HomeMy Public PortalAbout20100224 - Resolution - Board of Directors (BOD) Cover Sheet For Scanning By ECS
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Document Date: 2/24/2010
Document Type: Resolution
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Keywords(No More Than
4): Sare Trust Purchase
Project Name:
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Document No. 10-06
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RESOLUTION 10-06
RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT,
AUTHORIZING GENERAL MANAGER OR OTHER OFFICER TO EXECUTE CERTIFICATE
OF ACCEPTANCE OF GRANT TO DISTRICT,GRANT OF ACCESS EASEMENT,AND
AUTHORIZING GENERAL MANAGER TO EXECUTE THE AGRICULTURAL LEASE AND
ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF
THE TRANSACTION (MILLS CREEK OPEN SPACE PRESERVE - LANDS OF SAKE TRUST)
The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows:
Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby accept
the offer contained in that certain Purchase Agreement between the Daniel Sare and Natalie Sare,
Trustees of the Daniel &Natalie Sare Living Trust dated November 24, 2008 and the Midpeninsula
Regional Open Space District,a copy of which purchase agreement is attached hereto and by reference
made a part hereof, and authorizes the President or other appropriate officer to execute the Agreement on
behalf of the District to acquire the real property described therein ("the Sare Property").
Section Two. The General Manager, President of the Board of Directors or other appropriate officer is
authorized to execute Certificate of Acceptance for the Grant Deed,the Grant of Access Easement and
corresponding Certificate of Acceptance on behalf of the District.
Section Three. The General Manager is authorized to execute the Agricultural Lease with Dan Sare on
behalf of the District.
Section Four. The General Manager or the General Manager's designee shall cause to be given
appropriate notice of acceptance to the seller and to extend escrow if necessary.
Section Five. The General Manager is authorized to expend up to $10,000 to cover the cost of title
insurance, escrow fees, site clean up and other miscellaneous costs related to this transaction.
Section Six. The General Manager and General Counsel are further authorized to approve any technical
revisions to the attached Agreement and documents which do not involve any material change to any term
of the Agreement or documents, which are necessary or appropriate to the closing or implementation of
this transaction.
Section Seven. The purpose of this Section is to enable the District to reimburse its general fund for the
cost of certain land acquisitions. The District wishes to finance certain of these real property acquisitions
and expects to use tax-exempt debt, such as bonds, but a tax-exempt financing is not cost justified for the
District unless the principal amount of the financing is large enough to justify the related financing costs.
Consequently, it is the District's practice to buy property with its general funds and, when a tax-exempt
financing is cost justified based on the aggregate value of acquisitions, to issue tax-exempt obligations to
reimburse itself for previous expenditures of general funds. These general funds are needed for operating
and other working capital needs of the District and are not intended to be used to finance property
acquisitions on a long-term basis.
'
U.S. Income Tax Regulation Section 1.150'2 requires an issuer o[tax-exempt debt todeclare its intent to
use o portion of tax-exempt debt proceedsfor reimbursement nf expenditures prior to the payment ofthe
expenditures. Accordingly,the Board of Directors hereby declares its intent to issue tax-exempt
obligations in the maximum principal amount of$1,420,000 and to use a portion of the proceeds of the
obligations for reimbursement mf District expenditures for acquisition o[the Sure Property that are paid
before the date of issuance of the obligation.
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RESOLUTION NO. 10-06
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space
District on February 24, 2010 at a Regular Meeting thereof, by the following vote:
AYES: CURT RIFFLE,CECILY HARRIS,NONETTE HANKO,JED CYR,LARRY HASSETT,
MARY DAVEY, PETE SIEMENS
NOES: NONE
ABSTAIN: NONE
ABSENT:
ATTEST: APPROVED:
/retary President
Board of Directors Board of Directors
I, the Interim District Clerk of the p
Midpeninsula Regional Open Space District, hereby
p g P
certify that the above is a true and correct copy of a resolution duly adopted by the Board of
Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting
thereof duly held and called on the above day.
Interim District Clerk
Purchase Agreement Page I
PURCHASE AGREEMENT - BARGAIN SALE ,� C,
This Purchase Agreement (hereinafter called "Agreement") is made and entered
into by and between Daniel Sare and Natalie Sare, Trustees of the Daniel & Natalie Sare Living
Trust, dated November 24, 2008 (hereinafter collectively called "Seller") and the
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Public District formed pursuant to
Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, (hereinafter called
"District").
.RE.CITALS
WHEREAS, Seller is the owner of certain real property which has open space and
recreational value, located within an unincorporated area of the County of San Mateo, and being
more particularly described within the body of this Agreement; and
WHEREAS, District was formed by voter initiative to solicit and receive conveyances of
real property by purchase, exchange, gift, or bargain purchase for public park, recreation, scenic
and open space purposes; and
WHEREAS, District desires to purchase said property for open space preservation and
as part of the ecological, recreational, and aesthetic resources of the midpeninsula area; and
WHEREAS, Seller wishes to sell and convey the entirety of said property to District, and
District wishes to purchase said property upon the terms and conditions set forth herein.
AGRI---'FMENT
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises
and covenants herein contained, the parties hereto agree as follows:
1. Purchase and Sale. Seller agrees to sell to District and District agrees to purchase
from Seller, Seller's real property located within an unincorporated area of the County of San
Mateo, State of California, containing approximately one hundred sixty (160) acres, more or less,
and commonly referred to as San Mateo County Assessor's Parcel Number 056-430-0 10. Said
property is further described as Four in the Legal Description attached to Preliminary Report
Number 0626013569, dated October 29, 2009 from Old Republic Title Company. A copy of
said Preliminary Report is attached hereto as Exhibit "A", and incorporated herein by this
reference. Parcel Four is to be conveyed together with an appurtenant road access easement
("Access Easement") from and under State Highway 92 along the existing ranch road across
Parcels One, Two and Five as those parcels are described in the Legal Description attached to the
Preliminary Report and as specified in Section 3.C(ii) of this Agreement and the Access
Easement shall be in the form as attached hereto as Exhibit "B". District shall hire a licensed
land surveyor to prepare a legal description and plat map of the Access Easement. Said legal
description and plat map shall be attached to the Grant of Access Easement (Exhibit B) prior to
recordation. Said property and the appurtenant Access Easement is to be conveyed together with
Purchase Agreement Page 2
any easements, rights of way, or rights of use which may be appurtenant or attributable to the V,
aforesaid lands, and to any and all improvements attached or affixed thereto. All of said real
property and appurtenances shall hereinafter be called the "Subject Property" or the "Property".
2. Purchase Price. The total purchase price ("Purchase Price") for the Property shall be
One Million Four Hundred Twenty Thousand Dollars ($1,420,000.00), which shall be paid in
cash at the "Closing" as defined in Section 3 hereof.
3. Escrow. Promptly upon execution of this Agreement, in accordance with Section 12
herein, an escrow shall be opened at Old Republic Title Company, 361 Lytton Avenue, Suite
100, Palo Alto, CA, 94301 (650) 321-05 10 (Escrow number 0626013659) or other title company
acceptable to District and Seller (hereinafter "Escrow Holder") through which the purchase and
sale of the Property shall be consummated. A fully executed copy of this Agreement shall be
deposited with Escrow Holder to serve as escrow instructions to Escrow Holder; provided that
the parties shall execute such additional supplementary or customary escrow instructions as
Escrow Holder may reasonably require. This Agreement may be amended or supplemented by
explicit additional escrow instructions signed by the parties, but the printed portion of such
escrow instructions shall not supersede any inconsistent provisions contained herein. Escrow
Holder is hereby appointed and instructed to deliver, pursuant to the terms of this Agreement, the
documents and monies to be deposited into the escrow as herein provided, with the following
terms and conditions to apply to said escrow:
A. The time provided for in the escrow for the close thereof shall be on or before
March 12, 2010 provided however, that the parties may, by written agreement, extend the time
for Closing. The term "Closing" as used herein shall be deemed to be the date when Escrow
Holder causes the Grant Deed (as defined below) to be recorded in the Office of the County
Recorder of San Mateo County.
B. Seller and District shall, during the escrow period, execute any and all documents
and perform any and all acts reasonably necessary or appropriate to consummate the purchase
and sale pursuant to the terms of this Agreement.
C. Seller shall deposit into the escrow on or before the Closing:
(i) An executed and recordable Grant Deed, conveying Parcel Four as described
in Exhibit "A".
(ii) An executed and recordable Grant of Access Easement in the form attached as
Exhibit "B".
(iii)An executed Agricultural Lease, between the District and Dan Sare in the
form attached as Exhibit "C" hereto.
D. District shall deposit into the escrow, on or before the Closing:
Purchase Agreement Page
(i) The required Certificate of Acceptance for the Grant Deed, duly executed by
District and to be dated as of the Closing; tt,,C,k'J
(ii) The required Certificate of Acceptance for the Grant of Access Easement,
duly executed by District and to be dated as of the Closing;
(iii) District's check payable to Escrow Holder in the amount of One Million
Four Hundred Fifteen Thousand and No/100 Dollars ($1,415,000.00) which is the balance of the
Purchase Price of One Million Four Hundred Twenty Thousand and No/I 00 Dollars as specified
in Section 2. The amount of$5,000.00 is paid into escrow in accordance with Section 12 of this
Agreement.
E. District shall pay the escrow fees, the CLTA Standard Policy of Title Insurance, if
required by District, and all recording costs and fees. All other escrow costs or expenses not
otherwise provided for in this Agreement shall be apportioned or allocated between District and
Seller in the manner customary in San Mateo County. All current property taxes on the Property
shall be pro-rated through escrow between District and Seller as of the Closing based upon the
latest available tax information using the customary escrow procedures.
F. Seller shall cause Old Republic Title Company, or other title company acceptable
to District and Seller, to be prepared and committed to deliver to District, a CLTA Standard
Policy of Title Insurance, dated as of the Closing, insuring District in the amount of$1,420,000
for the Property showing title to the Property vested in fee simple in District, subject only to: (i)
current real property taxes, (ii) title exceptions 12,13 and 23 as listed in Preliminary Report No.
0626013659 dated October 29, 2009 (iii) such additional title exceptions as may be approved in
writing by District prior to the Closing as deten-nined by District in its sole and absolute
discretion.
G. Escrow Holder shall, when all required funds and instruments have been
deposited into the escrow by the appropriate parties and when all other conditions to Closing
have been fulfilled, cause the Grant Deed, Grant of Access Easement, and attendant Certificates
of Acceptance to be recorded in the Office of the County Recorder of San Mateo County. Upon
the Closing, Escrow Holder shall cause to be delivered to District the original of the policy of
title insurance required herein, and to Seller Escrow Holder's check for the full purchase price of
the Subject Property(less Seller's portion of the expenses described in Section 3.E.), and to
District or Seller, as the case may be, all other documents or instruments which are to be
delivered to them.
4. Rights and Liabilities of the Parties in the Event of Termination. In the event this
Agreement is terminated and escrow is canceled for any reason, all parties shall be excused from
any further obligations hereunder, except as otherwise provided herein. Upon any such
termination of escrow, all parties hereto shall be jointly and severally liable to Escrow Holder for
payment of its title and escrow cancellation charges (subject to rights of subrogation against any
party whose fault may have caused such termination of escrow), and each party expressly
Purchase Agreement Page 4 Q5
,
reserves any other rights and remedies which it may have against any other party by reason of a
wrongful termination or failure to close escrow.
5. Seller's Representations and Warranties. For the purpose of consummating the sale
and purchase of the Property in accordance herewith, Seller makes the following representations
and warranties to District, which shall survive close of escrow, each of which is material and is
being relied upon by District.
A. Authority.-v. Seller has the full right, power and authority to enter into this
Agreement and to perform the transactions contemplated hereunder.
B. Valid and Bindiniz Agreements. This Agreement and all other documents
delivered by Seller to District now or at the Closing have been or will be duly authorized and
executed and delivered by Seller and are legal, valid and binding obligations of Seller sufficient
to convey to District the Subject Property described therein, and are enforceable in accordance
with their respective terms and do not violate any provisions of any agreement or trust to which
Seller is a party or by which Seller may be bound or any articles, bylaws or corporate resolutions
of Seller.
C. Leases or Occupancy of Premises. Except as expressly set out herein in Section
IC (ii) herein, there exist no oral or written leases, licenses, or rental agreements affecting all or
any portion of the Subject Property. Seller further warrants and agrees to hold District free and
harmless and to reimburse District for any and all costs, liability, loss, damage or expense,
including costs for legal services, occasioned by reason of any such lease, license, or rental
agreement of the Property being acquired by District, including, but not limited to, claims for
relocation benefits and/or payments pursuant to California Government Code Section 7260 et
seq. Seller understands and agrees that the provisions of this Section shall survive the close of
escrow and recordation of any Grant Deed(s).
D. Good Title. Seller has and at the Closing date shall have good, marketable and
indefeasible fee simple title to the Subject Property and the interests therein to be conveyed to
District hereunder, free and clear of all liens and encumbrances of any type whatsoever and free
and clear of any recorded or unrecorded option rights or purchase rights or any other right, title or
interest held by any third party except for the exceptions permitted under the express terms
hereof, and Seller shall forever indemnify and defend District from and against any claims made
by any third party which are based upon any inaccuracy in the foregoing representations.
7 Integrity of Property. Except as otherwise provided herein or by express written
permission granted by District, Seller shall not, between the time of Seller's execution hereof and
the close of escrow, cause or allow any physical changes on the Property. Such changes shall
include but not be limited to grading, excavating or other earthmoving activities, cutting or
removing trees, shrubs, brush or other vegetation, and damaging or demolition of improvements
or structures on the Property.
Purchase Agreement Page 5
ve,
8. Hazardous Waste.
A. Definitions. The term "Hazardous Waste," as used herein, means any substance,
material or other thing regulated by or pursuant to any federal, state or local environmental law
by reason of its potential for harm to human health or the environment because of its
flammability, toxicity, reactivity, corrosiveness or carcinogenicity. The term "Hazardous Waste"
also includes without limitation, polychlorinated biphenyls, benzene, asbestos, petroleum,
petroleum by-products, gas, gas liquids and lead.
The term "Environmental Law" as used herein includes, without limitation, the
Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C.
Section 9601 et seq.) and the Resource Conservation and Recovery Act(42 U.S.C. Section 6901
et seq.)
B. Representations and Warranties. For the purpose of consummating the sale and
purchase of the Property, Seller makes the following representations and warranties to District,
which shall survive close of escrow, each of which is material and is being relied upon by
District:
(i) The Property does not contain any Hazardous Waste or underground storage
tanks.
(ii) Seller and the Property are in compliance with all applicable federal, state
and local laws, statutes, ordinances, orders, guidelines, rules and regulations pertaining to
Hazardous Waste or underground storage tanks.
(iii) At the time Seller acquired the Property, Seller did not know and had no
reason to know that any Hazardous Waste was present, used, manufactured, handled, generated,
stored, treated, discharged, buried or disposed of on, under or about the Property, or had been
transported to or from the Property.
(iv) Seller has not undertaken, permitted, authorized or suffered, and will not
undertake, permit, authorize or suffer the presence, use, manufacture, handling, generation,
storage, treatment, discharge, release, burial or disposal on, under or about the Property of any
Hazardous Waste, or the transportation to or from the Property, of any Hazardous Waste.
(v) There is no pending or, to Seller's knowledge, threatened litigation or
proceedings before any administrative agency in which any person or entity alleges the presence,
release, threat of release, placement on, under or about the Property, or the use, manufacture,
handling, generation, storage, treatment, discharge, burial or disposal on, under or about the
Property, or the transportation to or from the Property, of any I lazardous Waste.
(vi) Seller has not received any notice and has no knowledge or reason to know
that any governmental authority or any employee or agent thereof has determined, or threatens to
determine, that there is a presence, release, threat of release, placement on, under or about the
Property, or the use, manufacture, handling, generation, storage, treatment, discharge, burial or
Purchase Agreement Page 6,()<,
disposal on, under or about the Property, or the transportation to or from the Property, of any
Hazardous Waste.
(vii) There have been no communications or agreements with any governmental
authority or agency (federal, state or local) or any private entity, including, but not limited to, any
prior owners of the Property, relating in any way to the presence, release, threat of release,
placement on, under or about the Property, or the use, manufacture, handling, generation, storage,
treatment, discharge, burial or disposal on, under or about the Property, or the transportation to or
from the Property, of any Hazardous Waste.
C. Indemnity. Seller shall indemnify, defend and hold harmless District from and
against any legal or administrative proceedings brought against District, and all claims, liabilities
losses, damages, and costs, foreseen and unforeseen, including without limitation, attorney,
engineering and other professional or expert fees, directly or indirectly arising from any breach of
the warranties or representations contained herein, or arising from related to or connected with
the existence of any Hazardous Waste of any kind on or in the property, except when any
Hazardous Waste contamination was caused solely by District. Seller shall be solely and
completely responsible for responding to and complying with any administrative notice, order,
request, or demand, or any third party claim or demand relating to potential or actual Hazardous
Waste contamination on or in the Property, including any and all costs of remediation and
cleanup, except when such contamination was caused solely by District. In addition to any
remedies provided in this subsection, in the event Hazardous Waste is found to exist on the
property, District may exercise its right to bring an action against Seller to recover any cleanup,
repair or remediation costs from Seller and/or any other person or persons determined to have
responsibility for the presence of Hazardous Waste on the Property.
9. Waiver of Relocation Benefits and Statutory Compensation. Seller and District
understand and agree that Seller may be entitled to receive certain relocation benefits and the fair
market value of the Property described in Exhibit "A", as provided for by the Federal Uniform
Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646), the
Uniform Relocation Act Amendments of 1987 (Public Law 100-17, Title IV of the Surface
Transportation and Uniform Relocation Assistance Act of 1987 (101 Statutes, 246-256) (42
U.S.C. '4601 et seq.), and the California Relocation Assistance Act, Government Code Section
7260 et seq. Seller hereby waives any and all,existing and/or future claims or rights Seller may
have to any relocation assistance, benefits, procedures, or policies as provided in said laws or
regulations adopted there under and to any other compensation, except as provided in this
Agreement. Seller has been advised as to the extent and availability of such benefits, procedures,
notice periods, and assistance, and freely and knowingly waives such claims, rights and notice
periods except as set forth in this Agreement, including the fair market value of said Property, as
provided for by said Federal Law and any similar California Law.
10. Charitable Contribution. District and Seller acknowledge and agree that Seller may seek a
tax benefit for the charitable contribution of the difference between the purchase price being paid by the
District and the Property's fair market value being donated to the District as part of this transaction.
