initial• at the time of award plus one percent (1%). The term "rent," as used in this Section 18, shall be deemed to be and to mean the rent to be paid pursuant to Section 5 and all other monetary sums required to be paid by Lessee pursuant to the terms of this Lease. All rights, options and remedies of District contained in this Lease shall be construed and held to be cumulative, and no one of them shall be exclusive of the other, and District shall have the right to pursue any one or all of such remedies or any other remedy or relief which may be provided by law, whether or not stated in this Lease. No waiver of any default of Lessee hereunder shall be implied from any acceptance by District or any rent or other payments due hereunder or any omission by District to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect defaults other than as specified in said waiver. The consent or approval of District to or of any act by Lessee requiring District's consent or approval shall not be deemed to waive or render unnecessary District's consent or approval to or of any subsequent similar acts by Lessee. 20. CONDEMNATION. If all or any part of the Premises shall be taken or appropriated for public or quasi-public use by right of eminent domain with or without litigation or transferred by agreement in connection with such public or quasi-public use, ether party hereto shall have the right at its option exercisable within thirty (30) days of receipt of notice of such taking to terminate this Lease as of the date possession is taken by the condemning authority; provided, however, that before Lessee may terminate this Lease by reason of taking or appropriation as provided hereinabove, such taking or appropriation shall be of such an extent and nature as to substantially handicap, impede or impair Lessee's use of the Premises. If any part of the Building other than the Premises shall be so taken or appropriated, District shall have the right at its option to terminate this Lease. No award for any partial or entire taking shall be apportioned, and Lessee hereby assigns to District any award which may be made in such taking or condemnation, together with any and all rights of Lessee now or hereafter arising in or to the same or any part thereof; provided, however, that nothing contained herein shall be deemed to give District any interest in or to require Lessee to assign to District any award made to Lessee for the taking of personal property and fixtures belonging to Lessee and/or the interruption of or damage to Lessee's business and/or for Lessee's unamortized cost of leasehold improvements and/or for Lessee's loss of goodwill and/or moving expenses. In the event of a partial taking which does not result in a termination of this Lease, rent shall be abated in the proportion which the part of the Premises so made unusable bears to the rented area of the Premises immediately prior to the taking District, at District's sole cost, will make Premises suitable for Lessee's use. No temporary taking of the Premises and/or of Lessee's rights herein or under this Lease shall terminate this Lease or give Lessee any right to any abatement of rent thereunder; and any award made to Lessee by reason of any such temporary taking shall belong entirely to Lessee and District shall not be entitled to share therein. f Page 15 tvtt. 21. LATE CHARGES. 21.1 Lessee hereby acknowledges that late payment by Lessee to District of rent and other sums due hereunder not paid within five(5) calendar days of the due date of such payment will cause District to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include but are not limited to, processing and accounting charges, and late charges which may be imposed on District by the terms of any mortgage or trust deed covering the Premises. Accordingly, in the event that Lessee shall fail to pay to District within five (5) days of the date when due any payment owing to District pursuant to the terms of this Lease, said late payment shall bear interest at the rate of ten percent(100/6) per annum from the date due and payable until the same shall have been fully paid and, in addition: 21.1 Service Charge. For each such payment to District not paid within five (5) days following the date of said payment Lessee shall pay to District a service charge in the amount of Five Hundred Dollars($500.00); and 21.2 District's Option. Following each second consecutive late payment of rent, District shall have the option (a) to require that beginning with the.first payment of rent due following the date such late payment was due, rent shall no longer be paid in monthly installments but shall be payable three (3) months in advance until twelve (12) months have elapsed with no late payment, at which time the rent will revert to payment in monthly amounts. 22. DISTRICT'S PERFORMANCE OF LESSEE'S OBLIGATIONS. Should Lessee fail to pay and discharge, when due and payable, any tax or assessment, or any premium or other charge in connection with any insurance policy or policies which Lessee is obligated to pay, or any lien or claim for labor or material employed or used in, or any claim for damages arising out of the repair, alternation, maintenance and use of the Premises, as provided in this Lease, after ten (10) days written notice from District, then District may, at its option, and without waiving or releasing Lessee from any of Lessee's obligations hereunder, pay any such tax, assessment, lien, claim, insurance premium or charge, or settle or discharge any action therefore or satisfy any judgment thereon. All costs, expenses and other sums, incurred or paid by District in connection therewith, together with interest at the rate of ten percent(10%) per annum on such costs, expenses and sums from the date incurred or paid by District, shall be deemed to be an additional charge hereunder and shall be paid by Lessee with and at the same time as the next installment of rent hereunder, and any default therein shall constitute a breach of the covenants and conditions of this Lease. 23. COST OF SUIT. In the event that any action shall be instituted by either of the parties hereto for the endorsement of any of its rights or remedies in and under this Lease, or any facts based upon or involving same, the prevailing party, whether in court or by way of out- of-court settlement, shall be entitled to recover from the nonprevailing party or parties such prevailing party's attorney fees, court costs, expert witness fees and/or other expenses relating to such controversy, including attorney's fees, court costs and/or expenses on appeal, if any. Page 16 Initials Initiate 24. ESTOPPEL STATEMENT. Lessee shall at any time and from time to time upon not less than ten (10) days prior written notice from District execute, acknowledge and deliver to District a statement in writing, (a) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such, modification and certifying that this Lease as so modified, is in full force and effect), and the date to which the rental and other charges are paid in advance, if any, and (b) acknowledging that there are not, to Lessee's knowledge, any uncured defaults on the part of the District hereunder, or specifying such defaults if any are claimed. Any such statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the real property of which the Premises are a part. 25. PARING. Lessee shall have the right to use, in common with District and other Lessees or occupants of the Building, their pro-rata portion of the parking facilities of the Building, at no additional cost, which is hereby agreed to be nine(9)unassigned parking spaces and includes use of spaces designated for handicapped parking as necessary. Such parking spaces shall be subject to the rules and regulations of District, which may be established or altered by District at any time or from time to time during the term hereof and shall be effective upon written notice to Lessee. 26. AUTHORITY OF PARTIES. 26.1 Lessee represents that it is a corporation duly authorized to conduct business in California. Each individual executing this Lease on behalf of said corporation represents and warrants that such individual is duly authorized to execute and deliver this Lease on behalf of said corporation, in accordance with a duly adopted resolution of the Board of Directors of said corporation or in accordance with the by-laws of said corporation, and that this Lease is binding upon said corporation in accordance with its terms. 26.2 District represents that it is a special district formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code and is authorized by Section 5540 therein to, inter alia., lease real property in furtherance of District purposes. The individual executing this Lease on behalf of District is duly authorized to execute and deliver this Lease and to do such other acts as are necessary or convenient to accomplish such matter. 27. NOTICES. All notices and demands which may or are to be required or permitted to be given by either party to the other hereunder shall be in writing. All notices and demands by the District to the Lessee shall be sent by United States Mail, postage prepaid, addressed to the Lessee at the Premises, or to such other place as Lessee may from time to time designate in a notice to the District. All notices and demands by the Lessee to the District shall be sent by United States Mail, postage prepaid, addressed to the District at the Building, or to such other person or place as the District may from time to time designate by notice to Lessee. 28. SUBORDINATION. Lessee covenants and agrees that it will execute, without further consideration, any and all instruments desired by District or District's mortgagee, creditor, or Page 17 lniwt. EniUBi, Lessor, subordinating this Lease in the manner requested by District to all ground or underlying leases and the Hen of any mortgage and/or any deed of trust or other encumbrance which may hereafter affect the Premises together with all renewals, modifications, consolidations, replacements or extensions thereof, provided that any Hen or encumbrancer relying on such subordination or such additional agreements will covenant with Lessee that this Lease shall remain in full force and effect and Lessee shall not be disturbed in the event of sale or foreclosure so long as Lessee is not in default hereunder. Lessee agrees to attom to the successor in interest of District following any transfer of such interest either voluntarily or by operation of Law and to recognize such successor as the District under this Lease. However, if District or any such ground District or mortgagee so elects, this Lease shall be deemed prior in Hen to any ground lease, mortgage, deed of trust or other encumbrance upon or including the Premises regardless of date of recording and Lessee will execute a statement in writing to such effect at Districts request. District is hereby irrevocably appointed and authorized as agent and attorney-in fact of Lessee to execute all subordination instruments in the event Lessee fails to execute said instruments within ten (10) days after notice from District demanding the execution thereof. 29. TRANSFER BY DISTRICT. The term "District" as used in this Lease, so far as covenants or obligations on the part of District are concerned, shall mean and include only the owner or owners at the time in question of the Premises, and in the event of any transfer or transfers of the title to the Premises, District herein named (and in case of any subsequent transfers or conveyances, the then grantor), except as hereinafter provided, shall be automatically freed and relieved from and after the date of such transfer or conveyance, of all personal liability as respects the performance of any covenants or obligations on the part of District contained in the Lease thereafter to be performed; provided that any funds in which Lessee has an interest which are in the hands of such District or the then grantor at the time of such transfer shall be turned over to the grantee, and any amount then due and payable to Lessee by District or the then grantor under any provisions of this Lease shall be paid to Lessee. It is intended hereby that the covenants and obligations contained in this Lease on the part of District shall, subject to the foregoing, be binding on District, its successors and assigns, only during and in respect of their respective successive periods of ownership. 30. INABILITY TO PERFORM. This Lease and the obligation of Lessee to pay rent hereunder and to keep, observe and perform all of the other terms, covenants, conditions, provisions and agreement of this Lease on the part of Lessee to be kept, observed or performed shall in nowise be affected, impaired or excused because District is unable to fulfill any of its obligations under this Lease or to supply or is delayed in supplying any service expressly or impliedly to be supplied or is unable to supply or is delayed in supplying any equipment or fixtures, if District is prevented or delayed from doing so by reason of strike or labor troubles, unavailability of materials, riots, rebellion, insurrection, invasion, war, action or interference of governmental authorities, acts of God or any other cause whether similar or dissimilar of the foregoing which is beyond the control of District. Page 18 Initials Initials 3 1. SURRENDER OF PREMISES. The voluntary or other surrender of this Lease by Lessee, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of the District, terminate all or any existing subleases, or subtenancies, or may, at the option of District, operate as an assignment to it of any or all such subleases or subtenancies. 32. RULES AND REGULATIONS. Lessee and Lessee's agents, savants, employees, visitors and licensees shall observe and comply fully and faithfully with all reasonable and nondiscriminatory rules and regulations adopted by District for the care, protection, cleanliness and operation of the Building and its Lessees, including those rules and regulations attached to this Lease as Exhibit "B" and incorporated herein by this reference, and any modification or addition thereto adopted by District, provided District shall give written notice thereof to Lessee. District shall not be responsible to Lessee for the nonperformance by any other Lessee or occupant of the Building of any of said rules and regulations. 33. SCOPE AND AMENDMENTS. This Lease is and shall be considered to be the only agreement between the parties hereto. All negotiations and oral agreements acceptable to both parties are included herein. No amendment or other modification of this Lease shall be effective unless in a writing signed by District and by Lessee. 34. GENERAL PROVISIONS. 34.1 Waiver. No waiver of any default or breach of any covenant by either party hereunder shall be implied from any omission by either party to take action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the waiver, and then said waiver shall be operative only for the time and to the extent therein stated. Waivers of any covenant, term or condition contained herein by either party shall not be construed as a waiver of any subsequent breach of the same covenant term or condition. The consent or approval by either party to or of any act by either party requiring further consent or approval shall not be deemed to waiver or render unnecessary their consent or approval to or of any subsequent similar acts. 34.2 Accord and Satisfaction. No payment by Lessee or receipt by District of a lesser amount than the rent payment herein stipulated shall be deemed to be other than on account of the rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and District may accept such check or payment without prejudice to District's right to recover the balance of such rent or pursue any other remedy provided in this Lease. 343 Individual Liability. The obligations of District under this Lease do not constitute personal obligations of the employees, officers or directors of the District, and Lessee shall look solely to the real estate that is the subject of this Lease and to no other assets of District for satisfaction of any liability in respect of this Lease and will not seek recourse Page 19 Initws against the employees, officers or directors of the District or any of their personal assets for such satisfaction. 34.4 Time. Time is of the essence hereof. 34.5 Captions; Attachments; Defined Terms. 34.5.1 The captions of the Sections of this Lease are for convenience only and shall not be deemed to be relevant in resolving any question of interpretation or construction of any Section of this Lease. 34.5.2 Exhibits attached hereto, and addendum and schedules initialed by the parties, are deemed by attachment to constitute part of this Lease and are incorporated herein. 34.5.3 The words "District" and "Lessee", as used herein shall include the plural as well as the singular. Words used in neuter gender include the masculine and feminine and words in the masculine or feminine gender include the neuter. If there be more than one District or Lessee, the obligations hereunder upon District or Lessee shall be joint and several; as to a Lessee which consists of husband and wife, the obligations shall extend individually to their sole and separate property as well as community property. The term "District" shall mean only the owner or owners at the time in question of the fee title or a Lessee's interest in a ground lease of the land underlying the Building. The obligations contained in this Lease to be performed by the District shall be binding on District successors and assigns only during their respective period of ownership. 34.6 Severability. If any term, covenant, condition or provision of this Lease, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the terms, covenants, conditions, or provisions of this Lease, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 34.7 Applicable Law. This Lease, and the rights and obligations of the parties hereto, shall be construed and enforced in accordance with the laws of the State in which the Premises are located. 34.8 Examination of Lease. Submission of this instrument for examination or signature by Lessee does not constitute a reservation of or option to lease, and it is not effective as a lease or otherwise until execution and delivery by both District and Lessee. 34.9 Quiet Possession. Provided Lessee has performed all of the terms, covenants, agreements and conditions of this Lease, including the payment of rental and all other sums due hereunder, Lessee shall peaceably and quietly hold and enjoy the Premises against District and all persons claiming by, through or under District, for the term herein described Page 20 wtws 4 Wtiah , subject to the provisions and conditions of this Lease. Lessee's right to use the Premises as herein provided shall be subject to restrictions or other limitations or prohibitions resulting from any laws, statutes, ordinances, and governmental rules, regulations or requirements now in force or which may hereafter be in force, and no such event shall in any way affect this Lease, abate rent, relieve Lessee of any liabilities or obligations under this Lease or give rise to any claim whatsoever against District. 34.10 Light and Air Easement. Any diminution or shutting off of light or air by any structure which may be erected on lands adjacent to the Building shall in no way affect this Lease, abate rent or otherwise impose any liability on District. 35. BROKERS. 35.1 Brokers. Lessee warrants that it has had no dealing with any real estate broker or agents in connection with the negotiation of this Lease excepting only the Staubach Company and BT Commercial and it knows of no other real estate broker or agent who is entitled to a commission in connection with this Lease. 35.2 Commission. District shall be responsible for any real estate commission or other related costs or fees in this transaction due to BT Commercial. Lessee agrees to and does hereby indemnify and hold District harmless from and against any and all other costs, liabilities, losses, damages, claims, causes of action or proceedings which may result from any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of Lessee in connection with this transaction. 1il Page 21 Initials Initials The parties hereto have executed this Lease on the dated specified immediately adjacent to their respective signatures. "Lessee": DrugAbuse Science, Inc. 330 Distel Circle, Suite 150 Los Altos, California 94022 Telephone: (650) y-L Z _ t o a F e: (650) By: Dated: Title: �= "District": Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, California 94022 Telephone: (650) 691-1200 Facsimile: (650) 691-0485 By: Dated: L. Craig Britton General Manager Page 22 Initials Initials I EDIT A DIAGRAM OF LEASE PREMISES I I - , I I , CONF ACOM ' XlTCHEN i_ - -� LI - --- -- ! 1 BMER -1 r- - I ECUIP. ` I < ;� 1 - - -' I- I L- ---,-�--7 - - - - - - ( MENS ' I WCMIENS RENTAL SPACE -- -- " I 1 1 SHCWE - - - T - CON .ROOM ! SORE ROOM � P �S� RECEP. I FX SI - � I I - - - - - - - - - - -- - - ---. -- - - --- - - - - - - - C , ' CO NF ROAM ' OUI `A _ _ - _ - _ � � _ WO K 1 ` 1 SP CE 1 , L" �J - - - - - -- - - - - - - - - - D-C.Uhri Suite 150 330 Distel Circle Los Altos, California 94022 Initw3 EXHMIT B RULES AND REGULATIONS 1. No new or additional sign, placard, picture, advertisement, name or notice shall be inscribed, displayed or printed or affixed on or to any part of the outside or inside of the Building without written consent of District first had and obtained and Lessee shall be provided space for signage on the road side monument and front entrance subject to District's approval and consistent with building standards (note wood design). All costs of signage shall be the responsibility of Lessee. All approved signs or letter on doors shall be printed, painted, affixed or inscribed at the expense of the Lessee unless otherwise agreed. Lessee shall not place anything or allow anything to be placed near the glass of any window, door, partition or wall which may appear unsightly from outside the -Premises, provided, however, that District may furnish and install a Building standard window covering at all exterior windows. Lessee shall not without prior written consent of District cause or otherwise sunscreen any window. 