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HomeMy WebLinkAboutPRC 12.02.1993 Agenda CITY OF CUPERTINO PARKS AND RECREATION DEPARTMENT REGULAR COMMISSION MEETING Council Chambers 10300 Torre Avenue 408-252-4505 December 2, 1993 7:00 p.m. AGENDA + CALL TO ORDER 1. SALUTE TO THE FLAG 2. ROLL CALL 3. INTRODUCTIONS 4. ORAL COMMUNICATIONS 5. Members of the audience regarding matters not on the agenda. OLD BUSINESS 6. Information - Cost estimates for resurfacing and lighting projects at Cupertino Sports Center. NEW BUSINESS 7. Review and authorization of lease agreement with Friends of Stevens Creek Trail office at McClellan Ranch Park. MINUTES OF PREVIOUS MEETING 8. Approval of November 4, 1993 Parks and Recreation Commission minutes. WRITTEN COMMUNICATIONS 9. MONTHLY REPORTS 10. Review November Recreation Program Monthly Report. 11. Community Contacts Report. MISCELLANEOUS - NO ACTION REQUIRED 12. Legislative Update. 13. Mayor's Luncheon. 14. Staff Oral Rcports. ADJOURNMENT 15. Adjournment to regularly scheduled meeting of Parks and Recreation Commission on January 6, 1994, 7:00 p.m.,Council Chambers. Kew I M"3 41 IS PM w � PARKS and RECREATION COMMISSION MEETING Date: NAME ADDRESS l ._ n Of C UPf 4 rt., i Z i-' / C� ` r PO RN♦ 10300 Torre Avenue Cupertino, CA 95014 (408) 252-4505 Summary Parks and Recreation Agenda Item Number 7 Agenda Date December 2, 1993 SUBJECT AND ISSUE Review and authorization of lease agreement with Friends of Stevens Creek Trail office at McClellan Ranch Park. BACKGROUND Recently the City of Cupertino endorsed the Friends of the Stevens Creek Trail and staff has conducted negotiations with their officers for occupancy at McClellan Ranch Park. The organization is in need of a small office space to conduct their business and the McClellan Ranch house is very suitable for their purposes. This arrangement is consistent with the recently adopted Master Plan for McClellan Ranch Park and the nature of this organization is relevant to the environmental nature of McClellan Ranch users. Based upon a recent evaluation of the market place, it would appear that $1.00 per square foot is a fair rate for McClellan Ranch house. Staff is very excited about the Friends of Stevens Creek occupancy at McClellan Ranch Park and their presence will be very beneficial for the development of our Stevens Creek Trail plan. Attached for your review is a copy of the proposed lease. Rhonda Scherber, president of Friends of Stevens Creek Trail is requesting Commission consider waiving the monthly rental, due to the contribution this organization will make to the City of Cupertino. Although state is sympathetic to their need to keep costs at a minimum, it would be unfair for the City to charge one tenant and not another (Audubon Society). During these economic times it is important for the City to maximize revenue potential regardless of how small, and therefore staff would not recommend waiving the rental fee or the S250.00 deposit. RECOMMENDATION The Parks and Recreation Commission recommend to City Council authorization of a lease with Friends of Stevens Creek Trail for office space at McClellan Ranch Park. LEASE AND CARETAKER AGREEMENT FOR THE McCLELLAN RANCH HOUSE This Lease and Caretaker Agreement ("AGREEMENT") is made by and between the City of Cupertino ("CITY") and the Friends of Stevens Creek 'frail, a California corporation, ("LESSEE"). The premises to be leased by this AGREEMENT is a portion of what is commonly known as the "McClellan Ranch House," and more particularly described as 22221 McClellan Road, McClellan Ranch Park, City of Cupertino, County of Santa Clara, State of California ("PREMISES"). The PREMISES consist of one office within the ranch house consisting of 81 square feet, together with the non-exclusive use of hallways, restrooms, and outside parking facilities. This AGREEMENT is entered for the purpose of making available for lease of the PREMISES owned by the CITY on the condition that: (1) the LESSEE pay the rent above described, (2) the LESSEE is responsible for caretaking duties of the PREMISES site as set forth in the terms of this AGREEMENT, and (3) the LESSEE provides the CITY with educational programs, and informational workshops to the Cupertino community as set forth in the terms of this AGREEMENT. CITY AND LESSEE AGREE AS