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HomeMy Public PortalAbout19770810 - Agendas Packet - Board of Directors (BOD) - 77-20 'ting 77-20 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Regular Meeting Board of Directors A G E N D A August 10, 1977 7 : 30 P.11.* L 'Aidpeninsula Regional Open Space District 745 Distel Drive Los Altos , CA (7 : 30) POLL CALL EXECUTIVE SESSION - Land Negotiations (8 :00) APPROVAL OF MINUTES - july 27 , 1977 WRITTEN COMMUNICATIONS ADOPTION OF AGENDA ORAL COM1,1UNICATIONS OLD BUSINESS WITH ACTION REQUESTED (8 :15) 1. Fremont Older Open Space Preserve Ranchhouse Lease K. Duffy and D. Wendin (8 : 30) 2. Monte Bello Open Space Preserve Addition (Eldridge Property) - H. Grench (a) Report (b) Resolution of the Board of Directors of the Midpenin- sula Regional Open Space District Authorizing Acceptance of Agreement to Purchase Real Property, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Monte Bello Open Space Preserve Addition - Eldridge Property) (8 : 45) 3. Meeting with San Mateo County Parks and Recreation Commission - H. Grenc'n NEW BUSINESS WITH ACTION REQUESTED (8 ., 50) 4 . Proposed Land and Water Conservation Fund Application - H. Grench (a) Report (b) Resolution of the Board of Directors of the Midpenin- sula Regional Open Space District Approving Application for Land and Water Conservation Funds (Baylands Park Acquisition Project) (over) Meeting 77-20 Page two (9 : 00) 5. Proposed Legislative Subcommittee - 14. Hanko (a) Report (b) Resolution of the Board of Directors of the Midpenin- sula Regional Open Space District Amending Rules of Procedure to Add a Legislative Subcommittee as a Standing Subcommittee of the Board of Directors (9 :10) 6. Property Tax Relief - N. Hanko (9 :20) 7. Cancellation and Possible Rescheduling of August 24 Meeting 11. Grench (9 : 25) 8. Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving Certificate of Authority of Officers (United California Bank) -- Fi. Grench (9 : 30) INFORMATIONAL REPORTS CLAIMS (9 :40) EXECUTIVE SESSION - Personnel Matters and Land Negotiations ADJOURN14ENT *Note that public portion of meeting is expected to commence at 8 :00 P.M. WRITTEN C01UMUNICATION (Meeting 77-20) August 11 , 197T Midpeninsula Regional Open Space District 745 Distel Drive Los Altos, California 94022 Dear Members of the Board: Please oppose the leasing of the Fremont Older house. As many of you know, Observers for the League of Women Voters are not to voice opinions on matters before the Board. Therefore, I am resigning as Observer so that I might state to you several reasons why you should not accept Mr. \Levine 's proposal to restore the Fremont Older- home. You would be allowing a private citizen to take over- public land with little benefit to the public for a long period of time. Is not one of the purposes of historical preservation to enable the public to enjoy a building or site? Yet, over the next quarter century this house will only be seen once a year. The house would have to be almost totally rebuilt, and as a taxpayer I object strongly to someone building their house on public property to live in for twenty five years. How old will you be when this property is returned to the taxpayers? Should not an effort be made to preserve only buildings which are in harmony with the goals of preserving the land as open space? After all , why are you saving open space? Your Master Plan speaks of guiding urban form, recreation, preserving vegetation, etc. It states , "In this commercial mechanized society, one of the most rewarding experiences can be the escape from the noise and pressures of an urban center to the peace and quiet of unspoiled open spaces. Here where there is little development and few people, an individual may rejuvenate body and spirit. . . " It appears from this you are seeking to get army from houses, people and concrete and preserve things in the natural envoirnment. i Along these lines , the exterior of the Fremont Older house does not give me a feeling of escape from modern city life. Some buildings can increase the value of your land as open space by giving this feeling. The buildings at the Picchetti Ranch carry one back in time with a feeling of being off in some solitary spot. It is hard to believe one is on the edge of Cuptertino. Please go out of your way to preserve only those buildings which add to the value of the land as open space. A house with a people presence to it certainly will not add to the value of the surrounding land but have a definite negative impact on the open space atmosphere of the site. You are not taking possession of a deserted museum on top of the hill now. For twenty five years there will be a residence at the main access to the site with people, cars and probably barking dogs to keep intruders away. That two acres will not have the same serenity it does now. Some of you have said public access is no problem as this is only two acres of some 600. 