2. The sidewalks, halls, passages, exits, entrances, elevators and stairways shall not be obstructed by any of the Lessees or used by them for any purpose other than for ingress and egress from their respective Premises. 3. Lessee shall not alter any exterior lock or install any new or additional exterior locks or any bolts on any doors or windows of the Premises. Lessee shall have the right to install a security system for its computer facilities and nothing herein contained shall abrogate or modify the right to do so. 4. The toilet rooms, urinals, wash bowls and other apparatus shall not be used for any purpose other than for which they were constructed and no foreign substance of any kind whatsoever shall be thrown therein and the expense of any breakage, stoppage or damage resulting from the violation of the rule shall be borne by the Lessee who, or whose employees or invitees shall have caused it. 5. Lessee shall not overload the floor of the Premises or in any way deface the Premises or any part thereof. 6. No furniture, freight or equipment of any kind shall be brought into the common areas of the Building without prior notice to District and all moving of the same shall be done at such time and in such manner as District shall designate. District shall have the right to prescribe the weight, size, and position of all safes and other heavy equipment brought into the Building and also the times and manner of moving the same in and out of the Building. Safes or other heavy objects shall, if considered necessary by District, stand on supports of such thickness as Page 24 Initials Initials i is necessary to properly distribute the weight. District will not be responsible for loss or damage to any such safe or property from any cause and all damage done to the Building by moving or maintaining any such safe or other property shall be repaired at the expense of the Lessee. 7. Lessee shall not use, keep or permit to be used or kept any foul or noxious gas or substance in the Premises, or permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to the District or other occupants of the Building by reason of noise, odors and/or vibrations, or interface in any way with other Lessees or those having business therein, nor shall any animals or birds be brought in or kept in or about the Premises or the Building. 8. No cooking shall be done or permitted by any Lessee on the Premises, nor shall the Premises be used for the storage of merchandise, for washing clothes, for lodging, or for any improper, objectionable or immoral purposes. The brewing of coffee or tea or the use of a microwave oven shall not be considered "cooking". 9. Lessee shall not use or keep in the Premises or the Building any kerosene, gasoline or inflammable or combustible fluid or material, or use any method of heating or air conditioning other than that supplied by District. 10. District will direct electricians as to where and how telephone and telegraph wires are to be introduced. No boring or cutting for wires will be allowed without the consent of the District. The location of telephones, call boxes and other office equipment affixed to the Premises shall be subject to the approval of District, but consent is hereby given to install facilities reasonably necessary to the installation of the telephone and computer system within the Premises. 11. On Saturdays, Sundays and legal holidays, and everyday between the hours of 6:00 p.m. and 8:00 a.m. the following day, access to the Building or to the halls, corridors, elevators or stairways in the Building, or to the Premises may be refused unless the person seeking access is known to the person or employee of the Building in charge and has a pass or is properly identified. The District shall in no case be liable for damages for any error with regard to the admission to or exclusion from the Building of any person. In case of invasion, mob, riot, public excitement, or other commotion, the District reserves the right to prevent access to the Building during the continuance of the same by closing of the doors or otherwise, for the safety of the Lessees and protection of property in the Building and the Building. 12. District reserves the right to exclude or expel from the Building any person who, in the judgment of District, is intoxicated or under the influence of liquor or drugs, or who shall in any manner to any act in violation of any of the rules and regulations of the Building. Lessee, Lessee's invitees, customers, agents, employees, or guests shall not disrupt or annoy or cause a disturbance to the operations of the District. Page 25 WtW: 6 Waals I 13.No vending machine or machines of any description shall be installed, maintained or operated upon the Premises without the written consent of the District. 14. District shall have the right, exercisable without notices and without liability to Lessee, to change the name and street address of the Building of which the Premises are a part. 15. Lessee shall not disturb, solicit, or canvass any occupancy of the Building and shall cooperate to prevent same. 16. Without the written consent of District, Lessee shall not use the name of the Building in connection with or in promoting or advertising the business of Lessee except as Lessee's address. 17. District shall have the right to control and operate the public portions of the Building, and the public facilities, and heating and air conditioning as well as facilities furnished for the common use of the Lessees, in such manner as it deems best for the benefit of the Lessees generally. 18. All entrance doors in the Premises shall be left locked when the Premises is not in use, and all doors opening to public corridors shall be kept closed except for normal ingress and egress from the Premises. 19. Lessee shall not bring any animal or pet into the building or anywhere on the property 20. Lessee shall comply with applicable municipal ordinances regulating smoking in places of employment. Smoking within the Premises and common areas is prohibited. Page 26 Initials Initials DRUGABUSE SCIENCES,INC. CERTIFICATE OF SECRETARY The undersigned, Jeffrey P. Higgins, hereby certifies as follows: 1. He is the duly elected,qualified and acting Secretary of DrugAbuse Sciences, Inc., a California corporation(the "Company'). 2. Philippe Pouletty, M.D. is the Chairman and Chief Executive Officer of the Company and is authorized to sign leases or similar documents on behalf of the Company. 3. The signature below is the true signature of the Philippe Pouletty, M.D. NM TITLE SIGNAIERE Philippe Pouletty, Chairman and Chief Executive M.D. Officer / IN WITNESS WHEREOF, the undersigned has executed this Certificate this 18 day of February, 2000. L w Je I gins, Se re f GDSVF&H\222941.1 1 - - ................. 2891 ABUSE SCIENCES, INC. IBRIEN DR. STE- E 90-7811211 rDR G U 1 430 0 MENLO PARK,CA 94025 DITI " T T T,E, L. J�k4, 2"' 0 TH ORDER OF L{JzlIJ-XkvA.,&,v.L, a7,,d_T/—Q2k0—LLARS 8 s.............. Menlo P-k Offi- 900 SAIWA CRUZ AVENUE MENLO PARK,CkWOR.NL-k 94025 BAIHK%WEST 1-300-439-2265 FOR 1: 1211007821: 21391 02500071361" &MLI UGABUSE SCIENCES MARIE-ANNICK GLON Assoc.Director of 1430 O'Brien Drive,Suite E Administrative Services Menlo Park,CA 94025 Tel:510.789.4312 Fax:510.789.4412 Y E OLe Z-—k Cell.650.362-i 5 7 S7-S—Z) mglongsangstat.com wwvv drug a busescience s.c om Pit-- I - _._ __ .� I �'� � R C ',,,,. 1' .. �.� f. i .. 4, { }„ j OFFICE BUILDING LEASE 1. PARTIES. This Lease dated as of February 9, 2000, is made by and between the Nfidpeninsula Regional Open Space District, a special district formed pursuant to Section 5500, et seq., of the California Public Resources Code ("District") and DrugAbuse Sciences Inc., a California Corporation("Lessee"). 2. PREMISES. District hereby leases to Lessee, and Lessee hereby leases from District, that certain office space (hereinafter, "Premises"), the area of which is shown by outline on Exhibit "A", attached hereto and incorporated herein by this reference. It is agreed that said Premises, for the purpose of this Lease, have an area of approximately 2,487 square feet, situated on the ground floor of that certain office building ("Building") known as 330 Distel Circle, Los Altos, California. Said Premises are more precisely identified as Suite 150 of said Building. The Premises exclude the access ways and pipes, ducts, conduits, wires and appurtenant fixtures serving, exclusively or in common, other parts of the Building. By taking possession of the Premises, Lessee accepts the improvements as complete except as otherwise provided herein. 3. TERM. The term of this Lease shall be for 36 months, commencing on March 1, 2000 (the "Commencement" or "Commencement Date") and ending February 28, 2003 unless sooner terminated pursuant to this Lease. 4. POSSESSION. 4.1 If District for any reason whatsoever, cannot initially deliver possession of the Premises to Lessee at the Commencement of the term hereof this Lease shall not be void or voidable nor shall District be liable to Lessee for any loss or damage resulting therefrom, nor shall the expiration date of the above term be in any way extended, but, in that event, all rent shall be abated during the period between the Commencement of said term and the time when District delivers possession. 4.2 In the event that District shall permit Lessee to occupy the Premises prior to the Commencement Date of the term, such occupancy shall be subject to all of the provisions of this Lease, except for the payment of rent, and said early possession shall not advance the termination date hereinabove provided. In the event Lessee occupies the Premises prior to the Commencement Date of the term for the purpose of installation of Lessee's trade fixtures and equipment in the Premises, or otherwise, such use or occupancy shall be pursuant to the express conditions that (a) Lessee's early entry shall not interfere with District's work or construction or cause labor difficulty; (b) Lessees shall pay for and provide evidence of the insurance coverage required pursuant to Section 10 hereof, and (c) Lessees shall pay utility charges reasonably allocated to Lessee by District. Lessee shall not commence the operation of business prior to the Commencement Date of the term without express prior written consent of District. Page I Initial.. Ini I 5. RENT. 5.1 Lessee shall pay to District as rent for the Premises, without demand, deduction, abatement or set-off, except as expressly permitted herein, the sum of Eight Thousand Seven Hundred Four and 50/100 Dollars ($8,704.50) on or before the first day of each and every calendar month of the term of this Lease, the first monthly payment to be made concurrently with the execution hereof. If the Lease termination date is not the last day of a month, the rent payable hereunder shall be prorated on a daily basis at the then current rate for the fractional month during which this Lease terminates. Said rent shall be paid to District in lawful money of the United States of America, which shall be legal tender at the time of payment at the District office in the Building, or to such other person or at such other place as District may from time to time designate in writing. 5.2 Rent Increase. 5.2.1 Upon the first anniversary of the Commencement Date of this lease and annually on such date thereafter, the monthly Rent payable under Section 5.1 of this Lease shall be adjusted by the greater of, four (4%) of the previous period Rent, or the percentage increase, if any, in the Consumer Price Index of the Bureau of Labor Statistics of the United States Department of Labor for All Urban Consumers (1982-84=100), "All Items,"for San Francisco-Oakland-San Jose Bay Area, herein referred to as "C.P.I.", since the Commencement Date of this Lease or since the last annual adjustment, as appropriate. 5.2.2 The monthly Rent payable pursuant to Section 5.1 shall be increased pursuant to Section 5.2.1 as follows: the Rent payable for the first month of the term of this Lease, or the month in which it was last adjusted, shall be multiplied by a fraction, the numerator of which shall be the C.P.I. of the calendar month during which the adjustment is to take effect, and the denominator of which shall be the C.P.I. for the calendar month in which the original Lease term commenced or in which it was last adjusted. The sum so calculated shall constitute the new monthly Rent under Section 5 hereof; but, in no event, shall such new monthly Rent be less than a four (4%) increase over the previous period Rent nor greater than a seven (7%) increase over the previous period Rent. 5.2.3 In a vent the compilation the ataon and/or publication of the C.P.I. shall be transferred to P any other governmental department or bureau or agency or shall be discontinued, then the index most nearly the same as the C.P.I. shall be used to make such calculations. In the event that District and Lessee cannot agree on such alternative index, then the matter shall be submitted for decision to the American Arbitration Association in the County of Santa Clara, or, if such does not exist, an arbitration service substantially similar thereto, in accordance with the then rules of said association and the decision of the arbitrators shall be binding upon the parties, notwithstanding one party failing to appear after due notice of the proceeding. The cost of said Arbitrators shall be paid equally by District and Lessee. Page 2 Initiate Initiab 5.2.4 Lessee shall continue to pay the rent at the rate previously in effect, plus the minimum annual rent increase of four percent (4%), until the amount of the C.P.I. increase, if any, is determined. Within five (5) days Mowing the date on which the increase is determined, Lessee shall make such payment to District as will bring the increased rental current, commencing with the effective date of such increase through the date of any rental installments then due. Thereafter the rent shall be paid at the increased rate. 6. SECURITY DEPOSIT. Concurrently with the execution of this Lease, Lessee has deposited with District the sum of Eighteen Thousand Dollars ($18,000.00), in the form of an Irrevocable Letter of Credit acceptable to District, receipt of which is hereby acknowledged, to secure the faithful performance by Lessee of all of the terms, covenants and conditions of this Lease by Lessee to be kept and performed during the term hereof. Lessee agrees that if it shall fail to pay when due any installment of rent or any other sums provided in this Lease to be paid by Lessee to District, or if Lessee shall default in or breach any of the other terms, covenants and conditions of this Lease and District shall suffer any damages as a result of said default or breach, then in any such event District may, at its option (but District shall not be required to) draw upon said Irrevocable Letter of Credit for any rent or other sum due and unpaid by Lessee to District hereunder, for any damage suffered by District as a result of such default or breach to the extent of the amount of damage suffered by District, or for any reasonable attorney's fees incurred by District in connection with such default or breach. Should the Irrevocable Letter of Credit be drawn upon by District as herein provided, then Lessee, without the need for written demand by District, shall forthwith remit a sufficient amount in cash to restore said security deposit to its original amount, and Lessee's failure to do so within ten (10) days after such demand shall constitute a breach of this Lease. Should Lessee comply with all of the terms, covenants and conditions of this Lease and promptly pay all rental herein provided for as it falls due and all other sums payable by Lessee to District hereunder, the un-appropriated balance of said security deposit shall be returned to Lessee at the expiration of the Term of this Lease or upon any earlier termination. Should District sell its interest in the Premises during the term hereof and if District deposits with the purchaser thereof the then un-appropriated funds deposited by Lessee as aforesaid, thereupon District shall be discharged from any further liability with respect to such deposit. 7. TAXES. 7.1 Property Taxes: The term "property taxes," as used in this Lease, is defined as all real estate taxes or personal property taxes levied with respect to the Building and the land, and any improvements, fixtures and equipment and other property of the District, real or Personal, located in the Building and used in connection with the operation of the Building and the land, or any tax, general or special assessment, or other charge of any description imposed upon or in respect of the Building and the land, including without limitation, a tax upon any rent therefrom or any occupancy or use thereof, or a tax in lieu of or in addition to real estate or personal property taxes. Page 3 7.2 Personal Property and Ad Valorem Taxes. Lessee hereby agrees to pay all taxes which may be levied with respect to Lessee's personal property located upon the Premises, including without limitation, the portion of the improvements to the Premises the cost of which was borne by Lessee, furniture, office equipment and other furnishings. 7.3 Possessory Interest Tax. The property interest created herein may be subject to property taxation and Lessee may be subject to payment of property taxes levied on such possessory interest. Lessee shall be responsible for any Possessory Interest Tax arising out of or in any way created by this Lease. Lessee's rent shall be reduced by the amount of any such Possessory Interest Tax in the month following actual payment by Lessee of such tax or if no rent due in cash, and upon submittal of a copy of the bill evidencing such obligation and a copy of the check evidencing such payment. 8. USE OF PREMISES. 8.1 Use. The Premises shall be used and occupied by Lessee for general office purposes, including without limitation, marketing, accounting, tracking of regulatory control, investor relations, business development and related clerical functions and for no other purpose without the prior written consent of District. 8.2 Suitability. Lessee acknowledges that neither District nor any agent of District has made any representation or warranty with respect to the Premises or the Building or with respect to the suitability of either for the conduct of Lessee's business, nor has District agreed to undertake any modification, alteration or improvement to the Premises except as provided in this Lease. The taking of possession of the Premises by Lessee shall conclusively establish that the Premises and the Building were at such time in satisfactory condition unless within fifteen (15) days after such date Lessee shall give District written notice specifying in reasonable detail the respects in which the Premises or the Building were not in satisfactory condition. To District's knowledge, the Premises are in compliance with all rules, regulations and ordinances whether federal, state or local. 8.3 Uses Prohibited. 8.3.1 Premises shall not be used for retail sales, warehousing, manufacturing, or patient treatment facilities. 8.3.2 Lessee shall not do or permit anything to be done in or about the Premises nor bring or keep anything therein which will in any way increase the existing rate or affect any fire or other insurance upon the Building or any of its contents, or cause a cancellation of any insurance policy covering said Building or any part thereof or an of its contents nor shall Lessee sell or permit to ke pt e t used or 1 Y P P sold in or about said Premises any articles or substance, inflammable or otherwise, which may be prohibited by a standard form policy of fire insurance. 8.3.3 Lessee shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other Lessees or occupants Page 4 4 InitWs of the Building or injure or annoy them or use or allow the Premises to be used for any unlawful or objectionable purpose, nor shall Lessee cause, maintain or permit any nuisance in or about the Premises. Lessee shall not commit or suffer to be committed any waste in or upon the Premises. 8.3.4 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 law, statute, ordinance or governmental rule or regulation or requirement of duly constituted public authorities now in force or which may hereafter be enacted or promulgated. Lessee shall at its sole cost and expense promptly comply with all laws, statutes, ordinances and governmental rules, regulations or requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the condition, Lessee's particular use or occupancy of the Premises, excluding structural changes not relating to or affecting the condition, use or occupancy of the Premises, or not related or afforded by Lessee's improvements or acts. The judgment of any court of competent jurisdiction or the admission of Lessee in any action against Lessee, whether District be a party thereto or not, that Lessee has violated any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of the fact as between District and Lessee. 9. SERVICES AND UTILIMS. 9.1 District's Obligations. District agrees to furnish to the Premises during the hours of 8:OOAM — 6:OOPM, generally recognized business days of Monday through Friday excepting major holidays, and subject to the Rules and Regulations of the Building, water, gas and electricity suitable for the intended use of the Premises, heat and air conditioning required in District's judgment for the comfortable use and occupancy of the Premises, scavenger, janitorial and window washing service and security customary in similar buildings in the competing geographical area. District shall also maintain and keep lighted the common entries and toilet rooms in the Building. 