These Rules for Non-Residential Use and Occupancy (“Rules”) apply to non-residential use and/or occupancy of areas and buildings within The Presidio of San Francisco (“Presidio”) that are under the authority of the Presidio Trust (“Trust”).
Definitions
Agency: | Means any agency, department, commission, board, bureau, office or other governmental authority having jurisdiction. |
Applicable Laws: | Means all federal, state and local applicable laws, including, without limitation, all present and futures statues, regulations, requirements, rules, guidelines, ordinances, codes, licenses, permits, policies, orders, approvals, plans, authorizations, and similar items, and all amendments thereto, and all applicable judicial, administrative and regulatory degrees, judgements, and orders, of any agency, whether now existing or hereafter enacted, relating to or affecting Buildings, the operation of the Building’s occupant or the Presidio. |
Building: | Means any non-residential structure or structures under the administrative jurisdiction of the Trust. |
Site: | Means the site or lands proximate to a Building that are associated with the Tenant’s occupancy under their agreement with the Trust. In some cases, a Tenant’s agreement applies solely to a site or landscape, independent of structures. |
Tenant: | Means persons or entities that have signed a lease, permit, cooperative agreement, concessions contract, interagency agreement, license or other occupancy agreement with the Trust. Use of the term “Tenant” shall not be construed to confer any rights or benefits not granted under its agreement with the Trust. |
Promulgation of Rules
Tenants are responsible for ensuring that all of their employees, representatives, invitees, contractors, visitors, agents, sub-lessees, sub-permittees and other individuals or entities under their control are informed of and fully comply with these Rules.
Building Maintenance and Operations
Building and Site Modification: All Presidio Building and Site alterations, modifications, and/or improvements must receive the prior written approval of the Trust, and shall be in conformity with the Trust’s submittal and construction standards, requirements, procedures and related documents. Tenants in Historical buildings need to submit specific forms to go through the N2 process. Tenants shall contact the CB Richard Ellis Office at (415) 561-2449 for further instructions regarding Building and Site requirements.
Building Maintenance: All Building floor areas (including vestibules, entrances, vertical shafts and air returns), doors, fixtures, windows and plate glass shall be maintained in a safe and good condition. Common halls, elevators, stairways, exits, passages and entrances to Buildings shall not be obstructed or used for any purpose other than ingress and egress. External stairs, ladders or other architectural features or attachments provided for use as emergency exits shall be used for that purpose only, and not for convenience exiting. Only maintenance and inspection personnel authorized by the Tenant are allowed on roofs.
Trash Disposal: Exterior and interior areas of each Building and Site shall be kept free from trash and debris. Tenants shall provide an effective system for the collection and disposal of trash generated within the Building. At all times Tenants shall take sufficient precautions to ensure that all trash awaiting disposal is contained adequately to prevent dispersal by wind, rain, animals or other means. Areas dedicated to storing trash for disposal shall be kept free of loose debris, standing water or unrelated equipment.
Building and Site Modifications: Buildings and Sites shall not in any way be defaced. No planting or altering of lawns, foliage or vegetation located on the Presidio, including installation or removal of site features such as benches, trash receptacles, bike racks and path lighting are allowed without the prior written approval of the Trust. No antenna, loudspeaker, satellite dishes or other device shall be installed on the roof or exterior walls of any Building or on any Site without the prior written approval of the Trust.
Disturbances: Tenants shall not make or permit any noise, odors or vibrations that are annoying, unpleasant, distasteful or that would interfere in any way with the Trust’s use or administration of the Presidio or the quiet enjoyment of other Presidio tenants or park visitors.
Smoking: Smoking is prohibited in the interiors of all Buildings, as well as areas immediately adjacent to Buildings.