1 feel it is a very- important two acres. It is the only public access to the Preserve. I have visited the spot several times with families having young children. We have enjoyed hiking up the trail from the parking lot and exploring the old garden walls of the ranch house and the adobe. This has made a nice outing. To hike further on down the steep hills off the haystack area is very impractical with young children. Retaining the ranch house as a private residence will ruin a wonderful recreational aspect of the site that the taxpayers have already paid for. It is unwise for the District to relinquish control over this property. There is a potential for endless problems for staff and future boards. The buy out option is certainly one to accept if the lease is pursued, but it is not an easy out. You have agreed the taxpayers should not pay for the restoring of the house now. What is the price the taxpayers would pay for the house in five years? In ten? Most likely it would take a large amount of dissatisfaction with the situation to warrent this- expenditure. As a result, if the lease agreement proves - unsatisfactory, the staff and board would be left to continue with a possibly difficult situation. The District is too young to gamble on this expenditure of money or staff time. One Board member has asked what one would do with a musuem in the middle of an open space preserve? I trust some practical considerations on the future use of the site have been thought through by Board members. For example, would someone always need to live on the premises to secure the property? Would the road be straightened for school buses? ghat would be the costs to maintain the property? If any of the arguments presented above suggest to you that leasing the property is not in the best interests of the District, then I would remind you that your first commitment is to the taxpayers of the District who expect you to manage their lands and invest their money in the best way possible. Sincerely, Geri Albers 925 Arbor Rd. Menlo Park, California 94025 WRITTEN COMIJUNICATION -(Meeting 77-V0) ti Edward D.Landels Earl Landels,Ripley&Diamond Philip F—Diantond John Now W Hyman J, I Eowdy Attomeys 925 L Sueet,Suite 970 Frederick M.Bownall JohnM.Anderson SWIRIVICIVIOXaMornis 95814 James F.Feutz 450 Pacific Avenue (916)441-3105 Thomas W.Kemp San Francisco,California 94133 Wilh=R.J`hscoc James A.Moewe Byron"Usey Fredrick M.Wooster,Jr. (415)7W5000 William A-Falik Yaroskv Sochr&y H L.Leiderman =Z�tlackft—,Jr. 1=715am U . Howard D.Ned Paul D.Gutierrez Bruce WLaidlaw .on Ejowe July 27, 1977 Stephen C.Lewis David F.Durham Herne Wagmseil Frank A.Konecrry Richard C.CaJ6n Carol sang" John E.NkNeW David C.Spidberg Robert B.McLerman Donald E.Bums Of Counsel The Honorable Board of Directors Midpeninsula Regional Park District 745 Distel Drive Los Altos, California 94022 Re: "Master Plan" Dear Directors: This firm represents two private landowners, Mobil Oil Estates (Redwood) Limited ("Mobil (Redwood) ") and Mobil Oil Estates (Bair Island Investments) Limited ("Mobil (Bair) ") whose properties are located in the extreme northeastern portion of the Midpeninsula Regional Park District. Your recently published draft "Master Plan" shows the lands of Mobil (Redwood) as open space lands having the highest composite rating. Despite your acknowledgment that Mobil Oil Estates is an important private landholder within the MRPD (Master Plan at p. 10) , our clients advise us that their only contact with your staff was in response to a general request for donations of land. In consequence, they, as we, are unaware of the facts and the evaluation process upon which your rating was based. We believe that the lands of Mobil (Redwood) serve little or no open space functions, as defined on your plan map. Our conclusion is based upon the following Landels,Ripley&Diamond The Honorable Board of Directors July 27, 1977 Page two compelling facts : 1. The Redwood City General Plan which governs land use classifies the subject lands for urban development, predominately residential and commercial. 2 . The Regional Plan of the Association of Bay Area Governments classifies the subject lands as "predominately residential. " 3. The subject lands, part of a planned community development known as "Redwood Shores" , constitutes a considerable portion of the land tax base of Redwood City General Improvement District No. 1-64, whose funding needs include debt service on $16 million of issued and outstanding general obligation bonds, maintenance and operation of District facilities, and potential debt service on authorized, but unissued, general obligation bonds in excess of $100 million. 