9.2 Lessee's Obligation. Lessee shall pay for, prior to delinquency, all telephone and all other materials and services, not expressly required to be paid by District, which may be furnished to or used in, on or about the Premises during the term of this Lease. 9.3 Lessee's Additional Requirements. 9.3.1 Lessee will not, without the prior written consent of District not unreasonably withheld, and subject to any conditions which District may impose, use any apparatus or device in the Premises, including but without limitation therefor, electronic data processing machines, punch card machines and machines using current in excess of 110 volts, which will in any way increase the amount of electricity or water usually furnished or supplied for use of the Premises as general office space. Lessee shall not connect with electrical current, except through Page 5 Initials U- existing electrical outlets in the Premises, or connect to water pipes, any apparatus or device for the purposes of using electric current or water. 9.3.2 If Lessee shall require water or electric current in excess of that usually furnished or supplied for use of the Premises as general office space, Lessee shall first procure the consent of District for the use thereof; which consent District may not unreasonably withhold. District may cause a water meter or electric current meter to be installed in the Premises, so as to measure the amount of water and electric current consumed for any such other use. The costs of such meters and of installation, maintenance and repair thereof shall be paid for by Lessee and Lessee agrees to pay District promptly upon demand by District for all such water and electric current consumed as shown by said meters, at the rate charged for such services by the city in which the Building is located or the local public utility as the case may be, furnishing the same, pays any additional expense incurred in keeping account of the water and electric current to consumed. 9.3.3 Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, District reserves the right to install supplementary air conditioning units in the Premises and the cost thereof; including the cost of installation, operation and maintenance thereof shall be paid by Lessee to District upon demand by District. 9.4 Nonliability For Failure To Provide Services or Utilities. District shall not be liable for, and Lessee shall not be entitled to, any abatement or reduction of rent by reason of District's failure to furnish any of the foregoing when such failure is caused by accidents, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause similar or dissimilar, beyond the reasonable control of District. District shall not be liable under any circumstances for loss of or injury to property, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing, except for loss arising due to District's or District's agents, employees or contractors active negligence or willful misconduct. 10. INSURANCE. 10.1 Coverage. Lessee shall assume the risk of damage to any fixtures, goods, inventory, merchandise, equipment, furniture and leasehold improvements, and District shall not be liable for injury to Lessee's business or any loss of income therefrom relative to such damage. Lessee shall, at all times during the term of this Lease, and at its own cost and expense, procure and continue in force the following insurance coverage: 10.1.1 Comprehensive general liability insurance, insuring District and Lessee against any liability arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto in an amount of not less than Two MMon Dollars ($2,000,000.00) per occurrence. Page 6 Iniciar.�.? rnia�2f' 10.1.2 Fire and extended coverage insurance including vandalism and malicious mischief coverage, in an amount equal to the full replacement value of all fixtures, furniture and improvements installed b or at the expense of Lessee. P Y xP 10.2 Insurance Policies. The limits of said insurance policies shall not, however, limit the liability of the Lessee hereunder. Lessee may carry said Insurance under blanket policies; providing, however, said Insurance by Lessee shall have a District's protective liability endorsement attached thereto. If Lessee shall fail to procure and maintain said insurance. District may, but shall not be required to, procure and maintain same, but at the expense of Lessee. Insurance required hereunder shall be in companies rated A- or better in "Best's Insurance Guide." Lessee shall deliver to District prior to occupancy of the Premises copies of policies of insurance required herein or certificates evidencing the existence and amounts of such insurance with loss payable clauses, all such policies subject to District's approval which shall not be unreasonably withheld. No policy shall be cancelable or subject to reduction of coverage except after thirty (30) days prior written notice to District. 10.3 Waiver of Subrogation. As long as their respective insurers so permit, District and Lessee each hereby waive any and all rights of recovery against the other for any loss or damage occasioned to such waiving party or its property or the property of others under its control to the extent that such loss or damage is insured against under any fire or extended coverage insurance policy which either may have in force at the time of such loss or damage. Each party shall obtain any special endorsement, if required by their insurer, to evidence compliance with the aforementioned waiver. 11. MAINTENANCE AND REPAIRS. 11.1 District's Obligations. District shall maintain in good order, condition and repair the Building and all other portions of the Premises not the obligation of Lessee or any other Lessee in the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by District, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Lessee, it agents, servants, employees or invitees, in which case Lessee shall pay to District the reasonable cost of such maintenance and repairs. District shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for five (5) business days after written notice of the need of such repairs or maintenance is given to District by Lessee, provided such repairs or maintenance can be reasonably performed within five (5) business days. Except as provided in Section 18 hereof, there shall be no abatement of rent and no liability of District by reason of any injury to or interference with Lessee's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances and equipment therein. Lessee waives the right to make repair at District's expense under any law, statute or ordinance now or hereafter in effect. Page 7 �u i 11.2 Lessee's Obligations. By taking possession of the Premises, Lessee shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair, and Lessee's obligations to preserve the Premises are as follows: 11.2.1 Lessee at Lessee's sole cost and expense, except for services furnished by District pursuant to Section 9 hereon shall maintain the non-structural portion of the Premises in good order, condition and repair including the interior surfaces of the ceilings, walls and floors, all doors, interior windows, exterior windows at or below street level, all plumbing pipes, electrical wiring, switches, fixtures and special items in excess of building standard furnishings, and equipment installed by or at the expense of Lessee. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at District's expense or to terminate this Lease because of District's failure to keep the Premises in good order, condition and repair. 11.2.2 Upon the expiration or earlier termination of this Lease, Lessee shall surrender the Premises in the same condition as received, ordinary wear and tear and condemnation or damage by fire, earthquake, act of God or the elements alone excepted, and shall promptly remove or cause to be removed from the Premises and the Building, at Lessee's expense, any signs, notices and displays placed by Lessee. 11.2.3 Lessee agrees to repair any damage to the Premises or the Building caused by or in connection with the removal of any articles of personal property, business or trade fixtures, machinery, equipment, furniture, movable partitions, including without limitation thereto, repairing the floor and patching and painting the walls where required by District to Districts' reasonable satisfaction, all at Lessee's sole cost and expense. Lessee shall indemnify the District against any loss or liability resulting from delay by Lessee in so surrendering the Premises, including without limitation any claims made by any succeeding Lessee founded on such delay. 11.2.4 In the event Lessee fails to maintain the Premises in good order, condition and repair, District shall give Lessee notice to do such acts as are reasonably required to so maintain the Premises. In the event Lessee fails to promptly commence such work and diligently prosecute it to completion, then District shall have the right to do such acts and expend such funds at the expense of Lessee as are reasonably required to perform such work. Any amount so expended by District shall be paid by Lessee promptly after demand with interest at ten percent (10%) per annum from the date of such work. District shall have no liability to Lessee for any damage, inconvenience or interference with the use of the Premises by Lessee as a result of performing any such work. Page 8 ' Initials Initial' 12. ALTERATIONS AND ADDITIONS. 12.1 Lessee shall at Lessee's sole cost and expense, replace the existing carpet and paint the interior walls of the Premises. The colors of the carpet and paint shall be approved by District, which approval shall not be unreasonably withheld. Lessee shall be allowed to credit up to $7,200 of the carpet and paint costs against the rent payment due in the second month of the Lease Term. 12.2 Lessee shall make no other alterations, additions or improvements to the Premises or any part thereof, without obtaining the prior written consent of District. 12.3 District may impose as a condition to the aforesaid consent such requirements as District may deem necessary in its reasonable discretion, including with limitation thereto, the manner in which the work is done, a right of approval of the contractor by whom the work is to be performed, the times during which it is to be accomplished, and the requirement that upon written request of District prior to the expiration or earlier termination of the Lease, Lessee will remove any and all movable partitions, counters, personal property, equipment, fixtures and fizrniture, unless upon granting consent District agrees otherwise. 12.4 All such alterations, additions or improvements shall at the expiration or earlier termination of the Lease, become the property of District and remain upon and be surrendered with the Premises, unless specified pursuant to Section 11.2 above, or if upon granting consent, District agrees otherwise. 12.S All articles of personal property and all business and trade fixtures machinery and equipment, furniture and movable partitions owned by Lessee or installed by Lessee at its expense in the Premises shall be and remain the property of Lessee and may be removed by Lessee at any time during the Lease term when Lessee is not in default hereunder. 13. INDEMNIFICATION. Lessee shall indemnifyand hold harmless District from and against g an and all claims arising from Lessees use of the Premises or from the conduct of Lessees Y g , business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless District from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence of the Lessee, or any of Lessee's customers, directors, officers, invitees, licensees, agents, contractors or employees, and from and against all costs, attorneys fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against District by reason of any such claim. Lessee upon notice from District shall defend the same at Lessee's expense by counsel satisfactory to District. Lessee, as a material part of the consideration to District, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises arising from any cause, and Lessee hereby waives all claims in respect thereof against District except claims solely arising from willful or active negligent acts or omissions by District or its agents or employees. Lessee hereby agrees that District shall not be liable Page 9 41 Initia �� Y I Initia�g for injury to (a) Lessee's business or for any loss of income therefrom or damage to the goods, wares, merchandise or other property of Lessee, Lessee's customers directors officers, invitees, licensees or any other persons in or about the Premises, (c) Lessee's employees, agents or contractors, whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether the said damage or injury results from conditions arising upon the Premises or upon other portions of the Building, or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Lessee. District shall not be liable for any damages arising from any act or neglect of any other Lessee of the Building. 14. LIENS. Lessee shall not permit to be enforced against the Premises, any mechanics', materialmen's, contractors' or other liens arising from, or any claims for damages growing out of, any work of repair or alteration as herein authorized or otherwise arising (except from the actions of District), and Lessee shall pay or cause to be paid all of said liens and claims before any action is brought to enforce the same against District or the Premises; and Lessee agrees to indemnify and hold District and the Premises free and harmless from all liability for any and all such liens and claims and all costs and expenses in connection therewith. Lessee shall give District no less than ten (10) days prior notice in writing before commencing construction of any kind on the Premises so that District may post notices of nonresponsibility. 15. ASSIGNMENT AND SUBLETTING. 15.1 District's Consent Required. Lessee shall not assign, transfer, mortgage, pledge, hypothecate or encumber this Lease or any interest therein, and shall not sublet the Premises or any part thereof, without the prior written consent of District, such consent not to be unreasonably withheld and any attempt to do so without such consent being first had and obtained shall be wholly void and shall constitute a breach of this Lease. 15.2 Subletting Submission. Should Lessee desire to assign or sublet the Premises, Lessee shall submit in writing to District a h n i tm the name and legal composition tion of the proposed sub- lessee or assignee; the nature of the business proposed to be carried on in the Premises; $n , �) P P , (c) the terms and provisions of the proposed sublease for District's review and approval; and (d) such reasonable financial information for District's review and approval as District may request concerning the proposed sub-lessee or assignee. In determining the approval of an assignee or sub-lessee, the compatibility and suitability of the proposed assignee or sub-lessee with the-District's government operations, statutory purposes and open space mission shall be of prime importance. 15.3 No Release of Lessee. No consent by District to any assignment of subletting by Lessee shall relieve Lessee of any obligation to be performed by Lessee under this Lease, whether occurring before or after such consent, assignment or subletting. The consent by District to any assignment of subletting shall not relieve Lessee from the obligation to obtain Page 10 ' in;wi, Initial. i District's express prior written consent to any other assignment or subletting. The acceptance of rent by District from any other person shall not be deemed to be a waiver by District of any provision of this Lease or to be a consent to any assignment, subletting or other transfer. Consent to one assignment, subletting or other transfer shall not be deemed to constitute consent to any subsequent assignment, subletting or other transfer. 16. ENTRY BY DISTRICT. District reserves and shall at any and all times have the right to enter the Premises to inspect the same, to supply janitor service and any other service to be provided by District to Lessee hereunder, to submit said Premises to prospective purchasers or Lessees, to post notices of nonresponsibility and "for lease" signs, and to alter, improve or repair the Premises and any portion of the Building without abatement of rent, and may for that purpose erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, always providing the entrance to the Premises shall not be blocked thereby, and further providing that the business of Lessee shall not be interfered with unreasonably. Lessee hereby waives any claim for damages for any injury or inconvenience to or interference with Lessee's business, any loss of occupancy and any other loss occasioned thereby. For each of the aforesaid purposes, District shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Lessee's vaults and safes, and District shall have the right to use any and all means which District may deem proper to open said doors in an emergency, in order to obtain entry to the Premises, and any entry to the Premises obtained by District by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of the Premises, or an eviction of Lessee from the Premises or any portion thereof. 17. HOLDING OVER. This lease shall terminate and become null and void without further notice upon the expiration of the term herein specified and any holding over by Lessee after such expiration shall not constitute a renewal hereof or give Lessee any rights under this Lease, except as otherwise herein provided, it being understood and agreed that this Lease cannot be renewed, extended or in any manner modified except in writing signed by both parties hereto. If Lessee shall hold over for any period after the expiration of said term, District may, at its option, exercised by written notice to Lessee, treat Lessee as a Lessee from month-to-month commencing on the first day following the expiration of this Lease and subject to the terms and conditions herein contained, at a rental in the amount of one hundred twenty-five percent (125%) of the last monthly rental, plus all other charges payable hereunder. If Lessee fails to surrender the Premises upon the expiration of this Lease despite demand to do so by District, Lessee shall indemnify and hold District harmless form all loss or liability, including without limitation, any claim made by an succeeding Lessee founded on or resulting from such failure to surrender. 18. DAMAGE OR DESTRUCTION. 18.1 Partial Damage- Insured. In the event the Premises or the Building are damaged by any casualty which is covered under fire and extended coverage insurance carried by District, then District shall restore such damage provided insurance proceeds are available to pay J1 Page 11 /-V ini As ninety percent (90%) or more of the cost of restoration and provided such restoration can be completed within sixty (60) days after the Commencement of the work in the opinion of a registered architect or engineer appointed by District. In such event this Lease shall continue in full force and effect, except that Lessee shall be entitled to proportionate reduction of rent as determined by District while such restoration takes place, such proportionate reduction to be based upon the extent to which the restoration efforts interfere with Lessee's business in the Premises. Lessee shall not be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises and/or any inconvenience or annoyance occasioned by any such damage, repair, reconstruction or restoration. 18.2 Partial Damage- Uninsured. In the event the Premises or the Building are damaged by a risk not covered by District's insurance or the proceeds of available insurance are less than ninety percent (90%) of the cost of restoration, or if the restoration cannot be completed within sixty (60) days after the Commencement of work in the opinion of the registered architect or engineer appointed by District, then District shall have the option either to (a) repair or restore such damage, this Lease continuing fiffl force and effect, but the rent to be proportionately abated as hereinabove provided, or(b) give notice to Lessee (at any time within thirty (30) days after such damage) terminating this Lease as of a date to be specified in such notice, which date shall not be less than thirty (30) nor more than sixty (60) days after giving such notice. In the event of the giving of such notice, this Lease shall expire and all interest of Lessee in the Premises shall terminate on such date so specified in such notice and the rent, reduced by any proportionate reduction based upon the extent, if any, to which said damage interfered with the use and occupancy of Lessee as determined hereinabove shall be paid to the date of such termination. District agrees to refund to the Lessee any rent therefore paid in advance for any period of time subsequent to such date of termination as provided herein. 18.3 Total Destruction. In the event the Premises are total destroyed or the Premises cannot be restored as required herein under applicable laws and regulations, notwithstanding the availability of insurance proceeds, this Lease shall be terminated effective as of the date of the damage. 18.4 Damage Near End of the Term. Notwithstanding anything to the contrary contained in this Section 18, District shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty covered under this Section 18 occurs during the last twelve (12) months of the term of this Lease or any extension thereof. 