FOLLOWS: I. LEASE TERM: The lease of the PREMISES shall commence on December 1, 1993 and end two years later, on November 30, 1995, at which time the lease may be renegotiated after evaluation by the CITY. 2. Uhd: Rent shall be based upon the rate of $1.00 per square foot per month. Effective December 1, 1993, LESSEE shall occupy the back office of 81 square feet for a monthly rate of$81.00. Total rent shall be $81.00 payable in advance on the first day of each calendar month. LESSEE shall pay rent to CITY at 10300 Torre Avenue, Cupertino, California, Attention Finance Director, Room 101. In the event rent is not paid within ten (10) days after the date due, rent is deemed late and delinquent and a late charge of $20.00 plus interest at the rate of 10% per annum on the delinquent amount shall he assessed. LESSEE further agrees to pay $20.00 for each dishonored bank check. 3. SECURITY DEPOSIT: A security deposit of$250.00. not applicable toward the last month's rent payment, shall be due and payable at the commencement of this term. 4. UTILITIES T i FPHON OFFI FOUIpI\� T .� E1ST: CITY shall be responsible for the payment of all utility bills applicable to the PREMISES including water, electrical services, garbage and janitorial services for said PREMISES. LESSEE shall be responsible for its own telephone service and shall provide for its own office equipment and furnishing. 5• TAXES: LESSEE shall be responsible for payment of any and all possessory interest property taxes. 6. MAINTENANCE: CITY shall be responsible for maintaining the PREMISES, including doorways, windows, sidewalks adjacent to said PREMISES and the interior of the PREMISES in good and sanitary order, condition and repair, normal wear and tear excepted, provided, however, that LESSEE shall be responsible for damages caused by the negligence of its employees, invitees or guests. LESSEE shall not commit waste on the PREMISES. 7. ALTERATIONS AND FP IR /A CFSS: LESSEE shall not paint, paper, or make alterations to the PREMISES without prior written consent from the CITY. LESSEE shall permit the CITY and its agents to enter into and upon the PREMISES at all reasonable times for purposes of inspecting the same or for the purpose of maintaining or repairing the PREMISES. Access to the PREMISES is limited to CITY employees or agents, LESSEE employees or agents, and members of the public receiving services provided by LESSEE. 8. JJQURS OF OPERATION: LESSEE shall maintain an office facility during normal hours of operation. LESSEE shall determine its own hours of operation, provided that said hours are between 8:00 a.m. and 10:00 p.m. LESSEE shall be responsible for securing the facility and setting of the burglar alarm at the end of each day. 9. COMMON AREA/PARKING: LESSEE may utilize the hallways, restrooms, and parking facilities without additional rent; provided, however. that if LESSEE wishes to utilize other areas of McClellan Park for which CITY normally charges a user fee, LESSEE shall be responsible for payment of said fee. CITY shall be entitled to utilize all common areas for program activities upon giving LESSEE seven (7) days advance notice. CITY retains the right to designate exclusive parking for LESSEE, or any other LESSEE of the PREMISES, or in the event that, in the opinion of the CITY, the parking lot becomes over-utilized. It is estimated that LESSEE's need for parking shall not exceed 12 spaces. 10. IN ' ;RAN ' : LESSEE shall maintain insurance as outlined in the insurance and indemnity requirements as set forth in Exhibit A, attached hereto and incorporated herein by this reference. 1 1• INDEMNIFICATION: CITY shall not be liable for any damage or injury to any employee, guest, or invitee, or to any property occurring within the PREMISES or within the common areas. LESSEE agrees to hold CITY harmless from any claims for damages unless such damage is the proximate result of negligence or unlawful conduct of CITY, its agents or employees. 12. SUBLETTIN . AND ASSI rNI����1T LESSEE shall not assign, sublet, or transfer this lease or any portion thereof. Any attempt to assign, sublet, or transfer shall be void and shall constitute grounds for the termination of this lease by the CITY. 13. ANIMALS: No animals shall reside in or on the PREMISES without prior written consent of the CITY. 14• ORDINANCES AND TALI UTFc• LESSEE shall comply with Cupertino's Municipal Ordinances and all State and Federal Statutes and Ordinances now in force, or which may hereafter be in force pertaining to the use of the PREMISES 15. SIGNAGE: The CITY shall provide signage designating facility and organizations utilizing the facility. 