Environment and Conservation: In all aspects of their operations at the Presidio, Tenants shall use their best efforts to implement the goals of environmental stewardship and sustainability as described in the General Management Plan Amendment for the Presidio, dated July 1994. Tenants shall develop a recycling program in conjunction with their activities at the Presidio, and coordinate their recycling program with the Trust. As part of the recycling program, Tenants shall consider utilization of recycled and recyclable materials as well as source reduction in the acquisition of all consumables. Tenants shall also consider the use of recycled building materials and the installation of water- and energy-saving devices in the maintenance and operation of Buildings, as well as other water and energy conservation measures.
Plumbing: Toilet rooms, restrooms, urinals and washbowls shall not be used for any purpose other than their intended use. No toxic or foreign substance of any kind shall be thrown into these receptacles.
Conservation and Safety: Tenants shall observe strict care that all water faucets, water apparatus, and electrical and natural gas appliances have been shut off as appropriate before leaving the Building, so as to prevent waste and hazardous conditions.
Health Inspections: Kitchens or other cooking or food preparation areas, and related storage and dining areas, are subject to inspection by the Trust, the U.S. Public Health Service (“USPHS”) and other Agencies.
Cooking Waste Disposal: Waste cooking oils, trim fat or bones shall not be flushed, drained or otherwise disposed of in drains. Disposal of such materials shall be in compliance with all Applicable Laws.
Signage: All interior and exterior signage must go through the The Presidio Trust Sign Shop and be in compliance with Trust’s sign standards. Tenants are responsible for cost of the installation, maintenance and replacement of all interior and exterior signage related to their operations and services.
Wildlife: Tenants shall notify the work order desk @ 561-4270 of the location of any wildlife potentially affected by operation and maintenance of any Building.
Vending Machines: Installation of vending machines and pay telephones in locations accessible to the general public is subject to the prior written approval of the Trust. Signage on machines or phones shall be generic in nature, with brand information only visible when at the machine or phone, and shall be subject to regulation and approval by the Trust. Cigarette vending machines shall not be installed anywhere on the Presidio.
Pest and Weed Control: The use of pesticides and herbicides is prohibited. Because much of the Presidio is a natural environment, wildlife pests are expected. For assistance, please refer to IPM (Integrated Pest Management) Fact Sheets available at landlords offices.
Public Safety
NPS Fire, Police and EMS: Public safety functions at the Presidio are provided by the National Park Service (“NPS”) in cooperation with the Trust, including fire protection, police and emergency medical service. For immediate response in emergencies, call 911 or from a cell phone dial 561-5656.
Police, Fire, Medical or Safety Emergencies: The Communications and Dispatch Center shall be contacted immediately in case of a police, fire, medical or public safety emergency, including, but not limited to, the following: (i) property damage or theft of more than $500; (ii) any injuries on the Presidio requiring more than minor first aid treatment; (iii) any fire; (iv) any motor vehicle accident; (v) any incident that damages the Presidio’s natural or cultural resources; and (vi) any known or suspected violations of Applicable Laws. The Communication and Dispatch Center can be reached 24 hours a day at 911 or (415) 561-5656 from a cell phone.
Park Police: Basic law enforcement and security is provided by the U.S. Park Police and NPS park rangers, in accordance with Title 36 of the Code of Federal Regulations and other Applicable Laws. Presidio tenants and visitors are subject to all Applicable Laws and NPS and Trust policies regarding law enforcement at the Presidio, including traffic, use and possession of weapons, alcoholic beverages and controlled substances. Questions about Presidio law enforcement shall be directed to the U.S. Park Police at (415) 561-5505.
Pets: Pets are not allowed to roam unattended or off leash at the Presidio. Except for licensed service animals (seeing or hearing dogs), pets are not allowed in buildings.
Safety and Security: Tenants shall properly secure Buildings to ensure the safety of occupants and visitors, and shall appoint an authorized representative to coordinate security procedures with the appropriate Trust and/or NPS staff. Any security personnel employed or contracted by Tenants may act as private citizens but have no authority to take law enforcement action or carry firearms.