18.5 District's Obligations. The District shall not be required to repair any injury or damage by fire or other cause, or to make any restoration or replacement of any panelings, decorations, partitions, railings, floor covering, office fixtures or any other improvements or property installed in the Premises by Lessee or at the direct or indirect expense of Lessee. Lessee shall be required to restore or replace same in the event of damage. Page 12 Initials Except for abatement of rent, if any, Lessee shall have no claim against District for any damages suffered by reason of any such damage, destruction repair or restoration, nor shall Lessee have the right to terminate this Lease as the result of any statutory provision now or hereafter in effect pertaining the damage and destruction of the Premises or the Building, except as expressly provided herein. 18.6 Lessee's Right to Terminate. If at anytime a portion of the Premise is damaged or destroyed by any cause thereby rendering the Premises unusable, even if such damage is required to be insured against pursuant to Article 10, District shall notify Lessee in writing as to the estimated time for repairing the damage within ten(10) days of the date on which District learns of the damage. If District reasonably estimates that the time required for repair exceeds three (3) months, from the date of damage, or the damage occurs within the last twelve months of the Lease term, then Lessee, at Lessee's sole election, may terminate this Lease by delivering written notice of termination to District within ten (10) days after receipt of the estimation. Regardless of the total repair time, if this Lease is not terminated, rent will abate during the period until the Premises are repaired and ready for Lessee's full use and occupancy. 19. DEFAULT, REMEDIES. 19.1 Default. The occurrence of any of the following shall constitute a material default and breach of this Lease by Lessee: 19.1.1 Any failure by Lessee to pay the rent or any other monetary sums required to be paid hereunder (where such failure continues for three (3) business days after written notice by District to Lessee; or 19.1.2 The abandonment of the Premises by Lessee; or 19.1.3 A failure by Lessee to observe and perform any other provision of this Lease to be observed or performed by Lessee, where such failure continues for thirty(30) days after written notice thereof by District to Lessee: provided, however, that if the nature of the default is such that the same cannot reasonably be cured within said thirty (30) day period, Lessee shall not be deemed to be in default if Lessee shall within such period commence such cure and thereafter diligently prosecute the same to completion; or 19.1.4 The making by Lessee of any general assignment or general arrangement for the benefit of creditors; the film b or against Lessee of a petition to have Lessee S Y a8 adjudged a bankrupt r f 0 o a petition for reorganization or arrangement under an J 8 P gY law relating to bankruptcy [unless, in the case of a petition filed against Lessee, same is dismissed within sixty(60) days]; the appointment of trustee or receiver to take possession of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease, where possession is not restored to Lessee within thirty (30) days, or the attachment, execution or other judicial seizure of Page 13 �' ! ' i substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease, where such seizure is not discharged within thirty (30) days. Lessee agrees that in the event of the above, then this Lease or any interest in or to the Premises shall not become an asset in any of such proceedings. 19.2 Remedies. In the event of any such material default or breach by Lessee, District may, at any time thereafter, without limiting District in the exercise of any right or remedy at law or in equity which District may have by reason of such default or breach: 19.2.1 Maintain this Lease in full force and effect and recover the rent and other monetary charges as they become due, without terminating Lessee's right to possession irrespective of whether Lessee shall have abandoned the Premises. In the event District elects not to terminate the Lease, District shall have the right to attempt to re-let the Premises at such rent and upon such conditions and for such a term, and to do all acts necessary to maintain or preserve the Premises as District deems reasonable and necessary without being deemed to have elected to terminate the Lease, including removal of all persons and property from the Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Lessee. In the event any such reletting occurs, this Lease shall terminate automatically upon the new Lessee taking possession of the Premises, notwithstanding failure by District to elect to terminate the Lease initially. District at any time during the term of this Lease may elect to terminate this Lease by virtue of such previous default of Lessee. 19.2.2 Terminate Lessees right to possession by any lawful means, in which case this Lease shall terminate and Lessee shall immediately surrender possession of the Premises to District. In such event District shall be entitled to recover from Lessee all damages incurred by District by reason of Lessee's default, including without limitation thereto, the following: (a) the worth at the time of award of any unpaid rent which has been earned at the time of such termination; plus (b) the worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that is proved could have been reasonably avoided; plus (c) any other amount necessary to compensate District for all the detriment proximately caused by Lessee's failure to perform any obligations under this Lease or which in the ordinary course of events would be likely to result therefrom; plus (d) at District's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable State law. Upon any such re-entry District shall have the right to make any reasonable repairs, alterations or modifications to the Premises, which District in its sole discretion deems reasonable and necessary. As used in (a) above, the "worth at the time of award" is computed by allowing interest at the rate of ten percent (10%) per annum from the date of default. As used in (b), the "worth at the time of award" is computed by discounting such amount at the discount rate of the U.S. Federal Reserve Bank Page 14 ini i` In► i at the time of award plus one percent (1%). The term "rent," as used in this Section 18, shall be deemed to be and to mean the rent to be paid pursuant to Section 5 and all other monetary sums required to be paid by Lessee pursuant to the terms of this Lease. All rights, options and remedies of District contained in this Lease shall be construed and held to be cumulative, and no one of them shall be exclusive of the other, and District shall have the right to pursue any one or all of such remedies or any other remedy or relief which may be provided by law, whether or not stated in this Lease. No waiver of any default of Lessee hereunder shall be implied from any acceptance by District or any rent or other payments due hereunder or any omission by District to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect defaults other than as specified in said waiver. The consent or approval of District to or of any act by Lessee requiring District's consent or approval shall not be deemed to waive or render unnecessary District's consent or approval to or of any subsequent similar acts by Lessee. 20. CONDEMNATION. If all or any part of the Premises shall be taken or appropriated for public or quasi-public use by right of eminent domain with or without litigation or transferred by agreement in connection with such public or quasi-public use, ether party hereto shall have the right at its option exercisable within thirty(30) days of receipt of notice of such taking to terminate this Lease as of the date possession is taken by the condemning authority; provided, however, that before Lessee may terminate this Lease by reason of taking or appropriation as provided hereinabove, such taking or appropriation shall be of such an extent and nature as to substantially handicap, impede or impair Lessee's use of the Premises. If any part of the Building other than the Premises shall be so taken or appropriated, District shall have the right at its option to terminate this Lease. No award for any partial or entire taking shall be apportioned, and Lessee hereby assigns to District any award which may be made in such taking or condemnation, together with any and all rights of Lessee now or hereafter arising in or to the same or any part thereof, provided, however, that nothing contained herein shall be deemed to give District any interest in or to require Lessee to assign to District any award made to Lessee for the taking of personal property and fixtures belonging to Lessee and/or the interruption of or damage to Lessee's business and/or for Lessee's unamortized cost of leasehold improvements and/or for Lessee's loss of goodwill and/or moving expenses. In the event of a partial taking which does not result in a termination of this Lease, rent shall be abated in the proportion which the part of the Premises so made unusable bears to the rented area of the Premises immediately prior to the taking District, at District's sole cost, will make Premises suitable for Lessee's use. No temporary taking of the Premises and/or of Lessee's rights herein or under this Lease shall terminate this Lease or give Lessee any right to any abatement of rent thereunder, and any award made to Lessee by reason of any such temporary taking shall belong entirely to Lessee and District shall not be entitled to share therein. Page 15 2 1. LATE CHARGES. 21.1 Lessee hereby acknowledges that late payment by Lessee to District of rent and other sums due hereunder not paid within five(5) calendar days of the due date of such payment will cause District to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include but are not limited to, processing and accounting charges, and late charges which may be imposed on District by the terms of any mortgage or trust deed covering the Premises. Accordingly, in the event that Lessee shall fail to pay to District within five (5) days of the date when due any payment owing to District pursuant to the terms of this Lease, said late payment shall bear interest at the rate of ten percent(10%) per annurn from the date due and payable until the same shall have been fiffly paid and, in addition: 21.1 Service Charge. For each such payment to District not paid within five (5) days following the date of said payment Lessee shall pay to District a service charge in the amount of Five Hundred Dollars($500.00); and 21.2 District's Option. Following each second consecutive late payment of rent, District shall have the option (a) to require that beginning with the first payment of rent due following the date such late payment was due, rent shall no longer be paid in monthly installments but shall be payable three (3) months in advance until twelve (12) months have elapsed with no late payment, at which time the rent will revert to payment in monthly amounts. 22. DISTRICT'S PERFORMANCE OF LESSEE'S OBLIGATIONS. Should Lessee fail to pay and discharge, when due and payable, any tax or assessment, or any premium or other charge in connection with any insurance policy or policies which Lessee is obligated to pay, or any hen or claim for labor or material employed or used in, or any claim for damages arising out of the repair, alternation, maintenance and use of the Premises, as provided in this Lease, after ten (10) days written notice from District, then District may, at its option, and without waiving or releasing Lessee from any of Lessee's obligations hereunder, pay any such tax, assessment, hen, claim, insurance premium or charge, or settle or discharge any action therefore or satisfy any judgment thereon. All costs, expenses and other sums, incurred or paid by District in connection therewith, together with interest at the rate of ten percent(10%)per annum on such costs, expenses and sums from the date incurred or paid by District, shall be deemed to be an additional charge hereunder and shall be paid by Lessee with and at the same time as the next installment of rent hereunder, and any default therein shall constitute a breach of the covenants and conditions of this Lease. 23. COST OF SUIT. In the event that any action shall be instituted by either of the parties hereto for the endorsement of any of its rights or remedies in and under this Lease, or any facts based upon or involving same, the prevailing party, whether in court or by way of out- of-court settlement, shall be entitled to recover from the nonprevailing party or parties such prevailing party's attorney fees, court costs, expert witness fees and/or other expenses relating to such controversy, including attorney's fees, court costs and/or expenses on appeal, if any. Page 16 Inifialod 24. ESTOPPEL STATEMENT. Lessee shall at any time and from time to time upon not less than ten (10) days prior written notice from District execute, acknowledge and deliver to District a statement in writing, (a) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease as so modified, is in full force and effect), and the date to which the rental and other charges are paid in advance, if any, and (b) acknowledging that there are not, to Lessee's knowledge, any uncured defaults on the part of the District hereunder, or specifying such defaults if any are claimed. Any such statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the real property of which the Premises are a part. 25. PARKING. Lessee shall have the right to use, in common with District and other Lessees or occupants of the Building, their pro-rasa portion of the parking facilities of the Building, at no additional cost, which is hereby agreed to be nine (9)unassigned parking spaces and includes use of spaces designated for handicapped parking as necessary. Such parking spaces shall be subject to the rules and regulations of District, which may be established or altered by District at any time or from time to time during the term hereof and shall be effective upon written notice to Lessee. 26. AUTHORITY OF PARTIES. 26.1 Lessee represents that it is a corporation duly authorized to conduct business in California. Each individual executing this Lease on behalf of said corporation represents and warrants that such individual is duly authorized to execute and deliver this Lease on behalf of said corporation, in accordance with a duly adopted resolution of the Board of Directors of said corporation or in accordance with the by-laws of said corporation, and that this Lease is binding upon said corporation in accordance with its terms. 26.2 District represents that it is a special district formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code and is authorized by Section 5540 therein to, inter alia., lease real property in furtherance of District purposes. The individual executing this Lease on behalf of District is duly authorized to execute and deliver this Lease and to do such other acts as are necessary or convenient to accomplish such matter. 27. NOTICES. All notices and demands which may or are to be required or permitted to be given by either parry to the other hereunder shall be in writing. All notices and demands by the District to the Lessee shall be sent by United States Mail, postage prepaid, addressed to the Lessee at the Premises, or to such other place as Lessee may from time to time designate in a notice to the District. All notices and demands by the Lessee to the District shall be sent r b United States Mail postage prepaid, addressed to the District at the Building, or to such Y � P 8 P P � � other person or place as the District may from time to time designate by notice to Lessee. 28. SUBORDINATION. Lessee covenants and agrees that it will execute, without further consideration, any and all instruments desired by District or District's mortgagee, creditor, or Page 17 TliiGd�i Iti'tL181$ Lessor, subordinating this Lease in the manner requested by District to all ground or underlying leases and the lien of any mortgage and/or any deed of trust or other encumbrance which may hereafter affect the Premises together with all renewals, modifications, consolidations, replacements or extensions thereof, provided that any lien or encumbrancer relying on such subordination or such additional agreements will covenant with Lessee that this Lease shall remain in full force and effect and Lessee shall not be disturbed in the event of sale or foreclosure so long as Lessee is not in default hereunder. Lessee agrees to attorn to the successor in interest of District following any transfer of such interest either voluntarily or by operation of Law and to recognize such successor as the District under this Lease. However, if District or any such ground District or mortgagee so elects, this Lease shall be deemed prior in lien to any ground lease, mortgage, deed of trust or other encumbrance upon or including the Premises regardless of date of recording and Lessee will execute a statement in writing to such effect at District's request. District is hereby irrevocably appointed and authorized as agent and attorney-in-fact of Lessee to execute all subordination instruments in the event Lessee fails to execute said instruments within ten (10) days after notice from District demanding the execution thereof. 29. TRANSFER BY DISTRICT. The term "District" as used in this Lease, so far as covenants or obligations on the part of District are concerned, shall mean and include only the owner or owners at the time in question of the Premises, and in the event of any transfer or transfers of the title to the Premises, District herein named (and in case of any subsequent transfers or conveyances, the then grantor), except as hereinafter provided, shall be automatically freed and relieved from and after the date of such transfer or conveyance, of all personal liability as respects the performance of any covenants or obligations on the part of District contained in the Lease thereafter to be performed; provided that any funds in which Lessee has an interest which are in the hands of such District or the then grantor at the time of such transfer shall be turned over to the grantee, and any amount then due and payable to Lessee by District or the then grantor under any provisions of this Lease shall be paid to Lessee. It is intended hereby that the covenants and obligations contained in this Lease on the part of District shall, subject to the foregoing, be binding on District, its successors and assigns, only during and in respect of their respective successive periods of ownership. 30. INABILITY TO PERFORM. This Lease and the obligation of Lessee to pay rent hereunder and to keep, observe and perform all of the other terms, covenants, conditions, provisions and agreement of this Lease on the part of Lessee to be kept, observed or performed shall in nowise be affected, impaired or excused because District is unable to fulfill any of its obligations under this Lease or to supply or is delayed in supplying any service expressly or impliedly to be supplied or is unable to supply or is delayed in supplying any equipment or fixtures, if District is prevented or delayed from doing so by reason of strike or labor troubles, unavailability of materials, riots, rebellion, insurrection, invasion, war, action or interference of governmental authorities, acts of God or any other cause whether similar or dissimilar of the foregoing which is beyond the control of District. Page 18 Initials 3 1. SURRENDER OF PREMISES. The voluntary or other surrender of this Lease by Lessee, or a mutual cancellation thereofy shall not work a merger, and shall, at the option of the District, terminate all or any existing subleases, or subtenancies, or may, at the option of District, operate as an assignment to it of any or all such subleases or subtenancies. 32. RULES AND REGULATIONS. Lessee and Lessee's agents, servants, employees, visitors and licensees shall observe and comply fully and faithfully with all reasonable and nondiscriminatory rules and regulations adopted by District for the care, protection, cleanliness and operation of the Building and its Lessees, including those rules and regulations attached to this Lease as Exhibit "B" and incorporated herein by this reference, and any modification or addition thereto adopted by District, provided District shall give written notice thereof to Lessee. District shall not be responsible to Lessee for the nonperformance by any other Lessee or occupant of the Building of any of said rules and regulations. 33. SCOPE AND AMENDMENTS. This Lease is and shall be considered to be the only agreement between the parties hereto. All negotiations and oral agreements acceptable to both parties are included herein. No amendment or other modification of this Lease shall be effective unless in a writing signed by District and by Lessee. 34. GENERAL PROVISIONS. 34.1 Waiver. No waiver of any default or breach of any covenant by either party hereunder shall be implied from any omission by either party to take action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the waiver, and then said waiver shall be operative only for the time and to the extent therein stated. Waivers of any covenant, term or condition contained herein by either party shall not be construed as a waiver of any subsequent breach of the same covenant, term or condition. The consent or approval by either party to or of any act by either party requiring further consent or approval shall not be deemed to waiver or render unnecessary their consent or approval to or of any subsequent similar acts. 34.2 Accord and Satisfaction. No payment by Lessee or receipt by District of a lesser amount than the rent payment herein stipulated shall be deemed to be other than on account of the rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and District may accept such check or payment without prejudice to District's right to recover the balance of such rent or pursue any other remedy provided in this Lease. 