4. Substantial expenditures by Redwood City, the General Improvement District and the landowner have been made over a 13 year period in reliance upon the planned future development of the subject lands for urban land uses consistent with the Redwood City General Plan. 5. The subject lands are virtually devoid of any of r Landels,Ripley&Diamond The Honorable Board of Directors July 27, 1977 Page three the open space functions listed by you in your "Master Plan. " Each of these five factors applies in varying degree to the lands of Mobil (Bair) , particularly that portion located to the southwest of Corkscrew Slough. Please consider this letter as a formal comment and response on behalf of our clients. We request your reconsideration of the ratings which you have assigned to their lands and, in this regard, recommend staff consultation followed by all rights of notice and opportunity to be heard. Respectfully submitted, HARRY A. JACK O , i pf WRITTEN COMMUNICATIO� (Fleeting 77-2d) r AUG $ 1971 RECEIVED iSARATOGAetyc� f INCORPORATED 1956 --C,_; 13777 FRUITVALE AVENUE, SARATOGA. CALIFORNIA 95070 (408) 867-34 38 August 5, 1977 Board of Directors Midpeninsula Regional Open Space District 745 Distel Drive Los Altos, CA 94022 Dear Board Members: The Saratoga City Council, upon the recommendation of the Parks and Recreation Commission, has taken action to support the 1977 Draft Master Plan of the Midpeninsula Regional Open Space District. The Parks and Recreation Commission has also reviewed the District's 1976 Progress Report and wishes to compliment the District Board of Directors and staff on the progress which has been made since the District was formed in 1972. The Saratoga City Council offers the District continued support in meeting your objective to acquire and protect valuable open space. If we can be of any assistance, please do not hesitate to contact us. ry tru urs, Rob t F. City Manager RFB:bs;bh a L E A S E This lease is made this , 1977 between the Midpeninsula Regional Open Space District, a public district under the laws of the State of California, as Lessor (or "District") and Suburban Newspaper Publications, Inc. , a corporation, as Lessee. WHEREAS, in the acquisition of the Fremont Older Open Space Preserve the District also acquired the Fremont Older home, which is in poor physical condition, and which has been recommended for demo- .lition by District staff, and WHEREAS,' Lessee, as a--member of 'an-organization`interested' in preserving historic structures, has argued against destruction of the Fremont Older home and offered to rehabilitate the structure and its immediately surrounding environs to a reasonably historically accurate condition, on the terms hereinafter set forth, and WHEREAS, The District may, under the provisions of Section 5540 of the Public Resources Code, lease such property owned by the District for a period of up to twenty five (25) years, and its Board of Directors considers that such a lease of the Fremont Older home and its ' immediately surrounding premise's for historic preservation purposes is in the public interest, on the terms hereinafter set forth, NOW, THEREFORE, Lessor does hereby lease to Lessee and Lessee hereby hires from Lessor those certain premises (hereinafter called "premises") outlined on Exhibit "A" , attached hereto and by this reference made a part hereof, said premises having the legal descrip- tion given in Exhibit "B" , attached hereto and by this reference made a part hereof. oft r% A F FOR REVIEW AND COMMENT Said letting and hiring is upon and subject to terms, covenants and conditions herein set forth and Lessee covenants as a material part of the consideration for this Lease to keep and perform each and all of said terms, covenants, and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. 1. PURPOSE The premises are to be used for single family residential pur poses and for no other purpose without the written consent of Lessor. 2. TERM The term of this Lease shall be for twenty-five years (25) years commencing on the 1st day of September 1977, and ending on the 31st day of August 2002. 3. RENT { Lessee agrees to pay Lessor as rental without written notice or demand, for the Premises the sum of One Dollar ($1,00) on or before the first day of the term hereof and a like sum on or be- fore each and every successive yearly anniversary thereafter during the term hereof. Said rental shall be paid to Lessor, without deduc- tion or offset, in lawful money of the United States of America at 745 Distel Drive, Los ,Altos, California, 940220 or such other place as Lessor may from time to time designate in writing, 4. RENOVATION Within eighteen (18) months following the start of the term of this Lease, Lessee at its sole cost shall complete a reasonably historically accurate renovation of the premises, provided, however, that modernization of the kitchen and bath(s) shall be permitted. Lessor and Lessee shall appoint a mutually agreed upon committee (2) benefits of Lessor' s employees assisting therein, but provided further, however, that Lessor shall not be required to supply more than eight (8) hours in total of its employee's time in assisting with all such grants. As partial compensation for such employee' s time and other benefits received by Lessee under this Lease, Lessee agrees to pay to Lessor fifteen percent (15%) of the amount of any such grant. 