District expresses no opinion as to whether Seller will receive any deduction for federal or state income tax
Purchase Agreement Page 7
purposes as result of this transaction. Seller acknowledges and agrees that Seller is relying solely upon the
advice of its own attorneys, accountants and other professional advisors with respect to all such matters,
and to the tax consequences of this Agreement in general. Without limitation of the foregoing, if such
contribution is not deductible for federal and state income tax purposes, in whole or in part, such non-
deductibility or non-treatment will not relieve Seller of any of its obligations under this Agreement or
otherwise affect this Agreement in any way or require the payment of any additional or substitute
consideration by District for the purchase of the Subject Property or entitle Seller to any remedies against
District as a result thereof. District agrees to provide Seller with an executed IRS Form 8283 as evidence
of the Bargain Sale price accepted by Seller thereunder.
11. Miscellaneous Provisions.
A. Access for Investigations. From the date Seller delivers an executed copy of this
Purchase Agreement to District and until the Closing, District and District's agents, lender,
contractors, engineers, consultants, employees, subcontractors and other representatives (the
"District Parties") may, upon the giving of reasonable advance written notice to Seller, enter
upon the Property for the purpose of inspecting, testing and evaluating the same; provided,
however, that District may not perform any work on the Property without Seller's prior written
consent, which shall not be unreasonably withheld or delayed and further provided that District
shall give Seller at least 24 hours' prior notice of each proposed entry by District. District shall
indemnify, protect, defend and hold Seller free and harmless from and against any and all claims,
actions, causes of action, suits, proceedings, costs, expenses (including, without limitation,
reasonable attorneys' fees and costs), liabilities, damages, and liens caused by the activities of
District Parties while upon the Property prior to the Closing; provided, however, the foregoing
indemnity shall not cover or include any claims, damages or liens resulting from District's
discovery of any Hazardous Waste or other pre-existing adverse conditions pursuant to its
inspections, testing or evaluation. District's inspections shall be at District's sole expense.
District shall repair any damage to the Property that may be caused by the District Parties while
on the Property performing its inspections.
B. Choice of Law. The internal laws of the State of California, regardless of any
choice of law principles, shall govern the validity of this Agreement, the construction of its terms
and the interpretation of the rights and duties of the parties.
C. Attorney ys' Fees. If either party hereto incurs any expense, including reasonable
attorneys' fees, in connection with any action, proceeding or arbitration instituted by reason of
any default or alleged default of the other party hereunder, the party prevailing in such action or
proceeding shall be entitled to recover from the other party reasonable expenses and attorneys'
fees in the amount determined by the Court, or arbitrator, in the case of arbitration, whether or
not such action, proceeding or arbitration goes to final judgment. In the event of a settlement or
final judgment in which neither party is awarded all of the relief prayed for, the prevailing party
as determined by the Court, or arbitrator in the case of arbitration, shall be entitled to recover
from the other party reasonable expenses and attorneys' fees.
D. Amendment and Waiver. The parties hereto may by mutual written agreement
amend this Agreement in any respect. Any party hereto may in writing: (i) extend the time for
the performance of any of the obligations of the other party; (ii) waive any inaccuracies in
Purchase Agreement Page 8
representations and warranties made by the other party contained in this Agreement or in any
documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the w o-j
covenants contained in this Agreement or the performance of any obligations of the other party;
or (iv) waive the fulfillment of any condition that is precedent to the performance by such party
of any of its obligations under this Agreement. The General Manager is authorized to agree to an
extension of the time for the performance of any obligations on the part of District or Seller
pursuant to this Agreement, and to take any actions and execute any documents necessary or
appropriate to closing escrow and completing this conveyance, including execution of any
documents which may allow Seller to accomplish a tax deferred exchange of property as
permitted by law; provided, however that the District shall not take title to any third party
property other than the Subject Property. Any agreement on the part of any party for any such
amendment, extension or waiver must be in writing.
E. Rights Cumulative. Each and all of the various rights, powers and remedies of the
parties shall be considered to be cumulative with and in addition to any other rights, powers and
remedies which the parties may have at law or in equity in the event of the breach of any of the
terms of this Agreement. The exercise or partial exercise of any right, power or remedy shall
neither constitute the exclusive election thereof nor the waiver of any other right, power or
remedy available to such party.
F. Notices. Whenever any party hereto desires or is required to give any notice,
demand, or request with respect to this Agreement (or any Exhibit hereto), each such
communication shall be in writing and shall be deemed to have been validly served, given or
delivered at the time stated below if deposited in the United States mail, registered or certified
and return receipt requested, with proper postage prepaid, or if delivered by Federal Express or
other private messenger, courier or other delivery service or sent by facsimile transmission by
telex, telecopy, telegraph or cable or other similar electronic medium, addressed as indicated as
follows:
Seller: Daniel and Natalie Sare
78 Pilarcitos Creek Road
Half Moon, Ca 94019
Telephone: (650) 726-2246
District: Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
Attn: Michael Williams, Real Property Manager
Telephone: (650) 691-1200
FAX: (650) 691-0485
If sent by telegraph, facsimile copy or cable, a confirmed copy of such telegraphic, facsimile or
cabled notice shall promptly be sent by mail (in the manner provided above) to the addressee.
Service of any such communication made only by mail shall be deemed complete on the date of
actual delivery as indicated by the addressee's registry or certification receipt or at the expiration
Purchase Agreement Page 9
of the third (3rd) business day after the date of mailing, whichever is earlier in time. Either party
hereto may from time to time, by notice in writing served upon the other party as aforesaid,
designate a different mailing address or a different person to which such notices or demands are
thereafter to be addressed or delivered. Nothing contained in this Agreement shall excuse either
party from giving oral notice to the other when prompt notification is appropriate, but any oral
notice given shall not satisfy the requirement of written notice as provided in this Section.
G. Severability. If any of the provisions of this Agreement are held to be void or
unenforceable by or as a result of a determination of any court of competent jurisdiction, the
decision of which is binding upon the parties, the parties agree that such determination shall not
result in the nullity or unenforceability of the remaining portions of this Agreement. The parties
further agree to replace such void or unenforceable provisions which will achieve, to the extent
possible, the economic, business and other purposes of the void or unenforceable provisions.
H. Counterparts. This Agreement may be executed in separate counterparts, each of
which shall be deemed as an original, and when executed, separately or together, shall constitute
a single original instrument, effective in the same manner as if the parties had executed one and
the same instrument.
I. Waiver. No waiver of any term, provision or condition of this Agreement,
whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be
construed as, a further or continuing waiver of any such term, provision or condition or as a
waiver of any other term, provision or condition of this Agreement.
J. Entire Agreement. This Agreement is intended by the parties to be the final
expression of their agreement; it embodies the entire agreement and understanding between the
parties hereto; it constitutes a complete and exclusive statement of the terms and conditions
thereof, and it supersedes any and all prior correspondence, conversations, negotiations,
agreements or understandings relating to the same subject matter.
K. Time of Essence. Time is of the essence of each provision of this Agreement in
which time is an element.
L. Survival of Covenants. All covenants of District or Seller which are expressly
intended hereunder to be performed in whole or in part after the Closing, and all representations
and warranties by either party to the other, shall survive the Closing and be binding upon and
inure to the benefit of the respective parties hereto and their respective heirs, successors and
permitted assigns.
M. AssimWent. Except as expressly permitted herein, neither party to this
Agreement shall assign its rights or obligations under this Agreement to any third party without
the prior written approval of the other party.
N. Further Documents and Acts. Each of the parties hereto agrees to execute and
deliver such further documents and perform such other acts as may be reasonably necessary or
Purchase Agreement Page 105
1l
/0
appropriate to consummate and carry into effect the transactions described and contemplated
under this Agreement.
O. Binding on Successors and Assigns, This Agreement and all of its terms,
conditions and covenants are intended to be fully effective and binding, to the extent permitted
by law, on the successors and permitted assigns of the parties hereto.
P. Broker's Commission. District shall not be responsible for any real estate
commission or other related costs or fees in this transaction. Seller agrees to and does hereby
indemnify and hold District harmless from and against any and all 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 Seller in
connection with this transaction.
Q. Captions. Captions are provided herein for convenience only and they form no
part of this Agreement and are not to serve as a basis for interpretation or construction of this
Agreement, nor as evidence of the intention of the parties hereto.
R. Pronoun References. In this Agreement, if it be appropriate, the use of the
singular shall include the plural, and the plural shall include the singular, and the use of any
gender shall include all other genders as appropriate.
S. Arbitration of Disputes. If a dispute arises out of or relates to this Agreement or
the performance or breach thereof, the parties agree first to participate in non-binding mediation
in order to resolve their dispute. If the parties are unable to resolve their dispute through
mediation, or if there is any remaining unresolved controversy or claim subsequent to mediation,
any remaining unresolved controversy or claim shall be settled by binding arbitration. The
parties shall jointly select one arbitrator who shall be a retired or former judge of the Superior
Court of California. The arbitration shall be conducted in accordance with the rules set forth in
California Code of Civil Procedure Sections 1280 el. seq. including the right of discovery.
Hearings shall be held in San Mateo County, California. If the parties are unable to agree upon
an arbitrator, the arbitration shall be conducted by Judicial Arbitration and Mediation Services,
Inc. ("JAMS") in accordance with the rules thereof or, if JAMS ceases to exist, its successor, or
if none, a similar arbitration service. If arbitration is required to resolve a dispute, it shall in all
cases be final and binding.
NOTICE: BY INITIALING IN THE SPACE BELOW, YOU ARE AGREEING TO HAVE
ANY DISPUTE ARISING FROM THE MATTERS INCLUDED IN THE
"ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL
ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP
ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A
COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW,YOU ARE
GIVING UP YOUR JUDICIAL RIGHTS TO APPEAL UNLESS THOSE RIGHTS ARE
SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION.
IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS
n5Purchase Agreement Page 11 \/
Aj
PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE
AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR
AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.
WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT
DISPUTES ARISING FROM THE MATTER INCLUDED IN THE "ARBITRATION OF
DISPUTES" PROVISION TO NEUTRAL ARBITRATION.
SELLER INITIALQ5 �YS DISTRICT INITIAL
12. Acceptance. Provided that this Agreement is executed by Seller and delivered to
District on or before February 11, 2010, District shall have until midnight February 24, 2010 to
accept and execute this Agreement, and during said period this instrument shall constitute an
option and irrevocable offer by Seller to sell and convey the Property to District for the
consideration and under the terms and conditions herein set forth. Said offer shall remain
irrevocable during this period without the necessity of execution and acceptance of this Purchase
Agreement by District. As consideration for said irrevocable option, District has paid into
escrow and Seller acknowledges deposit into escrow of the sum of Five Thousand Dollars and
No/100 ($5,000.00), ("Option Consideration") which shall be applied upon the close of escrow to
the Purchase Price as set forth in Section 2 hereof. If escrow fails to close due to any act or
material breach of this Agreement by District, Seller may retain the Option Consideration.
Provided that this Agreement is accepted by District, this transaction shall close as soon
as practicable in accordance with the terms and conditions set forth herein.
lIJ
HI
Purchase Agreement Page 12 0
Iv�
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their duly authorized officers to be effective as of the date of final execution by District in
accordance with the terms hereof.
DISTRICT: SELLER:
MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT Daniel Sare, Trustee of the Daniel &Natalie
Sare Living Trust dated November 24, 2008
APPROVED AND ACCEPTED:
;-—1
Date
Mary Davey,OPresident, Board of Directors
^ SCnv'u
i
Date Natalie Sare, Trustee of the Daniel &Natalie
Sare Living Trust dated November 24, 2008
ATTEST:
I - ) 0 - ;t01 0
Date
�u U61.
District Clerk
0212-i lam ro
Date
i
ACCEPTED FOR RECOMMENDATION
1
rp'�'C"
lcc
Michael C. Williams, Real Property Manager
APPROVED AS TO FORM:
Susan M. Schectman, General Counsel
RECOMMENDED FOR APPROVAL:
tephe l . Abbors, General Manager
Exhibit "A"
OLD REPUBLIC 361 Lytton Avenue, Suite 100
Palo Alto, CA 94301
4 T I T L E C 0 M P A N Y (650) 321-0510 Fax: (650) 321-2973
PRELIMINARY REPORT
Issued for the sole use of: SECOND AMENDED REPORT
Our Order Number 0626013659-SG
When Replying Please Contact:
Buyer: Susan Goulet
MIDPENINSULA REGIONAL OPEN SPACE (650) 321-0510
DISTRICT
Property Address:
CA
[Unincorporated area of San Mateo County]
In response to the above referenced application for a policy of title insurance, OLD REPUBLIC TITLE COMPANY hereby reports
that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and
the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or
encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules,
conditions and Stipulations of said policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said Policy or Policies are set forth in
Exhibit A attached.The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth
in the arbitration clause,all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive
remedy of the parties. Limitations on Covered Risks applicable to the Homeowner's Policy of Title Insurance which establish a
Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A.Copies of the Policy
forms should be read.They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this
report carefully.The exceptions and exclusions are meant to provide you with notice of matters which are not covered
under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may
not list all liens,defects,and encumbrances affecting title to the land.
This report(and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title
insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance,
a Binder or Commitment should be requested.
Dated as of October 29, 2009, at 7:30 AM
OLD REPUBLIC TITLE COMPANY
For Exceptions Shown or Referred to, See Attached
Page I of 19 Pages
OPT-41 1;9-A(P.,, nwn7fflAN
OLD REPUBLIC TITLE COMPANY
ORDER NO. 0626013659-SG
FIRST AMENDED REPORT
The form of policy of title insurance contemplated by this report is:
CLTA Standard Coverage Policy - 1990. A specific request should be made if another form or
additional coverage is desired.
The estate or interest in the land hereinafter described or referred or covered by this Report is:
Fee as to Parcel(s) One through Four and an Easement as to Parcel(s) Five
Title to said estate or interest at the date hereof is vested in:
Daniel Sare and Natalie Sare, Trustees of the Daniel & Natalie Sare Living Trust, dated
November 24, 2008
The land referred to in this Report is situated in the unincorporated area of the County of San Mateo, State of California,
and is described as follows:
PARCEL ONE:
The Westerly 1/2 of the Northwest 1/4 and the Southeasterly 1/4 of the Northwest 1/4 and the Northeast 1/4
of the Southwest 1/4 of Section 14, Township 5 South, Range 5 West, Mount Diablo Base and Meridian.
PARCEL TWO:
The Southerly 1/2 of the Southwest 1/4 and the Northwest 1/4 of the Southwest 1/4 of Section 14, Township
5 South, Range 5 West Mount Diablo Base and Meridian.
EXCEPTING THEREFROM the following:
(a) The lands conveyed to the State of California by that certain Deed recorded on August 6, 1936 in Book
705 of Official Records, at Page 96, Records of San Mateo County, California.
(b) The lands conveyed to Coastside County Water District, by that certain Deed recorded on October 13,
1955 in Book 2893 of Official Records, at Page 216 (File No. 93856-M), Records of San Mateo County,
California.
(c) The lands conveyed to the State of California by that certain Deed recorded on July 20, 1960 in Book
3828 of Official Records, at Page 599 (File No. 73495-S), Records of San Mateo County, California.
(d) The lands conveyed to the State of California by that certain Deed recorded on July 20, 1960 in Book
3828 of Official Records, at Page 607 (File No. 73497-S), Records of San Mateo County, California.
(e) The lands conveyed to Charles F. Masarik, Jr. and Roy Reutlinger, by that certain Deed recorded on
September 11, 1963 in Book 4544 of Official Records, at Page 631 (File No. 37375-W), Records of San
Mateo County, California.
PARCEL THREE:
The Northeast 1/4 of Section 15, Township 5 South, Range 5 West, Mount Diablo Base and Meridian.
Page 2 of 19 Pages
nPT I I SR-R
OLD REPUBLIC TITLE COMPANY
ORDER NO. 0626013659-SG
FIRST AMENDED REPORT
PARCEL FOUR:
The Northwest 1/4 of Section 23, Township 5 South, Range 5 West, Mount Diablo Base and Meridian.
PARCEL FIVE:
A perpetual easement, as Reserved in the Deed to the State of California, recorded on August 6, 1936 in Book
705 of Official Records, at Page 96, Records of San Mateo County, California, for the use of the existing
underpass located under said highway between Station 167-40 and Station 167-60 of the Official Survey
thereof.
Said easement was created by Reservation in that certain Deed to the State of California, recorded August 6,
1936 in Book 705 of Official Records at Page 96, Records of San Mateo County, California.
APN: 056-380-010 JPN: 056-038-380-01
056-380-020 056-038-380-02
056-380-040 056-038-380-04
056-380-050 056-038-380-05
056-380-060 056-038-380-06
056-382-010 056-038-382-01
056-382-040 056-038-382-02
056-430-010 056-043-430-01
At the date hereof exceptions to coverage in addition to the Exceptions and Exclusions in said policy form would be as follows:
1. Taxes and assessments, general and special, for the fiscal year 2009 - 2010, a lien, but not
yet due or payable.
2. Taxes and assessments, general and special, for the fiscal year 2008 - 2009, as follows:
Assessor's Parcel No 056-380-010
Code No. 87-029
1st Installment $110.27 Marked Paid
2nd Installment $110.27 Marked Paid
Land $17,962.00
Imp. Value $0.00
Exemption $0.00
Page 3 of 19 Pages
OLD REPUBLIC TITLE COMPANY J�
ORDER NO. 0626013659-SG
FIRST AMENDED REPORT
3. Taxes and assessments, general and special, for the fiscal year 2008 - 2009, as follows:
Assessor's Parcel No 056-380-020
Code No. 87-020
1st Installment $1,119.82 Marked Paid
2nd Installment $1,119.82 Marked Paid
Land $140,705.00
Imp. Value $60,844.00
Exemption $0.00
4. Taxes and assessments, general and special, for the fiscal year 2008 - 2009, as follows:
Assessor's Parcel No 056-380-040
Code No. 87-019
1st Installment $65.55 Marked Paid
2nd Installment $65.55 Marked Paid
Land $11,021.00
Imp. Value $0.00
Exemption $0.00
- 2009 as follows:
meets eneral and special, for the fiscal year 2008 ,
5. Taxes and assessments., g p Y
Assessors Parcel 056-380-050
I No ,
Code No. 87-019
1st Installment $65.54 Marked Paid
2nd Installment $65.54 Marked Paid
Land $11,021.00
Imp. Value $0.00
Exemption $0.00
, 9special,6, Taxes and assessments eneral and for the fiscal year 2008 - 2009, as follows:
Assessor's Parcel No 056-380-060
Code No. 87-020
1st Installment $739.80 Marked Paid
2nd Installment $739.80 Marked Paid
Land $113,259.00
Imp. Value $19,332.00
Exemption $0.00
Pages
Page 4 of 19 Pa
9 9
nPT 31 qA-R
OLD REPUBLIC TITLE COMPANY }
ORDER NO. 0626013659-SG
FIRST AMENDED REPORT
7. Taxes and assessments, general and special, for the fiscal year 2008 - 2009, as follows:
Assessor's Parcel No 056-382-010
Code No. 87-020
1st Installment $81.32 Marked Paid
2nd Installment $81.32 Marked Paid
Land $11,901.00
Imp. Value : $0.00
Exemption $0.00
8. Taxes and assessments, general and special, for the fiscal year 2008 - 2009, as follows:
Assessor's Parcel No 056-382-040
Code No. 87-019
1st Installment $25.08 Marked Paid
2nd Installment $25.08 Marked Paid
Land $3,484.00
Imp. Value $0.00
Exemption $0.00
9. Taxes and assessments, general and special, for the fiscal year 2008 - 2009, as follows:
Assessor's Parcel No 056-430-010
Code No. 87-029
1st Installment $177.18 Marked Paid
2nd Installment $177.18 Marked Paid
Land $28,657.00
Imp. Value $1,894.00
Exemption $0.00
10. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Section 75, et
seq., of the Revenue and Taxation Code of the State of California.