34.3 Individual Liability. The obligations of District under this Lease do not constitute personal obligations of the employees, officers or directors of the District, and Lessee shall look solely to the real estate that is the subject of this Lease and to no other assets of District for satisfaction of any liability in respect of this Lease and will not seek recourse Page 19 initimis wtialt against the employees, officers or directors of the District or any of their personal assets for such satisfaction. 34.4 Time. Time is of the essence hereof. 34.5 Captions; Attachments; Defined Terms. 34.5.1 The captions of the Sections of this Lease are for convenience only and shall not be deemed to be relevant in resolving any question of interpretation or construction of any Section of this Lease. 34.5.2 Exhibits attached hereto, and addendum and schedules initialed by the parties, are deemed by attachment to constitute part of this Lease and are incorporated herein. 34.5.3 The words "District" and "Lessee", as used herein shall include the plural as well as the singular. Words used in neuter gender include the masculine and feminine and words in the masculine or feminine gender include the neuter. If there be more than one District or Lessee, the obligations hereunder upon District or Lessee shall be joint and several; as to a Lessee which consists of husband and wife, the obligations shall extend individually to their sole and separate property as well as community property. The term "District" shall mean only the owner or owners at the time in question of the fee title or a Lessee's interest in a ground lease of the land underlying the Building. The obligations contained in this Lease to be performed by the District shall be binding on District successors and assigns only during their respective period of ownership. 34.6 Severability. If any term, covenant, condition or provision of this Lease, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the terms, covenants, conditions, or provisions of this Lease, or the application thereof to any person or circumstance, shall remain in fall force and effect and shall in no way be affected, impaired or invalidated thereby. 34.7 Applicable Law. This Lease, and the rights and obligations of the parties hereto, shall be construed and enforced in accordance with the laws of the State in which the Premises are located. 34.8 Examination of Lease. Submission of this instrument for examination or signature by Lessee does not constitute a reservation of or option to lease, and it is not effective as a lease or otherwise until execution and delivery by both District and Lessee. 34.9 Quiet Possession. Provided Lessee has performed all of the terms, covenants, agreements and conditions of this Lease, including the payment of rental and all other sums due hereunder, Lessee shall peaceably and quietly hold and enjoy the Premises against District and all persons claiming by, through or under District, for the term herein described Page 20 subject to the provisions and conditions of this Lease. Lessee's right to use the Premises as herein provided shall be subject to restrictions or other limitations or prohibitions resulting from any laws, statutes, ordinances, and governmental rules, regulations or requirements now in force or which may hereafter be in force, and no such event shall in any way affect this Lease, abate rent, relieve Lessee of any liabilities or obligations under this Lease or give rise to any claim whatsoever against District. 34.10 Light and Air Easement. Any diminution or shutting off of fight or air by any structure which may be erected on lands adjacent to the Building shall in no way affect this Lease, abate rent or otherwise impose any liability on District. 35. BROKERS. 35.1 Brokers. Lessee warrants that it has had no dealing with any real estate broker or agents in connection with the negotiation of this Lease excepting only the Staubach Company and BT Commercial and it knows of no other real estate broker or agent who is entitled to a commission in connection with this Lease. 35.2 Commission. District shall be responsible for any real estate commission or other related costs or fees in this transaction due to BT Commercial. Lessee agrees to and does hereby indemnify and hold District harmless from and against any and all other costs, liabilities, losses, damages, claims, causes of action or proceedings which may result from any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of Lessee in connection with this transaction. IIl Page 21 Wtials Initials The parties hereto have executed this Lease on the dated specified immediately adjacent to their respective signatures. "Lessee": DrugAbuse Science, Inc. 330 Distel Circle, Suite 150 Los Altos, California 94022 Telephone: (650) �t b z — t o r, F e: (650) By: Dated: Title: C L� "District": Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, California 94022 ,--Telephone: (650) 691-1200 Facsimile: (650) 691-0485 By: Dated: Z L. Craig—Bniton General Manager Page 22 Initials Initial. I EXHIBIT A DIAGRAM OF LEASE PREMISES I 1 I I 1 CONF.ROOM KframEN 1 I 1 , --- - - - - - -♦ -- -- L' --- --- ---� ---j- -- - -- I 804.ER ♦ 1 r - - 1 EOWP. 1 ♦ `�.' NL r - - - � -,---_ - ----- - - - - - - 1 ♦ I I ) ROAN Y� `♦ �� 1 1 _ ��♦�;_�� MENS i i WOMENS RENTAL �'� �♦ � -J- , I I SPACE - - - - - - - ♦ � SNCWE , � ♦ � mil- :\- i - - - - -- - -- - -- -- - ----.-- I ♦♦, i \ 1 \ , 1 1- - - - - - - - - ' -I CON .ROOM ♦ �,��' i i SORE ROOM � PREMISES ' ♦ ♦ RECEP. S I i 1<Ll�'11�J 1 _ - -♦ I 1 I I I I Olt/ I I 1 ♦� ♦� ' � r: i out I I CONFROQM I WO K SP CE 1 � L ' NJ - - - - - ----- - - - -- -- -L -- ---- - Oa�G U,Ys Suite 150 330 Di stel Circle Los Altos, California 94022 In;ww, EXHIBIT B RULES AND REGULATIONS 1. No new or additional sign, placard, picture, advertisement, name or notice shall be inscribed, displayed or printed or affixed on or to any part of the outside or inside of the Building without written consent of District first had and obtained and Lessee shall be provided space for signage on the road side monument and front entrance subject to District's approval and consistent with building standards (note wood design). All costs of signage shall be the responsibility of Lessee. All approved signs or letter on doors shall be printed, painted, affixed or inscribed at the expense of the Lessee unless otherwise agreed. Lessee shall not place anything or allow anything to be placed near the glass of any window, door, partition or wall which may appear unsightly from outside the Premises, provided, however, that District may furnish and install a Building standard window covering at all exterior windows. Lessee shall not without prior written consent of District cause or otherwise sunscreen any window. 2. The sidewalks, halls, passages, exits, entrances, elevators and stairways shall not be obstructed by any of the Lessees or used by them for any purpose other than for ingress and egress from their respective Premises. 3. Lessee shall not alter any exterior lock or install any new or additional exterior locks or any bolts on any doors or windows of the Premises. Lessee shall have the right to install a security system for its computer facilities and nothing herein contained shall abrogate or modify the right to do so. 4. The toilet rooms, urinals, wash bowls and other apparatus shall not be used for any purpose other than for which they were constructed and no foreign substance of any kind whatsoever shall be thrown therein and the expense of any breakage, stoppage or damage resulting from the violation of the rule shall be borne by the Lessee who, or whose employees or invitees shall have caused it. 5. Lessee shall not overload the floor of the Premises or in any way deface the Premises or any part thereof. 6. No furniture, freight or equipment of any kind shall be brought into the common areas of the Building without prior notice to District and all moving of the same shall be done at such time and in such manner as District shall designate. District shall have the right to prescribe the weight, size, and position of all safes and other heavy equipment brought into the Building and also the times and manner of moving the same in and out of the Building. Safes or other heavy objects shall, if considered necessary by District, stand on supports of such thickness as Page 24 IIIAWS wfial. is necessaryto properly distribute the weight. District will not be responsible for loss or P P Y gh P damage to any such safe or property from any cause and all damage done to the Building by moving or maintaining any such safe or other property shall be repaired at the expense of the Lessee. 7. Lessee shall not use, keep or permit to be used or kept any foul or noxious gas or substance in the Premises, or permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to the District or other occupants of the Building by reason of noise, odors and/or vibrations, or interface in any way with other Lessees or those having business therein, nor shall any animals or birds be brought in or kept in or about the Premises or the Building. 8. No cooking shall be done or permitted by any Lessee on the Premises, nor shall the Premises be used for the storage of merchandise, for washing clothes, for lodging, or for any improper, objectionable or immoral purposes. The brewing of coffee or tea or the use of a microwave oven shall not be considered "cooking". 9. Lessee shall not use or keep in the Premises or the Building any kerosene, gasoline or inflammable or combustible fluid or material, or use any method of heating or air conditioning other than that supplied by District. 10. District will direct electricians as to where and how telephone and telegraph wires are to be introduced. No boring or cutting for wires will be allowed without the consent of the District. The location of telephones, call boxes and other office equipment affixed to the Premises shall be subject to the approval of District, but consent is hereby given to install facilities reasonably necessary to the installation of the telephone and computer system within the Premises. 11. On Saturdays, Sundays and legal holidays, and everyday between the hours of 6:00 p.m. and 8:00 a.m. the following day, access to the Building or to the halls, corridors, elevators or stairways in the Building, or to the Premises may be refused unless the person seeking access is known to the person or employee of the Building in charge and has a pass or is properly identified. The District shall in no case be liable for damages for any error with regard to the admission to or exclusion from the Building of any person. In case of invasion, mob, riot, public excitement, or other commotion, the District reserves the right to prevent access to the Building during the continuance of the same by closing of the doors or otherwise, for the safety of the Lessees and protection of property in the Building and the Building. 12. District reserves the right to exclude or expel from the Building any person who, in the judgment of District, is intoxicated or under the influence of liquor or drugs, or who shall in any manner to any act in violation of any of the rules and regulations of the Building. Lessee, Lessee's invitees, customers, agents, employees, or guests shall not disrupt or annoy or cause a disturbance to the operations of the District. Page 25 tn�wis 13. No vending machine or machines of any description shall be installed, maintained or operated upon the Premises without the written consent of the District. 14. District shall have the right, exercisable without notices and without liability to Lessee, to change the name and street address of the Building of which the Premises are a part. 15. Lessee shall not disturb, solicit, or canvass any occupancy of the Building and shall cooperate to prevent same. 16. Without the written consent of District, Lessee shall not use the name of the Building in connection with or in promoting or advertising the business of Lessee except as Lessee's address. 17. District shall have the right to control and operate the public portions of the Building, and the public facilities, and heating and air conditioning as well as facilities furnished for the common use of the Lessees, in such manner as it deems best for the benefit of the Lessees generally. 18. All entrance doors in the Premises shall be left locked when the Premises is not in use, and all doors opening to public corridors shall be kept closed except for normal ingress and egress from the Premises. 19. Lessee shall not bring any animal or pet into the building or anywhere on the property 20. Lessee shall comply with applicable municipal ordinances regulating smoking in places of employment. Smoking within the Premises and common areas is prohibited. Page 26 Initials wtials DRUGABUSE SCIENCES,INC. CERTIFICATE OF SECRETARY The undersigned, Jeffrey P. Higgins, hereby certifies as follows: 1. He is the duly elected, qualified and acting Secretary of DrugAbuse Sciences, Inc., a California corporation(the "Company'). 2. Philippe Pouletty, M.D. is the Chairman and Chief Executive Officer of the Company and is authorized to sign leases or similar documents on behalf of the Company. 3. The signature below is the true signature of the Philippe Pouletty, M.D. NAME TITLE SIGNATU E Philippe Pouletty, Chairman and Chief Executive / M.D. Officer IN WITNESS WHEREOF, the undersigned has executed this Certificate this 18 day of February, 2000. L Je i gins, Se re GDSVF&H1222941.1 DRUGABUSE SCIENCES, INC. 2891 1430 O'BRIEN DR. STE. E78/1211 MENLO PARK, CA 94025 ..J/py�,�� �n�� I DATE�"r �"`�`-' PAY TO THE• ,, , ''1 ' Q /-J �f ORDERTH i `r am W g! IO'r' '7w" -v d, a7V-Tl LLARS M.............. Menlo Puk Offi« 900 SANCA CRUZ AVENUE e MENLO PARK,CALIPORNLA 94025 BANK&WEST I-500-496-22e5 1 FOR 1 1: 12 1100 ?8 21: 289 1 0 2500078611- DRUGABUSE SCIE%CES MARIE-ANNICN GLON Assoc.Director of 1430 O'Brien Drive,Suite E Administrative Services Menlo Park,CA 94025 Tel:510.789.4312 +65O-Lf 2—tom-� Fax:510.789.4412 �*. ;-a _ L. S Z_10 3 Cell:850.30*.- 676 r<1_ i o mglon@sangstat.com www.drugsbusesciences.com Regional Open .' we MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-00-23 Meeting 00-04 February 23, 2000 AGENDA ITEM 2 AGENDA ITEM Field Enforcement Activity for 1999 and Nine-Year Fie Acti 'ty Summary GENERAL MANAGER'S RECOMMENDATION Accept the 1999 Miscellaneous Enforcement Activity Summary and the Nine-Year ield Activity Summary. BACKGROUND Since April 1995, staff has given the Board written monthly reports on emergency incidents and enforcement activities on District land. At the end of each year you have been given a summary for that year as well as a comparison with previous years. DISCUSSION Two summaries are presented for your review: the 1999 Miscellaneous Enforcement Activity Summary (Appendix A), and the Nine-Year Field Activity Summary (Appendix B), with highlights represented in graph form(Appendices C and D). The Miscellaneous Enforcement Activity Summary lists, in chronological order for the past year, contacts made or reports taken by staff of potentially serious, violent, or other criminal activity on or near District land. The Nine-Year Field Activity Summary includes emergency response, criminal activity, and mutual aid incidents. Only contacts that resulted in some form of written record, such as a District incident report, written warning, citation, or mutual aid assistance report, have been included in these summaries. General assistance to preserve visitors, informational contacts, and verbal warnings have not been included. Staff continues to modify the format of the summary and the methods of collecting and compiling data. Several categories within the summary have been converted into two or more categories to accommodate the collection of more detailed data. Blank boxes appear in categories for past years of the summary where counts were not actually tallied. The total number of violations of District ordinances has increased to 1,653 this year. This is the highest amount of recorded violations in the nine years for which records are available, and is a reversal of the trend of decreasing violations from 1996 to 1998. 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 FAX:650-691-0485 • E-mail:mrosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •General Manager:L.Craig Britton R-00-23 Page 2 The following trends and issues are noted. 1. Recorded violations of District Land Use Regulations increased approximately 58%from last year. Although staff are reluctant to draw any conclusions from a trend of only one year, these numbers are of concern. 2. Recorded bicycle violations have increased significantly from 295 last year to 573 this year. This is a reversal of a two year trend of decreasing violations. This is an increase of 94.2%. Mountain bicycling continues to grow in popularity, and staff feel that the increase in bicycle violations could be the result of various factors including more hours of staff time spent on enforcement, the milder weather experienced during the last winter, and more focus on bicycle issues. 3. The total number of acts of vandalism recorded increased dramatically from 42 in 1998 to 106 in 1998. This is an increase of 152%, and continues a trend of increased vandalism which was noted in 1998. Many of these incidents relate to attempts by the District to close illegal trails. This trend is of concern to staff. 4. Staff are working on switching from the current system of manual data collection to a computerized database system. Although the work is checked,the current manual system is prone to some errors, and is time consuming. Staff have begun collecting data for the computerized system, and will be using it for next year's annual report. 5. The number of accidents experienced by all types of users was consistent with levels from last year. Prepared by: Gordon C. Baillie, Operations Analyst Contact Person: John M. Escobar, Assistant General Manager R-00-23 Page 3 1999 Miscellaneous Enforcement Activities APPENDIX A KEY SCSO Santa Clara Sheriffs Office OS Off District lands CDF CA Dept. Forestry SMSO San Mateo Sheriffs Office CHP CA Highway Patrol F&G CA Fish& Game CAMP Campaign Against Marijuana Plantations. Date Nature of Incident Outcome Rangers Law Enf. present assistance Jan. 2 CPR Performed on visitor Deceased (OS) 2 2 8 After Hours violation& expired registration- Vehicle towed - driver I I cited Feb. I Vehicle rammed gate in attempt to gain entry Report 1 0 7 Stolen/abandoned trailer recovered Report/removal I I 21 Intimidation of female visitor-threatened Unable to locate suspect 1 4 rape March 9 Fence cut& off-road vehicle entered Report/repair 2 0 10 Search for elderly female Deceased (OS) 3 5 April 11 Stolen golf cart recovered Returned to owner 3 1 18 Bicyclist harassed work crew Subject fled 1 23 Horse bitten by rattlesnake Horse died 1 0 30 Arrest for $25,000 warrant& possession of Arrest 2 4 methamphetarnines May I Bicyclist resisted arrest & fled Unable to locate 2 0 8 Hiker threatened to assault bicyclists Unable to locate 1 0 10 Search for at-risk person Deceased (OS) 1 20+ June 6 3 Arson fires set in Pichetti Fires extinguished 2 Fire agencies 15 Arson fire at Lexington CO Park Fires extinguished 6 Fire agencies July 4 Arson fire bums 3 acres - (OS) Fire extinguished 5 Fire agencies 6 Arson fire in Sierra Azul Fire extinguished I Fire agencies 7 Woman threatened in domestic dispute (OS) SO handled 1 1 13 7 juveniles contacted for fireworks & after Warnings 2 1 hours 27 8 juveniles contacted for alcohol violations Turned over to parents 3 0 31 Subject found in possession of stolen Arrest- SCSO 2 1 motorcycle R-00-23 Page 4 Aug. 2 Intoxicated & mentally disturbed person Released to family 2 1 illegally entered Nature Center 18 Search for missing hiker Found deceased 18 30+ 22 Fatality vehicle accident& fire Fire extinguished 4 10 Sept. 3 Possible underage sexual activity Released to 2 0 parents/citation 21 Road equipment roll-over accident Evac. by air ambulance 2 0 26 Arson fire (2 acres) Fire extinguished 2 Fire agencies Oct. 7 Mentally disturbed subject found rolling in Protective Custody 6 roadway 18 Arson fire destroys vehicle & spreads to Fire extinguished/report 2 Fire Agencies preserve & SMS0 30 Fatality motorcycle accident (OS) Medical aid rendered 4 10 30 7 mountain skateboarders found in preserve Warnings 1 0 Nov. 21 Bicyclist rides closed trail & attempts to steal Bicyclist fled 1 0 tools 22 Theft& verbal dispute Perpetrator cited 1 4 24 Attempted burglary at Rancho Annex Building secured 1 0 Dec. 15 Stolen vehicle arson Report 1 0 20 15 after-hours cyclists, in team jerseys, Patrol 1 0 reported 1 62 spent shotgun shells discovered in Loma Area cleaned up 1 0 Prieta Ranch Staff received reports of 2 auto burglaries in 1999. R-00-23 Appendix B Page 5 NINE YEAR FIELD ACTIVITY SUMMARY 1991 1992 1993 1994 1995 1996 1997 1998 1999 ................................................. ......... .... ........ ......... A.VIOLATIONS ......... ........................... .......... ................... ...... I Bike-closed area 120 172 197 154 125 149 112 101 271 2.Bike-speed 43 101 149 112 85 97 3.Bike-helmet 203 255 287 263 92 215 4.Bike-night riding 44 171� 48 5.Bike-Unsafe Operation 13 3 1 6.Dogs-prohibited 21 31 58 58 62 63 72 37 66 7.Dogs-offleash 33 82 92 76 67 81 lot 63 90 8.Off road vehicle 41 39 26 20 15 16 11 17 26 9,Closed area 176 252 286 262 9 38 30 17 30 10.After hours 127 194 148 Hs 136 1 I.Fishing o 1 0 2 6 6 5 0 0 19, 12.Vandalism 14 13 27 19 28 26 20 42 106 13.Parking 119 180 173 114 173 192 154 187 217 14.Parking after hrs. 225 182 228 197 257 15.Dump/litter 13 11 11 18 15 7 9 8 13 16.Campfires 18 18 7 12 9 6 4 1 17 17.Camping 10 19 22 19 6 5 4 7. 