8. POSSESSION If Lessor, through no fault of Lessor, cannot deliver possession of the said premises to Lessee at the commencement of the term hereof, this Lease shall not be void or voidable, nor shall Lessor be liable to Lessee for any loss or damage resulting therefrom, provided, how- ever, that Lessee may .terminate this Lease if, through no fault of Lessee, Lessor does not deliver possession of the premises on or y before 9. RESTRICTIONS ON USE' Lessee shall not do or permit anything to be done in or about the premises which will in any way obstruct or interfere with the use of Lessor' s lands surrounding the premises or injure or annoy them or use or allow the premises to be used for any improper, im- moral unlawful or objectionable purpose, nor shall Lessee cause, maintain or permit any nuisance in, on or about the premises. Lessee shall not commit or suffer to be committed an waste in o upon r o the Y P premises. This clause shall not prevent Lessee from using the prem- ises for the general purposes for which they were leased. 10. COMPLIANCE WITH LAWS Lessee shall not use the premises or permit anything to be done in or about the premises which will in any way conflict with any law, 4 I to review, advise on and approve r pp ove all plans for such renovation and Lessee agrees to complete such renovation in accordance with such plans within the time period specified above. 5. RETURN OF DEPOSIT Lessee has deposited with Lessor the sum of Fifteen Thousand Dollars ($15,000) . Lessor may retain $ of this amount to cover Lessor's expenses incurred in protecting and clearing up the premises during the period preceding the execution of this lease by both parties. Lessor shall return the balance of such deposit promptly following such execution. 6. ANNUAL OPEN HQUSE At least once each calendar year following completion of the renovation described in Paragraph 4 hereof, Lessee shall permit Lessor to open the premises to the general public for a period not exceeding four consecutive hours. Lessor shall bear all costs associated with such an event. Lessor shall hold Lessee harmless from and defend Lessee against any and all claims or liability for any injury or damage to any person or property whatsoever occurring in, on or about the premises or any part thereof during such an event caused in part or in whole by the act, neglect or fault of any person participating in such an event. 7. GRANTS Lessor or Lessee, or both, may be eligible for the grant of funds to assist in the renovation described in Paragraph 4. Lessor and Lesseelagree to cooperate in applying for such grants, provided, however, that Lessee shall pay or reimburse Lessor for any costs incurred in preparing such an application except for the salaries and (3) 12. REPAIR Lessee shall at Lessee's sole cost and expense keep the premises and any part thereof in good condition and repair, it being the intent of the parties that upon the termination of this Lease Lessee shall deliver unto Lessor an historically renovated structure and surroun- di ng g improvements which have been, throughout the leasehold period, well maintained. Lessee hereby waives all rights to make repairs at the expense of Lessor as provided by any law, statute or ordinance now or hereafter in effect. Lessee shall, upon the expiration or sooner termination of the term hereof, surrender the premises to Lessor in good condition and repair. It is specifically understood and agreed that Lessor has no obligation and has made no promises to alter, remodel, improve, repair, decorate or paint the premises or any part thereof, and that no representations respecting the condition of the premises with re- }! spect to the suitability thereof for use as a residence have been made by Lessor or Lessor's agent to Lessee except as specifically herein set forth. Lessee hereby waives all rights under, and benefits of, subsec- tion 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code and under any similar law, statute or ordinance now or hereafter in effect. 13. UTILITY SERVICES Lessee shall be responsible, at Lessee's sole risk and expense, for obtaining all necessary approvals for and installing and main- taining for the period of this lease all required or desired utili- ties or similar services on or serving the premises, which utilities j or services shall include but not be limited to electric, telephone , water, gas, sewage or septic disposal, and garbage disposal services. (6) statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated, including but not limited to all building, plumbing, electrical, sanitary, health and similar codes. Lessee shall at its sole cost and expense promptly comply with all laws, statutes, ordinances and governmental rules, regulations or requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the condition, use or occupancy of the premises. The judgement of any court of competent jurisdiction or the admission of Lessee in any action against Lessee, whether Lessor be a party thereto or not, that Lessee has violated any law, statute, ordinance or governmental rule, regulation or requirements, shall be conclu- sive of that fact as between Lessor and Lessee. 