11. Any easement for water course over that portion of said land lying within the banks of
Pilaritos Creek and any changes in the boundary lines of said land that have occurred or may
hereafter occur from natural causes.
Page 5 of 19 Pages
(WT I -;R-R
OLD REPUBLIC TITLE COMPANY
ORDER NO. 0626013659-SG
FIRST AMENDED REPORT L—)
12. An easement affecting that portion of said land and for the purposes stated herein and
incidental purposes as provided in the following
Instrument Deed
Granted to Half Moon Bay Turnpike Road Company, a corporation
For Road purposes
Recorded May 11th, 1871 in Book 12 of Deeds, Page 379
Affects Route of said road is not disclosed of Record
13. An easement affecting that portion of said land and for the purposes stated herein and
incidental purposes as provided in the following
Instrument Deed
Granted to The County of San Mateo
For Road purposes
Recorded December 8th, 1883 in Book 37 of Deeds, Page 86
Affects Route of said road is not disclosed of Record
14. An easement affecting that portion of said land and for the purposes stated herein and
incidental purposes as provided in the following
Instrument Deed
Granted to The Pacific Telephone and Telegraph Company
For Right of Way for poles and wires
Recorded January 24th, 1924 in Book 102 of Official Records, Page 202
Affects Across the Northeasterly 1/4 of the Southwesterly 1/4 of Section 14
Page 6 of 19 Pages
0QJ �IrR-R
OLD REPUBLIC TITLE COMPANY
ORDER NO. 0626013659-SG V"
FIRST AMENDED REPORT
15. An easement affecting that portion of said land and for the purposes stated herein and
incidental purposes as provided in the following
Instrument Deed
Granted to Pacific Gas and Electric Company, a California corporation
For A line of poles and wires for the transmission of electrical energy
Recorded November 27th, 1953 in Book 2505 of Official Records, Page 375
Affects A strip of land of the uniform width of 10 feet lying equally on each
side of that certain line which begins at a point in the Westerly
boundary line (marked by a fence now upon the ground) of said
lands from which the Northwest corner (marked by an intersection
of fences now upon the ground) of the Southeast 1/4 of the
Southeast 1/4 of said Section 15 bears North 00 26' East 479.8 feet
distant and runs thence North 730 51' East 2675 feet, more or less,
to the Easterly boundary line of said lands; Affects the Northwest
1/4 of the Southwest 1/4, and the South 1/2 of the Southwest 1/4
of Section 14, and the Southeast 1/4 of the Southeast 1/4 of
Section 15, Township 5 South, Range 5 West, M.D.B.&M.; save and
excepting therefrom that portion thereof lying on the Southerly side
of the Northerly boundary line of the State Highway traversing said
Sections 14 and 15
16. An easement affecting that portion of said land and for the purposes stated herein and
incidental purposes as provided in the following
Instrument Deed
Granted to Pacific Gas and Electric Company, a California corporation
For Right of way for a line of poles and wires, proper crossarms guys,
anchors and other fixtures for use in connection therewith
Recorded December 8th, 1953 in Book 2509 of Official Records, Page 502
Affects 40 feet in width, crossing the South 1/2 of the Northwest 1/4 of
Section 14
Page 7 of 19 Pages
OPT"I I SR-A
05
OLD REPUBLIC TITLE COMPANY
ORDER NO. 0626013659-SG
FIRST AMENDED REPORT
17. An easement affecting that portion of said land and for the purposes stated herein and
incidental purposes as provided in the following
Instrument Deed
Granted to Coastside County Water District, a public corporation of the State of
California
For A pipe line for the transmission and distribution of water, and a
right of way for ingress and egress
Recorded August 22nd, 1955 in Book 2861 of Official Records, Page 470
Affects 10 feet in width, and right of way over a strip of land 15 feet in
width across the Westerly 1/2 of the Northwesterly 1/4 of Section
14
18. Terms and provisions as contained in an instrument
Entitled Grant of Easement
Executed by Cleo Sare and Norma Sare, his wife
Dated July 6th, 1955
Recorded August 22nd, 1955 in Book 2861 of Official Records, Page 470
Which, among Maintenance, repair and use of the easement granted therein.
other things,
provides
19. An easement affecting that portion of said land and for the purposes stated herein and
incidental purposes as provided in the following
Instrument Grant of Easement
Granted to Coastside County Water District, a public corporation
For A perpetual and exclusive easement for the construction,
maintenance and use of a pipe line for the transmission and
distribution of water and all connected or associated purposes,
together with the right of ingress or egress
Recorded October 13th, 1955 in Book 2893 of Official Records, Page 216
Affects Portion of said land
20. Waiver of any claims for damages to said property by reason of the location, construction,
landscaping or maintenance of the freeway adjoining said property, as contained in the deed
to the State of California,
Recorded July 20th, 1960 in Book 3828 of Official Records, Page 599
Page 8 of 19 Pages
r)PT'A I',A-R
O�
OLD REPUBLIC TITLE COMPANY
ORDER NO. 0626013659-SG
FIRST AMENDED REPORT N_v
21. Waiver of any claims for damages to said property by reason of the location, construction,
landscaping or maintenance of the freeway adjoining said property, as contained in the deed
to the State of California,
Recorded July 20th, 1960 in Book 3828 of Official Records, Page 607
22. An easement affecting that portion of said land and for the purposes stated he and
incidental purposes as provided in the following
Instrument Deed
Granted to The Pacific Telephone and Telegraph Company, a corporation
For The right from time to time to construct, place, install, inspect,
repair, maintain, use, operate, replace and remove communication
facilities, consisting of underground conduits, pipes, manholes,
service boxes, splicing boxes, wires, cables, other electrical
conductors and aboveground marker posts, risers, terminals, gas
valves, repeaters and other appurtenances, together with a right of
way therefore and the right of ingress thereto and egress therefrom
Recorded December 31st, 1965 in Book 5088 of Official Records, Page 297
Affects A portion of said land
23. Williamson Act— Land Conservation contract, as follows:
City/County San Mateo
Landowner Cleo C. Sare
Recorded June 24, 1966 in Book 5180 of Official Records, Page 500
Contract/File No Not Shown
With Notice of Non-Renewal recorded September 9, 2009 in Official Records under
Recorder's Serial Number 2009-121244
Page 9 of 19 Pages
nPT�iR-R
OLD REPUBLIC TITLE COMPANY
ORDER NO. 0626013659-SG V'r-
FIRST AMENDED REPORT
24. An easement affecting that portion of said land and for the purposes stated herein and
incidental purposes as provided in the following
Instrument Deed
Granted to Pacific Gas and Electric Company, a California corporation
For The right to excavate for, install, replace for the initial or any other
size), maintain and use such pipe lines as second party shall from
time to time elect for conveying gas, with necessary and proper
valves and other appliances and fittings, and devices for controlling
electrolysis for use in connection with said pipe lines, together with
adequate protection therefore, and also a Right of Way
Recorded December 1st, 1966 in Book 5244 of Official Records, Page 116
Affects A portion of said land
25. Williamson Act— Land Conservation contract, as follows:
City/County San Mateo
Landowner Cleo C. Sare
Recorded May 14, 1969 in Book 5638 of Official Records, Page 248
Contract/File No Not Shown
26. An easement affecting that portion of said land and for the purposes stated herein and
incidental purposes as provided in the following
Instrument Grant of Easement
Granted to Coastside County Water District, a public corporation of the State of
California
For Pipeline, and ingress and egress
Recorded December 16th, 1988 in Official Records, under Recorder's Serial
Number 88171254
Upon the terms and conditions contained therein.
Page 10 of 19 Pages
()PT'A I SR-k
OLD REPUBLIC TITLE COMPANY
ORDER NO. 0626013659-SG
FIRST AMENDED REPORT
27. An easement affecting that portion of said land and for the purposes stated herein and
incidental purposes as provided in the following
Instrument Grant of Easement
Granted To Coastside County Water District, a public corporation of the State of
California
For Water pipeline
Recorded December 16, 1988 in Official Records under Recorder's Serial
Number 88171255
Affects A portion
28. An easement affecting that portion of said land and for the purposes stated herein and
incidental purposes as provided in the following
Instrument Grant of Easement
Granted to Coastside County Water District, a public corporation of the State of
California
For Pipeline, and right of ingress and egress
Recorded October 18th, 1990 in Official Records, under Recorder's Serial
Number 90138558
Upon the terms and conditions contained therein.
29. Lease ,
upon the terms covenants and conditions contained therein.
p
Dated February 20th, 1996
Lessor Cleo Sare, et al.
Lessee Pacific Bell Mobile Services, a California corporation
Disclosed by Memorandum of Lease
Dated July 10th, 1996
Recorded August 12th, 1996 in Official Records, under Recorder's Serial
Number 96-098852
Returned to 4420 Rosewood Drive, Bldg. 2, 2nd Floor, Pleasanton, CA 94588
Address
i
NOTE: The present ownership of said leasehold or leaseholds and other matters
affecting the interest of the lessee or lessees are not shown herein.
i
Page 11 of 19 Pages
OPT Z1IR-R
I
I
OLD REPUBLIC TITLE COMPANY
ORDER NO. 0626013659-SG
FIRST AMENDED REPORT 1N
30. Agreement for Easement
Executed by Sprint Spectrum L.P., a Delaware limited partnership
and Between Cleo Sare and Damel Sare, an individual
On the terms, covenants and conditions contained therein,
Dated July 1st, 1998
Recorded October 6th, 1998 in Official Records, under Recorder's Serial
Number 98-162346
Return to Address 4683 Chabot Drive, Suite 100, Pleasanton, CA 94588
31. Terms and provisions as contained in an instrument,
Entitled Trust Transfer Deed
Dated February 23, 2004
Recorded May 12, 2004 in Official Records under Recorder's Serial Number
2004-096235
32. An unrecorded lease upon the terms, covenants, and conditions contained or referred to
therein,
Dated May 26, 2005
Lesso
r
Cleo Sare and Daniel Sare
Lessee STC Five LLC, a Delaware limited liability company
Site Designation Supplement to Master Lease and Sublease
b p
Disclosed 9 p
y
Agreement
Recorded March 30, 2006 in Official Records under Recorder's Serial
Number 2006-046162
Return to Address 9011 Arboretum Pkwy #300, Richmond, VA 23236
NOTE: The present ownership of said leasehold or leaseholds and other matters
affecting the interest of the lessee or lessees are not shown herein.
Page 12 of 19 Pages
(lRT "71SR-R
OLD REPUBLIC'TITLE COMPANY
ORDER NO. 0626013659-SG
FIRST AMENDED REPORT
33. Action as follows:
Plaintiff Darlene Evangelho, Daryl Evangelho and Darlene Evangelho,
Trustees for the Daryl Evangelho and Darlene Evangelho Revocable
Living Trust
Defendant Daniel Sare, also known as Daniel Charles Sare, an individual; Shirley
Ann Sare and Daniel Charles Sare, Co-Trustees of the Sare 2004
Family Trust, dated February 23, 2004; and does one through ten,
inclusive
Court Superior Court of the State of California, County of San Mateo
Case No. CIV 476144
Purpose Notice of Pendency of Action for Partition
As Disclosed by or Notice of Which is
Dated January 13, 2009
Recorded January 13, 2009 in Official Records under Recorder's Serial Number
2009-003288
Attorney Michael Serratto, attorney at law
For Darlene Evangelho, Daryl Evangelho and Darlene Evangelho,
Trustees for the Daryl Evangelho and Darlene Evangelho Revocable
Living Trust
With Notice of Withdrawal recorded October 28, 2009 in Official Records under Recorder's
Serial Number 2009-141925
34. Agreement for Easement
Executed By Shirley Ann Sare, an individual
and Between Daniel Sare, an individual
On the terms, covenants and conditions contained therein,
Dated September 9, 2008
Recorded September 12, 2008 in Official Records under Recorder's Serial
Number 2008-103327
Returned to
Address Sheppard, Mullin, Richter and Hampton LLP, Four Embarcadero
Center, Suite 1700, San Francisco, California 94111, Attention:
Douglas G. Van Gessel, Esq.
Page 13 of 19 Pages
nPT'11rR-R
OLD REPUBLIC TITLE COMPANY
ORDER NO. 0626013659-SG
FIRST AMENDED REPORT
35. An easement affecting that portion of said land and for the purposes stated herein and
incidental purposes as provided in the following
Instrument Easement Deed
Granted To Daniel Sare et al. and egress
For Existing road for vehicular and pedestrian ingress
Recorded October 27, 2008 in Official Records under Recorder's Serial Number
2008-117682
Affects A portion
With Quitclaim Deed recorded October 28, 2009 in Official Records under Recorder's Serial
Number 2009-141930
36. Terms and provisions as contained in an instrument,
Entitled Easement Deed
Executed By Shirley Ann Sare, as Trustee of the Survivor's Trust of the Sare 2004
Family Trust dated February 23, 2004, as amended on October 9,
2007; Daniel Sare, an individual, as to an undivided twenty-five
percent (25%) interest as tenant in common; Darlene Evangelho, an
individual, as to an undivided twenty-five percent (25%) interest as
tenant in common, and Daniel Sare and Shirley Ann Sare, as Co-
Trustees of the Sare 2004 Family Trust, as to an undivided fifty
percent (50%) interest as tenant in common
Dated October 14, 2008
Recorded October 27, 2008 in Official Records under Pecorder's Serial NUmber.
2008-117682
Returned to
Address Sheppard, Mullin, Richter and Hampton LLP, Four Embarcadero
Center, Suite 1700, San Francisco, California 94111, Attention: Arthur
Friedman, Esq.
With Quitclaim Deed recorded October 28, 2009 in Official Records under Recorder's Serial
Number 2009-141930
Page 14 of 19 Pages
r)PT I I SR-R
OLD REPUBLIC TITLE COMPANY
ORDER NO. 0626013659-SG C,
FIRST AMENDED REPORT
37. Terms and provisions as contained in an instrument,
Entitled Agreement Regarding Easement and Amendment to Easement Deed
Executed By Shirley Ann Sare, as Trustee of the Survivor's Trust of the 2004 Sare
Family Trust dated February 23, 2004, as amended on October 9,
2007; Daniel Sare, an individual, as to an undivided twenty-five
percent (25%) interest as tenant in common; Darlene Evangelho, an
individual, as to an undivided twenty-five percent (25%) interest as
tenant in common, and Daniel Sare and Shirley Ann Sare, as Co-
Trustees of the Sare 2004 Family Trust, as to an undivided fifty
percent (50%) interest as tenant in common
Recorded June 16, 2009 in Official Records Under Recorder's Serial Number
2009-078741
Returned to
Address Attn: Joseph Delaney, Esq., 401 B Street, Suite 1700, San Diego, CA
92101-4297
38. Deed of Trust to secure an indebtedness of the amount stated below and any other amounts
payable under the terms thereof,
Amount $1,550,000.00
Tru stor/Borrower Daniel Sare, as Trustee and Natalie Sare, as Trustee of the Daniel
& Natalie Sare Living Trust, dated November 24, 2008, a
California Trust
Trustee First American Title Co, a corporation
Beneficiary/Lender The Peoples State Bank, organized and existing under the laws of
Illinois
Dated October 15, 2009
Recorded October 28, 2009 in Official Records under Recorder's Serial
Number 2009-141929
39. Any unrecorded and subsisting leases.
40. Rights and claims of parties in possession.
Page 15 of 19 Pages
OLD REPUBLIC TITLE COMPANY
ORDER NO. 0626013659-SG
FIRST AMENDED REPORT
41. Terms and conditions contained in the Daryl Evangelho and Darlene Evangelho Revocable
Living Trust as disclosed by Quitclaim Deed
Dated March 26, 2008
Recorded April 11, 2008 in Official Records under Recorder's Serial Number
2008-040677
NOTE: The requirement that:
A Certification of Trust be furnished in accordance with Probate Code Section 18100.5
The Company reserves the right to make additional exceptions and/or requirements.
42. Terms and conditions contained in the Daniel & Natalie Sare Living Trust as disclosed by
Trust Transfer Deed
Dated November 24, 2008
Recorded December 3, 2003 in Official Records under Recorder's Serial Number
2008-130796
NOTE: The requirement that:
A Certification of Trust be furnished in accordance with Probate Code Section 18100.5
The Company reserves the right to make additional exceptions and/or requirements.
43. Terms and conditions contained in the Sare 2004 Family Trust under Declaration of Trust
dated February 23, 2004 as disclosed by Trust Transfer Deed
Dated February 23, 2004
Recorded May 12, 2004 in Official Records under Recorder's Serial Number
2004-096235
NOTE: The requirement that:
A Certification of Trust be furnished in accordance with Probate Code Section 18100.5
The Company reserves the right to make additional exceptions and/or requirements.
-------------------- Informational Notes-------------------
A. The applicable rate(s) for the policy(s) being offered by this report or commitment appears
to be section(s) 1.1 and 2.1.
Page 16 of 19 Pages
r)PT'11 SR-R
OLD REPUBLIC TITLE COMPANY
ORDER NO. 0626013659-SG
FIRST AMENDED REPORT
B. The above numbered report (including any supplements or amendments thereto) is hereby
modified and/or supplemented to reflect the following additional items relating to the
issuance of an American Land Title Association loan form policy:
NONE
NOTE: Our investigation has been completed and there is located on said land vacant land
known as CA.
The ALTA loan policy, when issued, will contain the CLTA 100 Endorsement and 116 series
Endorsement.
Unless shown elsewhere in the body of this report, there appear of record no transfers or
agreements to transfer the land described herein within the last three years prior to the date
hereof, except as follows:
Quitclaim Deed executed by Darlene Evangelho to Daryl Evangelho and Darlene Evangelho,
Trustees for the Daryl Evangelho and Darlene Evangelho Revocable Living Trust, as to an
undivided 1/4 interest recorded April 11, 2008 in Official Records under Recorder's Serial
Number 2008-040677.