Parking Violations: Violations of parking permits shall be reported to the U.S. Park Police at (415) 561-5505.
Facilities Management and Safety Plan: Unless waived in writing by the Trust, Tenants shall submit, prior to the issuance of a Certificate of Occupancy, a draft “Facilities Management and Safety Plan” to the Trust for approval. At a minimum, the plan should include: (i) descriptions of the organizational structure responsible for managing and maintaining the Building, including names of responsible personnel, addresses, phone numbers and 24-hour contact information; (ii) reporting procedures; (iii) accident and emergency procedures; (iv) list of approved sub-tenant or other sub-agreement organizations; (v) plans for ongoing maintenance and repair, including management of lead-based paint and asbestos; and (vi) the Tenant Safety and Health Committee (if applicable).
Disaster Plan: Unless waived in writing by the Trust, Tenants shall submit, within ninety (90) days of occupancy, a disaster plan to the Trust’s Facilities Department for review and approval. The Trust Emergency Services Coordinator is Aimee Vincent and can be contacted at (415) 561-5368 for questions regarding these plans.
Knox Boxes: Unless waived in writing by the Trust, tenants shall maintain accurate keys and maps in exterior Knox boxes and such Knox boxes shall be approved by The Trust. Tenants shall place 24 hour emergency contact information and hazardous materials information (as applicable) into the Knox box, and update such information annually. Questions about know box requirements and management shall be directed to Matt Kiolbassa at 415-561-5133
Fire Safety: Fire sprinklers, smoke detectors, fire extinguishers and monitored and unmonitored intrusion and fire alarm systems shall be maintained by Tenants in good working order at all times. Testing and servicing of alarm, fire extinguishers and sprinkler systems must be performed by licensed alarm, extinguisher or sprinkler contractors at intervals specified in fire codes. Contractors shall obtain permits from Matt Kiolbassa, Presidio Fire Prevention Office at (415) 561-5133 in advance of performing testing or servicing of detectors, alarms, fire extinguishers, and sprinklers. All Buildings are subject to inspection by Presidio Fire Inspectors to ensure compliance with Applicable Laws.
Cooking and Fire Safety: No gas or electric stoves, range tops, toaster ovens, hot plates or space heaters are allowed in any Building without prior written approval by the Trust. Fires are prohibited within any Building, including fireplaces, wood or coal stoves, welding torches and asphalt kettles, without the prior written approval of the Trust.
Hazardous Materials Management Plan: No storage of flammable or combustible liquids is allowed without the prior written approval of the Trust. The quantity of liquids, the Listed Flammable Liquids Cabinet used for storing the liquids, and the location of such cabinets must be approved in writing in advance by the Trust. A Hazardous Materials Management Plan (“HMMP”), Hazardous Materials Inventory Statement (“HMIS”), and Material Safety Data Sheets (“MSDS”) for all chemicals, flammable/combustible liquids, oils, lubricants, fuels and gases shall be maintained by Tenants, and submitted to the Trust’s Hazardous Materials Coordinator within 90 days of occupancy. The HMMP, HMIS, and MSDS shall be regularly reviewed and updated by the Tenant in consultation with the Trust’s Hazardous Materials Coordinator.
Barbecues: No exterior barbecues are allowed without the prior written approval of the Trust. If such barbecue is approved, each individual use of the barbecue is subject to prior written approval of the Trust.
