THIRD AMENDMENT TO THE OPERATING LEASE AGREEMENT OF COMMUNITY COLLEGE DISTRICT REGIONAL PRESERVE

THIS THIRD AMENDMENT TO THE OPERATING LEASE AGREEMENT (Third Amendment), made and entered into as of ______by and between the Ohlone Community College District, a public agency (College) and the East Bay Regional Park District, a special district (Park District). The College and Park District are individually referred as a “Party” and collectively as “Parties” in this Third Amendment.

WHEREAS College owns certain real property adjacent to Park District’s Mission Peak Regional Preserve as described in Exbibit A (the Property) attached hereto and made a part hereof; and

WHEREAS College may enter into leases with political subdivisions of the State of California pursuant to the provisions of Sections 81430-81433 of the California Education Code; and

WHEREAS, Park District has the authority to enter into leases of real property for park and recreation purposes pursuant to California Public Resources Code Section 5540; and

WHEREAS, on October 13, 2004, College and Park District first entered into a Lease Agreement to provide for public park, recreation, and open space uses of said area with an initial term of five years (Lease); and

WHEREAS, on July 1, 2011, pursuant to the terms of the Lease, College and Park District extended the term of the Lease until November 30, 2014 (First Amendment); and

WHEREAS, on December 1, 2014, pursuant to the terms of the Lease, College and Park District extended the term of the Lease until November 30, 2019 (Second Amendment); and

WHEREAS College and Park District desire to enter into this Third Amendment to further extend the term of the Lease in order to continue to provide for public park, recreation, and open space uses of said area; and

WHEREAS all capitalized terms not otherwise defined herein shall have the meaning set forth in the Lease.

NOW, THEREFORE, in consideration of the mutual covenants herein contained and for other good and valuable consideration, the College and Park District hereby agree to amend the Lease as follows:

1. College agrees to extend the term of the Lease to Park District for the Premises for a period of ten (10) years, commencing on December 1, 2019, and terminating on December 1, 2029. By written mutual agreement by Park District and College, the Lease may be extended for an additional period of ten (10) years.”

Except as specifically modified by this Third Amendment, all terms and conditions of the Lease, as amended by the First and Second Amendments, shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment, the day and year first above written.

COLLEGE PARK DISTRICT

OHLONE COMMUNITY COLLEGE EAST BAY REGIONAL PARK DISTRICT DISTRICT a California special district a public agency

By: ______By: ______General Manager

Title: ______

Approved as to form: Approved as to form:

By: ______By: ______District Counsel District Counsel

EAST BAY REGIONAL PARK DISTRICT and OHLONE COMMUNITY COLLEGE DISTRICT

FIRST AMENDMENT TO OPERATING LEASE AGREEMENT

This First Amendment to Operating Lease Agreement is hereby approved by the mutual agreement of the parties to the Operating Lease Agreement dated October 13, 2004, by and between the Ohlone Community College District, a public agency ("District") and the East Bay Regional Park District, a California special district ("Park").

A. Effective Date and Parties: Effective July 1, 2011, Park and District mutually agree as follows.

B. Purpose: On October 13, 2004, Park and District entered into an Operating Lease Agreement forthe purpose of leasing of a portion of District's property, together withthe necessary appurtenances thereto, all hereinafter referredto as the "Premises," and located on and adjacent to the Campusin Fremont, California. Premises The are commonly known as a portion of the Mission Peak Regional Preserve, Ohlone College corral and park access area, and the Peak Trail. The Premises are as depicted in the revised Exhibit "A" to the Operating Lease, attached andincorporated hereto.

C. Amendment to Agreement: The Operating Lease Agreementis amended as follows:

1) District agrees to extend theterm of theOperating Lease to Park for the Premises for a period of five (5) years, beginning December 1, 2009 and ending on November 30, 2014.

2) The first sentence of Paragraph 7 Considerations is amended to read as follows:

Park agrees to place a hiking/biking gate at the entrance to the Panorama Trailhead located at Witherly Lane, all within the Ohlone College Campus, in lieu of rent forthe new term. This gateshall be completed by December 31, 2011.

3) Paragraph14 Insurance is amended in its entiretyto read as follows:

14. Insurance.

A. Policies of Insurance.

Park shall maintain in full force and effect during the term of this Lease and any extension hereof, the following insurance:

1) Workers' Compensation. As required by Section 1860 of the California Labor Code (Chapter 1000, Statues of 1965), or any subsequent amendments or successor acts ther�to governing the liability of employers to their employees, the Park shall procure and maintain Workers' Compensation coverage with All indemnitees who are no expressly parties to this Lease shall be deemed third party beneficiaries under this Lease for purposes of enforcing any rights to indemnification and insurance granted in this Lease, and shall be entitled to seek attorney's fees and costs as provided in Section 27 in any dispute arising from the enforcementof said rights.