Trust Transfer Deed executed by Daniel Sare, a married man as his sole and
separate property, as to an undivided one-half interest to Daniel Sare, Trustee, or his
successors in trust, under the Daniel & Natalie Sare Living Trust, dated November
24, 2008 recorded December 3, 2008 in Official Records under Recorder's Serial
Number 2008-130796.
Trust Transfer Deed executed by Cleo C. Sare, a married man as his sole and
separate property to Cleo C. Sare and Shirley Ann Sare, as Trustees of the Sare 2004
Family Trust under Declaration of Trust dated February 23, 2004 recorded May 12,
2004 in Official Records Linder Recorder's Serial Number 2004-096235.
Grant Deed executed by Shirley Ann Sare and Daniel Charles Sare, as Trustees of
the Sare 2004 Family Trust dated February 23, 2004 to Shirley Gannett Sare, as
Trustee of the Survivor's Trust under the Sare 2004 Family Trust dated February 23,
2004 recorded July 6, 2009 in Official Records under Recorder's Serial Number 2009-
088934.
Page 17 of 19 Pages
r)PT 3119-R
OLD REPUBLIC TITLE COMPANY
ORDER NO. 0626013659-SG
FIRST AMENDED REPORT
Grant Deed executed by Daryl Evangelho and Darlene Evangelho, Trustees for the
Daryl Evangelho and Darlene Evangelho Revocable Living Trust to Daniel Sare and
Natalie Sare, as Trustees of the Daniel and Natalie Sare Living Trust dated November
24, 2008, a California Trust recorded October 28, 2009 in Official Records under
Recorder's Serial Number 2009-141926.
Quitclaim Deed executed by Shirley Ann Sarea nd Daniel Charles Sare, as Successor
Co-Trustees of Sare 2004 Family Trust under Declaration of Trust dated February 23,
2004 to Daniel Sare and Natalie Sare, as Trustees of the Daniel and Natalie Sare
Living Trust, dated November 24, 2008 recorded October 28, 2009 in Official
Records under Recorder's Serial Number 2009-141927.
Grant Deed executed by Daniel Sare, Trustee, or his successors in turst, under the
Daniel and Natalie Sare Living Trust, dated November 24, 2008 to Daniel Sare and
Natalie Sare, as Trustees of the Daniel and Natalie Sare Living Trust, dated
November 24, 2008 recorded October 28, 2009 in Official Records under Recorder's
Serial Number 2009-141928.
Page 18 of 19 Pages
nQT I 11A41
Exhibit "B" to Purchase Agreement
Recorded at the request of L-)
and when recorded return to:
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
Attn: M. Williams, Real Property Manager
No Documentary Transfer Tax Due: Exempt From Recording
Fees:
Revenue & Taxation Code §11922 Government Code §§6103,
27383
SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY
GRANT OF ACCESS EASEMENT
THIS ACCESS EASEMENT (this "Agreement") is made and entered into as of
, 2010, by and between Daniel Sare and Natalie Sare, Trustees of the
Daniel & Natalie Sare Living Trust, dated November 24, 2008, (hereinafter collectively
referred to as "Grantor"), and the MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT, a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of
the California Public Resources Code (hereinafter referred to as "District").
Recitals:
A. Grantor is the owner of certain real property located in San Mateo County,
California(the "Grantor Property"), as more particularly described in Exhibit "A"
attached hereto and incorporated herein by this reference.
B. District is the owner of certain real property located in San Mateo County,
California(the "District Property"), as more particularly described in Exhibit "B"
attached hereto and incorporated herein by this reference.
C. The parties desire to provide for the establishment of an access easement,
for the benefit of the District Property, on, over and across portions of the Grantor
Property (the "Easement") as described and depicted in Exhibit "C" attached hereto and
incorporated herein by this reference.
NOW THEREFORE, in consideration of the agreements of the parties set forth in
this Agreement and other good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the parties agree as follows:
I. GRANT OF EASEMENT. Subject to the terms and conditions hereinafter
set forth, Grantor hereby grants to District for use by its employees, volunteers, officers,
Exhibit "B"to Purchase Agreement
contractors, licensees, consultants, permittees and lessees, (hereinafter collectively
referred to as District Agents) a perpetual, non-exclusive easement (the "Easement")
appurtenant to District Property over and across the Easement Area as defined herein, for
access, patrol, operations, resource management and maintenance purposes for the
benefit of the District Property. The Easement shall not be used for general public access
purposes. The Easement granted herein is a right of access by District including without
limitation District Agents, subject to the limitations set forth in Section 4.1� of this
Agreement. Grantor hereby agrees that the vehicular access over and across the
Easement Area permitted by the Easement may include, without limitation, construction
vehicles, heavy equipment and emergency vehicles.
2. LOCATION. The Easement granted herein begins at the south easterly
edge of Pilarcitos Creek Road on the north side of State Highway 92 and consists of a
forty (40) foot wide strip of land on, over and across that portion Grantor Property
extending twenty (20) feet in both directions from the centerline of the existing ranch
road, use of the existing underpass under State Highway Route 92 reserved by Grantor in
that certain Deed to the State of California, recorded August 6, 1936 in Book 705 of
Official Records at Page 96, Records of San Mateo, and continuing on the south side of
State Route Highway 92 a forty (40) foot wide strip of land on over and across that
portion of Grantor Property extending twenty (20) feet in both directions from the
centerline of the existing ranch road, all of which are described and depicted in Exhibit C,
attached and incorporated herein by this reference, and referenced as the "Easement
Area". The access road within the Easement Area as it currently exists is approximately
twelve (12) feet in width. There is no duty on the part of either the Grantor or District to
enlarge or otherwise improve the existing access road, but either party shall have the right
to do so pursuant to Section 6 of this Agreement.
3. RELOCATION OR REPLACEMENT OF EASEMENT
A. Relocation of Easement. At Grantor's sole expense, Grantor may relocate the
Easement Area on the north and south side of State Highway Route 92 if in the opinion
of Grantor the location of the Easement Area unreasonably interferes with the present or
future use by Grantor of Grantor Property, provided that Grantor shall provide to District
a substitute and recordable Grant of Access Easement and Easement Area providing the
same width and the same ability to access the District Property described herein both
from the north side and south side of State Highway Route 92. A legal description of the
location of the relocated Easement Area shall be prepared at Grantor's cost and the new
Grant of Access Easement shall be recorded.
B. Replacement of Easement. Grantor may request from District to replace the
Grant of Access Easement with a substitute and recordable Grant of Access Easement
and Easement Area which will provide access to the District Property by means of a
bridge to be located on the Grantor's Property on the south side of State Highway Route
92 connecting to the existing ranch road accessing the District Property. District shall
review and respond in writing to such a request. Approval of such a request shall be
within the sole discretion of the District. In the event a replacement Grant of Access
- 2 -
Exhibit "B" to Purchase Agreement
Easement is agreed upon by Grantor and District, Grantor shall be responsible for all
costs of such replacement easement, including but not limited to costs of permitting,
construction, installation, bridge construction, and any associated road realignment or
construction. A legal description of the location of the replaced Easement Area shall be
prepared at Grantor's cost and the new Grant of Access Easement shall be recorded.
4. COVENANTS AND CONDITIONS.
A. Covenants of Grantor. Grantor hereby agrees that it shall not
construct any improvements in or on the twelve foot access road within the Easement
Area or take any action which would unreasonably interfere with District's use of the
Easement Area, nor shall Grantor take any action to restrict access to or use of the
Easement Area by District, or District Agents, or any other parties permitted to access the
Easement Area.
B. Covenants of District. District use of the Easement Area shall not
unreasonably interfere with the use and operation and activities of Grantor upon
Grantor's Property. District's use of the Easement Area may not prohibit or
unreasonably interfere with Grantor's use of Grantor Property including any growing,
maintaining, harvesting or other business practices used for Grantor's Christmas Tree
business. District shall not commit or allow to be committed any nuisance on the Grantor
Property. No garbage, rubbish of any sort shall be disposed of or buried on the Grantor
Property. District shall not use or permit use of the Easement for driving or herding of
cattle or other livestock except by truck or trailer. District shall use the existing twelve
foot access road within the Easement Area so long as it is passable year-round by an all
wheel drive vehicle. If the existing access road becomes impassable, District may use any
portion of the Easement Area for access to the District Property. District shall follow
reasonable procedures to protect Grantor's Property when using the Easement Area,
including but not limited to, District and its agents closing gates, fence openings and
other access openings after entering or leaving the Grantor Property.
5. COVENANTS BINDING ON SUCCESSORS; EQUITABLE
SERVITUDES The Easement is intended to run with the land and shall inure to the
benefit of and be binding upon District's successors and assigns and shall inure to the
benefit of and be binding upon Grantor's successors and assigns, including without
limitation, subsequent purchasers or owners of the District Property and the Grantor's
Property. The Easement and the respective covenants and obligations of the parties shall
constitute equitable servitudes running with the land pursuant to applicable law including,
but not limited to, California Civil Code Section 1462.
6. REPAIR AND MAINTENANCE OF EASEMENT.
A. Access Road
(i) Repair and Maintenance During Term of Agricultural Lease.
Grantor and District have entered into an Agricultural Lease dated 3 2010 for
Grantor's Christmas Tree business located upon a portion of the District Property.
Throughout the term of such lease and until its termination, Grantor shall have sole
responsibility for the routine repair and maintenance of the Easement Area and existing
Exhibit "B"to Purchase Agreement
twelve foot access road as shown on Exhibit C hereto. In addition, Grantor shall have
sole responsibility for routine repair and maintenance of the existing access road located
on the District Property within the Premises leased to Grantor under the Agricultural
Lease and as shown on Exhibit A of said Lease.
(ii) Repair and Maintenance Upon Termination of the Agricultural Lease,
Upon termination of the Agricultural Lease, Grantor and District shall be responsible for
the repair and maintenance of the existing access road which is located within the
Easement Area which traverses the Grantor Property in proportion to their respective
actual use of the access road. For the purposes of this Agreement, the standard of road
maintenance and repair shall be minimum rural standards necessary for District's use in
an unpaved condition reasonably suitable for year-round passage by an all-wheel drive
vehicle. Should Grantor desire any upgrade to the access road to a higher standard than
that stated above, including, but not limited to paving or underground utilities, all such
improvements and all costs of repair and maintenance for such improvements shall be at
the sole cost and expense of Grantor. Should District desire any upgrade to the access
road to a higher standard than that stated above, including, but not limited to paving or
underground utilities, all such improvements and all costs of repair and maintenance for
such improvements shall be at the sole cost and expense of District.
B. Bridges. Grantor and District shall be responsible for routine repair and
maintenance of the two bridges located upon the Easement Area and referred to as the
Pilarcitos Creek Bridge on the north side of Highway 92 and the Albert Creek Bridge on
the south side of Highway 92 in proportion to their respective actual use of the bridges..
When and if substantial and major bridge repairs are required, Grantor and District shall
meet and confer and negotiate in good faith in order to agree upon the extent, cost and
nature of the required repair. Construction and completion of such repairs shall be
undertaken by Grantor or Grantor's designee. District shall reimburse the Grantor for
District's portion of such repair costs including but not limited to parts and materials,
labor costs, equipment rental, and any engineering costs of Grantor or Grantor's
designee, provided District has agreed with Grantor upon the necessity of such repairs,
such agreement not to be unreasonably withheld. In the event either bridge is damaged
due solely to the District's vehicular use, District shall be responsible for the costs of
repair of such damage at its sole cost. In the event either bridge is damaged due solely to
the Grantor's vehicular use, Grantor shall be responsible for the costs of repair of such
damage at its sole cost.
C. Relocation or Condemnation of Easement Area by Government Agency
In the event Caltrans or other government agency requires Grantor to convey to it,
reroute, abandon, or alter the Easement Area as part of a State Highway 92 project or for
any other reason, Grantor shall promptly notify District in writing. Grantor and District
shall meet and confer on an appropriate joint response to Caltrans with the objective of
preserving both parties' continued ability to use the access road and bridges under
Highway 92 and across the Highway 92 Right-of-Way to access the Grantor Property and
the District Property. Grantor and District agree to meet and confer in good faith during
all times in order to preserve such rights. In the event of a threat of condemnation by
CalTrans or other government agency, or filing of a lawsuit seeking to obtain all or a
portion of the Easement Area by eminent domain, Grantor and District agree that District
-4 -
Exhibit"B" to Purchase Agreement } j
shall assert the rebuttable presumptions and defenses to condemnation as set out in Public
Resources Code Section 5542.5 and Code of Civil Procedure Sections 1240.680 through
1240.700.
7. INSURANCE. District shall maintain in full force and effect a
comprehensive general liability insurance policy applicable to the District Property, the
Easement and the District's activities under this Agreement in the amount required by
law consisting of general commercial liability insurance in an amount of at least Two
Million Dollars ($2,000,000.00) aggregate combined single limit for bodily injury and
property damage liability; and One Million Dollars ($1,000,000.00) combined single
limit per person. The District may satisfy the obligations set out in this Section by
participation in a government self-insurance risk pool authorized under state law,
including but not limited to, the California Joint Powers Insurance Authority ("CJPIA").
8. NOTICES. Any notice, demand, request, or other communication that any
party desires or is required to give to another party shall be in writing and either served
personally, sent by first class mail, postage prepaid, or sent via any nationally recognized
overnight courier with shipping charges prepaid, addressed if to Grantor at the current
address then on file with the County of San Mateo Tax Assessor as shown on the most
current County Tax Assessment Roll for the Grantor property. If to District, such notice
shall be addressed to the Real Property Department Manager, Midpeninsula Regional
Open Space District, 330 Distel Circle, Los Altos, CA 94022 unless otherwise notified by
District. Notice, if mailed or sent via courier, shall be deemed given upon three (3) days
after deposit in the United States mail, or one (1) day after deposit with an overnight
courier.
9. ATTORNEYS' FEES. In the event of any action by Grantor or District
under or pursuant to this Agreement, the prevailing party shall be entitled to recover from
the nonprevailing party its costs and expenses of enforcing its rights hereunder, including
reasonable attorneys' fees as determined by the Court.
10. APPLICABLE LAW. This Agreement shall be construed in accordance
with the laws of the State of California.
11. PARTIAL INVALIDITY. If any provision of this Agreement is held by a
court of competent jurisdiction to be invalid or unenforceable, the remainder of the
Agreement shall continue in full force and effect and shall in no way be impaired or
invalidated, and the parties agree to substitute for the invalid or unenforceable provision a
valid and enforceable provision that most closely approximates the intent and legal effect
of the invalid or unenforceable provision.
12. ENTIRE AGREEMENT. All exhibits referred to herein are attached
hereto and incorporated herein by this reference. This instrument contains the entire
agreement of the parties with respect to the subject matter hereof and cannot be amended
or modified except by a written agreement, executed by each of the parties hereto.
13. FURTHER ASSURANCES. Each of the parties agrees to execute and
- 5 -
Exhibit "B" to Purchase Agreement
deliver any and all additional documents and other assurances, and to do any and all acts
and things reasonably necessary in connection with the performance of their obligations
hereunder in order to carry out the intent of the parties hereto.
14. As-Is Condition. District accepts the Easement Area AS-IS in its present
condition. Grantor makes no representation or warranty whatsoever as to the suitability
of the bridges and roads or any other condition of the Easement Area.
15. Indemnity. District covenants and agrees that Grantor shall not at any
time or to any extent whatsoever be liable, responsible or in any way accountable for any
loss, injury, death or damage to persons or property which at any time may be suffered or
sustained by District, their employees, agents, contractors, tenants, representatives or by
any person whosoever may at any time be using the access Easement Area and District
shall forever indemnify, defend, hold and save Grantor free and harmless of, from and
against any and all claims, liability, loss or damage. This indemnity and covenant shall
not apply to any loss, claim or liability solely due to the acts or omission of Grantor, or its
employees, agents, contractors, lessees, representatives, licensees, or consultants.
IN WITNESS WHEREOF, as of the date first
above written Grantor hereby grants this'
Easement, and District hereby accepts the
Easement on the terms and conditions set forth
herein.
DISTRICT: SELLER:
MIDPENINSULA REGIONAL OPEN Daniel Sare and Natalie Sare, Trustees of
SPACE DISTRICT the Daniel & Natalie Sare Living Trust
dated November 24, 2008
Daniel Sare
Date Date
Natalie Sare
Date
- 6 -
Exhibit "B"to Purchase Agreement
[ALI, SIGNATURES MUST BE ACKNOWLEDGM]
STATE OF CALIFORNIA
ss
COUNTY OF
On before me,
personally appeared
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY tinder the laws of the State of California
that the foregoing is true and correct.
WITNESS my hand and official seal.
Notary Public in and for said State
(SEAL)
STATE OF CALIFORNIA
ss
COUNTY OF
On before me,
personally appeared
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing is true and correct.
WITNESS my hand and official seal.
Notary Public in and for said State
(SEAL)
- 7 -
Exhibit "B"to Purchase Agreement
c
EXHIBIT "A"
Description of Grantor Property
PARCEL ONE:
The Westerly 1/2 of the Northwest 1/4 and the Southeasterly 1/4 of the Northwest 1/4
and the Northeast 1/4 of the Southwest 1/4 of Section 14, Township 5 South, Range 5
West, Mount Diablo Base and Meridian.
PARCEL TWO:
The Southerly 1/2 of the Southwest 1/4 and the Northwest 1/4 of the Southwest 1/4 of
Section 14, Township 5 South, Range 5 West Mount Diablo Base and Meridian.
EXCEPTING THEREFROM the following:
(a) The lands conveyed to the State of California by that certain Deed recorded on
August 6, 1936 in Book 705 of Official Records, at Page 96, Records of San Mateo
County, California.
(b) The lands conveyed to Coastside County Water District, by that certain Deed
recorded on October 13, 1955 in Book 2893 of Official Records, at Page 216 (File No.
93856-M), Records of San Mateo County, California.
(c) The lands conveyed to the State of California by that certain Deed recorded on July
20 1960 in Book 3828 of Official Records at Page 599 File No. 73495-5 Records of
San Mateo County, California.
(d) The lands conveyed to the State of California by that certain Deed recorded on July
20, 1960 in Book 3828 of Official Records, at Page 607 (File No. 73497-S), Records of
San Mateo County, California.
(e) The lands conveyed to Charles F. Masarik, Jr. and Roy Reutlinger, by that certain
Deed recorded on September 11, 1963 in Book 4544 of Official Records, at Page 631
(File No. 37375-W), Records of San Mateo County, California
- 8 -
Exhibit "B"to Purchase Agreement
EXHIBIT"B"
Description of District Property
PARCEL FOUR:
The Northwest 1/4 of Section 23, Township 5 South, Range 5 West, Mount Diablo Base
and Meridian.