31 18.Weapon contact 12 26 10 16 7 5 4 8 11 19.Weapon report 26 15 3 13 5 20,Other 127 54 59 121 11 90 33 33 66 Total 704 897 970 1,141 1,267 1,510 1,365 1,046 1,662 ........... .... ......................... B.ACCIDENTS/FIRE .. ................ ..................... ....... .......''.....I.......... .......... LBicycle 24 46 41 41 57 52 47 35 361 21questrian 5 4 3 5 6 7 13 2 1 3.1-liking/Running 27 11 19 19 19 14 22 8 9 4.Other first aid 13 14 11 6 2 5,Search&rescue 13 6 11 7 6.Vehicle 7 3 3 7,1-lelicopter landings 8 2 8 8fire(-acres) I(<I); 3(<I) 5(6) 4(l) 3(13) 3(3/4+) 3(1) 1(<I) ll(-10) Total 57 64 67 69 108 93 122 64 73 C.ENFORCEMENT XXXXX ......................... .......................................... ................... ........... ­­...I..I............ ....................I�...I I... ....I.-I.-................................ ..................... ........­111_......... ............. .......... -,............. ................ .........................11.­....1. ......... I Citations 373 445 463 430 654 716 629 519 505 2.Written warnings 199 255 236 429 468 695 655 414 489. 3.Arrests 7 8 7 6 3 2 4 1 3 4.11olice assistance 32 22 36 28 24 Total 579 708 706. 865 1,157 1,435 1,324 962 1,021 .............. ............ ........................................... ............... ................. ..... ....... D.CRIMES ........ ............. ................................................... .................................. .......... ].Auto burglaries 32 23 8 7 14 2 2.1'alse information 7 11 13 11 11, 3.Resisting Peace Officer 3 9 9 6 11 4.Assault 1 0 3 2 0 5.Poaching 3 2 2 3 0 6,PossessionJCultivation-Marijuana 9 to 8 7.Minor in possession of Alcohol 23 15 11 8.Other 15 16 14 21 Total 0 0 0 32 37 45 82 75 64 ........... ........................ ................................................ ................. ........ ................... E.muTUAL AID ............ ............................. ........... .................. ................ ....... ........................... ... ].Accidents 12 18 26 54 28 26 36 43 32 11 28 29 18 15 3.Fire(-acres) 2(2) 2.Enforcement J! 4(48) W) (10+ _4(5) 5(2+). 8(28) 5(<9) 12(<12) 4.1-felicopter landings 2 11 11 7 7 5.Other 4 1 4 1 22 29 56 45 70 80 74 1991 1992 1993 1994 1995 1996 1997 1998 1999 ............ 11­1........ .................................................... A.VIOLATIONS ............... ...... ...................................... ........... __......... ].Bike-closed area 120 172 197 154 125 149 112 101 211 2.Bike-speed 43 101 149 112 85 97 3.Bike-helmet 203 255 287 263 92 215 7 48 ,4.Bike-night lit riding 44 17 Total Bicycle Violations 120 172 197 400 481 585 531 295 571J R-00-23 Appendix C Page 6 District Enforcement Activities NineYear History 1800 1600 - — - --- --- -- - -- --- 1400 - --- -—- - 1200 - - -- - N r C -a 1000 - - - - C O 800 - --- - - - O 600 - 1 X w ~ 400 -- ,� - - - --- - X ,X 200 0 - - - - - - - - - - - - - - - - - - - - -- - - - - - - -- -- - 1991 1992 1993 1994 1995 1996 1997 1998 1999 Bicycle Violations X Written Warnings - - Citations —Total Violations - - - - Vandalism R-00-23 Appendix D Page 7 Accidents By User Type 60 50 40 N C d U a 30 — 6 z 20 - 10 0 - Bicycle � 1991 1992 ---- ---- 1993 Hiking/Running 1994 1995 - 1996 Equestrian 1997 1998 1999 L Regional ace MIDPENINSULA RECI©NAL OPEN SPACE DISTRICT R-00-28 Meeting 00-04 February 23, 2000 AGENDA ITEM 3 AGENDA rrEM Appoint Macias, Gini and Company as the District's Auditor for the 1999-2000 Fiscal Year CONTROLLER'S RECOMMENDATION Appoint Macias, Gini and Company as the District's auditors for the fiscal year 1999-2000 and authorize the General Manager to execute the engagement letter agreement in the amount of$14,100. DISCUSSION Grant Thorton served as the District's auditor from fiscal year 1995-1996 through 1998-1999. Following the completion of last year's audit, we decided it was time to start a new long-term audit relationship. Accordingly, a Request for Proposals for Auditing Services was prepared and distributed on January 7, 2000 to nine national and local accounting firms. We received only one proposal from Macias, Gini and Company. The negative responses indicated that most accounting firms are no longer interested in allocating resources to small government clients. Unlike the other firms we solicited, Macias, Gini and Company specializes in government auditing. For example, the firm currently audits the counties of San Mateo and Contra Costa and the cities of Los Angeles and San Diego. I spoke with three current clients — the Controllers of Contra Costa County, Foster City and the Santa Clara Valley Water District. All three gave extremely favorable references and stated that their contracts with Macias, Gini and Company had recently been extended. Each stated that this was the best audit firm with whom they had contracted. The audits went smoothly because the staff is experienced in government auditing. Budgets and deadlines were met and staff turnover was low. Macias, Gini and Company proposed audit fees of$14,100.00 in 1999-2000, $14,800.00 in 2000-2001, and $15,555.00 in 2001-2002. This is $4,000.00 more than Grant Thorton's fee last year (although that firm attempted to charge us considerably more once the audit was completed), but in line with the fees we paid Deloitte and Touche in the early 1990's. I consider the proposed fees to be competitive in today's market and recommend that Macias, Gini and Company be retained as the District's auditors for 1999-2000 fiscal year. Prepared by: Michael Foster, Controller Contact person: Same i 3(3 Di,,tel Circle - t os Altos, CA 94022-1404 - Phone: 0-M h91-1 00 x, Yy FAX:050 091 0485) . E-mail:mrosdC!r?ol)(�nspac(,.or, . Weh trite:w,ww.opensl)are.org Baal of firer for, Pete Swnwns, Mary C�. Davev,led C'vr. Deane l itile, Nonetie Hanl<o, I3c�t4v C rowder, Kenneth C.Nitz +Gcvwr,r(Man,l��Wr:I i r.u,e 4lntton Regional Open , ace 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-00-27 Meeting 00-04 February 23, 2000 AGENDA ITEM 4 AGENDA ITEM Notice of Completion of Contract for Drainage and Surfacing Improvements to Parking Lots Located at Los Trancos, Russian Ridge, and Windy Hill Open Space Preserves GENERAL MANAGER'S RECOMMENDATION= ' Authorize the President of the Board, or other appropriate officer, to execute the attached Notice of Completion and Acceptance of Work for grading, drainage, and surfacing improvements to parking lots at three open space preserves. DISCUSSION At your November 10, 1999 meeting, you authorized the award of contract to Andreini Bros., Inc. of Half Moon Bay, in the amount of$53,850, to make drainage and surfacing improvements to parking areas located at Los Trancos, Russian Ridge, and upper Windy Hill. You also authorized the General Manager to approve incremental change orders or unit price additions in an amount not exceeding $15,000, for items not identified in the base bid, but anticipated as part of the overall project (see report R-99-144). The 1999-2000 fiscal year budget included $25,000 for the work at Los Trancos, and $32,000 for Russian Ridge, totaling $57,000. Though not specifically budgeted, the $25,000 in estimated improvements to Windy Hill's upper parking lot were approved at your May 27, 1998 meeting (see report R-98-32), as part of an upgrade to the Spring Ridge Picnic Area. The $82,000 estimated total cost for the project is available in the Capital Improvements budget for Planning. The work commenced on November 15, 1999 at the Los Trancos Open Space Preserve parking area. The contractor then moved to Russian Ridge, and lastly, upper Windy Hill. The grading, drainage, and surfacing work was substantially complete on December 8, 1999. However, during the course of the project, it was determined that the entries and surfaces adjacent to the parking lots should be paved for safety and drainage reasons. All additional work was completed in early January 2000. Staff is pleased with results of the overall project, and the work of the contractor. During the recent heavy rainfall, all parking areas remained usable and open, in contrast to the previous frequent closures of these lots following significant rainfall. 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200 FAX:650-691-0485 • E-mail:mrosdaopenspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little, Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •General Manager:L.Craig Britton R-00-27 Page 2 The costs of the project are as follows: The amount due to the contractor for construction and paving .. $ 57,000.00 The cost of the engineering ................................................. $ 3,461.13 The cost of site supervision ................................................. $ 19,454.80 The cost of incidentals ........................................................ $ 3,444.58 The total project cost is ...................................................... $ 83,560.51 The total project cost of$83,560.51 is two percent (2%) over staffs estimate, but included two additional parking lots that were not in the original estimate. Prepared by: John Cahill, Planner II Contact: Same as above WHEN RECORDED MA&TO: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attention: Planning Dept. DULY RECORDED WITHOUT FEE NOTICE OF Pursuant to Government Code Sections 6103, 27383. COMPLETION BY: NOTICE IS HEREBY GIVEN by order of the Board of Directors of the Midpeninsula Regional Open Space District, pursuant to State law that work to be performed under the contract heretofore made and executed by and between the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, as Owner therein and ANDREINI BROS., INC., as Contractor therein, bearing the date November 15, 1999 for drainage and surfacing improvements to three parking lots located at Los Trancos, Russian Ridge, and Windy Hill Open Space Preserves, situated in unincorporated San Mateo County, State of California, was completed on the 23rd day of December, 1999. Upon said contract, was surety on the bond given by said ANDREINI BROS., INC., the said Contractor, as required by law. That the title of said District to the real property upon which said work and contract was performed is that of fee title. That the address of said Midpeninsula Regional Open Space District is 330 Distel Circle, Los Altos, CA 94022. That the site addresses of said work are as follows. Los Trancos Open Space Preserve, Page Mill Road, APN 080-210-030; Russian Ridge Open Space Preserve, Alpine Road, APN 080-272-130; and Windy Hill Open Space Preserve, Skyline Boulevard, APN 076-350-080. I certify, under penalty of perjury under the law of the State of California, that the foregoing is true and correct. BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Kenneth C. Nitz President, Board of Directors Dated Signed in Los Altos, California WHEN RECORDED MAC.TO: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attention: Planning Dept. DULY RECORDED WITHOUT FEE NOTICE OF Pursuant to Government Code Sections 6103, 27383. COMPLETION By: NOTICE IS HEREBY GIVEN by order of the Board of Directors of the Midpeninsula.Regional Open Space District, pursuant to State law that work to be performed under the contract heretofore made and executed by and between the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, as Owner therein and ANDREINI BROS., INC., as Contractor therein, bearing the date November 15, 1999 for drainage and surfacing improvements to a parking lot located at Los Trancos Open Space Preserve, situated in unincorporated Santa Clara County, State of California, was completed on the 23rd day of December, 1999. Upon said contract, was surety on the bond given by said ANDREINI BROS., INC., the said Contractor, as required by law. That the title of said District to the real property upon which said work and contract was performed is that of fee title. That the address of said Midpeninsula Regional Open Space District is 330 Distel Circle, Los Altos, CA 94022. That the site address of said work is as follows: Los Trancos Open Space Preserve, Page Mill Road, APN 351-25-006. I certify, under penalty of perjury under the law of the State of California, that the foregoing is true and correct. BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Kenneth C. Nitz President, Board of Directors Dated Signed in Los Altos, California Claims No. 2000-04 Meeting 2000-04 Date: February 23, 2000 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1287 360.00 Margit Aarons Consulting Archaeologist RSA Restroom Project Consultant 1288 608.26 Acme & Sons Sanitation Sanitation Services 1289 17,000.00 Andreim Bros., Inc. Parking Lot Improvements Contractor 1290 571.15 Arne Sign& Decal Company Parking Sign Decals 1291 89.99 AT &T Telephone Services 1292 80.38 Barron Park Supply Co. Field Supplies 1293 316.56 Bay Muffler Muffler Repair 1294 1,177.75 Brazil's Excavating, Inc. Purisima Creek Storm Damage Repairs 1295 90.72 Browning-Ferris Industries Garbage Service 1296 1,290.00 Building Abatement Analytics Asbestos Survey Services 1297 6,435.00 California Conservation Corps. Pulgas Ridge Habitat Restoration Services 1298 198.00 *1 California Parks Conference Registration-B. Dolan and K. Miller 1299 116.93 California Water Service Water Service 1300 7,264.00 Carpenter Printing Map Printing 1301 120.45 Cellular One Cellular Phone Service 1302 205.64 Cole Supply Co. Janitorial Supplies 1303 399.44 Contemporary Engraving Engraving Services-Benches 1304 60.00 CPRS Recruitment Advertisement 1305 14,115.43 D & M Consulting Engineers Parking Lot Improvements Engineer 1306 86.56 Donlee Pump Company Repair Parts 1307 240.00 Emily &Associates Training Services 1308 90.00 Falcon Associates, Inc. Recruitment Advertisement 1309 50.00 Federal Express Express Mail Service 1310 78.62 Film To Frame Photo Processing Services 1311 228.97 Forestry Suppliers, Inc. Field Equipment 1312 526.84 Foster Bros. Security Systems, Inc. Locks & Keys 1313 141.99 Gardenland Power Equipment Field Supplies 1314 101.48 Garrod Farms Straw Bales-RSA Restroom Project 1315 21.60 G & K Services Shop Towel Service 1316 226.96 GreenWaste Recovery Inc. Garbage Service 1317 32.22 GTE Wireless Cellular Phone Service 1318 153.23 Goodco Press Incorporated Printing Services 1319 985.75 Greei-dnfo Network GIS Patrol Map Consultant 1320 614.27 Home Depot Field Supplies 1321 381.58 Howard Rome Martin&Ridley Legal Services 1322 45.00 govWorks, Inc. Recruitment Advertisement 1323 128.80 Jobs Available Recruitment Advertisement 1324 1,075.00 Michael Johnson Co. DC Building Construction Services 1325 3,894.20 Johnson&Associates Classification&Compensation Study 1326 287.50 Kinko's Copy Services 1327 73.59 John Kowaleski Reimbursement-Uniforms 1328 1,691.94 Lanier Worldwide, Inc. Copy Machine Lease &Maintenance 1329 955.26 Los Altos Garbage Company Dumpster Service 1330 154.55 Los Altos Typewriter Typewriter Repair Service 1331 46.04 Lucent Technologies Telephone Maintenance Services 1332 193.00 Magnussen Buick-Pontiac-GMC, Inc. Vehicle Repair 1333 1,724.28 Mayne Tree Expert Company, Inc. Tree Appraisal Services Page I Claims No. 2000-04 Meeting 2000-04 Date: February 23, 2000 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1334 244.64 MetroMobileCommunications Radio Repairs 1335 54.00 Meyer Appliance Service Appliance Repair 1336 32.02 Minton's Lumber& Supply Field Equipment&Supplies 1337 185.97 Mountain View Garden Center Field Supplies 1338 35.00 Network Solutions, Inc. Subscription Renewal 1339 2,593.00 *2 North American Title Company Title & Escrow Fees 1340 500.00 *3 North American Title Company Title &Escrow Fees 1341 125.25 Northern Energy Propane Service 1342 76.32 Office Helper Office Supplies 1343 50.28 Orlandi Trailer, Inc. Vehicle Parts 1344 1,051.31 Office Depot Office Supplies 1345 1,236.32 Orchard Supply Hardware Field Supplies 1346 955.67 Pacific Bell Telephone Services 1347 151.55 Pacific Coast Seed Inc. Restoration Seed 1348 4,483.91 Panko Architects DC Building Interior Improvements 1349 5,100.00 *4 Petrotek Diesel Tank Installation Contractor-SRO 1350 1,000.00 Popish Appraisal&Consulting Appraisal Services 1351 20.69 Rancho Ace Hardware&Garden Shop Restroom Supplies 1352 36.13 Rayne Water Conditioning Water Service 1353 860.68 Rebholtz Mechanical, Inc. Enterprise Rentals-HVAC Maintenance 1354 110.00 Redwood Plumbing &Heating Heating Service Call 1355 541.63 Regal Dodge, Inc. Vehicle Repairs 1356 154.91 REI Uniform Boots 1357 3,056.00 Reliable Crane & Rigging RSA Restroom Installation 1358 2.60 Royal Brass Inc. Equipment Part 1359 55.00 Roy's Repair Vehicle Repairs 1360 1,200.00 David Kossack-San Andreas Land Conservancy Vegetation Mapping Consultant 1361 674.16 San Francisco Chronicle Recruitment Advertisement 1362 1,592.40 San Jose Mercury News Recruitment Advertisement 1363 10.00 *5 San Mateo County Public Health Lab Tick Testing 1364 5.93 Sears Equipment Part 1365 169.55 Sequoia Analytical Water& Lead Testing 1366 431.23 Signs of the Times Signs 1367 555.00 Duncan M. Simmons Reimbursement-Bar Dues 1368 1,200.00 Slaght Living Trust Employee Rental Residence 1369 331.98 Stevens Creek Quarry Baserock-RSA Restroom 1370 282.27 Summit Uniforms Uniforms 1371 129.00 Terminix Pest Control Services 1372 3,366.30 Urtited Rentals Equipment Rental 1373 3,217.50 *6 Valley Tree Care Tree Pruning Service-RSA Restroom Project 1374 935.00 Valley Tree Care Tree Pruning Service-DHF 1375 103.00 Verio/Best Internet Field Office Internet Service 1376 450.00 Verio Pacific DC Building Internet Service 1377 2,284.71 VISA 97.26-Office Supplies 1607.68-Field Supplies 46.27-Local Business Meeting 253.50-Conference Airfare 280.00-Recruitment Advertiseement Page 2 Claims No. 2000-04 Meeting 2000-04 Date: February 23, 2000 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1378 496.00 WAC Corporation Aerial Photography 1379R 134.85 Tom Fischer Vehicle Expense 1380R 692.36 Lucent Technologies Telephone Lease &Maintenance 1381R 255.64 Pitney Bowes Credit Corporation Postage Machine Lease 1382R 91.76 M. Douglas Vu Vehicle Expense 1383R 225.48 Petty Cash Vehicle Expense, Business Meeting Expense, Nature Center Supplies&Office Supplies *1 Urgent Check Issued February 10, 2000 *2 Urgent Check Issued February 10, 2000 *3 Urgent Check Issued February 18, 2000 *4 Urgent Check Issued February 14, 2000 *5 Urgent Check Issued February 16, 2000 *6 Urgent Check Issued February 10, 2000 Total 106,275.87 Page 3 Claims No. 2000-04 Meeting 2000-04 Date: February 23, 2000 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1287 360.00 Margit Aarons Consulting Archaeologist RSA Restroom Project Consultant 1288 608.26 Acme&Sons Sanitation Sanitation Services 1289 17,000.00 Andreim Bros., Inc. Parking Lot Improvements Contractor 1290 571.15 Arne Sign& Decal Company Parking Sign Decals 1291 89.99 AT&T Telephone Services 1292 80.38 Barron Park Supply Co. Field Supplies 1293 316.50 Bay Muffler Muffler Repair 1294 1,177.75 Brazil's Excavating, Inc. Purisima Creek Storm Damage Repairs 1295 90.72 Browning-Ferris Industries Garbage Service 1296 1,290.00 Building Abatement Analytics Asbestos Survey Services 1297 6,435.00 California Conservation Corps. Pulgas Ridge Habitat Restoration Services 198.00 *1 California Parks Conference Registration-B. Dolan and K. Miller 1298 116.93 California Water Service Water Service 1299 7,264.00 Carpenter Printing Map Printing 1300 120.45 Cellular One Cellular Phone Service 1301 205.64 Cole Supply Co. Janitorial Supplies 1302 399.44 Contemporary Engraving Engraving Services-Benches 1303 60.00 CPRS Recruitment Advertisement 1304 14,115.43 D & M Consulting Engineers Parking Lot Improvements Engineer 1305 86.56 Donlee Pump Company Repair Parts 1306 240.00 Emily&Associates Training Services 1307 90.00 Falcon Associates, Inc. Recruitment Advertisement 1308 50.00 Federal Express Express Mail Service 1309 78.62 Film To Frame Photo Processing Services 1310 228.97 Forestry Suppliers, Inc. Field Equipment 1311 526.84 Foster Bros. Security Systems, Inc. Locks &Keys 1312 141.99 Gardenland Power Equipment Field Supplies 1313 101.48 Garrod Farms Straw Bales-RSA Restroom Project 1314 21.60 G &K Services Shop Towel Service 1315 226.96 GreenWaste Recovery Inc. Garbage Service 1316 32.22 GTE Wireless Cellular Phone Service 1317 153.23 Goodco Press Incorporated Printing Services 1318 985.75 Greenlnfo Network GIS Patrol Map Consultant 1319 614.27 Home Depot Field Supplies 1320 381.58 Howard Rome Martin&Ridley Legal Services 1321 45.00 govWorks, Inc. Recruitment Advertisement 1322 128.80 Jobs Available Recruitment Advertisement 1323 1,075.00 Michael Johnson Co. DC Building Construction Services 1324 3,894,20 Johnson&Associates Classification&Compensation Study 1325 287.50 Kinko's Copy Services 1326 73.59 John Kowaleski Reimbursement-Uniforms 1327 1,691.94 Lanier Worldwide, Inc. Copy Machine Lease&Maintenance 1328 955.26 Los Altos Garbage Company Dumpster Service 1329 154.55 Los Altos Typewriter Typewriter Repair Service 1330 46.04 Lucent Technologies Telephone Maintenance Services 1331 193.00 Magnussen Buick-Pontiac-GMC, Inc, Vehicle Repair 1332 1,724.28 Mayne Tree Expert Company, Inc. Tree Appraisal Services Page 1 Claims No. 2000-04 Meeting 2000-04 Date: February 23, 2000 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1333 244.64 MetroMobileCommunications Radio Repairs 1334 54.00 Meyer Appliance Service Appliance Repair 1335 32.02 Minton's Lumber&Supply Field Equipment& Supplies 1336 185.97 Mountain View Garden Center Field Supplies 1337 35.00 Network Solutions, Inc. Subscription Renewal 1338 2,593.00 *2 North American Title Company Title & Escrow Fees 1339 500.00 *3 North American Title Company Title & Escrow Fees 1340 125.25 Northern Energy Propane Service 1341 76.32 Office Helper Office Supplies 1342 50.28 Orlandi Trailer, Inc. Vehicle Parts 1343 1,051.31 Office Depot Office Supplies 1344 1,236.32 Orchard Supply Hardware Field Supplies 1345 955.67 Pacific Bell Telephone Services 1346 151.55 Pacific Coast Seed Inc. Restoration Seed 1347 4,483.91 Panko Architects DC Building Interior Improvements 1348 5,100.00 *4 Petrotek Diesel Tank Installation Contractor-SRO 1349 1,000.00 Popish Appraisal &Consulting Appraisal Services 1350 20.69 Rancho Ace Hardware&Garden Shop Restroom Supplies 1351 36.13 Rayne Water Conditioning Water Service 1352 860.68 Rebholtz Mechanical, Inc. Enterprise Rentals-HVAC Maintenance 1353 110.00 Redwood Plumbing&Heating Heating Service Call 1354 541.63 Regal Dodge, Inc. Vehicle Repairs 1355 154.91 REI Uniform Boots 1356 3,056.00 Reliable Crane &Rigging RSA Restroom Installation 1357 2.60 Royal Brass Inc. Equipment Part 1358 55.00 Roy's Repair Vehicle Repairs 1359 1,200.00 David Kossack-San Andreas Land Conservancy Vegetation Mapping Consultant 1360 674.16 San Francisco Chronicle Recruitment Advertisement 1361 1,592.40 San Jose Mercury News Recruitment Advertisement 1362 10.00 *5 San Mateo County Public Health Lab Tick Testing 1363 5.93 Sears Equipment Part 1364 169.55 Sequoia Analytical Water& Lead Testing 1365 431.23 Signs of the Times Signs 1366 555.00 Duncan M. Simmons Reimbursement-Bar Dues 1367 1,200.00 Slaght Living Trust Employee Rental Residence 1368 331.98 Stevens Creek Quarry Baserock-RSA Restroom 1369 282.27 Summit Uniforms Uttiforms 1370 129.00 Terminix Pest Control Services 1371 3,366.30 United Rentals Equipment Rental 1372 3,217.50 *6 Valley Tree Care Tree Pruning Service-RSA Restroom Project 1373 935.00 Valley Tree Care Tree Pruning Service-DHF 1374 103.00 Verio/Best Internet Field Office Internet Service 1375 450.00 Verio Pacific DC Building Internet Service 1376 2,284.71 VISA 97.26-Office Supplies 1607.68-Field Supplies 46.27-Local Business Meeting 253.50-Conference Airfare 280.00-Recruitment Advertiseement Page 2 Claims No. 2000-04 Meeting 2000-04 Date: February 23, 2000 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1377 496.00 WAC Corporation Aerial Photography *1 Urgent Check Issued February 10, 2000 *2 Urgent Check Issued February 10, 2000 *3 Urgent Check Issued February 18, 2000 *4 Urgent Check Issued February 14, 2000 *5 Urgent Check Issued February 16, 2000 *6 Urgent Check Issued February 10, 2000 Total 104,875.78 Page 3 Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To Board of Directors From: C.Britton,General Manager 1 Date: February 23,2000 Re: FYIs i I I 330 Distel Circle • Los Altos, CA 94022-1404 • Phone: 650-691-1200 Fax: 650-691-0485 • E-mail: mrosd@openspace.org • Web site: www.openspace.org i JFROM Healthtrac PHONE NO. : 6503249329 FEB. 3. 