11. ALTERATIONS Once the renovation described in Paragraph 4 hereof is completed, Lessee shall not make or suffer to be made any alterations, additions or improvements (which shall include but not be limited to outbuildings , fences and signs) to or of the premises or any part thereof without the written consent of Lessor first had and obtained, and any altera- tions, additions or improvements to or of said premises, except mova- ble furniture, shall at once become a part of the realty and belong to Lessor. In the event Lessor consents to the making of any altera- tions, additions or improvements to the Y P remises *b Lessee, the same shall be made by Lessee at Lessee' s sole cost and expense and any contractor or person selected by Lessee to make the same must first be approved of in writing by Lessor. (5) (15) feet wide on the premises along and inside the boundary marked "Boundary B" on Exhibit A hereto. 17. ESTABLISHMENT OF LESSEE'S ORIGINAL INVESTMENT Lessee's original investment shall be defined as the amount of money actually paid by Lessee (or a lender of Lessee) for actual cap- ital improvements to the premises in accordance with the approved renovation plan, together with any other such capital improvements made in the first three (3) years of this lease and approved by District. Such improvements made after the first three (3) years of this lease shall not be included. Upon completion of the initial job of restoration Lessee will provide Lessor, in a form acceptable to Lessor, substantiation of such expenditures. Thereafter, at least annually, Lessee shall pro- vide Lessor with an accounting showing all such approved capital ex- penditures for work completed during said first three (3) years. The total expenditures during said first three 3) years will, for purposes of this lease, be Lessee's original Investment. 18. TERMINATION BY LESSOR Notwithstanding any other provision of this lease Lessor may, at any time after three (3) years from the effective date hereof, without cause, terminate this lease by "buying out" Lessee. Upon giving Lessee ninety (90) days written notice of such termination. In the event of the exercise of such right by District, District shall pay to Lessee within ninety (90) days after the effective date of such termination a sum which represents Lessee's Original Investment less one twenty-fifth (1/25) thereof for each year or fraction the lease was in force and effect. Such payment shall constitute a complete "buy out" of all of Lessee's remaining interest in the lease, the property and any and all improvements thereon established in (8) Lessor will assist Lessee, where appropriate in the opinion of Lessor, in obtaining of such services, but Lessor makes no representations as to the adequacy or availability of any such utility or service. 14. ROAD MAINTENANCE The parties will endeavor to reach an agreement for maintenance of the access road to the premises from Prospect Road, which agree- ment may include other users of .the access road. In the absence of such agreement the road shall be maintained as between Lessor and Lessee including any other participants in accordance with the pro- visions of California Civil Code Section 845. Any such agreement shall include the right of District, at its expense or at a shared expense, to install a gate across said road, which gate may be locked provided a key or combination to the lock is provided Lessee and any other persons entitled thereto. 15. PARKING Lessee may permit parking for Lessee and Lessee' s guests for not to exceed vehicles only in the areas marked "Parking" on Exhibit A hereto. Lessor may from time to time allow parking of up to two (2) of its vehicles or vehicles of its guests at the area marked "Parking Area A" on Exhibit A for reasonable periods if such parking does not unreasonably interfere with Lessee's use of such parking area. Lessee and Lessee's _ guests may use public parking areas provided by Lessor except on occasions where Lessor determines such use by Lessee or Lessee' s guests would conflict with a paramount District or public use of such parking areas. 16. RIGHT OF PUBLIC TO PASS Notwithstanding the map and legal descriptions shown on Exhibits A and B hereto, Lessor shall have the right to allow unlimited transit during daylight hours by hikers and equestrians in a corridor fifteen (7) thereof, without the written consent of Lessor first had and obtained which consent shall not be unreasonably withheld, and a consent to one assignment, subletting, occupation or use by any other person shall not be deemed to be a consent to any subsequent assignment, subletting, occupation or use by another person. Any such assignment, subletting or occupancy without such consent shall be void, and shall, at the sole option of Lessor, terminate this Lease. This Lease shall not, nor shall any interest therein, be assignable, nor shall it be an asset in bankruptcy as to the.-.interest of Lessee by operation of law, without the written consent of Lessor. It is the intent of Lessor and Lessee that any occupant of the premises, except a short-term caretaker, shall have demonstrated an interest in the preservation of historical structures. 