- 9 -
Exhibit "C"
A NON-EXCLUSIVE EASEMENT for ingress and egress over a strip of land 40 feet wide
within the southwest '/4 of the southwest '/4 of Section 14, Township 5 South, Range 5
West, Mount Diablo Base and Meridian being a portion of the lands described as Parcel
Two in the Grant Deed from Daryl Evangelho and Darlene Evangelho, Trustees for the
Daryl Evangelho and Darlene Evangelho Revocable Living Trust to Daniel Sare and
Natalie Sare, as Trustees of the Daniel and Natalie Sare Living Trust dated November 24,
2008, a California Trust, said Grant Deed having been filed in the Office of the County
Recorder of San Mateo County on October 28, 2009 in Document No. 2009-141926, the
centerline of said 40 foot wide strip of land being more particularly described as follow:
Beginning at a point in the southeasterly boundary line of Pillarcitos Creek Road, said point
being distant thereon South 880 42' 48"West 266.4 feet from a 6"x6" concrete monument
(broken at the top) lying 75.00 feet left of Engineers Station 170+00.00 as said stationing is
shown on that map entitled "RIGHT-OF-WAY RECORD MAP SCALE 1"=100' R-532A.4"
of State Route 92 in District IV of the California Division of Highways now known as the
California Department of Transportation; thence from said Point of Beginning and leaving
said southeasterly boundary line of Pillarcitos Creek Road North 85' 49' 47" East for 68.29
feet; thence South 720 04' 24" East for 12 feet more or less to the center of a bridge
spanning Pillarcitos Creek; thence from said center of bridge South 620 38' 46" East for
15.02 feet to the centerline of an 8' farm road; thence along said centerline of road South
370 51' 32" East for 19.00 feet; thence South 18' 03' 50" West for 21.31 feet; thence South
42' 39' 18" West for 31.16 feet; thence South 39' 36' 36" West for 16.96 feet; thence
South 32' 06' 45" West for 12.11 feet; thence South 16' 42' 26" East for 87.15 feet; thence
South 16" 17' 12" East for 13.49 feet; thence South 03* 04' 52" East for 15.17 feet; thence
llage 1 of )
South 15' 55' 29" West for 39 feet more or less to the center of a bridge spanning a
tributary of said Pillarcitos Creek; thence continuing across said bridge and along said
farm road centerline South 15' 55' 29" West for 38.94; thence South 52" 15' 53" West for
16.13 feet; thence South 71° 37' 12" West for 23.50 feet; thence South 75' 45, 19" West
for 41.36 feet; thence South 74 08 56 West for 50.59 feet; thence South 720 20 37,"
West for 51.79 feet; thence South 690 39' 21" West for 66.56 feet; thence South 650 11,
12" West for 58.61 feet; thence South 590 55' 03" West for 43.27 feet; thence South 58'
24' 50"West for 39.04 feet; thence South 57' 43' 20" West for 43.24 feet; h n t e ce South
56' 50' 17" West for 41.53 feet; thence South 60' 37' 56" West for 28.99 feet; thence
South 54' 49' 42" West for 61.62 feet; thence South 50' 44' 32" West for 12.54 feet;
thence South 400 50' 52" West for 47.96 feet; thence South 37' 37' 08" West for 30.06
feet; thence South 320 42' 07" West for 20.49 feet; thence South 27' 34' 30" West for
13.67 feet; thence South 150 54' 48" West for 55.90 feet; thence South 140 34' 10" West
for 29.58 feet; thence South 11° 50' 49"West for 37.14 feet; thence South 09' 24' 37"
West for 57.41 feet; thence South 040 09' 33" East for 35.98 feet; thence South 170 28' 40"
East for 25.82 feet; thence South 270 07' 43" East for 25 feet more or less to a point in the
northerly line of the northwest '/4 of Section 23, Township 5 South , Range 5 West, Mount
Diablo Base and Meridian, said last mentioned point being distant thereon East 52 feet
more or less from an 8"x8" wood post marking the common corners of Sections 14, 15, 22
and 23 in said Township and Range and shown in Book 30 of Licensed Land Surveyor's
maps at Page 19 as filed in the Office of the County Recorder of San Mateo, California.
EXCEPTING THEREFROM so much as may lie within that portion of the lands conveyed
to the State of California by that certain Deed recorded on August 6, 1936 in Book 705 of
Official Records at Page 96, Records of San Mateo County, California.
11age 2 of")
The sidelines throughout the above described easement shall be shortened or lengthened
so as to form a continuous 40 foot wide strip from the said southeasterly boundary line of
Pillarcitos Creek Road to the said northerly line of the northwest '/4 of said Section 23.
The Basis of Bearings for the above described easement was taken from said lands
conveyed to the State of California by that certain Deed recorded on August 6, 1936 in
Book 705 of Official Records at Page 96, Records of San Mateo County, California.
Sare40'easeDescO2-07-10Rev4.doc/letters
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Page 3 01"3
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Map to Exhibit "C"
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Or CRL
,1 PSG CSEE R.532P LINE BEARING HORIZ DIST
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3
54 . 2' L1 N85°49'47"E 68.29'
„m r� Q ' II II111 C E
S 84 48 00" y1( L2 s72°oa'2a"E 11.so'
-'\ L3 S62°38'46"E 15.02'
r CENTERLINE OF L4 S37°5l'32"E 19.00'
EN�ERGREEK i = 8 FOOT WIDE LS S18°03'50"W 21.31'
P, PO`P CiTO 53j 38 J% FARM ROAD L7 S39°36'36"W 16.96'
ol� N3 L8 S32°06'45"W 12.11'
6
a90Q5,QQ �6�'S5''�4���BRIDGE L110 S16°1Tl2"E 13.49'
15 9Q0�Oc 5 ��8�� Ll l S3°04'52"E 15.17'
�J E 'go �q � L12 S15°55'29W 77.94'
P \1ri-, � REVISED 2/07/10 L13 S52°15'S3"W 16.13'
CENTERLINE OF L14 S71°37'12"W 23.50'
OR, eV` �2T 8 FOOT WIDE 40 WADE EASEXE9VTT A7 L15 S75°45'19"W 41.36'
105 QQ L�j, FARM ROAD REFLECTING THE CENTERLINE OF A 40 FOOT L16 S74°08'56"W 50.59'
15�E aog9 !V WIDE ACCESS EASEMENT OVER THE LANDS L17 S72°20'37"W 51.79'
OF SARE ET.AL.COMMONLY KNOWN AS L18 S69°39'21"W 66.56'
5 6� ASSESSOR'S PARCEL NUMBERS 056-380- L19 S65°11'12"W 58.61'
rya 060 AND 056-382-010,SAN MA TEO CO. L20 S59°55'03"W 43.27'
RECORDS,STATE OF CALIFORNIA L21 S58°24'50"W 39.04'
-FOR- L22 S57°43'20"W 43.24'
Yy
1 .5S. R.5 .
A1IDPENINSL'LA REGIONAL L23 S56°50'17"W 41.53'
OPENSPACE DISTRICT L24 S60°37'56"W 28.99'
/ 4TTN:A1R.ALIKE WILLIAMS L25 S54'49'42"W 61.62'
JII APN 056-382-010 330 DISTEL CIRCLE L26 S50°44'32"W 12.54'
FOUND �/� LOSALTOS.CA 94022 L27 S40°50'52"W 47.96'
8x8 POST (650)691-1200 L28 S37°37'08"W 30.06'
SECTION j./ HALF MOON BAY CALIF. L29 S32042'07"W 20.49'
CORNER ell WEST 52'+/- -- L30 S27°34'30"W 13.67'
PER �)-I -TIE TO 0 150' SCALE:AS SHOWN JAN.2010 L31 S15°54'48"W 55.90'
30 LLS 19 +� SECTION ® rR�P.O.BOX4107,911�E.NLO rPA�,CA 94026
JCl(SX[EPKA,LIC•LA"S'UR-`NE�TOR L32 S14°34'1WIN 29.58'
d� L36 CORNER L33 S11°50'49"W 37.14'
15 14 L37 (ALq)(P.O.BOX 620182,'W000SRDrE,CA 94062 L34 S9°24'37"W 57.41'
(650)851-1236 (FAX)322-IS36 L35 S4°09'33"E 35.98'
22 2$ RSLLS@SBCGLO8AL.NET L36 S17°28'40"E 25.82'
APN 056-430-010 L37 s27°07'43"E 25.66'
Traverse PC
` �ti
Exhibit"C"to Purchase Agreement
AGRICULTURAL LEASE—CHRISTMAS TREES
THIS LEASE is made and entered into this day of 2010 by and
between Midpeninsula Regional Open Space District, a California special district,
("District"), and Dan Sare ("Lessee").
RECITALS
A. District is the owner of that certain real property consisting of approximately 1.74
acres of land located within County of San Mateo, State of California, more particularly
shown on Exhibit A attached hereto and incorporated herein by this reference (the
"Premises").
B. Lessee desires to lease the Premises from District and District desires to lease said
Premises to Lessee for the purposes of planting, cultivating, growing and selling
Christmas trees pursuant to the terms and conditions hereof:
I. Premises. District owns the real property within the County of San
Mateo, State of California, as shown on Exhibit A which includes approximately 1.74
acres consisting of approximately 1.28 acres identified as Area I which includes a storage
barn and approximately 0.46 acres identified as Area 2, both areas being part of an
existing Christmas tree farm operation. Both areas are depicted on Exhibit A. And are
hereinafter referred to as the "Premises". The Premises is used in conjunction with the
Christmas Tree Farm on the adjacent property owned by Lessee identified as Assessor's
Parcel Numbers 056-380-060 and 056-382-010 and commonly known as "Santa's Tree
Farm and Village". Lessee's use of the Premises is subject to the District's Access
Easement entered into between District and Lessee on and recorded in the
Recorder's Office of San Mateo County, California on Lessee acknowledges
that the District will access the Premises periodically as permitted under Paragraph 10
(Right of Entry), during the term of the lease.
2. Term.
(a) Initial Term. The term of this Lease shall be for twelve (12) years.
The lease shall commence upon execution of this Lease by both parties (the
"Commencement Date") and shall expire twelve (12) years thereafter (the "Expiration
Date"), or unless extended pursuant to Paragraph 2(c) below, or unless earlier terminated
or surrendered as set forth in this Lease.
(b) Area 2 Termination Provision. Upon District's delivery of two (2)
years' prior written notice to Lessee, the Lease shall, upon the expiration of the two (2)
years notice period, terminate for Area 2 so that District may begin restoration of the
Creek in Area 2.
(c) Right to Request Extension of Term. District hereby agrees that
Lessee may request an extension of the term of" this Lease for a term extension not to
Agricultural Lease—Ci....jtmas Tree Page 2
exceed twelve (12) years upon expiration of the initial twelve-year term of this Lease.
The maximum term of this Lease, including the initial twelve (12) years of this Lease,
shall not exceed twenty-four (24) years. The lease extension shall be requested by
Lessee, if at all, by Lessee's delivery of written notice of such request to District at least
three (3) months prior to expiration of the initial Lease term . Said extension period shall
be subject to all of the provisions contained in this Lease. Granting of such term
extension is within the sole discretion of the District. Refusal of a request to extend the
Lease term by District shall not entitle Lessee to any compensation under this Lease or
otherwise, except that Lessee may remove the trees it has cultivated and planted on the
Premises in accordance with Section 14 herein. If Lessee is in default hereunder on the
date of delivery of any notice required to be given in order to request an extension, said
notice shall be totally ineffective, or if Lessee is in default on the date the extended term
referred to in any such notice is to commence, such extended term shall not commence
and this Lease shall expire at the end of the term during which such notice is given. After
any extension of this Lease, all references in this Lease to the term shall be considered to
mean the term as extended, and all references to expiration or termination of the term of
this Lease shall be considered to mean the expiration or termination of the term as
extended.
3. Termination of Lease. Lessee may vacate the Premises and terminate this
Lease at any time provided Lessee gives District 90 days' prior written notice.
4 Rent. Lessee and District agree that, as consideration for this Lease,
Lessee shall undertake the duties and responsibilities to maintain and repair the Premises,
provide ongoing site presence, and provide the valuable services to the District as set out
in Section 7 of this Agreement.
5. Production Costs. Lessee agrees to pay all costs in connection with soil
preparation, planting, cultivating, soil management, irrigating, harvesting, hauling and all
other costs of every nature and kind in connection with the production of Christmas trees
grown upon the Premises during the term hereof. District shall have no responsibility or
liability whatsoever for the production of trees on the Premises during the term of this
Lease or thereafter.
6. Use. Lessee agrees to use the Premises solely for planting, cultivating
growing, harvesting, marketing and selling of Christmas trees on a "cut-your-own" basis
so that Lessee and Lessee's customers may enter the property to cut trees, or on a
wholesale basis, and for no other purpose whatsoever. The storage barn shall be used
solely for the storage of agricultural equipment and materials used in conjunction with
the Lessee's Christmas tree farm operation. Lessee agrees to farm the Premises with the
best agricultural practices employed in San Mateo County, California.
(a) Lessee shall, at its sole expense comply and abide by all federal, state, county,
municipal and other governmental statutes, ordinances, laws and regulations pertaining to
the Premises ( collectively "Regulations"), the improvements thereon and any activity or
condition on or in the Premises. Such Regulations shall be deemed to include the
Agricultural Lease—Ci....tmas Tree Page 3
"Regulations for Use of Midpeninsula Regional Open Space District Land" and any
amendments thereto, a copy of which is attached hereto as Exhibit B and incorporated
herein by this reference.
(b) Lessee shall plant only the following varieties of Christmas trees: (1) White
Fir and (2) Noble Fir. Other varieties may be planted only with the prior written
permission of District.
(c) All seeds and seedlings planted for trees shall be free and clean from invasive
seed when planted.
(d) Lessee shall not permit the accumulation of waste, slash, trimmings or
refuse matter on the Premises and shall take appropriate action to maintain the Premises
in a neat and clean condition at all times. Lessee shall comply with all sanitary laws,
ordinances, rules and orders of appropriate governmental authorities affecting the
cleanliness and occupation of the Premises.
(e) Lessee shall take reasonable steps to control poisonous, dangerous or
noxious weeds on the cultivated portion of the Premises. Lessee agrees that it will not
use, or cause or permit to be used, any hazardous materials, herbicide, pesticide or
hazardous chemical in any form in or about the Premises for any purpose, other than
Round Up, without first securing District's written approval thereof except if required in
writing by a government agency.
7. Lessee Duties and Responsibilities. As consideration for rental of the
Premises, Lessee agrees to perform the responsibilities as set forth in this Section 7 and
Section 9 below:
(a) Lessee is responsible for routine maintenance and repair of the access
road as defined in the Grant of Access Easement between District and Daniel and Natalie
Sare, Trustees of the Daniel & Natalie Sare Living Trust, dated November 24, 2008. In
addition, Lessee is responsible for routine repair and maintenance of the Premises
including the barn located on the Premises and the existing access road located on the
Premises as shown in Exhibit A hereto. The access road on the Premises shall be
maintained to its current dirt and gravel condition, passable year-round by a four-wheel
drive vehicle. Such routine maintenance shall include but not be limited to the clearing
and removal of small slides and debris, the regular clearing of fallen trees, and the regular
cleaning and clearing of culverts and ditches on the Premises and Access Easement.
Lessee shall promptly notify District's Skyline Field Office of any significant repairs or
maintenance required to the Premises or to the Access Easement.
(b) Lessee and its employees, agents, and representatives shall be helpful
and courteous in all contacts with visitors, neighbors, agents, officials, tenants, lessees,
licensees, and employees of the District.
(c) Lessee shall promptly notify District's Skyline Field Office by
telephone at (650) 949-1848 or the District's 24 Emergency Dispatch telephone number
at (650) 903-6395, whichever may be appropriate at that time to report any fires,
Agricultural Lease—C,--Amas Tree Page 4
trespassing, hunting, illegal activities, or violation of District Regulations on the Premises VJCXJ
or adjoining District owned open space lands if Lessee has knowledge of such events. In
the event of an emergency, promptly notify Sheriff's Department of San Mateo County at
(650) 363-4911.
8. Insurance. Lessee agrees to carry throughout the term of this Lease
worker's compensation insurance in the amount required by law, general commercial
liability insurance in an amount not less than $1,000,000.00 and all risk insurance for the
actual replacement cost of all personal property on the Premises. All such liability
insurance shall name District as an additional insured. Evidence of such insurance shall
be furnished to District upon execution of the Lease and at least 30 days prior to the
expiration of any Policy term.
9. No Waste Permitted. Lessee shall not commit or allow to be committed
any waste on the Premises nor shall it maintain, commit or permit the maintenance or
commission of any nuisance on the Premises. No garbage, rubbish, scrap metal or similar
items shall be buried or otherwise disposed of on the Premises.
10. Right of Entry. It is understood and agreed that District and District's
agents, employees, invitees, officials, consultants, and contractors may, at all reasonable
times, enter the Premises for the purpose of examining it, or for any lawful purpose. Such
purpose may include limited tours of the Premises by District representatives. District
entry of the Premises shall not unreasonably interfere with Lessee's use of the Premises.
District shall at no time invite the general public on to or provide for general public
access to the Premises.
11. 5igRs. No permanent sign shall be placed upon the Premises by Lessee
unless and until approved in writing by the District. The use by Lessee of temporary
signs shall be in compliance with any reasonable guidelines promulgated by District.
12. Possessory Interest Tax. A possessory interest subject to property taxation
may be created by this Lease. It is understood and agreed that if such a possessory
interest is created, Lessee shall be responsible for the payment of all property taxes levied
on such interest, and that District shall have no responsibility therefore. This section is in
compliance with Paragraph 107.6 of the Revenue and Taxation Code, State of California
13. No Assignment. Lessee shall not assign or sublet this Lease, or any part
thereof, without the prior written consent of District which may be denied at the District's
sole discretion. The exercise of inheritance rights for conveyance to or between Lessee
and Lessee's wife or son, Natalie and Michael Sare, shall not be deemed an assignment
under this provision and the Lease and all rights and obligations there under shall
continue under such circumstances. In the event such inheritance rights are conveyed, the
District shall be promptly notified in writing of such occurrence.
14. Surrender. Upon expiration of this Lease, Lessee agrees to quietly and
peaceably surrender possession of the Premises to District and remove all of its
Agricultural Lease — C►...stmas Tree Page 5
equipment from the Premises, and to leave the Premises in the same condition as they
were on the Commencement Date. Lessee may remove such Christmas trees from the
Premises as were planted and cultivated by the Lessee. Lessee shall remove all personal
possessions and equipment from the barn and the Premises and remove any waste, slash,
trimmings, or other refuse from the Premises.