16. CARETAKER DUTIES: As caretakers of the PREMISES and the surrounding grounds, LESSEE promises to do the following: a) Require that its employees who regularly operate the PREMISES obtain training from the CITY's Naturalist and become familiar with the McClellan Park Rules and Title 13 of the Cupertino Municipal Code, which governs the use of parks and buildings of the CITY. Report to CITY's code enforcement and violations of the above- referenced regulations found by LESSEE (a copy of Cupertino Municipal Code, Title 13, is attached hereto as Exhibit B). b) Notify the CITY's Parks and Recreation office prior to anv absence from the PREMISES for any extended period of time. c) Report incidents, such as park misuse and vandalism, and anv emergencies, such as burglaries, to the McClellan Ranch Caretaker or, if he is unavailable, to the County Sheriff. In the event the Sherifrs office is involved, report the incident to the Director of Parks and Recreation. (CITY shall fumish LESSEE with a list of contact numbers prior to occupancy of the PREMISES). 17. B)_TU1N OF KFyc. Upon termination of this AGREEMENT, the keys to the PREMISES including all duplicated sets, are to be hand delivered to CITY's Parks and Recreation Director or an authorized representative. 1 g• HOI.DIN OV 'R: Any holding over after the expiration of the lease term, with the written consent of the CITY, shall be construed as a month-to-month tenancy in accordance with the terms of this AGREEMENT, until either party termi tenancy by giving the other party thirty (30) days written notice del nates the ivered by certified mail. 19. GR�S FORT R MiNa Ttn��. AGREEMENT upon any breach by LESSEE, Of any y rma materetains ial term, provision,io to rn,[coven nate his or condition thereof. CITY shall first provide LESSEE written notice of an ant breach in this AGREEMENT an Y perceived d LESSEE shall have ten (10) days to correct or resolve said condition. Either party may terminate this Agreement at any time by giving ninety (90) days written notice to the other party. Unless otherwise terminated in accordance with the terms of this Agreement, this Agreement shall continue in force and effect for the period specified in Section One of this Agreement. 20• YALYER: The failure of CITY to exercise any right hereunder shall not constitute waiver of such right. 21. A IQRNLL - F FS: If legal action is commenced to enforce or to declare the effect of any provision of this AGREEMENT, the revailin attorneys' fees and costs incurred in such action. p g p shall be awarded 22. TIDE: Time is of the essence of this AGREEMENT. 23. Q►tI1BM: All Exhibits hereto, specifically Exhibits A and B, are incorporated herein and made part of this AGREEMENT by this reference. 24 ENTIRE A rRFFMFNT• This AGREEMENT consisting of six (6) pages, constitutes the entire AGREEMENT and supersedes any pri parties, or agreement between the 25. ADDITIONA[ D F I FccEE. E and CITY entering into this Lease and Caretaker Agreement with goals of enhancing ng hey lity of environmental programs for the CITY and providing a natural area for the conduct of some of LESSEE'S ongoing activities. As such, both the CITY through the CITY Naturalist, and LESSEE agree to work together throughout the term of this Lease to try t program of activities mutually beneficial to CITY and LESSEE. o develop a 4 LESSEE has executed this Lease and Caretaker Agreement for the PREMISES in McClellan Ranch Park on this day of 1993. By Friends of Stevens Creek Trail CITY has executed this Lease and Caretaker Agreement for the PREMISES in McClellan Ranch Park on this day of , 1993. By _ Donald D. Brown City Manager Attested By Kim Smith City Clerk Approved as to form Charles T. Killian City Attorney Attachments: Exhibit A - Insurance and Indemnity Requirements Exhibit B - Cupertino Municipal Code, Title 13 ExwaU A 1�fTT � T'r' TiTp���r,N,r� ladC=4: LESSEE agrees to indemnify and hold harmless the City of Cupertino, its officers, employees and elected officials, boards