22. INDEMNIFICATION Except as provided in Paragraph 6 hereof, Lessor shall not be liable to Lessee, and Lessee hereby waives all claims against Lessor, for any injury or damage to any person or property in or about the premises by or from any cause whatsoever. Except as provided in Paragraph 6 hereof, Lessee shall hold Lessor harmless from and defend Lessor against any and all claims or liability for any injury or damage to any person or property whatsoever occurring in, on or about the premises or any part thereof, when such injury or damage has been caused in part or in whole by the act, neglect, fault or omission of any duty with respect to the same by Lessee, its agents, servants, employees, or invitees. 23. INSURANCE Lessee, at Lessee's expense, agrees to keep in force during the term hereof public liability insurance with limits in the amount of $250,000/500,000 for injuries to or death of persons occurring in, or (10) accordance with the formula, and 'upon the basis, set forth on Exhibit C affixed hereto and by reference made a part hereof. 19. ABANDONMENT Lessee shall not vacate or abandon the premises at any time during the term, and if Lessee shall abandon, vacate or surrender, said premises, or be dispossessed by process of law, or otherwise, any real or personal property interest belonging to Lessee and left on the premises shall be deemed to be abandoned. 20. LIENS At least fifteen (15) days before commencing any work on the premises for which a mechanic's or material men's lien could be asserted under California law, Lessee shall give Lessor written notice of Lessee's intention to do so in order that Lessor may post a notice of nonresponsibility and take any other steps Lessor deems advisable to protect against liens or other claims against the prop- erty. Lessee shall throughout the period of this lease keep the pre- mises and the property in which the premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by Lessee. Lessee shall not be in default under this Lease so long as it is contesting such lien with due diligence. 21. ASSIGNMENT, SUBLETTING AND 'OCCUPANCY Lessor and Lessee agree that the initial occupants of the premises shall be and Levine. Lessee shall not assign, transfer, mortgage, pledge, hypothecate or encumber this Lease, or any interest therein, and shall not sublet the said premises or any part thereof, or any right or privilege appur- tenant thereto, or suffer any person other than said initial occupants, or the survivor to occupy or use the said premises , or any portion (9) on the terms, covenants and conditions herein specified so far as applicable. Acceptance by Lessor of rent after such expiration or termination shall not constitute a consent by Lessor to any such tenancy from month to month or result in any other tenancy or any re- newal of the term hereof. The provisions of this paragraph are in addition to, and do not affect, Lessor's right of re-entry or other rights hereunder or provided by law. 26. ENTRY BY LESSOR Lessor reserves, and shall at all reasonable times have, the right to enter the premises to inspect them following 24 hours writ- ten notice to Lessee except in an emergency, for purposes of deter- mining compliance with the provisions of this lease. For the fore- going purposes, Lessor shall at all times have and retain a key with which to unlock all of the doors in, on and about the premises (exclud- ing Lessee's vaults, safes and similar areas designated in writing by Lessee in advance) ; and Lessor shall have the right to use any and all means which Lessor may deem proper to open said doors in an emergency in order to obtain entry to the premises and any entry to the premises obtained by Lessor by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into or a detainer of the premises or an eviction, actual or constructive, of Lessee from the premises, or any portion thereof. 27. INSOLVENCY OR BANKRUPTCY The following acts shall constitute a breach of this Lease by Lessee: (a) Appointment of a receiver to take possess-ion of all or substantially all of the assets of Lessee, followed by the taking of such possession, and a continuance thereof for a period of thirty (30) days or more (b) The adjudication of Lessee as a bankrupt. i about the demised premises and property damage insurance with limits of $100,000. The policy or policies affecting such insurance shall name Lessor as an additional insured, and shall insure any liability of Lessor contingent or otherwise, as respects acts or omissions of Lessee, its agents, employees or invitees or otherwise by any conduct or transactions of any of said persons in or about or concerning the premises; shall be issued by an insurance company admitted to trans- act business in the State of California; and shall provide that the insurance effected thereby shall not, be cancelled, except upon ten (10) days' prior written notice to Lessor. Lessor and Lessee do each hereby respectively release the other, on behalf of themselves and respective insurers on policies of insur- ance required to be carried hereunder, to the extent of insurance coverage of th, releasing party, from any liability for loss or damage caused by fire or any of the extended coverage casualties included in the releasing party's insurance policies, irrespective of the cause of such fire or casualty. 