15. Indemnity. Lessee covenants and agrees that District shall not at any time or
to any extent whatsoever be liable, responsible or in any way accountable for any loss,
injury, death or damage to persons or property which at any time may be suffered or
sustained by Lessee or by any person whosoever may at any time be using or occupying
or visiting the Premises or be in, on or about the same, and Lessee shall forever
indemnify, defend, hold and save District free and harmless of, from and against any and
all claims, liability, loss or damage arising from any occurrence or condition created or
existing during the lease term, except those arising by reason of the sole acts or omissions
of District, its officers, agents, employees, contractors, representatives, lessees, licenses,
or consultants.
16. Default. In the event Lessee fails to perform any of the covenants, duties
and responsibilities contained herein and such default shall continue for a period of more
than 30 days after notice thereof in writing given by District to Lessee, District, in
addition to any other remedy available at law or in equity, may, at its option and without
further notice, terminate this Lease and re-enter and possess all of the Premises and
remove all persons there from. In such event, all growing crops or other interest of
Lessee in the said lands or in this Lease shall be and belong to District as and for
compensation for the use of said land by Lessee, and Lessee shall have no claim either at
law or in equity against District for the said land or crops.
17. Notices. All notices, statements, demands, requests, approvals, or consents
(collectively "notices") given hereunder by either party to the other shall be made in
writing and shall be served personally or by first class mail, certified or return receipt
requested, postage prepaid, and addressed to the parties as follows:
District: Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022-1404
Attn: Michael C. Williams, Real Property Manager
(650) 691-1200—tel
(650) 691-0485 —fax
Lessee: Dan Sare
78 Pilarcitos Road
Half Moon Bay, CA 94019
(650) 726-2246—tel
Agricultural Lease— C�_,stmas Tree Page 6
Or to such other address as either party may have furnished to the other as a place for the
service of notice. Any notice so served by mail shall be deemed to have been delivered
three (3) days after the date posted.
18. Waiver. The waiver by District of any one breach by Lessee of any of the
conditions or covenants herein contained shall not constitute a waiver of any subsequent
breach whether of the same or different nature..
19 Successors. This agreement shall be binding upon and shall inure to the
benefit of the heirs, successors, administrators and assigns of the parties hereto.
20. Time. Time is of the essence of all terms and conditions of this Lease.
21. Hazardous Materials. In the event District permits under Section 6(e) of
this Lease Lessee's use of any chemical classified as hazardous material by any federal,
state, or local law on the Premises, Lessee at all times and in all respects shall comply
with all federal, state and local I aws, ordinances and regulations relating to environmental
protection or the use, manufacture, storage, disposal or transportation of any oil or other
petroleum product, flammable explosives, asbestos or other hazardous, toxic,
contaminated or polluting materials, substances or wastes ("Hazardous Materials").
Lessee agrees, at its sole expense, to remove from the Premises any and all Hazardous
Materials which Lessee, its agents, representatives, consultants, contractors or employees
deposit on the Premises. Lessee agrees to indemnify, defend and protect District and to
hold District harmless, from all claims for damages arising out of the use by Lessee, its
agents, representatives, consultants, contractors or employees on, near, or under the
Premises of any and all Hazardous Materials.
22. As-Is Condition. Lessee accepts the Premises AS-IS in its present
condition and District makes no representation or warranty whatsoever as to the
suitability of the soil, the water or any other condition of the Premises for Lessee's use
and purposes.
23. Prevention of Interference with Lessee's Operations. District shall not
knowingly permit any use of District's property adjacent to or in the vicinity of the
Premises that will damage or unreasonably interfere with Lessee's use of the Premises.
IN WITNESS WHEREOF, the parties have executed this Lease intending
to be legally bound.
Agricultural Lease—C,._.,tmas Tree Page 7
DISTRICT: LESSEE:
Midpeninsula Regional Open Space District
By:
Stephen E. Abhors Dan Sare
General Manager
Date: Date:
Approved as to form:
Susan Schectman
General Counsel
Date
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Easement
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Exhibit A
Midpeninsula Regional i
Area 1: 1.28 Acres Open Space District
January 2010
Area 2: 0.46 Acres
�—�Feac
0 110 220 440
Exhibit "B"
REGULATIONS FOR USE OF
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT LANDS
Adopted by Ordinance No, 93-/,July 28, 1993
Revised and Adopted by Ordinance No. 96-1, February 28, 1996
Revised and Adopted by Ordinance No. 03-01, June 6, 2003
Revised and Adopted by Ordinance No. 03-02, August 13, 2003
Revised and Adopted by Ordinance No. 04-01, August 25 2004
CHAPTER I.
DEFINITIONS
SECTION 100. TITLE. The following regulations shall be known as"Regulations for Use of
MIDPENINSULA REGIONAL,OPEN SPACE DISTRICT' Lands" and may be referred
to as "land use regulations."
SECTION 101. PURPOSE. These regulations are adopted to provide responsible stewardship
for District Lands, to establish orderly use, and to maintain a natural and quiet
environment for persons on the lands. They are established according to the
Basic Policy of the Board of Directors of MIDPENINSULA REGIONAL,OPEN
SPACE DISTRICT, adopted March 27, 1974, and as amended March 10, 1999,
that"The District follows management policies that ensure proper care of the
land, that provide public access appropriate to the nature of the land, and
that are consistent with ecological values and public safety."
SECTION 102. DEFINITIONS. Unless the context otherwise requires, the following
definitions shall govern the construction and interpretation of these
regulations.
SECTION 103. DISTRICT. DISTRICT LANDS DEFINED. "District" means MIDPENINSULA
REGIONAL OPEN SPACE Dis,rRici'. The term "District Lands" includes all
lands, structures, improvements, and waters owned, controlled, leased,
licensed or managed by MIDPENINSULA REGIONAt,OPEN SPACE DISTRICT.
SECTION 104. PERSON DEFINED. "Person" means any individual, firm, corporation,
club, municipality, district, or public agency, and all associations or
combinations of persons whenever acting for themselves or by any agent,
servant, or employee.
SECTION 105 JUVENILE DEFINED. Ajuvenile is defined as any person under the age of
18 years.
Page I
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SECTION 106 SADDLE OR PACK ANIMAL DEFINED. A^ saddle or pack animal is
defined as any horse, pony, nnu|e, donkoy, other member o[the equine tmrni|y`
alpaca or llama whether used for riding or packing orneither. |t does not
include any other animal that may bc used for saddle nr packing purposes. �
�
SECTION |07 DESIGNATED TRAIL DEFINED. A "Designated Tc4iL" isutrail
maintained by the District which is shown oo the District's official preserve
maps or is identified asodesignated trail in the District's Use and �
Management Plan for the preserve. The area of the trail is defined as the �
graded trail surface. |t does not include the uphill embankment, downhill
�nnbankon�ut orunyancnoc�or6dor4J\au�u�tn �h� bai| murhacc. �
, -, �
SECTION 108 DESIGNATED AREA DEFINED. /\ -Designated Arcu," is any area nrtrail
on District lands specifically designated for specific use or activity or where
a specific use or activity is prohibited or restricted by o District rule, �
�
regulation, [)n|iuonuc, sign, notice or permit.
SECTlOM |O9 WATER AREAS QF THE DISTRICT DEFINED. "Water Areas oftile
District," are defined as all water areas on District Lands, including, but not �
limited to, natural and artificial swimming pools, reservoirs, ponds, lakes,
creeks, streams, bays,tidal areas, flood control channels, and other structures
designed or able \o hold water.
SECTION \ \U. PERMIT OR PERMISSION DEFINED. Unless otherwise expressly provided
herein, ^^permnit" or~'pornn|ssion" means permission, granted in writing by the
� General Manager ur his/her designee or an authorized representative of
M|DPEN|li8ULA REGIONAL OPEN SPACE DISTRICT.
� SECTION | ||. CLIMBING DEFINED. Climbing iu defined om suspending oneself byhands
and nr feet oc with u rope or other support, such that one could not standup
unsupported on his/her feet or progress up or down without the use of their
� hands or other support nithout 'uonpingo, falling.
� SECTION 112 DISTRICT EMPLOYEE DEFINED. A "District bmmp|oyec,`, is any full or
� part time paid employee ofMidpnoinmu|u Regional Open Space District. This
definition does not include volunteers.
SECTION 113. BOARD DEFINED. ^°Boun]° means the Board of[)icrctocoo[
M|DP2N|N0UCA REGIONAL OPEN SPACE DISTRICT.
�
SECTION 114. HEADINGS AND DIVISIONS. Headings and divisions are for convenience
only, and ahu|| not beconsidered in the interpretation o[this Ordinance, and
� shall not in any way affect the conduct or activities covered hv other sections
of this Ordinance.
�
Page �
� l \
SECTION \ |5. PUBLIC VIEW DEFINED. "Public View" is defined as a location which can
be seen from u road, trail, staging area, parking lot, campground or picnic area,
� or other District structure or facility. �
�
�
�
CHAPTER D.
REGULATIONS
�
8ECl]()N 200. GENERAL REGULATIONS. District Lands shall be open and accessible to |
all persons, except aa otherwise provided by resolution, regulation, wr rule nf
the Board, by administrative action of the ()cuena) Manager or his/her designee �
� under this Ordinance, or by individual Site Use and Management P|noy �
� �
� adopted bv the Board. �
� 200.1 The Board may, bv resolution, regulation, or rule, provide for u system o[
permits and the issuance thereof. It may by such system require permits for
� the use o[certain |unda' exempt certain lands or classifications o[permits there
from, and establish uuyuicnm of fees and other policies in connection with the �
administration ofa permit systemn �
� �
� 200.2 Any person rniuduQ upon District l-undu shall abide by the cu|ro and
� regulations of the District,the regulations or provisions of any sign or posted �
notice, the terms and conditions of any permit, the lawful order orother
instruction nfuny District ranger urpeace officer appointed by the Board, the
laws ofthe State of California, any Federal law, and all applicable county and
� other local ordinances.
�
200.3 The provisions of this Ordinance ohu|( not apply to employees and oOioiu|u of
the District acting within the scope of their authorized duties. However,
District employees and ufficiu| yhuU abide by the laws ofthe State of
California, any Federal \uvv and all applicable county, city and other |oou| �
ordinances. �
200.4 All District lessees, contractors, consultants, agents and representatives shall
abide by all provisions o[this Ordinance unless the pnmviaion(a) conflicts with |
o written contract oc agreement with the District. When a conflict occurs, the �
conditions of the written contract or agreement shall take precedence.
However, |cmoecu, contractors, and consultants shall abide by the |ovvs of the �
State of California, any Federal law, and all applicable county, city and other
local ordinances. �
�
5EC'[l{)N 201. SPECIAL REGULATIONS. Special regulations or ,squincnoeuto do not
preclude the application ofgeneral rngu|odmne unless expressly indicated.
Page
�
CHAPTER DL
GENERAL RULES
�
SECTION 300. AUTHORITY. All sections of this Ordinance are adopted pursuant to
Sections 554\. 5558, and 5559of the Public Resources Code of the State of �
California, and apply b> all District Lands. A title, where used, does not |iroit �
the language ofusection. �
SECTION 30|. VIOLATIONS OF ORDINANCE, A MISDEMEANOR OR INFRACTION.
Unless otherwise stated, any violation of this Ordinance or of any rule or
� regulation adoptedby the District is punishable
When any violation o[this Ordinance orof any rule o,regulation adopted by
the District is punishable as misdemeanor,the prosecutor may file
complaint or make a motion to amend an accusatory pleading specifying that
the offense is an infraction.
� When any violation of this Ordinance ornf any rule or regulation adopted by
� the [Jixtdc1 im punishable uoon infraction, the prosecutor may file aconop\uiot
or nnukc u motion to unmcod an uocuouin?y pleading specifying that the offense �
� imamisdemeanor. �
� SECTION 302 lfmn�cbu[�cr section, subsection, paragraph,
� . . `
� subparagraph, sentence, or clause of this Ordinance is, for any reason, held to
� be invalid orunoonmtiUdinnaLmuchinvaUdityocunoonstitudonu|ityuhoUnot
affect the validity o,constitutionality ofthe mcnmaining portions ofthis
� Ordinance. The Board of Directors declares that this Ordinance, and each �
chapter, section, subsection, paragraph, sentence, and clause thereof, would
� have been adopted regardless nf such possible finding o[invalidity o,
� unconstitutionality and, to that end, the provisions of this Ordinance are
hereby declared tobcseverable.
� SECTION 303. AMENDMENT OR REPEAL. When asection, rule, orregulation is
� amended or repealed, uotu and commissions occurring before the amendment �
or repeal may be prosecuted as though such section, rule, or regulation had not
been amended orrepealed.
�
SECTION 304 CITATIONS FOR MISDEMEANORS. lf any person im arrested for a
� violation of an ordinance, and such person is not immediately taken before u
� magistrate, the arresting officer shall prepare in duplicate u written notice to
oyyeur in court, containing the name and address of such person, the offense
charged, and the time and place where and when such person shall appear in
court.
Page
\M
a) The time specified in the notice to appear must be at least five days after
such arrest.
b) The place specified in the notice to appear shall be the court of the
magistrate before whom the person would be taken if the requirement of
taking an arrested person before a magistrate were complied with, or shall
be an officer authorized by such court to receive a deposit of bail.
c) The officer shall deliver one copy of the notice to appear to the arrested
person, and the arrested person in order to secure release must give his/her
written promise so to appear in court by signing the duplicate notice
which shall be retained by the officer. Thereupon the arresting officer
shall forthwith release the person arrested from custody.
d) The officer shall, as soon as practicable thereafter, file the duplicate notice
with the magistrate specified therein. Thereupon the magistrate shall fix
the amount of bail which in his/her judgment, in accordance with the
provisions of Section 1275 of the Penal Code, will be reasonable and
sufficient for the appearance of the defendant and shall indorse upon the
notice a statement signed by him in the form set forth in Section 815a of
the Penal Code. Tile defendant may, prior to the date upon which he/she
promised to appear in court, deposit with the magistrate the amount of
bail thus set. Thereafter, at the time when the case is called for
arraignment before the magistrate, if the defendant shall not appear, either
in person or by counsel, the magistrate may declare the bail forfeited, and
may in his/her discretion order that no further proceedings shall be had in
such case. Upon the making of such order that no further proceedings be
had, all sums deposited as bail shall forthwith be paid into the county
treasury for distribution pursuant to Section 1463 of the Penal Code.
e) No warrant shall issue on such charge for the arrest of a person who has
given such written promise to appear in court, unless and until he/she has
violated such promise or has failed to deposit bail, to appear for
arraignment, trial or judgment, or to comply with the terms and provisions
of the judgment, as required by law.
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SECll()N3O5 WILLFULLY VIOLATING WRITTEN PROMISE TO APPEAR. Any
~
person who willfully violates his/her o« her written promise io appear oru
� |uv/§u||» granted continuance of his/her promise toappear in court is guilty of
� a misdemeanor, regardless of the disposition of the charge upon which he/she
| was originally arrested.
! �
SECTION 306 ARREST WARRANT FOLLOWING FAILURE TO APPEAR. When u
| person signs a written promise to appear at the time and place specified in the
| vvriUro promise to appear and has not posted bail as provided in Section
� 5j60.5of the Public Resources Code, the magistrate shall issue and have
| delivered for execution u warrant for his/her arrest within 20duys after |
|
his/her failure to appear as promised, or if such person promises to appear
before an officer authorized to u000pt bail other than u rneQim1nmte and fails to �
do so on or before the date which lie/she promised to appear, then, within 20 �
days after the delivery of such written promise to appear by the officer to a
� magistrate having jurisdiction over the offense. When such person violates
his/her promise to appear before an officer authorized to receive bail other |
than u magistrate, the officer shall immediately deliver to the magistrate !
' having jurisdiction over the offense charged the written promise to appear and �
the complaint, i[any, filed by the arresting officer. �
|
CHAPTER IV.
PRESERVE USES - GENERAL
{) �
SECTION 400.
400.1 General. No person shall erect or use u tent o,shelter of any kind, arrange
� bedding, or prepare food io such u way that will enable o person toremain �
after official closing hours on District Lands, except bywritten pc,nnii in �
Designated /\rcun.
� 400.2 Juvenile. Nojuvoni|c shall camp oo any District Lands, except when: |
!
� a) ucconoponicdb� apuron\or�uardian', or
' �
h) part ofu group supervised 6ya{ least one adult responsible for each tell or
[ev/erjuvcni|ey; mr
o) dbe 'uvcui|ciaan emancipated minor. |
8GCTl(]N 401.
401.1 General. No person shall svvirn, wodm, or engage in any water-contact activity
iu any Water Areas of the District except in Designated Areas. �
Page |
� 401.2 "\Vuio�con�uutuctiv�v, iudcDn�� usanyuotiv' in �
� --------
body ofa person cornes into physical contact with water areas by swimming,
�
washing, wading, aqua-planing, nuJJ|� boarding, skin diving, water,--- , �
similar activity. |i does not include boating, fishing, or when using �
� Designated Trail.
� ='--�
�
�
SECTION 4O2.
402.1 General. T4w person shall place, nr attempt tn place, u boat, kayak, rubber raft,
nr other vessel of any description in the Water Areas of the District, except as
� expressly allowed hy permit or rule or regulation of the District.
� SECTION 403. .
� 40].) General.
/ u) No person shall carry, possess, use, set, leave nrdeposit, fire ordischarge,
or cause 0obc fired or discharged, across, in, on, o, into any portion o[
District Lands any gun or firearm, spear, missile, bow and arrow, cross
� bow, sling shot, trap, snare nr hunting device, ammunition, throwing knife,
hatchet, axe, nvvon], machete, numdio| arts throwing device, any device
� capable mF firing or launching a projectile, ormnyo|hcrv/eapnnordovico �
not otherwise specified, capable of injuring mrki||inguoypeoonoranimo|.
Violation of this sub-section is ymoixbub\e as a misdemeanor.
6) No person shall carry, possess, set, leave or deposit, fire or discharge, or
� cause to be fired or discharged, across, in, on, or into any portion of
District Lands any paint ball gun, 0E| gun` air gun or similar device.
� 4032 Exceptions. This section shall not apply to:
u) tile possession of otherwise lawful unloaded firearms ordangerous
weapons nn public roads solely for the purpose u[transporting Such
firearms or dangerous weapons through District Lands for lawful purposes;
b) the possession of otherwise lawful firearms or other dangerous weapons at |
u place of residence mr business located on District Lands bym person in
� lawful pouamuaivn of the residence orbusiness;
o) the
' �
permit for resource management nr educational purposes. �
Page
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SECTION 404 �
� ��.
.
404] General. No person shall light, build, maintain, or attempt to light, build, o,
maintain, afire of any nature onDistrict Lands, except in permanent fixed
barbecues, camp stoves nr fireplaces established and authorized b« the
District. /\ fire mhu|| include, but not be limited to any campfire, ground fire,
warming fire, signal fire, charcoal fire, stove, gas lantern, punk, candle,
smudge stick, flare, [uxc, or any other incendiary device This not �
� � �
� to the permitted use o[gas camp stoves orgas |an1onna when used in
� Designated Area specified for camping.