and commissions from all suits, actions, claims, causes of action, costs, demands,judgments and liens arising out of the LESSEE'S performance under the AGREEMENT, including the LESSEE'S failure to comply with or carry out any of the provisions of the AGREEMENT. In• rA=: LESSEE shall take out prior to commencement of the performance of the terms of the AGREEMENT, pay for, and maintain until completion of the AGREEMENT, the following types of Policies. These Policies must cover at least the following, which are minimum coverages and limits. I Comnrehensiv� rP.neral Liability InaU ; including the following: exposure exits).A. Premises Operations (including completed operations, if the B. Broad Form Blanket Contractual. C. Personal Injury coverages A, B and C. 1• All coverages must have a minimum of $1,000,000 per occurrence, $2,000,000 aggregate. II. Workers COmDenC9finn; LESSEE shall provide CITY with a co LESSEE'S Workers Compensation coverage. p pY of III. Endortem nts: On all required insurance the following endorsements must be a part of each ilia A. The City of Cupertino, its officers and employees, and agents are to be additional insured. B. Thirty (30) days notice of cancellation or reduction in coverage of any nature must be given to the City of Cupertino. C. The insurance policies must be endorsed to show that they arc primary, and any other valid and collectible insurance the City of Cupertino may have will be excess only. D. All insurance policies must be satisfactory to the Cit} of Cupertino. EXHIBIT B ORDIN,%:;Cr; 2:0. 710 AN OP,DINA?SCE OF THE. CITY OF CUPERTINO A_�rENDING C1IAPTF.P, 1:3.04 OF THE CCPFnTINO KUNICIPAL COPE TO PROVIDE FOR NATUP,E AND/OPR, RURAL PRESERVE T11E CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: The following provisions arc hereby added to Chapter 13.04 of t Municipal Codc: he Cupertino Section 13.04.020 - Definitions I. Nature and/or Rural Preserve - A park so designated by the City Council pursuant to Section 13.04.201. Section 13.04. 201 - Nature and/or Rural Preserve A. Any park characterized by such unique natural features that it is deemed a valuable and irreplaceable resource may be designated by the City Council either by ordinance or resolution as a Nature and/or Rural Preserve, in which event it shall be used and treated in a manner consistent therewith. B. Uses shall be limited to those which will maintain and protect the ecology of the area, conserve -the natural features and scenic values, expand community awareness and understanding of natural history and the environment, and provide enjoyment of the resources present consistent with their preservation. C. McClellan Ranch Park is hereby designated a Nature and Rural Preserve. Section 1.3.04.20i - Regulations and Guidelines The City Council shall, by resolution, adopt regulations controlling the use, and guidelines pertaining to the development of, any'park designated as a Nature and/or Rural Preserve. Any such regulations adopted by the City Council shall, where inconsistent therewith, take precedence over any general regulations contained in Chapter 13.04. A. INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 3rd day of November a regular meeting of the City Council of the City oflCupert o this TED at Sch day of January 1976, by the following vote: Vote Members of the City Council AYES: Meyers, Nellis, Sparks, Jackson NOES: None ABSENT: Frolich ABSTAIN: None ATTEST: APPROVED: /s/ 3:m. Z. k%•der /s/ Jamcs E. Jackson City Clerk Mayor, City of Cupertino November 23, 1993 Parks and Recreation Commission STEVENS CREEK City of Cupertino T R A I L City Hall 10300 Torre Avenue Cupertino, California 95014 Board of Directors Hugh Bikle Dear Parks& Recreation Commissioners, Dana del Norte The enthusiasm and momentum for the Stevens Creek Trail continues to grow. Ray Johnson Over 850 people have asked to be on our mailing list including many Cupertino residents. We have raised over $65,000 in cash and goods and services, have over Sally McLeod 150 volunteers and recently completed our first trail workday which removed 4 vicki Moore truckloads of garbage from the creek. Joan Rogers We have grown quickly as a result of the tremendous community interest in the completion of the trail. We have outgrown our current facilities (my dinning room Rhonda Scherber