2000 6:50PM P 2/3 Sarah Tilton Fries 135 Farm Road Woodside, CA, 94062 Januar-,, 31, 2000 D FEB 18 20 The Beard of Directors Midpeninsula Regional Open Space District 330 Di,tel Circle Los Altos, CA 94022 To Eac'1 Director: We want to thank you and the other Open Space District Directors for your decision to table Itf:m 12, Use Designation of the Sausal Trail in the Windy Hill Preserve, at the Board meeting on January 26"', 2000. The issue clearly needs further consideration and thoughtful review. However., as long time supporters of the District and POST, We were genuinely troubled by the way this item appears to have been handled by district staff. First of all, there appears to have been a lack of communication among staff members who were involved with the development of this trail and with members o t f the Town of Portola Valley Trails Committee who actively participated in the plartning. I have spoken separate ly to the Committee Chairman and two of the Committee members, each of whom rode endentl confirmed that the h Independently y had been given assurances by OSD staff that the Sausal Trail would be open to horses. In fact, the Chairman stated that, largely on the basis of these assurances, the Committee had agreed to relinquish another trail easement into the preserve. When the Trail was completed, it was very clearly signed: Temporarily Closed to horses and bikes. The sign also included language indicating that the trail needed to compact and settle before the expanded use could be permitted. This request seemed very reasonable and was respected. All of us valued the prospect of the new trail and had no wish to damage it; but we looked forward to the time when horses could use it and checked regularly to see if'that time had arrived. You can imagine my surprise when I checked on Friday, January 21", and found that permanent signs were in pace and the heavy narrow wooden stiles which block entrance to horses had been erected, Clearly, staff had made a decision on the Use Designation before the item was even on the Board Agenda. Were this not the case, they could simply have left the "temporary" signs in place a l.ttle longer. Secondly-, I was concerned by the seeming arbitrariness of the staff recommendation to keep horses off the Sausal Trail. It did not appear to be based on data or experience. The comment that the new trail was rather steep and narrow ignored the experience on the Razorback and Hatnms Gulch trails. These trails in the Preserve hate been shared by FROM Healthtrac PHONE NO. : 6503249329 FEB. 3. 2000 6:50PM P 1/3 hikers and riders successfully since they were opened a number of years ago. The Sausal Trail is no steeper or narrower than either of these; it is only shorter. (And yes, riders do enjoy a loop trail as much as hikers.) Further, it appears that staff failed to consider the possibility that the road behind the Sequoias may be closed for construction of the access to the K.apsenell(?sp.) parcel being developed within the Preserve. In that case, if the Sausal Trail is closed to horses, they would have no access to the preserve frotn the parking area. Finally, we fully agree with staff that the needs o1'Sequoias residents should be considered when any decision is made on the Windy Hill preserve. Yet, it was only Directo:- Crowder who contacted them and learned that they find horses on the trails quite accepta')le, though not the mountain bikes. Cetlainly, this has been the experience of all of us. Hikers frequently engage us in conversation, and we almost always get a friendly greeting,, (Even as a non-threatening middle aged. lady, I never get this response from hikers when riding my mountain bike.) It bothers us that horses and bikes are frequently lumped together when trail decisions are made; in fact, the needs and the impact of horses are much closer to those of the bikers than those of the trail bikers. I certainly don't disparage the bikers and would support trails for their use. But I also know that that the horses are an essential element among those which define the character of the Portola Valley and Woodside communities. Those who ride them and those who just enjoy seeing them value their presence. We all want to see that presence supported. For all e,f the reasons we've elaborated, we sincerely hope you will decide to open the Sausal 'frail to horses as soon as weather permits, Sincerely, Sarah Tilton Fries .lames I-'. Fries M.D. J WE, THE UNDERSj,__4ED, HAVE READ THE ATTACHL- LETTER FROM THE FRIES AND DO AGREE WITH THEIR CONCERNS AND THEIR CONCLUSION THAT THE SAUSAL TRAIL IN THE WINDY HILL SHOULD BE OPENED TO HORSES. o SIGN TU DHSS CIT7 AND ZIP CODE gcl- /1 y c"/o v WE, THE UNDERSIuiAED, HAVE READ THE ATTACHE LETTER FROM THE FRIES AND DO AGREE WITH THEIR CONCERNS AND THEIR CONCLUSION THAT THE SAUSAL TRAIL IN THE WINDY HILL SHOULD BE OPENED TO HORSES. SIGNATURE ADDRESS CITY AND ZIP CODE 97" yy gcsk CA- ReA to lburK. 9A/0a S 4UL-r-O bi\5W61 (A 0zj 5-42 dlt 9 78 q p �r � 0 _ — d q 2 No z V)V- FAY- llz� a �' 2H �� C4 j WE, THE UNDERSl--_QED, HAVE READ THE ATTACHL_ LETTER FROM THE FRIES AND DO AGREE WITH THEIR CONCERNS AND THEIR CONCLUSION THAT THE SAUSAL TRAIL IN THE WINDY HILL SHOULD BE OPENED TO HORSES. SIGNATURE ADDRESS CITY AND ZIP CODE /.fox, o/'zo 3G 3 ��(/o�dr�dc CX 9yoc)- .�, 3 3 ✓a�l `� oz� . f y /vI�S erc f Sc1h 1 el# n70 L r . WE, THE UNDERSItJNED, HAVE READ THE AT TACHRLETTER FROM THE FRIES AND DO AGREE WITH THEIR CONCERNS AND THEIR CONCLUSION THAT THE SAUSAL TRAIL IN THE WINDY HILL SHOULD BE OPENED TO HORSES. SIGNATURE ADDRESS CITY AND ZIP CODE Po-Ac 84-� OV Dok CDUR'T s M GA 944o san Mateo 944� c0-g7�L�o d D41 Y, a� SS T y//rta Ato J& h(1Q.ad III 4F�lt � I ' I I • I WE, THE UNDERSI",L ED, HAVE READ THE ATTACH,-_ LETTER FROM THE FRIES AND DO AGREE WITH THEIR CONCERNS AND THEIR CONCLUSION THAT THE SAUSAL TRAIL IN THE WINDY HILL SHOULD BE OPENED TO HORSES. SIGNATURE ADDRESS CITY AND ZIP CODE Z 35 43 Pam c WE, THE UNDERSIZED, HAVE READ THE ATTACHL_ LETTER FROM THE FRIES AND DO AGREE WITH THEIR CONCERNS AND THEIR CONCLUSION THAT THE SAUSAL TRAIL IN THE WINDY HILL SHOULD BE OPENED TO HORSES. IGNATURE ADDRESS CITY AND ZIP CODE L,A, J0 WA / C;i( 7457 A/te el n 2� co,4L. o� � L Po,I (D lin 2 9 C) I I I avv-s q Lin Z-tom U -� �Y1a ` S or 2-.t o 4- osS o rive. u-r. ScCA 1 SSJ rndad Sf #( L ITS CA 9402Z /� /� S �S �✓��( Ida _ }�ec�,w� t c� cl Y64 z d r • WE, THE UNDERSk ED, HAVE READ THE ATTACH,- t ETTER FROM THE FRIES AND DO AGREE WITH THEIR CONCERNS AND THEIR CONCLUSION THAT THE SAUSAL TRAIL IN THE WINDY HILL SHOULD BE OPENED TO HORSES. SIGNATURE ADDRESS CITY AND ZIP CODE WE, THE UNDERSi ED, HAVE READ THE ATTACHh- ..ETTER FROM THE FRIES AND DO AGREE WITH THEIR CONCERNS AND THEIR CONCLUSION THAT THE SAUSAL TRAIL IN THE WINDY HILL SHOULD BE OPENED TO HORSES. SIGNATURE ADDRESS CITY AND ZIP CODE 9 L1��5 kille -0 Ave, ANerfoo qqo39 5 ast Creed Dr. Mtnlo Park `(403-5 �h�f Cr, c n 1 0 Ala CA rf Li 301 2 0 WE,THE UNDERSIZED, HAVE READ THE ATTACHL LETTER FROM THE FRIES AND DO AGREE WITH THEIR CONCERNS AND THEIR CONCLUSION THAT THE SAUSAL TRAIL IN THE WINDY HILL SHOULD BE OPENED TO HORSES. SIGNATURE ADDRESS CITY AND ZIP CODE 1 qZc ��r��c t�� ��` �'L 'tC�c� � �_��c �r �-S Fran, q q 1 a,,-� I r, L cr"3 t/t� (F.3`� 0,, ►Q Lo c c� q b h o so root b k 73 61 F lbrideN De PC,, l Al-�b L( 3 0� 4 ` c r twoop Llirt. T�s n yo Ej�e� r�� 3 ( SGYXE' Cy� Las kics, CA / - `-2rj--,,, fivlzk tla ��io WE,THE UNDERSi_ ED, HAVE READ THE ATTACHL LETTER FROM THE FRIES AND DO AGREE WITH THEIR CONCERNS AND THEIR CONCLUSION THAT THE SAUSAL TRAIL IN THE WINDY HILL SHOULD BE OPENED TO HORSES. SIGNATURE ADDRESS CITY AND ZIP CODE Lao W� ��6cqzj&kA- fL- bu�-�-( N c,,vn4_ 94-o 10 k" C I-c viT f r& i uj, SLA NKE-r i72• L s AL-TO-' N L-L S 04 '�y'�-�►- ►tics Co-e S e- 2 45 i ,�— C r r►.ei/ &51tse %�u � ��� OQa. LoS /��tDSc[S 2Z o f -b q f �AS ll�j rJOL,A 5 �4(50L? yam Sr Ufl IS, Na 6A JV6)� � I a� LCOa�s qS iz 13y3y .�Ulanda 14oS AL/vs WE,THE UNDERSi ED, HAVE READ THE ATTACH. LETTER FROM THE FRIES AND DO AGREE WITH THEIR CONCERNS AND THEIR CONCLUSION THAT THE SAUSAL TRAIL IN THE WINDY HILL SHOULD BE OPENED TO HORSES. SIGNATURE ADDRESS CITY AND ZIP CODE /o s cep'tv ' A, Z ►� np 5- p I-) / ;7,,qo--1 Vjood( 7'h (�d . WOO l tfo Los �UL SIX ku1 L.o S c4 9 a z 8� iye 1/1�W,/or-7 4,OQ 11-7-4 ULne,� �n�� '4 N�,e lc:,ei St- �WbVV-r rw 9 q ao PC t 4)�c (o v(V"c �S� WE,THE UNDERSI_ ED, HAVE READ THE ATTACHL. LETTER FROM THE FRIES AND DO AGREE WITH THEIR CONCERNS AND THEIR CONCLUSION THAT THE SAUSAL TRAIL IN THE WINDY HILL SHOULD BE OPENED TO HORSES. SIGNATURE ADDRESS CITY AND ZIP CODE y '� �f N -i�'��✓ or �SaVl Ov l oS C1 a 0 70 -DO &an f�ol�ow �c�l �24u«Qero� �f� I�f06 � kavulw, b I�El C-46)El-t- id&j M qwqo C--o a-,-- u- `� _ . `�o� � �;��, c �►� OTM, U .ems c A t�uaga /os Z A)-A4 Sfi ^. �- LA--, r ,� S-5 CA C A- `YYI.e ., Po-k t'0 C wustr 1�I`SbUNlt' 5-1J 1 l? WE, THE UNDERSi ED, HAVE READ THE ATTACH. „ETTER FROM THE FRIES AND DO AGREE WITH THEIR CONCERNS AND THEIR CONCLUSION THAT THE SAUSAL TRAIL IN THE WINDY HILL SHOULD BE OPENED TO HORSES. SIGNATURE ADDRESS CITY AND ZIP CODE %1-4 UR / f wc- C?4v i_p_ � q IA y �s-iz l Ct ct- v d / cto/i s /-1 vc S bA +�ff llft,+ kaktkjc�- NVvo G , 33 ( So- Jos-t a-T CHIN 11e'�1 3 3 �r S� Joss cI 5 t Z ti Lo%e ►-s l '�(Q q 5—o z C WE, THE UNDERSIRED, HAVE READ THE ATTACHELETTER FROM THE FRIES AND DO AGREE WITH THEIR CONCERNS AND THEIR CONCLUSION THAT THE SAUSAL TRAIL IN THE WINDY HILL SHOULD BE OPENED TO HORSES. SIGNATURE ADDRESS CITY AND ZIP CODE (Zooz�W,, 1 in6A,Q P7D Famil6i Farm kod 9L1D6� o 9 Sao /" 1 r )5 Oa kli) r oo CkIC6 . 0 la 5-�s- cto� St �p1. Sill IV 1 944m mf vllpy�'l flov") Eb j 0.s V"N a 14-1ca S 70 1 0 oi�' VY' ; R C44 I5070 GAua k13.K4" PkvF CIS qqo- & - Ur poi zCnevukd VI\k \WLJ003 CAS , g4OD\ WE, THE UNDERSI _ .ZD,HAVE READ THE ATTACH,_ -ETTER FROM THE FRIES AND DO AGREE WITH THEIR CONCERNS AND THEIR CONCLUSION THAT THE SAUSAL TRAIL IN THE WINDY HILL SHOULD BE OPENED TO HORSES. SIGNATURE ADDRESS CITY AND ZIP CODE n � v.k j vcS� , C.1r� t PCs Lowv l P,t c, 6 1 r , q k ) QIVAU R113,G q4 z o Sr CFI cyI0 VS3S 4.ECt Ci4CY-L4- C �pl cl -A it s CA 1 l 7 EIm�►o r- vj 5y 5t�n ,.� /� C t� IL'la�(s cl 5-- Fto efor t i WE, THE UNDERSIAD, HAVE READ THE ATTACHL. -ETTER FROM THE FRIES AND DO AGREE WITH THEIR CONCERNS AND THEIR CONCLUSION THAT THE SAUSAL TRAIL IN THE WINDY HILL SHOULD BE OPENED TO HORSES. SIGNATURE ADDRESS CITY AND ZIP CODE vct ((Q^ '71fogg, 3333 Ca fi) �E )1 r S - S �cs S�- 1306 Me L zfrd Ave" 1�.� A��o I" F�- �7 V �-G �J414 DS (� lie.Aq VPP I- V AV9 P*J LO WV_ 4q&Z,5— ��4 ►� ( l� e C � yo s I� WE,THE UNDERSI, _:D, HAVE READ THE ATTACHL -ETTER FROM THE FRIES AND DO AGREE WITH THEIR CONCERNS AND THEIR CONCLUSION THAT THE SAUSAL TRAIL IN THE WINDY HILL SHOULD BE OPENED TO HORSES. SIGNATURE ADDRESS CITY AND ZIP CODE "&'ov�P � l� JAY f f1t f # � vw- Aa X, a- CA ')�bNT' Cc,_ cf our Jev�r a &1mlivIl)Vfl 1-2,49-7 NA)� CA *0� 3 �• : f S.1' ' C' C 70 VA ccts "vL_.l_t l n vl A 11 c1-1 );A& MD (,Jrloi L GF/ Ct-rl CIO ()� cI 7 0 �cll/�►�� �lG1A 13z ) A) iG I C. a C710 � ore Page I of 2 Craig Britton From: Craig Britton <Cbritton@openspace.org> To: Craig <cbritton@openspace.org> Sent: Wednesday, February 23, 2000 10-26 AM Subject: Re: Stateside LWCF Monies Released * LANDS LEGACY FUNDING FOR THE STATES * $40 Million in Land Acquisition Grants in FY 2000* * February 14, 2000 • President Clinton today announced $40 million in land acquisition grants • for all 50 states and the U.S. territories. The grants can be used to • acquire land or easements for parks, greenways, wildlife habitats, or • coastal wetlands. Funding must be matched 50-50 by states, resulting in • a total investment of at least $80 million. > Breakdown by state: > Alabama $635,406 > Alaska $351,448 > Arizona $696,484 > Arkansas $478,163 > California $3,170,885 > Colorado $635,074 > Connecticut $602,141 > Delaware $373,537 > Florida $1,584,888 > Georgia $876,415 > Hawaii $405,739 > Idaho $386,470 > Illinois $1,299,245 > Indiana $762,634 > Iowa $494,156 > Kansas $492,307 > Kentucky $568,420 > Louisiana $654,474 > Maine $387,068* > Maryland $756,076 > Massachusetts $854,178 > Michigan $1,106,724 > Minnesota $668,106 > Mississippi $474,766 > Missouri $717,057 > Montana $360,369 > Nebraska $424,026 >Nevada $453,192 >New Hampshire $396,787 >New Jersey $1,039,791 >New Mexico $433,148 > New York $1,881,460 > North Carolina$865,426 > North Dakota $353,623 > Ohio $1,220,309 > Oklahoma $549,531 > Oregon $559,556 2/23/00 Page 2 of 2 > Pennsylvania $1,308,627 > Rhode Island $400,023 > South Carolina$598,391 > South Dakota $356,263 > Tennessee $715,412 > Texas $1,918,411 > Utah $476,076 > Vermont $346,201 > Virginia $848,926 > Washington $773,060 > West Virginia $426,147 > Wisconsin $700,869 > Wyoming $340,660 > Dist. Of Columbia $81,662 > Puerto Rico $540,193 > Virgin Islands $50,000 > Guam $50,000 > American Samoa$50,000 >Northern Marianas $50,000 > *Land acquisition grants are apportioned among the states and >territories primarily according to population. Authorizing legislation > allows the Secretary of the Interior to reserve a portion of the annual > appropriation for critical projects. This year's contingency fund of$2 > million is being committed to the state of Maine for the purchase of > high-priority conservation easements or other interests in lands. 2/23/00 STANFOA OPEN SPACE AtLIANCE P.D. Box 1974Z,Stanford, C4 94309 - (650)223-3333 - SDS_4lliance@ynahoo.com February 21, 2000 Dear SOSA Friends, Congratulations! Together we've made great progress over the past few months. The meeting of the Santa Clara County Board of Supervisors on January 25 went very well. 57 people spoke, and at the end,Supervisor Joe Simitian made some excellent remarks regarding Stanford's development plan. Among other things, he stated: "I would specifically ask our E1R consultants and our planning staff to consider the full range of possibilities available to our Board for protecting those 2,000 acres —consistent, of course, with the University's legal rights as a property owner. In addition to the use of an academic growth boundary and/or general plan and zoning designations, I think it would be helpful to consider the potential for open space dedication, the granting of conservation easements, the transfer of development rights, the use of a development agreement, clustered development, or some combination of those tools, to protect the foothills." Now it's up to us to follow the Environmental Impact Report process closely while keeping pressure on the Stanford Trustees to set aside the foothills as permanent open space. The draft EIR will be released in June, and the final document should be completed in the fall. We're optimistic about the direction things are going, but we must continue to be vigilant. One exciting new SOSA project is our effort to get more Stanford alumni involved in the campaign. Lynn Stewart, SOSA's Alumni Outreach Coordinator, has drafted a sign-on letter to the Board of Trustees (see enclosure). So far, more than 175 alumni have signed the letter, and we should have no trouble at least doubling this number. If you're a Stanford alum and would like to add your name, please contact Lynn at lynn.stewart@stanfordalumni.org or 650-223-3333. Also, please encourage your friends to sign on as well. To get to know each other better and discuss some of the issues close to our hearts,SOSA is planning a potluck on Wednesday, March 8 at 6:30pm at the home of Janet Rutherford, 1924 Edgewood Dr. (near Greer Rd.) in Palo Alto. For more information or to RSVP, please contact Janet at rrutherford@earthiink.nei or (050') 2/3-33303. Thank you for all your help. We could't have gotten this far without all your voices. The campaign is far from over,but working together, I'm confident we will save the foothills. Sincerely, D Peter Drekmeier a P E%l SOSA Director P.S. The Compton Foundation has generously offered SOSA a $5,000 matching grant. This means any donation you make in the next few weeks will be doubled! Please help us continue our work by sending a donation to SOSA in the enclosed envelope. � t E V Ur 7 Help Save the Stanford Foothills! 