404.2 Smoking. Nm person shall smoke on District Lands, except inDesignated
� /\noay.
�
�
� SECTION 4O5.
� 4U5.\ y�opermonmhaUdeoomhp/um�rvvu�c� ucvvo�corcf�ucn� |
� ' |
from vehicles, trailers, sinks, portable toilets, ur other fixtures upon or into the �
ground o,water. Violation of this mob-mcodon in punishable as a
�
� ododemcuooc
4052 Use of Facilities. No person shall deposit any waste ioocon any portion oy |
� any mcot000mn or other structure except into fixtures provided for that purpose.
� Violation of this sub-section im punishable 8oamisdemeanor.
�
405.3 Protection of Facilities. No person shall place any bottle, can, cloth, rug, |
� moto|, wood, paper, stone, or other substances in any fixture in such a manner /
�
um would interfere with the normal operation o[such fixture. Violation ofthis
� sub-section im punishable ou aruimdcmoanor.
� 4O54 Y�op�monmbuUdcf�cut inPub|ic9i�vvorvvdbiotn�u�/-Uv� |
� � ========. - �
(25) feet ofa Designated Trail. Violation nf this sub-section im punishable um
ucuimdcnoeanor.
�
405.5 Urination. No person shall urinate iu Public View.
� SECTION 40h. METAL DETECTORS.
� 406.1 General. No person shall use a metal detector mc similar device on District
� Lands, except as provided in subsection 702.5. �
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� �
JJ)
SECTi{}N4O7. DISTURBING THE PEACE.
407.1 Obstructing Free Passage. No person shall by force, threat, intimidation, orhv
any unlawful signing, fencing orenclosing, or any other unlawful nncunx,
prevent or obstruct any person from peacefully entering any District Lands, or
prevent or obstruct free passage or transit over nrthrough any District Lands. �
Violation ofthis sub-section iu punishable as uruiadcnoc000r.
407.2 Interference With Use of District Lands. No person shall engage in behavior
that unreasonably interferes with others in the uocnmu[ free and xn[c use of
� District Lands. Violation of this sub-section is punishable as a misdemeanor.
�
�
407.3 Noise. No person shall play or operate any sound amplification devices, �
� including radios, television ucis` public address systems, musical instruments,
�
or similar devices in such u way aatmheaudible beyond |00 feet o[such
� device or ruusiuu| instrument, or in such a manner uu0n disturb the quiet of |
[>imbiot [unda' without prior written permission. �
� 407.4 Lawful Order. It is uu|avvtu| to willfully 8ui} or refuse to comply with
any lawful order, signal, or direction of any District peace officer when that
| peace officer is performing his/her duties under any of the provisions of this
� Ordinance, nr other statute, code, Federal, State or local |uvv` ordinance or
| regulation which the District peace officer is authorized ioenforce. Violation
� uf this sub-section im punishable amumisdemeanor.
! '
SECTION 40& ORGANIZED GROUP SPECIAL EVENTS AND ACTIVITIES.
�
� 4O0.| Organized Group Special Events and Activities Defined.
An Organized Group Special Event orActivity is any event or activity which:
yA iy advertised ornoticed in any publication, poster, electronic posting cv
flyer; and
b} requests or requires a fee be paid for participation; o,
o) may bc attended by twenty (2O) nr more people.
400.2 Permits. No person shall hold, conduct, organize, or take part in any Special
Event oc Activity usdefined in section 4O8.|. nn District Lands without
written permission. Violation of this sub-section im punishable uman
infraction.
Page �
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a) Where such unperrilitted Special Event or Activity causes direct physical �
' harm to District Lands, orwhich is attended bv forty (4C) or more people, ,
or which is conducted after official hours, then violation of this sub-section �
is punishable usumisdemeanor. �
| �
| 400.3 Individual Participation. No person shall participate in any Activity orSpecial
Event onDistrict Lands without written permission when the Activity or
Special Event requires u written permit pursuant to this Ordinance. |
408.4 Failure to comply with a permit. No pc,mmn issued o permit under this section
oba|| violate the terms orconditions of the permit.
/
408.5 The District may deny u request for a permit when the General Manager or �
his/her designee finds that the requested Special Event or Activity or similar
event will disrupt b|y interfere withtk 1 use, operation,
enjoyment or management of the site or facility, or have an adverse impact on
the ecological or historical characteristics of any District Lands.
SECTION 4O9. MISCELLANEOUS ACTIVITIES.
409.1 Fireworks. No person shall possess, deposit, / sell, discharge, t off,
cause to be discharged, on or into any portion of District Lands any
firecrackers, missiles, rockets, fireworks, explosives, or explosive devices.
409.2 Harmful Substances. No person mhoJ| possess, place, | substance
on District Lands harmful to any person, property, wildlife, or vegetation.
Violation of this sub-section is punishable as a misdemeanor.
409.3 Golf. y . shall drive, chip, i . other manner play . golf,
or hit� _
olf balls on, over, or into District Lands.
4094 �� mh: | model airplanes, boats, automobiles,
� . . -
or other model craft of any kind or description on, over, or into any portion of
District Lands or Water Areas of the District, except in Designated Areas, or
� by written permit.
�
� 409.5 Human Flight. No person shall hang-glide, hutc parasail or engage in
any ....~` flight on, over, or into District Lands, except -' written permit in
Designated Areas. Violation of this sub-section is punishable as a
misdemeanor.
409.6 Skating, Scooters, Skate Boards and Other Coasting, Sledding or Sliding
self-
propelledDevices. No person shall roller skate, in-line skate, grass skate, grass ski,
i device on District ornmo�oo��oouarcoouu� ors//n similar
Page 10
�
� ��
flj�
including off road versions of all the listed devices, except onUz 0�i\mor v'
locations specifically designated for such use.
409.7 Reckless or Negligent Activity. No person shall engage in any recreational �
pursuit or activity, ur operate any device that recklessly ornegligently
endangers the safety o[any: person, property, wildlife, nu1uny) features or �
| which interferes with visitor activities. Violation of this sub-section is �
punishable auumisdemeanor.
SBC]`l0N4(0. ALCOHOLIC BEVERAGES.
410.1 General. No person shall possess or consume alcoholic beverages except beer
and wine, and only oy part o[u picnic meal.
410.2 Designated Area. No person shall possess or consume alcoholic beverages in
ail area that has been declared by the General Manager or his/her designee or
on authorized ,cprcmentutivctobeun area where alcohol use is prohibited. �
|
8GCT|()N 411. SIGNS.
4) 1] Defacement. No person oha|i remove, deface, change, mark, nrotherwise |
alter any sign duly erected orpoatedonDistzic\ Londs. Violation of this sub-
section io punishableumamisdemeanor.
411.2 Unauthorized Signs. y4m person shall post or fasten any notice, including but
not limited to, any bill, advertisement, directional or informational sign, or
� inscription whatsoever onany trcc, tencc, bui|diu&, nnoourncnLoign. bu||edn
� �
board, utility pole, lighting fixture, or other property on District Lands, !
� without written permission.
� SECTION 4|2 NUDITY. No person shall expose any part of tile pubic nr anal region or |
�
genitalia while on District Lands in Public View. /
�
� CU/\PTERV. �
� PRESERVE USES - RIDING/HIKING TRAILS
� |
|
/
SECTION 500. RIDING /HIKING TRAILS.
500.1 Trail Use Speed Limit. All users o[District Lands shall comply with all �
!
established trail use speed |innku. The nluxinounn speed for all trail uses im 15
� miles per hour, unless otherwise posted. Bicyclists and equestrians are
� required to slow \o 5 rni|cu per hour when passing others or approaching blind
� turns. |
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500.2 No person shall operate u bicycle or unicycle or similar
device, or ride o, lead usudd|c horse, puny, nnu|e` or other such animal oil
� one-way trail in adinccbon or travel designated or signed to prohibit such use.
�
500.3 Gates. Any person opening u gate shall close the gate.
5004 Dangerous Trail Use. No person shall run or jog in such u way ostoendanger i
hikers, equestrians, bicyclists or others using District Lands.
SECTION 501. SADDLE ANIMALS.
501.1 Closed Areas. No person shall ride, drive, or lead u Saddle o, Pack Animal on
! any trail, roadway or established firebreak designated or signed to restrict |
horse use. Saddle o,pack animals must stay on Designated Trails roadways �
which are Designated Areas for such use, and established firebreaks.
501.2 Unsafe Use. No person shall ride, drive, o, |cod any saddle ocpack enirnu| in .
a reckless or negligent manner so as to endanger public property, or the life, �
� limb, or property of any person or animal, including the rider. No person shall �
� u||ovv his/her saddle Vr pack animal to stand unattended or insecurely tied.
� \/io)oboo of this uuh-scoboo is punishable as u misdemeanor. (
�
� 501.3 Carts and Wagons. No person mboU possess or operate a oad' wagon, or �
� similar device attached to any animal on District Lands without a written
� permit. }
. �
SECTION 502. BICYCLES.
�
502.1 Closed Areas. No person mhuU puamcmm or operate u bicycle, unicycle or �
similar device on District Lands an any Uni| or roadway designated or signed �
to restrict bicycle use. Bicycles, unicycles or similar devices must stay un
designated trails and roadways. i
/
5022 Unsafe Operation. No person shall operate u bicycle o, unicycle orsimilar
device in a reckless or negligent manner mo as to endanger public property, or
the life, |inob` or property o[any person or animal including the rider.
Violation of this sub-section in punishable as u noiVdcmcuomr. |
�
502] Helmet Violations.
� u\ No person eighteen years or older shall operate u bicycle or unicycle or �
similar device upon District Lands unless that person is wearing uproperly !
fitted and fastened bicycle hc|rncL Such bicycle helmets must meet the
Page |2 |
__
|
standards of the United States Consumer Product Safety Commission '
Standard for bicycle helmets, /\nnuriconNational Standards Institute (ANSI
Z 904 bicycle helmet standand), �hc Snell h�snooria| Foundation's Standard
�
' |
for Protective Headgear for Use in Bicycling, or the &mnuduan Society for
Testing Materials (/\STM F-1447 standard).
h) Except in designated parking areas, no person shall possess u bicycle or �
unicycle or similar device on District Lands without also possessing u
� bicycle helmet. Such bicycle helmets Must noeei the standards u[the
United States Consumer Product Safety Commission Standard for bicycle
� hc|nucta, American National Standards lnabiuio (AP48l Z 904 bicycle �
helmet utaudard). the Snell Memorial Foundation's Standard for Protective
� Headgear for Use in Bicycling, or the American Society for Testing
Ma1eriu|x (/\8TM F-1447 standard).
� 502.4 . No person xhu|| ride u bicycle oc unicycle or similar device
onu section o[trail designated or signed aau walk-only zone. Any person
may dismount and walk u bicycle through u vvm|k-mn|y zone.
502.5 Mechanical Operation. No person shall operate abicyc\c, unicycle orsimilar
device on District Lands that does not have properly functioning brakes, drive
� train, seat and steering.
�
502.6 Headsets and Earplugs. /\ person operating a bicycle, unicycle orsimilar
device on District lands may not wear a headset covering, or earplugs in,
both ears. This prohibition does not apply to any person using aprosthetic
� device that aids the hard of hearing or any other medical device required to |
bc worn for medical purposes.
SECTION 503 CLIMBING
503.1 Climb In Designated Areas Only. No person shall climb orroppo| onally
rocks, boulders, caves, cliffs, any other geologic formations, or trees on
District Lands except in Designated Area.
503.2 Placing Anchors Prohibited. No person shall place any permanent anchors or
bolts in rock, soil, trees or other natural nrrnmnnoudc features on District Lands
ivadesignated climbing area unless specific written authorization has been
granted by the [)iokiut in advance. Violation of this sub-section is yooiabahlc
uaumisdemeanor.
503.3 Possession of Tools. No person shall possess tools used for installing anchors,
bolts or clearing vegetation from geologic formations, including but not
|i,ni1cd to wire brushes, scrapers, drills, or rock hammers on District Lands.
except in o designated parking area, or with written permission. �
|
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/\
kr/ /
� �/ /
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SECTION 504 TRESPASS ON DISTRICT LANDS: Trespass oo District Lands iounlawful
under Section 6O2o[the Penal Code. /\s defined in the Penal Code trespass
| includes, but is not limited to, destruction of property and unauthorized entry
on to District Lands or private property.
| CHAPTER V|.
� PRESERVE USES - COMMERCIAL/REVENUE
SECTION 600. COMMERCIAL SOLICITING.
� 600.1 General. No person ahu|| mn|idC, ucU' hawk, or attempt tn solicit, sell, or hawk, |
or otherwise peddle any goods, wares, merchandise, liquids, edibles for human
consumption, or distribute commercial circulars, pamphlets, o,flyers on
District Lands except by written permission. Violation of this sub-section is �
| punishable amxmisdemeanor.
�
SECTION 601. GRAZING.
601] General. Nm person shall allow cattle, sheep, goats, oraoyuuinna| tograze, /
browse, or feed onDistrict Lands except with written permission. Violation of
this sub-section iu purtishableouamisdemeanor.
SECTION 602. HARVESTING AND PLANTING.
602.1 General. No person mbu|| plant, cultivate, harvest, or attempt to p|uoi,
cultivate, or harvest any plant or agricultural crop on District Lands except |
�
with vvdUun permission. Violation ofthis moh-ncchou is poodnbab{c as u
zuiudco/eaour. �
802.2 Possession of Tools. No person shall possess equipment, tools orsupplies for
the cultivation orremoval of plant life including, but not limited toshovels, |
rakes, hoes, garden hoses, irrigation equipment, fertilizer, herbicides,
insecticides, or wheelbarrows onDistrict Lands except ino designated parking
area, or with written permission.
PuRc 14
� SECTION h03. COMMERCIAL FILMING.
803.1 General. No person shall conduct u filming operation involving the use o[Film �
� equipment, lighting, props, or other similar materials, except for u oiV8|c still,
� motion picture, vk1co' digital o,other uan�cna, for commercial purposes on
� .
District Lands except pursuant� a permit authorizing such activity. This
section mhuU not apply to the commercial operation n[can\eraa as part o[the �
� bona fide reporting ofnews. Violation nf this sub-section is punishable asu
misdemeanor.
CHApTD&\/D.
� PRESERVE FEATURES - PROTECTION �
|
SECTION 7OO. HUNTING, FISHING, COLLECTING AND FEEDING.
� .
700.1 Hunting. No person shall hunt, pursue, molest, dia�nb^ injure, trap, snare,
take, net, poison, introduce, release or harrn or attempt to hunt, pursue, molest, |
� disturb, injure, trap, take, net, poison, introduce, release orhoonany noumnmna| |
� or bird, living or dead, or remove, destroy, oriu any manner disturb the natural
� habitat of any such animal, except bv written permit. Violation of this sub-
section ispuniubab}cux umduderoeaoor.
7002 Fishing. No person shall take, fish for, net, molest, disturb, injure, poison,
collect, introduce, release orharm any oc attempt to take, Oub for, net, nom|cst,
disturb, injure, poison, collect introduce, release or harm any fish, or remove,
destroy, or in any manner disturb the natural habitat of any such animal, except
by written permit in any District Water Area except in areas declared by tile i
District to be permitted fishing areas, vvhcrc state |o*vs regulate the taking o[
gunocfixh. �
700.3 Carry or Possess Fishing Equipment. No person shall carry, leave
or deposit any fishing equipment or similar devices in, on, or into any portion |
of District Lands or District managed body m[water.
700.4 Collecting Reptiles, AmphibiansMollusks. y4o person shall take, fimb
for, net, noo|out, diuiurh, injure, poison, collect, introduce, release o, harm
or attempt to take, fish for, net, cuolemt, disturb, injure, poison, collect, |
introduce, release or harm any zrpdicm, amphibians, or mollusks living o,
� dead, or remove, dco1,oy, or in any nuaoocz disturb the natural habitat of any
such aoinzul' except by written permit.
� |
700.5 Collecting Insects. No person shall take, net, ocdicct, introduce, cc|cauc` �
� poison or attempt totake, net, poison, collect, introduce, or release any �
|
Pyuc |5 �
�
�
�
�] 7
insects of �vbu� wcdcad' orrco�ov�, , oriuunyo�umocr ' \
^ ~ '
disturb the natural habitat of any such anima}` except by written permit.
700.6 Feeding. No person shall feed any animal on District Lands or deposit any
food, salt oredible rno1eriu| on any District Lands for that purpose without
written permission. |
8ECT[()N7O|. ANIMALS. |
701] Duox !
�
o) No person shall have more than three dogs per person within areas where
dogs are allowed ou District Lands. |
b) y4o person shall allow nr have u dog on District Lands except inthose
areas designated bv the District. This subsection shall not apply to:
|) guide and service dogs under physical control, specifically trained &o
assist the blind, drm[ or disabled, and wearing oo identifying vest or
tag;
2) guide and service dogs in training to assist the blind, deaf, or disabled,
and under physical control, and participating ina training program,
and wearing uo identifying vest ortag.
3) use authorized 6vwritten pc,noit.
c) Leash Required. No person abu|\ allow or have u dog oo District Lands,
unless the dog iaat all times under control, and ona leash not to exceed 6
feet, or on a ue|f-reinuudug |eoab with o maximum extended length nf25 �
feet. The leash must be held by person responsible for the dog and must bo
made ofmaterial and construction sufficient 10 restrain the dog. Electronic �
or other"invisible leashes"do not meet the leash requirement. The self-
retracting leash must have the capability of being retracted and locked in a
position not to exceed 6 feet. Within a designated area, no person shall
have or allow a dog on a lead greater than 6 feet when:
I) Within 100 feet of any parking area, trailhead, picnic area,
campground, horse stable, public roadway, restroom, visitor center,
� ranger station, or other place or structure of public
2) Within 50 feet o[any person that iy not the person mr persons who
� entered District lands with the dog; or
�
� ]) Within 50 feet n[any District Water Area.
Page 16
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d) Dogs shall bc permitted off leash only inareas
� specifically designated and signed h'� the District oy off-leash areas. No
�
person shall allow or have a dog inon off-leash area unless the dog is at all
times Linder the verbal or radio collar control, and in sight of, its owner or
person responsible for the dog. The owner or person responsible for the
dog shall have leash in his/her possession at all times.
c) Nuisance Dogs. Y4o person shall allow oc have on District Lands udog that
is threatening or nuisance to people, other animals, or property. This
includes, but is not limited to: &rovv|ing, barking, attacking, biting,
� scratching, on bohn� mficoih, or �
� / �
� challenging in any manner, people, animals, orproperty.