Hazardous Materials: Each Tenant that generates hazardous wastes shall develop and submit to the Trust Hazardous Materials Coordinator within sixty (60) days of Building use and/or occupancy a copy of the Tenant’s hazardous waste standard operating procedure (“Hazardous Waste SOP”) which shall include, but shall not be limited to, the following: (i) the identification of all hazardous wastes, (ii) the hazardous waste accumulation area locations, (iii) the requirements applicable to the hazardous waste storage, including but not limited to accumulation areas, safety, segregation of hazardous waste, appropriate hazardous waste containers, proper hazardous waste labeling and marking, and inspections, (iv) the requirements applicable to transportation of hazardous waste, including but not limited to manifesting requirements, (v) the procedures for proper disposal of hazardous waste, (vi) the procedures for hazardous waste minimization, (vii) the spill response and emergency procedures and the spill contingency plans, (viii) the hazardous waste training requirements, (ix) the maintenance of hazardous waste records, (x) appointment and identification of a responsible Tenant staff member and phone number for information regarding hazardous waste. Such Hazardous Waste SOP shall be updated annually and submitted to the Trust Hazardous Materials Coordinator. Any questions regarding the preparation of the Hazardous Materials SOP shall be directed to the Trust Hazardous Materials Coordinator at (415) 561-4283.
Hazardous Waste: Tenants that generate hazardous waste are prohibited from using the Trust hazardous waste accumulation areas. Tenants are responsible for providing and managing their own accumulation areas in compliance with all Applicable Laws.
32. Hazardous Waste: Tenants that generate hazardous waste must obtain and use their own independent Environmental Protection Agency Identification Number for any hazardous waste generated on the Presidio.
33. Hazardous Waste: Tenants that handle, manage or otherwise use hazardous materials in or around Buildings must designate a Hazardous Materials Coordinator/Emergency Coordinator and an Alternate Coordinator. The names and contact information for the Emergency Coordinator and Alternate shall be submitted to the Trust and included in the Knox Box.
34. Environmental Reporting: Tenants shall provide the Trust with all environmental reporting information as required under Applicable Laws.
Miscellaneous
33. Street Addresses: The Trust shall have the right, exercisable without notice, to change the identifying name and street address of any Building.
34. Residing and Overnight use of Non-residential Buildings: Residency in or overnight use and occupancy of any portion of Buildings is strictly prohibited, unless specifically authorized in advance by the Trust. Camping in the Presidio is prohibited.
35. Discrimination: Tenants are prohibited from discriminating against any visitor, employee, or applicant for employment on the basis of race, color, age, religion, sex, sexual orientation, disability or national origin.
36. Interpretive Information: Tenants, in consultation with the NPS Chief of Interpretation or authorized representative, shall inform front-office staff members of the Presidio’s general themes and shall disseminate basic interpretive information to visitors. Tenants are encouraged to display information about the history of the Buildings they occupy.
37. Lost and Found: Tenants shall establish a system or operating plan for tracking lost and found articles. Items not claimed within seven (7) days shall be turned over to a Trust representative.
38. Public Access and Event Parking: Exterior areas immediately adjacent to Buildings shall remain open and accessible to park visitors, and these areas may be impacted by special events and other permitted activities approved by the Trust. All events inside a Building which require additional parking or may otherwise affect outdoor areas of the Presidio must be approved in advance by the Presidio Trust Special Events Dept. at (415) 561-5444.
39. Presidio Trust Special Events: Tenants shall appoint an authorized representative responsible for coordination with The Presidio Trust Special Events Dept.
40. Public Complaints: The Trust will forward public complaints regarding Buildings and operations to the appropriate Tenant for investigation and response in a timely manner. Tenants shall provide the Trust a copy of their response. Comments from Tenants about the activities or behavior of another Tenant shall be forwarded to the Trust at (415) 561-5300.
41. Vehicles: Vehicle repair or maintenance activities shall not be performed, except in the case of emergency, in any Presidio parking area, Building, or within other areas on the Presidio not specifically authorized for such activity, and vehicles shall not be stored or left in any parking area in a non-working condition.
42. NPS Regulations: Tenants and all other persons or entities on the Presidio are additionally subject to the NPS system-wide regulations governing the use of national park system lands, and shall familiarize themselves with such regulations. These provisions are contained in Title 36 of the Code of Federal Regulations, available at public law libraries.
Vehicles: Washing vehicles on Presidio grounds is strictly prohibited.