table, spare room and garage) and have been looking for a permanent home for the Dianne Shorts FrlentA. We were just delighted at the prospect of being able to lease a small office in the Art Takahara building at McClellan Ranch Park --right on the creek!.1!f We know the Audubon Society folks who are currently in the building and think they would be super neighbors We are especially pleased about being located in Cupertino where the creek flows uninterrupted for so many miles. The Friends organization has been very successful in keeping its operating costs to a minimum which allows us to maximize the amount of direct contributions to the trail project Almost all goods and services that have been required to run the Frrendc have been donated by the County of Santa Clara, City of Mountain View, large companies, many small companies, individuals and by generous volunteers The attachment lists these generous contributions to date. Having a low overhead rate makes us extremely attractive to all donors and particularly Corporate donors, where we expect to raise the majority of trail funds It also allows us to continue to devote almost all our funds to trail activities and direct support of the cities' Stevens Creek Trail projects In continuing to attempt to keep our costs down, we respectfully request that the Commission consider recommending that the City Council waive the $250 security deposit (3 months rent) and consider waiving or reducing the $84/month rent Although the terms of the lease suggested by the Parks and Recreation Office are most fair, we ask the commission to consider make an exceptions to existing policy on our behalf for the following reasons Friends of Stevens Creek Trail - 852 Runningwood Circle - Mountain View, California 94040 Telephone (415) 903-6067 - Fax (415)903-6099 We believe that our organization is unique among other groups in Cupertino in that we intend to support the City's Stevens Creek Trail efforts directly by • rallying community support and enthusiasm for the trail • providing volunteers to help construct the trail • providing information and materials to neighbors along the creek who may have concerns providing a variety of trail experts from our membership and • Advisory Council • coordinating creek trail events • supporting the City's efforts to obtain State & Federal grants • raising funds for the City of Cupertino's planning and construction of the trail We have recently assisted the City of Mountain View to apply for a State grant that would pay for 2000 trees and shrubs. They would not have been eligible for the grant with out the Friends commitment of volunteer labor to plant the trees and shrubs. We have also assisted the City of Mountain View in their efforts to raise other public funds. To date, $3 million of public funds have been committed to the trail in Mountain View. We save city staffs time in all the cities by providing a number that anyone can call and receive a variety of information about the creek trail. We publish a newsletter to our mailing list and over 8000 copies are distributed by volunteers ►n the neighborhoods bordering the creek We make presentations and host events to raise awareness of the trail pi 'ect. We coordinate volunteer trail work days that reduce the City's cost of construction of the trail and get the entire community involved in its development We hope that this level of involvement will increase community ownership and reduce the ongoing cost of maintenance We believe that we can offer similar assistance and benefits to the City of Cupertino Keeping ongoing costs, like rent, to a minimum is a kev part of strategy to attract donations from the individuals and corporations We appreciate the Commissions consideration of our request to waive or reduce the rent for the McClellan Ranch Park office Sincerely, _ Rhonda Scherber President, Frie?kL% of Slevemv Creek Trail Friends of Stevens Creek Trail Donations As of 1 1/24/93 Cash Contributions ------- Total Gift Catalog Donations $14,618 Total Goods & Services Donations $5,535 Date Donated items Promotional Video Donor Com an 3/14/93 2 Beta SP Video Ta es Est. Value 3/15/93 4 Beta SP Video Ta es Bob Peak Geodesic Productions 3/15/93 Port. Beta SP deck 4 da s Steffan Schulz Stange Productions $60 3115193 5 days camera work Ray Clark Trans Video $120 315/93 4 da s camera work Steffan Schulz Stran a Productions $880 3/15/93 2 da s camera work William Alan McPhearson $1,250 3/15/93 camera& li Win a ui David Galbreath $800 3/15/93 lunches for camera crew Dou Broomfield VT Television $400 KM 3/31/93 voice over/narration Rhonda Scherber Friends of Stevens Creek Trail $2,000 4/]0/93 com uter animation Russ Holcomb $71 Richard 4/12/93 Millward _ $600 it of video Media Arts 4/12/93 on inal music score Breene Kerr Breene Kerr Productions $ 2'� 4/12/93 roduction services Neil Panton $3,100 4/12/93 roduction/direction servic Brenda Sutherland KMVT $19000 d 4/15/93 u lication of to s Rhonda Scherber Friends of Stevens Creek Trail S750 HP TV Hewlett Packard S3'000 Total $350 $16,Ml 1 t/24/93 Pape 1 Friends of Stevens Creek Trail Advisory Council Meeting 3/27/93 Facilities support RayJohnson 3/27/93 Lunch Silicon Graphics $500 Ray Johnson Silicon Graphics 3/2/93 Mailing invitations Hugh Bikle/Pam Heldenb Thrust IV $250 3/5/93 RS VPs Pam Heldenbrand $100 3/27/93 Trade show booth Thrust IV $60 3/27/93 Vans Terri Ohtyn-Doyle O'Doyle Communications Glenn Lyles City of Mountain View $100 10/2/93 Facilities support Ray Johnson $400 Silicon Graphics $500 Total S1,910 Printed Materials 2/l/93 original art for to o Karen Erdhart 3/1/93 design& copy for brochure Terri O y n-Do le $300 3/15/93 desi n& copy for newsletter Terri O n-Do O'Do le Communications $1,500 3/18/93 brochure copies � yle O'Doyle Communications $1,800 P Co Center Cityof Mt. View 3/31/93 newsletter copies Ray Johnson $80 4/30/93 station desi Silicon Gra hics $100 a'�' Terri Oh n Do le O'Do le Communications 5/3/93 ft catalogco Terri O n Do le $4� 6/l/93 newsletter rintin O'Doyle Communications $1,500 Je & Debbie Kimble Minuteman Press 6/29/93 newsletter rintin Je & Debbie Kimble Minuteman Press $1,344 6/30/93 maD design Richard Millward $1,324 7/15/93 color rints of ma Media Arts $750 7/I5/93 color co of ma Jud Cook Color Ma 'c $35 7/28/93 ma enlargements Hewlett Packard $52 Jud Cook Color Ma is 8/15/93 volunteer flier Terri Oh Do le $35 8/10/93 brochure u ate O'Do le Communications 5400 8/12/93 ress materials Terri Oh e Doyle l Terri Do le O'Do le Communications & Rhonda S. _ S 150 9/12/93 certificate desi Diane Scobie $900 9/16/93 rintin for certificates Power Productions $200 Je & Debbie Kimble Minuteman Press 9/19/93 rinting of envelopes Je & Debbie Kimble Minuteman Press S I I 1 9/30/93 trail man desi Diane Scobie $I SS 10/25/93 rintin of trail maps Power Productions $1,000 1e & Debbie Kimble Minuteman Press 1 I/1/93 rintin— of—cat-1 envelopes J & Debbie Kimble Minuteman Press $293 l l/1/93 co su rt YTD --— u eman $66 11/22/93 Winter newsletter co CO Center Ci of Mountain View ---- Terri Oh po a $500 11/22/93 Winter newsletter layout M Hendrickson le Communications $1,00 - $800 Total -- - S14,195 11/24/93 Pape 2 Video Premiere Party 5/3/93 champagne, food & room Blake Boyd Monterey Whalin Company $415 5/3/93 balloons Terri OhrYn -Doyle 5/3/93 invitations O'Doyle C Rhonda Scherber ommunications $30 $100 Total $54_5 Trail Work Day 9/25/93 trucks& equip support Glenn L les -- -- City of Mountain View $800 Total $800 Miscellaneous 3/26/93 bank account Lucille Young Bank of America 3/31/93 le al services for articles Joan Ro ers $120 3/31/93 legal services for bylaws Joan Ro ers JOB M. Rogers, Attn. at Law $2,500 3/31/93 le al services for agreement Joan Rogers Joan M. Rogers, Attn. at Law $96 Joan M. Rogers, 3/31/93 database develo ment Rhonda Scherber Attn. at Law $500 6/l/93 tax exemption filing Sall McLeod $1,500 8/15/93 database management Rhonda Scherber Heacock& McLeod $500 8/30/93 Chamber mailin labels Liesa Fulton MV Chamber $2,500 of Commerce $1,250 9/12/93 Friends Banners Scott Har er 9/15/93 database mans ement Rhonda Scherber $1,900 9/22/93 Mac/PC translation software $75 10/I S/93 database mans ement Rhonda Scherber [nsi nia Solutions $100 11/8/93 mist. trail printed materials Alan LeFluer& Julie B. County of Santa Clara $I,000 l l/l/93 FAX support YTD Shoreline $99 l l/l/93 Voicem y ail hone su rt City Hall C� of Mountain View S300 11/15/93 database management Rhonda Scherber Cit of Mountain View $200 $1,000 Total — S13,640 Total Goods & Services Donations --` ---- -- _- S43,071 Total Cash & Goods& Services Donations S6a,223 11 24 93 Pape 3