A Dogs in Water Areas. No person responsible for o dog shall allow said dog
k)enter any District Water Area unless it is specifically designated to allow |
such entry. �
701.2 Disturbance or Injury to Wildlife. No person shall allow u dog, cat, or
domesticated animal, even todis1urb, ohumc, rno|�N, i injure, |
` ' |
any kind ofvvi|dUbc whether or dcm�u`� or
, , ` , |
manner disturb the natural habitat of any animal *nDistrict Lands. Vbdo1iou �
of this oub-acodoo is punishable as u udodemcoonr.
� 701.3 Horses and Livestock. No person shall keep, raise or allow cattle, horses,
sheep, or other livestock on District Lands, unless pursuant to a lease, license, !
| written permit, nr other entitlement of use granted hy the District. Violation of
' this sub-section is puuiabnh}c as aomimderueuoor.
701.4 Other Pets. No person shall allow or have any pet, domesticated animal, or
other animal on District Lands, un|cnx specifically permitted by another 1
section of these regulations.
� 701.5 Removal of Animal Excrement. No person responsible for an animal aho||
a||ovv its excrement or feces to remain in an area if it poses a health hazard, a |
� public nuisance, mriyinun area posted requiring its removal.
� 701.0 Abandoned Animals. No person shall abandon o,release u dog, cat, fish,
fhvvi or any other living creature, wild or domestic, on District Lands Without
written permission. �
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� SECTION 702. NATURAL AND CULTURAL RESOURCES. r'�—~
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702.1 Plants. Y4n person shall damage, injure, take, place, plant, collect, or remove
any plant, fungi, bcc, or portion1herco[ whether living ordead, including, but �
| not limited to Oovvcm, lichens, nnosaom mushrooms, bushes, trees, tree limbs,
tree branches, vines, grass, cones, seeds, and deadwood located on District
L000m. �
�
702.2 Possession of Gathered Wood Prohibited. No person shall transport orpossess
atnco orunnniUcd wood on District Lands without satisfactory evidence of
|uvvfu| acquisition, such nmasales receipt orwritten authorization from the �
owner of the land from which the tree nr wood was acquired. �
702.3 Geological Features. No person shall damage, injure, tukc` co||cc1, rcnnovc, or
attempt twdamage, injure, take, collect, any earth, rocks, sand, gravel, K/xoi|u,
minerals, features u[caves, ur any object or artifact of geological nr |
paleontological, interest located on District Lands. Violation of this sub- �
uoohou is punishable as a ru)odeoleVuor.
7024 � l�op�oonmha|| duoou��, i injure, |
� �
or attempt to damage, injure, takeoo||cot` ocrcnuovcuoyohiecto[ �
archeological, or historical interest located on District [ands. Violation of this �
| sub-section im punishable umumisdemeanor.
� 702.5 Special Permission. Special vvht1cn permission may be granted to remove, �
treat, disturb, or otherwise affect plants, animals, or geological, hioimriou|,
archeological, or paleontological rnuicria|m yo|c|Y for rcuCu,cb, interpretive,
educational, or operational purposes.
SECTION 7O3. UNLAWFUL DEFACEMENT. CONSTRUCTION AND MAINTENANCE. �
� 703.1 Unlawful Defacement. No person shall cut, carve, deface, write, paint, mark, �
� nr alter any natural or biological feature, or any |euoc, v/uU, building, �
monument, or other property on District Lands. Violation of this sub-section �
�
| im punishable umumisdemeanor.
�
� 7032 Unlawful Construction. No person shall erect, construct, install, nr place or �
attempt to erect, construct, install, or place any structure, building, shed, fence, �
� trail, road, culvert, drainage structure, bridge,jump, narnp, barricade, trench,
barrier, fortification orwall, equipment, material, sign, banner, ur apparatus o[
� any type mr for any purpose constructed o[native or imported materials on, �
below, over, mr across a preserve except by written permission, specifying in �
detail the work tobe done and the conditions tnbc fulfilled pursuant tothe �
terms o[such authorization. Flagging, surveying, and marking conducted for
the purpose nf constructing or installing Such huu(urom, shall be considered an
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attempt to erect, construct, install or place such features, and is prohibited. C^I
Violation of this sub-section ie punishable uaumisdemeanor.
7033 Unlawful Maintenance. No person shall perform, nr cause any mnowing, |
trimming, cutting, grooming, spraying, grading, or moving o[any soils oil
District Lands oc perform any such grounds maintenance for any purpose
except b» written permission. Violation of this sub-section iu punishable amu
misdemeanor. i
703.4 Possession Of Construction Or Maintenance Tools And Supplies. No person
shall possess any tools used for construction or maintenance on District Lands,
including but not limited to shovels, McCleods, Pulaskis, mattocks, rakes, |
oavvs' axes, chaioauvva, wood, hurnnoucy, nails, drills, savvn. or similar �
equipment or supplies for the purpose of unlalArftil construction, maintenance �
or encroachment on District Lands except in a designated parking area, or with
written permission.. |
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C8APTEN \/DL �
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� DISTRICT LANDS OPERATIONS - GENERAL
� SECTION 000. RESERVED FOR FUTURE USE
�
� SECTION 00\.
�
0O|.| Restrictions. Nm person shall park a motor vehicle, except unauthorized |
emergency vehicle, or when in compliance with the directions of a peace officer,
ranger, or District employee, in any wfthe following places: �
o) |n areas where prohibited bv "NO P8RKNNG," or other posted signs;
� b) On �
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c) Oil or obstructing any trail;
d) |n such u place or manner um would block or obstruct any gate, entrance, �
� or exit;
c) |n Such y place or manner oabo take up more than one marked parking
� space in any authorized parking area; |
� O ln such o place or manner umio block nr obstruct the free flow o[traffic or �
to obstruct the ability to remove aoarked vehicle;
� u) Within }5 feet o[u fire hydrant;
� h] Adjacent tu any curb painted red;
� i) Oil any District Lands after Official Hours uo defined in Section 8OI3
except pursuant tou written permit; |
� '} In areas signed for pc,nmitparking on District Lands v/iihoutmwriUen �
� -�
permit;
Puoc \9
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� k) In any space designated for disabled parking in an unpaved parking k)L
except when displaying a disabled placard ua defined inCalifornia
� Vehicle Cod .
|) In any other place on District Lands not designated by the District as an
� authorized area.
SECTION 0O% OPERATION OF MOTOR VEHICLES: OFF-ROAD VEHICLES
� .
� 802.1 General. No person shall operate, propel, or leave standing a motor vehicle on
District Lands. Motor vehicle includes, but is not limited to, motorcycles, all-
terrain vehicles, off-road vehicles, noopcda. "dirt-bikes," and similar vehicles.
Violation of this sub-section is punishable umandadooeunor.
�
� 002.2 Exceptions. This sectionoh4U not apply to:
u} emergency vehicles operated within the scope of official use;
b) roads, trails, or paths, which may from time to time be set aside and posted
� hy the District for the use o[specifically designated vehicles;
c) roads and parking areas open tothe public for motor vehicle use during
� regular open hours.
�
� SBCTl[NQ03. SPEED LIMITS.
803.1 General. No person shall drive oroperate avohir|e, motor vehicle, or bicycle
on District Lando a1aspeed greater than the posted speed limit, or as
otherwise specified in any District Ordinance, rule nc regulation. No person
� shall drive or operate o vehicle or motor vehicle, ride uhorse, ur ride ubicycle
� o1m speed greater than reasonable given weather, visibility, traffic, presence of'
� other users, surface and width o[the trail or road, or which may damage
natural or cultural resources or wildlife.
8032 Reckless Driving. No person shall drive o,operate any vehicle, motor vehicle,
bicycle upon District Lando in willful or wanton disregard for the safety of
persons, property, natural resources orwildlife. Such conduct shall constitute
reckless driving. Violation of this sub-section is punishable as a
� misdemeanor.
SECTION 804. ABANDONED VEHICLES.804.1 72 Hours. No person shall permit avehicle to be parked mleft standing oil
District Lands for 72 consecutive hours o,more except incamping areas
pursuant bmu valid permit.
804.2 Removal. Any vehicle parked or left standing in violation o[this Section may
be ncnoovod as provided in the Vehicle Code ofthe State ofCalifornia.
� 9ugc2O �
� 004.3 Abandonment. Whenever u District ranger has reasonable grounds to hc|icvo
that u vehicle has been abandoned on District Lands, the vehicle may bc `
�
removed um authorized bv Vehicle Code Secdon220h9. �
SE[Y|()N 005. PROHIBITED AREAS AND CLOSURES. �
805.1 Authority for Closures. To cnuun: the mu&tv and health of persons, to protect
natural resources, to provide for proper planning of District Lands,to avoid
interference with development, construction, and management, or to provide /
for security, safeguarding, and preservation of District Lands, the Board of
Directors, General Manager or his/her designee or an authorized representative
may dco|urc on area, trail, cnnd` or facility closed, prohibited, or limited to �
� further entry by the general public.
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805.2 Types of Closures
� a) D�1hcicrup|o�cceno�yn�uke
�
� tennporaryor regular closures ofoportion of District Lands to the
general public for public safety, or to dou| with an immediate orongoing
� management need. The declaration may include such reasonable classes �
� of persons who may enter, in the conduct of authorized activities o, !
oOloio| duties, aa the General Manager or his/her designee orun
� authorized representative may pnosoribc No person shall, without
�
� �
� written permission issued by the District, enter or remain in an area of
District Lands o, facility designated on0 Temporary or Regular Closure
area. |
6) Sensitive or Hazardous Area Closures. No pecauu ohu|i without a
written permit issued by the District, enter orremain in an area of �
District Lands or facility designated mua Sensitive or Hazardous Area, �
and dco|mrud closed, prohibited, or |irniicd by the (}cocru| Manager or
his/her designee o,an authorized agent. Sensitive areas may include
those with cultural, historical orbiological significance. Such |
designation may include, but is not limited to, specified u,cuu of land,
<nui|a, geologic or cultural features, facilities or structures. Violation of �
this sub-section ia punishable uaarnisdenusanor.
�
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� Pauc2i
8053 After Official Flours Use Prohibited. Y4o person shall enter o,remain on
District Lands after"Official Bours," which are defined om the period of one-
half houcuftcrVFDoim\ Sunset to one-half hour before official Sunrise the
�
following day without a written permit. The times for Sunrise and Sunset shall �
be determined by the U.S. Naval Observatory's official postings for Los Altos,
California.
805.4 Bicycle Operation After Hours. No person shall possess or operate mbicyu|o, �
!
unicycle, cv similar device oo District lands after Official [fours.
805.5 Posting of Closures. /\n area shall bc considered closed when notice is posted �
utboi|headm and gates officially designated and maintained by the District.
805.6 Failure to Vacate a Closed Area. Any person who fails to |covu aC|Vued Area,
when notified of the closure by a District staff member, or agent of tile District,
shall be guilty ofamisdemeanor.
805.7 Off Trail Use. No person shall enter orremain in an area off ofadesignated
trail, when they are ooDistrict Lands inun area or preserve that has been
� dcui9na1od or signed to prohibit off trail use. Violation of this sub-section is
� punishable auamisdemeanor.
SECTl[)N0O6. USE FEES.
806.1 Nonpayment of Fees. No person shall use District Lands or facilities without
payment of any prescribed fee orcharge. Any fee or charge established bythe
Board for use of District Lands or facilities shall be paid in advance of such
use, unless later payment has been authorized hy the General Manager or
� his/her designee uron authorized representative.
�
SECTION 007. SCATTERING OF CREMATED REMAINS
� 007.1 Regulations for the Scattering of Cremated Remains. Nm person shall scatter
any sconutcd human oc animal ronaine (cronnaium) without first having
obtained u written permit from the District, and shall abide by the permit
conditions but the� ` ` �
u) The scattering ofuremuinyisprohibited: within |,O0O feet o[any
� residence or dwelling, within 500 feet of any creek, ot,cunn, or other body
of water, or within 50 feet ofany o/ud or trail.
� b) Cnznnainm must be scattered, must not hc left in u pile, and must not be
readily visible io the public.
cl No containers for the crconainm, identification tags, vases, Omvver pots, or
� other associated non-organic materials, or non-native plants, may be left at
�
the site.
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d) No roccnodu|, plaque, or other site marker may be left olthe site.
c) Any person scattering cremains on District lands shall possess and present
u valid District permit when ucattcdugurcmmoinu.
H The scattering ofcrCnnoins for commercial purposes is prohibited.
SECT7ON8U8 AIRCRAFT & HELICOPTER OPERATIONS.
808.1 Except in the case of emergency or for search and rescue, or fire fighting nr
law enforcement operations no person shall land any aircraft including any
airplane, helicopter, hot air balloon or any contrivance used or designed for �
�
flight in the air, excluding unpowered hurnan flight as further authorized Linder
these regulations, on District Lands except hy written permit.
| SECTION 009 LITTERING. Littering or dumping on District Lands im prohibited bvSection
� 374o[the Penal Code.
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CHAPTER D(.
GENERAL RULES
SECTION 300 . &|| sections Ordinance adopted pursuant� �
Sections 554)^ 5550, and 5559ofthe Public Resources Code of the State o[ �
California, and District /\ tidc vvh�rrumcd doo� ont |iooi�
` � , , �
the language ofusection.
SECTION 3O|. INFRACTION.
regulationUnless otherwise stated, any violation of this Ordinance or of any rule or
- adopted by the Districtpunishable
When any violation of this Ordinance or of any rule or regulation adopted by
� the District is punishable asa misdemeanor, the prosecutor may file u |
� complaint or make a motion to amend an accusatory pleading specifying that �
� the oOeueu is an infraction.
�
When any violation of this Ordinance or of any rule or regulation adopted by �
the []id,iot im punishable unon infraction, the prosecutor may fi\r uconup|aint �
� nr make u motion to amend on accusatory pleading specifying that tile offense
iuumisdemeanor.
�
�E<�Tl{}Y� ]0� If section, aubacc1ion paragraph,
�
� . � ` ` , `
� subparagraph, sentence, or clause of this (}njinuucc is, for any reason, held to
be invalid or unconstitutional, such invalidity or unconstitutionality shall not
� affect the validity orconstitutionality of the remaining portions o[this �
�
Ordinance. The Board of Directors declares that this Ordinance, and each
chapter, section, subsection, paragraph, sentence, and clause thereof, would
have been adopted regardless of such possible finding of invalidity or
unconstitutionality and,to that end, the provisions of this Ordinance are
hereby declared tobcseverable. !
�
SECTION 3O3. AMENDMENTOR REPEAL. When o section, rule, o, regulation /a
� amended or repealed, acts and commissions occurring before the amendment �
or repeal may be prosecuted as though such section, rule, or regulation had not �
been amended orrepealed.
SECTION 304 CITATIONS FOR MISDEMEANORS. If any person imarrested fora /
violation ofuu ordinance, and such person is not immediately taken before a
magistrate, the arresting officer nbu\| prepare in duplicate a written notice to
� appear in court, containing the name and address of such peroou, ibo oDeuuc |
charged, and the time and place where and when such person shall appear in
court.
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a) The time specified in the notice to appear Must } e at least five days after
such arrest. �
b) The place specified in the notice to appear shall bethe court of the
magistrate before whom the person would be taken ifthe requirement of
taking an arrested person before u magistrate were complied with, orshall �
| bcanofficer authorized hy such court to receive u deposit ofbail.
c) The officer shall deliver one copy uf the notice to appear to the arrested
person, and the arrested person in order to secure release must give his/her
written promise ooto appear in court bysigning the duplicate notice �
which shall bu retained by the officer. Thereupon the arresting officer
shall forthwith oc|eume the person arrested from custody.
d) The officer shall, am soon oa practicable thereafter, file the duplicate notice
with the magistrate specified therein. Thereupon the magistrate shall Om
the amount ofbail which io his/her judgment, in accordance with the
provisions of Section |275nf the Penal Code, will bc reasonable and
sufficient for the appearance o[the defendant and shall indorse upon the
notice a statement signed by himn in the fhcnn met forth in Section 815a of
the Penal Code. The defendant may, prior to the date upon which he/she
promised to appear in court, deposit with the magistrate the amount of
bail thus set. Thereafter, at the time when the case im called for
arraignment before the magistrate, if the defendant shall not appear, either
in person wcby counsel,the magistrate may declare the hui| forfeited,and
� may in his/her discretion order that no further proceedings uhu|{ be had in
� such case. Upon the making mf such order that no further proceedings bc
�
� had, all sums deposited am bail shall forthwith hr paid into the county
treasury for distribution pursuant to Section |463o[the Penal Code.
� o) No warrant shall issue on such charge for the arrest ofu person who has �
i b i� i 1 u in unless and unb| hu/ahehom
� given written o �pp� r .
violated such promise mc has failed 1odeposit bail, to appear for
� arraignment, trial� or 'udgnuonL or to comply with the terms and provisions
-
of 'udgrn�nt. msm:quiredhy |mv/.
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SECTION 305 WILLFULLY VIOLATING WRITTEN PROMISE TO APPEAR. Any
| person who vviU[u||y violates his/her or her written promise to appear uro �
' lawfully granted continuance of his/her promise to appear in court is guilty Of
a misdemeanor, regardless of the disposition of the charge upon which he/she
was originally arrested.
8kCTl{>N3OO ARRESTWARRANT FOLLOWING FAILURE TO APPEAR. When �
person signs a written promise to appear at the tirne and place specified in the
� written promise to appear and has not posted bail us provided inSection
|
55hO.5of the Public Resources Code, the magistrate shall issue and have
delivered for execution a warrant for his/her arrest within 20 Hxvs after
his/her failure to appear uu promised, orif such person promises toappear
| before an officer authorized to accept bail other than a magistrate and fails to
do so on or before the date which he/she promised to appear, then, within 20
days after the delivery o[such written promise to appear by the officer tmu
� magistrate having ''ud � When henauchpemonvio|utcs
|
his/her promise to appear before an officer authorized to receive bail other
than a magistrate, the officer xhu|| immediately deliver to the magistrate
having jurisdiction over the offense charged the written promise to appear and |
| the complaint, if any, filed by the arresting officer. /
�
| C8/\PTER |\/. |
PRESERVE USES - QB�C���
SECTlL)�/ 40O. . |
400.1 General. Nn person shall erect o, use u tent or shelter o[any kind, arrange
bedding, or prepare food in such o way that will cnub|c u person 1m ocnuuin �
after official closing hours on District Lands, except 6v written permit in /
OcmiAnutcd Areas.
400.2 Juvenile. No juvenile shall camp on any District Lands, except when: |
u) accompanied bvm parent or guardian; ur
� h} nudo[mg,oupmuperviacdbyui |eus\ nneudu|ireopouaib|efbreuohicnor �
' ' |
� fewe,Juvcni|cm; or
� u> Uhcjuvcni|cisan emancipated minor.
SECTION 40\.
401.1 General. No person shall ovvmn, wade, orcngugeioany activity
' in any Water Areas mfthe District except in Designated Areas. '
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