0" by DON lxttttaic 1) Write a letter to the Supervisors encouraging them to do everything in the Cr �� tub their power to protect the foothills: 3 o here was a moment last week them through the process., in ned carefully Santa Clara County Board of Supervisors ¢ Tclear San when it ner University ane I d�littl gut Stanford's 70 W.Hedding St., 10'Floor o is ;odeed,facing a new reality as it pleas during months of meetings, San Jose,CA 95110 a`° plans for its future. but be finally spoke up last week. fax:(408)298-8460 The Santa Clara County Board While stressing that he was of Supervisors was holding a spe- punting forward ideas,not final rec- joe.Simitian@bos.co.sel.ca.us clef meeting to hear what people ommendations,he was able to bad to say about the university's touch on almost all aspects of the raiment 10-year campus develop- plan,including the area where 2) Volunteer at a SOSA table. Contact Janet ,went plan,which will add 3,000 Stanford and pare of rite communi- Rutherford at rrutherford@earthlink.net ww housing units and about 2 tail- ty one at such odds:the foothills. ( ) fion square feet of academic space. Simitian praised a county plan- or 650 223-3333. The planning process has been Wing staff recommendation that doing on for a long time,with would essentially mean almost no dozens of meetings and public development west of Junipero Ser- 3) Put a "Save the Foothills"bumpersticker hearings beginning last year.A lot ra Boulevard.He said other op- of people have had a lot to say lions—including open space dedi- on your vehicle. about Stanford and its plans. cation—should be considered. Last week was no exception,as What is probably Simitian's key 57 people stepped forward to tell point is worth repeating at length 4) Come to the SOSA potluck on March 8. the county officials what they (emphasis is his): thought. ...the Community Plan,as a They included passionate Stan- package of amendments to our 5) Write a letter to the editor' ford supporters who toasted the re- c ounty's General Plan,must be a markable academic achievements county plan reflecting the counn's of the university,environmentalists pctspective and interests.As it is San Jose Me News who fear for the future of the Stan- presently written,the Community J Mercury ford foothills and people who were Plan is predicated on the primacy 750 Ridder Park Dr. angry that anyone would tell Stan- of the university's mission,rather San Jose,CA 95190 ford what to do with its,extensive fax:(408)271-3792 and valued open space. The Stanford open space Al- Simitian has listened letters@sjmercury.com fiance,a group formed last year to carefully and said lobby for preserving the foothills, little about Stanford's Palo Alto Weeklyhanded out brightly colored"Save the Foothills"bumper stickers to its plans during months P.O.Box 1610 members and friends in the audi- Palo Alto,CA 94302 ence.And whenever a speaker of meetings, but he fax (650)326-3928 cartes forward to argue in favor of finally spoke up last open space,they all held up their week. letters@paweekly.com bumper stickers. Palo Alto and Menlo Park have Palo Alto Dail News offered extensive comment on than the public interest Because y Stanford's plans.A slew of green this is a public document designed 29 Alma St Space Al to and enhance the fives of 3 Stanford p� protect Palo Alto,CA 94301 p g itathce,Committee for Green the public,the Dais and strategies fax:(650)327-0676 Foothills,Bay Area Action,the set forth in the plan must be rooted Peneditorial@paloaltodailynews.com Found Conservation Center in public interest" Foundation and the Sierra Club, The Board of Supervisors meet- among others are pushing hard ing was a speedy affair,with 57 San Francisco Chronicle for foothills protection. speakers—two minutes mar` So is the Midpeninsula Regional each—squeezed into about two 901 Mission St. Open Space District hours.Unlike other meetings,there San Francisco,CA 94103 The Palo Alto Chamber of Com- was no applause for individual fax:(415)543-7708 marce and Palo Alto League of speakers. Women Voters have offered com- There was,however,applause chronletters@sfgate.com merits strongly supportive of Stan- when Simitian finished his re- marks.Most of the 200 or so Poo- hers'of the ple in the supervisors'chambers community have stepped forward appeared to be clapping. Storke Publications Building to say Stanford should be allowed A gaggle of high-ranking Stan- Stanford,CA 94305 to do what it wants,or that Stan- ford officials,sitting in the front fax (650)725-1329 fad is a developer ton amok,or center of the room,stated straight letters50)725-1329ord.edu that"I love Stanford,but.."or abed with their hands in their laps. some variation thereof. The days of the county allowing But it's now up to the four men Stanford to do pretty much whatev- w it on the San- er it wants with its lands a to woman who s and one 1� u Clara Canty Board of Supervi- be over.'That's the new reality sors.And four of those are looking Stanford is facing.The county has to the fifth,Joe Simitian,former assumed jurisdiction. Palo Alto school board member, Don Kazak is the Weekly's se- city councilman and mayor,to lead mor staff writer. I STANFOAt OPEN ,SPACE ALLIANCE P.O. Bav 19742, Stanford, Ctt 94309 *(650)223 3333 •SOS_111ance@yahoo c0m Patty Cheng,Secretary Stanford Board of Trustees Building 310,Main Quad Stanford,CA 94305-2060 Dear Chairman Bass and Stanford Trustees: We are writing to comment on Stanford's development plans,as outlined in the Draft Community Plan submitted to Santa Clara County.We write as alumni with deep love for the University,but deep concern regarding its current direction. As a century-old institution destined to continue playing a leading role in the new millennium,Stanford must think in the long term. It is time for the University to chart a course that will be sustainable--for itself, its neighbors, and its local environment-for at least another century.It is time for Stanford to act with integrity for the long-term good of the community, exemplifying the values it seeks to impart to its students. Accordingly, it is time to think seriously about how big the University really needs to become.Many other institutions have maintained their eminence without major physical expansion.In contrast,Stanford plans to enlarge its physical plant by one-third over the next decade,on top of the millions of square feet added in the last.Moreover,despite the obvious need for protection of open spaces in an increasingly congested area, the plan fails to guarantee any long-term protection of Stanford lands,on the theory that the unpredictability of the future requires unlimited flexibility in land use. Surely a world-class institution can do better than this.Planning for sustainability will undoubtedly be challenging,but true leadership requires making predictions about future needs and commitments to future generations. We therefore request that you direct the University Planning Office to take the following specific steps, which will ultimately benefit the Stanford community as well as its neighbors and its regional environment. - Dedicate all the lands southwest of junipero Serra Boulevard-the foothills,which are priceless to both the University and the region--as permanent open space.If the Trust is believed not to permit permanent dedication,a 99-year commitment would be a good start. - Preserve as much open space as possible within the rest of the campus,recognizing that open space is not a"frill"in comparison with the'basics"of bigger labs and sports facilities. - Establish and abide by a maximum intended buildout for the campus. - Prioritize housing for the Stanford community over other uses,especially uses that would expand the size of that community. We intend to take the decisions made on these matters into consideration in evaluating our future financial contributions to the University. Thank you for considering these comments, and for those actions you have taken in the past that have helped maintain the physical character of the campus. (See signatures on reverse) Alumni Signatures (as of 2/18/00) Doug Abrams,'89 Elaine Haight,M.S.'88 Elizabeth A.Olson,'97 Gypsy Achong,'96 Karen Hales,Ph.D.'97 Phil Patton,'98 Virginia DuPraw Anderson,'72 Carol Hankermeyer,'60 Rachel Pelc,'98 Ron Avitzur,'90 Michael Harville,'9Z M.S.'97 Linda W.Perry,'75 Elizabeth Bacon,'95 Barbara Kreamer Haskins,'68 Daniel Platt,'95 Nick Bandouveris,'83 Denis Hayes,'69 Donald R.Price,'53,MBA58 Jack Barbash,Ph.D.'94 Kevin Hearl e,'80 Stewart Purkey,'69 Irene A.Beardsley,'57,M.S.'58, Robert A.Hernmes,Ph.D.'69 Beth Puryear,'86 Ph.D.'65 Martha L.Henning,'70 Martin Puryear,'90 Harry Beller,Ph.D.'95 Blythe Henwood,'95 Ryan Ratcliff,'96 Scott Benson,Ph.D.'97 John Hillstrom,'91,M.S. 94 Martin Ratner,Ph.D.'74 David Bernstein,Ph.D.39 Jennifer Holthaus,M.S.'96 Alison Reid,'89,M.A.'90 Doug Bourn,'73 Jeffrey Hook,'78 George Reinhardt,70 Bill L.Bower,'73 Allison Lo Wai Huang,M.S.'99 R.Douglass Rice,'74 Lawrence M.Breed,'62,M.S.'65 Stephanie Hughes,M.S.'88, Amy Rickerson, 95 David Michael Bubenik,M.S.'70, M.S.190 Andy Riedel,'90 Ph.D.'76 Judith Humburg,'68,M.A.79 Laura Rodman,M.S.'83, Charles Bunch,'90 Terry Alana Hunter,74, Ph.D.'87 Patricia Murman Burbank,'63, M.A.76 Christopher Rossbach,'92 M.A.'66 Blake A.Ilstrup,'93 Eric E.Sabelman,'68,M.S.'69, Susan F.Burgenbauch,'65 Aisha jeter,'97 Ph.D.'76 Andrew Butler,'83 Douglas S.Johnson,'83,M.S.'88 James Sachs,M.S.'78 Elliott Campbell,'98 Hope Johnson,M.S.'94 Ines Salazar,Ph.D.'93 Robert Carlson,'72 Robert Joyce,'95 Christopher Lee Sauer,'90 Alice Cathcart,'97 Julie Kay,'98 Jorge Reina.Schement,Ph.D.76 Monica L.Chavers,'% Severa Keith,'93 Steve Schmidt,'63 Melissa Harrington Clemens,'93 Yoriko Kishimoto,MBA'79 Randy Schutt,77,M.S.77 Elaine Coburn,MA-'98 Anthony J.Kramer,Ph.D.'67 Kimball Sekaquaptewa,'97 Beth Cooperrider,'89,M.S.'% Joseph C.Kresse,'60,MBA'64 Meghan Sharkey,'95 Bryan Cooperrider, 89 Heather Kuiper, 89 Dave Siegel,197 Barry Cornell,M.S.'89 Joshua Latimer,'92 Greg Siegel,'95 Douglas B.Crawford,'49 Aldora Lee,'60,'83 Jane Sjogren,M.A.'73,Ph.D.'81 Janet Dafoe,73,Ph.D.'85 Robert C.Leichner,M.S.77 David Smernoff,Ph.D.'93 W.T.Davids,M.S.'73 Raphael M.Lerner,M.S.'82 Ted Smith,J.D.'72 Kathleen Davies,M.S. 99 Robert Andrew Leuzinger, Charlene Son,'92 Scott C.Davis,'70 M.S.185 Jim Spickard,70 Alison Derbenwick,'92 Karen Levy,'95 Peter Steinhart,'65 Elaine Derbenwick,M-A.'69 Richard M.Lindenauer,'62 Lynn Stewart'81 Linda Dittmar, 64,Ph.D.70 Paul Loeb,'74 Tom Stibolt,'71 Mark Donnelly,79 Ned Lucks,199 Luke Greenley Stone,196 Barbara Dudley,'67 Brooke Lyons,'97 Judith Strasser,M.S.'69 Patricia M.Dudley,'65 Jim McIntyre,M.S.*93 Analivia Suchman, 97 Bruce Dykaar,Ph.D.'94 Melanie Mahtani,Ph.D.194 Chris Tacklind,M.S.'84 Andrew Einaudi,'% Meghan Mazzoni,'86 Brooke Thompson,'99 John Emmel,'82 Doug Menke,'74 Ruth Meyers Troetschler,'47 Catherine Engberg,'95 Deborah E.Merrill,'97 Joshua Troll,'99 Steven Enstad,'94 Stephen Eric Miller,'91 Jill Troy, 90 Suzanne Marie Fanger,'94 April Minor,'95 Dirk van Nouhuys,'56 Kristen Farren,'97 Sharon B.Minsuk,'82 Scott Veirs,'92 Charles Fitts, 67,75 Cam Mitchner,'92 Analisa Vincent,'97 Kathleen Claire Fitzpatrick,'90 Steven M.Moore,'89 Robert Vobejda,'78 William H.Frye,M'69 Birgitte Vinding Moyer,'61, Randy Vogel,'86,M-A.'87 Yoshiko Fujita,Ph.D.'97 M.A.'62,Ph.D.'69 Jim Warren,MS.75 Carl Gabrielson,'87 Chris Muchmore,'97 Carl Wescott,'90 Lawrence Garwin,'87 Paul Muhl,'89,M.A.93 Linda Wheeler,'66 John R.Gilbert,Ph.D.'81 Linda Neale,71 Elizabeth Whalley,Ph.D.'76 Jacob Goldstein,'95 Virginia Simson Nelson,'63, Carlin Wiegner, 99 Paul B.Goldstein,M.S.'65 M.D.70 Medill Hanna Williams,'61 Gwyn Gordon,'89 John Niekrasz, 99 Rebecca Wittrock,'81 Alisa Greene,'85,MS.'87 Elisa M.Nino-Murcia,'97 Bruce Wooster,192 David Greene,Ph.D.74 Mark A.Nokes,Ph.D.78 Hyung-Seok Harold Yoo, % Monika Greenleaf,'73 Gray Norton,93 Regional Open .)ace -------------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT February 23, 1999 Elliot Katz, DVM In Defense of Animals 13l Camino Alto Mill Valley, CA 94941 Dear Dr. Katz: Thank you for your February 15th, 2000 letter related to wild pigs in the South Skyline area. Because your letter was received on February 16`", the day after the Use and Management Committee meeting on this subject, I am answering your letter with a copy to the full Board of Directors. At the February 15t" special meeting, the Use and Management Committee unanimously voted to recommend to the full Board a three-year trial wild pig control program in the South Skyline area, initially funded for 2000-2001 fiscal year. Their recommendation specified that staff should work cooperatively with neighboring agencies while simultaneously researching non-lethal alternatives to reduce wild pig damage on District lands. The full Board will finalize the 2000-2001 fiscal year budget, which includes the pig control program, at its general meeting on March 22, 2000. At a subsequent meeting the Board will consider an authorization to go to bid for this program. Staff has put you on a mailing list to keep you abreast of upcoming meetings regarding wild pigs. Thank you for your concern about the wild pigs on District lands. If you have any filrther questions please feel free to contact Jodi Isaacs, the District's Resource Management Specialist. Si erely, L. Craig ritton General Manager BC : i J cc: MROSD Board of Directors 330 Distel Circle • Los Altos, CA 940 22-1404 • Phone:650-691-1200 FAX: 650-691-0485 • E-mail: mrosdnopenspa<:e.org • Web site:www.openspace.org 8iwrd or Director,:Pete Siemens.%Ixv C:_Dave% led Cvr, Deane Little, Nionette Hanko, Bctsv Crowder,Kenneth C. Vitz • Gvnerat,4tan,t er:L Craig Hntton 1 A IN DEFENSE OF ANIMALS Feb. 15, 2000 Use and Management Committee Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Dear Board Members: On behalf of the 80,000 members of In Defense of Animals, 15,000 of whom live in California, I implore the MROSD to consider and implement non- lethal measures to deal with the Nvild pig damage on your lands. Killing wild pigs to "control' them will be only a temporary fix, as remaining wild pigs will reproduce abundantly to fill the void and also move into safer locales to escape the predation. This will demand increased killing that is sustained over long periods of time over larger areas. Except on the Channel Islands off California, and this requiring great expense and methods of extreme cruelty in killing the wild pigs, eradication and/or control measures have not shown sustained success. Your organization should not want to create a more serious problem than the one that may now exist. Lethal means of"control' most probably will do just that. If you feel you must do something, we will support a decision from this committee meeting to study alternative approaches to lessening wild pig damage that are preventive in nature, not lethal. We will not support a MROSD decision to begin killing wild pigs, as the "trial three-year control program" is a deadly decision that a compassionate and ethical public cannot, should not and will not support. Thank you for taking the time to consider alternatives to the wholesale killing of innocent animals. Sincerely, DC E 9 V E­m r - Elliot M. K z, DVM President � $ IN DEFENSE OF ANUMALS• 131 CAMINO ALTO• MILL VALLEY,CA 94941 • (415)388-O641 • FAX(415)388-0388 ida@idausa.org idausa.org • www.idausa.org Regional Open Space •—r--. •,,.�..». -a...._.,,..-._..w.....,...ter •-�'"""~°.......a.....,,V ",°mow--^y,. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To Board of Directors From: C. Britton,General Manager t� Date: February 18,2000 Re: FY1 i i I 330 Distei Circle • Los Altos, CA 94022-1404 • Phone: 650-691-1200 Fax: 650-691-0485 • E-mail: mrosd@openspace.org • Web site: www.openspace.org i Regional Open " _ .ice 2 MEMORANDUM MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To: Craig Britton From: Del Woods C. 1 Subject: San Francisco Bay Trail Regional Development Grant Program Date: February 18, 2000 In January 1999, the City of Mountain View submitted a grant application to the San Francisco Bay Trail Regional Development Program for design studies associated with the development of a .75-mile segment of the Bay Trail. The trail segment is to be located on NASA property adjacent to southern and eastern boundary of the District's Steven Creek Shoreline Nature Study Area. The total project cost is estimated at $50,000 and $20,000 in grant funds have been requested. The proposed .75-mile trail will be developed on an easement the District is attempting to obtain from NASA, The trail project is proceeding in partnership between the District, City of Mountain View, and San Francisco Bay Trail Project. The City's grant application is consistent with the parameters of the project as approved by the Board of Directors in September 1996 (see attached report R-96-95). The parameters include the District accepting a recreational trail easement from NASA,and both the City and District cooperating in seeking grant funds for the development of the trail. Ultimately the City may manage the trail as an extension of their Steven Creek Trail. While the District continues to negotiate the terms of the trail easement with NASA, the City desires to proceed with the planning and design phase of the project. The grant funds from the Bay Trail Regional Development Program will provide for a feasibility study with construction cost estimates, legal description and survey. The City will undertake the CEQA/NEPA documentation. If funded the design work will get underway this summer. I I 130 Distel Circle • Los Altos, CA 94022-1404 - Phone: 650-691-1200 FAX: 650-691-0485 • E-mail mrosdtRopenspace.org Web site:www.openspace.org Beard of Dire(tors:fete Siemens,Mar C.Dave Jed Cyr, Deane I ittle, Nonette Hanko, s ' Mary C. y, y Betsy Crowder, Kenneth C. Nitz •General h4,rnager:l_Crif,r;Eiritton Regional Open S, #7e i 1 Meeting 96-19 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT September 25, 1996 AGENDA ITEM Acceptance of General Parameters for Future Planning and Development of San Francisco Bay Trail Around Stevens Creek Shoreline Nature Study GENERAL MANAGER'S RECOMMENDATION Approve, in concept, the general parameters for future planning and development of a 3/4 mile section of the San Francisco Bay Trail around Stevens Creek Shoreline Nature Study Area over lands of NASA/Ames. BACKGROUND Over the past 15 years, the District has participated in a regional planning effort to develop the segment of the San Francisco Bay Trail between Shoreline at Mountain View and Sunnyvale Baylands Park. The forum in which this trail segment, as well as other sections of Bay Trail, are discussed is the South Bay Ad Hoc Committee. The Committee is comprised of representatives from local and regional public agencies, organizations, and landowners seeking ways to resolve Bay Trail issues associated with public use, environmental protection, security, and private property rights. Since September 1991, the South Bay Ad Hoc Committee has focused on developing a segment of Bay Trail g y along the northern perimeter of the NASA/Ames property. Other nearby trail alignments were investigated but found to be infeasible due to operational problems ems associa ted with salt Pond management practices. Most recently, the planning efforts turned towards the NASA/Ames property where a feasible trail alignment was defined that would minimize NASA/Ames security and maintenance concerns. A trail corridor near the north boundary of NASA/Ames has been agreed upon by the Committee and a short segment of the trail is now being proposed for development. If successful, it will serve as a model for the longer regional trail connection between Shoreline and Sunnyvale Baylands Park. The groundwork for implementing this critically important trail link has been completed by the South Bay Ad Hoc Committee and it is now time for participating agencies to become increasingly involved and agree on general parameters for the project. Although project is small in nature, it is complex and will require a high degree of cooperation between NASA/Ames, the City of Mountain View and the District. 330 Distel Circle . Los Altos, CA 94022-1404 . Phone:415-691-1200 . FAX:415-691-0485 . E-mail:mrosd®netcom.com Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit General81anager:L.Craig Britton R-96-95 page 2 The purpose of this report is to define the general parameters and seek Board approval to move forward with negotiations for joint agreements with participating agencies. DISCUSSION The project is comprised of developing a 3/4 mile segment of the Bay Trail between the southwest and northeast corners of Stevens Creek Shoreline Nature Study Area. The trail would be aligned entirely within NASA/Ames property, starting from the existing District trail along Stevens Creek and extending east and north on a levee that forms the east boundary of the Nature Study Area (see attached map). The trail would be adjacent to and south of the marshlands and provide valuable recreational and educational opportunities. The area has been relatively inaccessible in the past and is expected to be very popular with hikers and wildlife observers. The first segment of the trail between Stevens Creek and the southeast comer of the nature study area would be located within the NASA/Ames perimeter fence where facilities must be relocated. A fence, currently located on the northern boundary of the property will need to be relocated approximately 20 feet back from the property line in order to provide the necessary space for the trail to be constructed adjacent to the wetlands. Within the 20 foot trail corridor, there are existing storage structures, supplies, equipment, and concrete fill that will need to be moved to make room for the trail. The trail would consist of a 14 foot wide compacted base rock path with accouterments such as culverts, gates, signs, benches, and an observation deck. Additional security fencing would be required at the southeast comer of the project area to restrict public entry eastward in the direction of nearby research facilities. The followingare general parameters which if approved Boar ro ed b the d would be used as the g F� � PP Y basis for proceeding with the project: 1. The District will consider accepting a recreational trail easement from NASA/Ames, assuming the terms of the easement are acceptable to the District and provide for long-term use. Since the success of the project largely depends on grant funds for development, it is important to note that these funds are more readily available for projects having a long life span. The District and the City of Mountain View will hopefully be amenable to a provision for temporary closures requested by NASA/Ames for the purposes of safety when unusual circumstances arise. 2. The District and City of Mountain View will cooperate in seeking grant funds for the development and ongoing maintenance of the trail. A joint grant application for a project like this would be very competitive under most grant programs. When the pedestrian bridge was developed across Stevens Creek with the assistance of California Coastal Conservancy, the District applied for the grant funds and the City of Mountain View administered the grant. A similar arrangement would be desirable for this project. R-96-95 Page 3 3. The District will seek a management agreement with City of Mountain View to provide for regular patrol and maintenance of the trail. District lands, ranger facilities, and ranger staff are geographically concentrated in the foothills region, making it difficult to increase patrol efforts in the Stevens Creek area. On the other hand, the City of Mountain View manages adjacent lands including the Stevens Creek Trail and may more easily be able to extend their services to the project area. Also, the trail can be viewed as a natural extension of the Stevens Creek Trail which has proven to be highly beneficial to Mountain View residents. CCEE ZA COMPLIANCE The District concludes this action is not considered a project under the California Environmental Quality Act Guidelines. Prepared by: Del Woods, Senior Planner Contact person: Same as above 5.0 Concepts oithe Future South Bay Ad Hoc Committee's Proposed Northern Bay Trail (NASA will allow implementation along the Moffett Field border to the Guadalupe Stough maximum extent feasible;phasing , a the implementation may occur as `. obstacles are overcome) Salt Evaporation _ \/ Ponds 'O 39 It 1 Salt Evaporation �'�� '�' •o Ponds `\ 4.16 O SAN ' FRANCISCO \ _ i N-217 a o 0 BAY I q ti 0 i (PHASE 7•BAY TRAIL C %r 1 MROSD BAY TRAIL BRIDGE CRITTENDEN BRIDGE ------------------- SHORELINE Existing Steven's Creek Trail KEY 276 acres Existing Buildings Wetland Areas 0 ;a; LIN Non-Wetland .Areas ✓ , Potential Bay Trail(Northern Route) Phase l - 3/4 Mile Trail Segment .Moffett Field Compreherz4k-e Use Plan