E. Self-Insurance.

Park may self-insure the above required coverages. Park must submit a certificate of insurance coverageto the Districtwithin ten (10) days after execution of the First Amendment, evidencing such coverage.

D. Effect: Except as modified by this Amendment, all terms and conditions of the Operating Lease Agreementdated October 13, 2004 shall remain in fullforce and effect.

IN WITNESS WHEREOF, the parties hereto have executed this Amendment, on the day andyear indicated.

DISTRICT PARKS

OHLONE COMMUNITY COLLEGE EAST BAY REGIONAL PARK DISTRICT DISTRICT /' A public agency A California special distric !

By:� .·� Title: life ; IN s\Jet' 1 Date: 1)1 to/ r1

District Counsel, EBRPD EXHIBIT A

MISSION PEAK REGIONAL PRESERVE DIida� ...... lwlld&,yllfld propc,l)'hu ,napclolh-onIm -rcpNRIII I bounda,yorprapany c,,.�,--r-• hi--,. TI,., hi, larO.aice(UMO) �l'arti _.. ..r.prucMadonuto ..a - OHLONE COLLEGE PROPERTY lhtamnryolNilp,Oflt")'Nlltl(wM7�1ba►.-t110fiu5tyh�byrusen r,_.._...... ,,...� ""-��-11.. 11-2011-• 2011 Lease Renewal eln:fiancc lhereot\, Uscofdil1l'lllflto,- odiffchVI ID llltcndtd ��thewrittc11 O.-U,'20CIII teMaico/lMl'D, ..�•"'"°""llt,HJII_.,. ..,. ..

EBRPD Mission Peak D Regional Parle EBRPD / Ohlone College Lease Area LJ Neighboring parcels ''_ • Existing Regional Trails EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2011 - 9 - 198

September 6, 20 I I

AUTHORIZATION TO ENTER INTO A FIRST AMENDMENT TO OPERATING LEASE AGREEMENT WITH OHLONE COMMUNITYCOLLEGE DISTRICT FOR THE OPERATION AND MAINTENANCE OF THE PEAK AND PANORAMA TRAILS AND SURROUNDING PROPERTY LOCATED ON OR ADJACENT TO THE OHLONE COMMUNITYCOLLEGE CAMPUS: MISSION PEAKREGION AL PRESERVE

WHEREAS, by Resolution No. 2004-11-226 adopted on November 2, 2004, the Board of Directors authorized the East Bay Regional Park District (District) to enter into an operating lease agreement for the operation and maintenance of the trails and open space located within or adjacent to the Ohlone Community College Campus located on Mission Boulevard. in Fremont, California; and

WHEREAS, this operating lease agreement ended on November 30, 2009, and has been extended on a month-to-month basis since that time; and

WHEREAS, a mutually acceptable agreement for extension of the lease term has now been reached and the Park District wishes to enter into a First Amendment to the Operating Lease Agreement for the continued operation and maintenance of the subject area; and

WHEREAS, this First Amendment to Operating Lease extends the term of the lease from December I, 2009 to November 30, 2014, and gives the Park District the right to develop a hiking/biking gate access within the Ohlone College Campus along Witherly Lane to Mission Peak Regional Preserve; and

WHEREAS, the District has continuously maintained and operated the subject area over the past 30 years; and

WHEREAS, in consideration of the District's management and operation of the subject property no rental is charged to the Park District and there are no direct costs associated with this First Amendment to Operating Lease Agreement otherthan stafftime;

NOW, THEREFORE. BE IT RESOLVED that the Board of Directors of the East Bay Regional Park Districthereby authorizes the General Manager to enter into a First Amendment to Operating Lease Agreement with the Ohlone Community College District for the continued operation and maintenance of the trails and open space located within or adjacent to the Ohlone College Campus; and

BE IT FURTHER RESOLVED, that the Gener.al Manager is hereby authorized and directed, on behalf of the District and in its name, to execute and deliver such documents and to do such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution.

Moved by Director Radke, seconded by Director Wieskamp, and adopted this 6th day of September, 2011 by thefollowing vote :

FOR: Whitney Dotson, Beverly Lane, Ted Radke, Carol Severin, Doug Siden, John Sutter,Ayn Wieskamp. AGAINST: None. ABSTAIN: None. ABSENT: None.

BovertyLane , BoardPresident

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