24. TAXES PAYABLE BY TENANT Lessee agrees to pay or cause to be paid, before delinquency, any and all taxes levied or assessed and which become payable during the term hereof upon the premises or upon all equipment, furniture, fixtures and other personal property located in the premises; except taxes on any reversionary interest owned by Lessor which may be deter= mined by an appropriate taxing authority to be wholly or partially tax-exempt. 25. HOLDING OVER Any holding over after the expiration or other termination of the term of this Lease with the written consent of Lessor delivered to Lessee shall be construed to be a tenancy from month to month at the rent in effect on the date of such expiration or termination (11) in a public warehouse or elsewhere at the cost and for the account of Lessee. Should Lessor, following any breach or default of this Lease by Lessee, elect to keep the Lease in full force and effect with Lessee retaining the right to possession of the premises (notwithstanding the fact that Lessee may have abandoned the premises) , then Lessor, in addition to all other rights and remedies Lessor may have at law or in equity, shall have the right to enforce all of Lessor's rights and remedies under this Lease. -.,. Notwithstanding any such election to. have this Lease remain in full force and effect, Lessor may at any time thereafter elect to terminate Lessee's right to possession of said prem- ises and thereby terminate this Lease for any previous breach or default hereunder by Lessee which remains uncured or for any subsequent breach or default. 29. DEFAULT BY LESSOR Lessor shall not be in default unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event earlier than thirty (30) days after written notice by Lessee to Lessor specifying wherein Lessor has failed to perform such obli- gations; provided, however, that if the nature of Lessor's obligations is such that more than thirty (30) days are required for performance, then Lessor shall not be in default if Lessor commences performance within such thirty (30) day period and thereafter diligently prose- cutes the same to completion. 30. DAMAGE BY FIRE; CASUALTY I If the premises are damaged by fire or other casualty, Lessee shall promptly repair such damage, such that the premises are restored to substantially the same condition as prior to the damage, if, in Lessor' s judgment, such repair can be made within one hundred twenty (120) days under the laws and regulations of the state, federal, county (14) (c) The filing by Lessee of a petition for an arrangement under the Bankruptcy Act. (d) An assignment by Lessee for the benefit of creditors. On the happening of any such event, this Lease shall terminate five (5) days after receipt of written notice of termination from Lessor to Lessee. In no event shall the leasehold estate under this Lease, or any interest therein, be assigned or assignable by operation of law, by voluntary or involuntary bankruptcy proceedings , or otherwise, and in no event shall this Lease or any rights or privileges hereunder be an asset of Lessee under any bankruptcy, insolvency or reorganization proceedings. 28. DEFAULT BY LESSEE In the event that Lessee or the occupant (s) designated in Paragraph 21 or its/their successor(s) ' (1) ' abandons or vacates the premises; or (2) fails to pay rent or other sum payable hereunder when due withing sixty (60) days after written notice; or (3) fails to perform or observe any other term, covenant or condition of this Lease on Lessee' s part to be performed or observed, or otherwise breaches of this Lease, and within thirty (30) days after written notice from Lessor to Lessee fails to commence and diligently pursue remedy thereof; then Lessor, in addition to any other rights and remedies of Lessor at law or in equity, shall have the rightto either terminate Lessee's right to possession of the premises and thereby terminate this Lease or have this Lease continue in full force and effect with Lessee at all times having the right to possession of the premises. Should Lessor elect to terminate Lessee's right to possession of the premises and terminate this Lease, then Lessor shall have the immediate right of entry and may remove all persons and prop- erty from the premises. Such property so removed may be stored in a (13) hereunder on its part to be performed, any such failure shall continue thirty (30) days after written notice thereof by Lessor, Lessor, without waiving or releasing Lessee from any obligation of Lessee hereunder, may, but shall not be obligated to, make any such payment or perform any such other term or covenant on Lessee's part to be performed. All sums so paid by Lessor and all necessary costs of such performance by Lessor, together with interest thereon at the rate of eight (8%) percent per annum from the date of such payment or performance by Lessor, shall-be paid (and Lessee covenants to Make such payment) to Lessor on demand by Lessor, and Lessor shall have (in addition to any other right or remedy of Lessor) the same rights and remedies in the event of non'-payment thereof by Lessee as in the case of failure by Lessee in the payment of rent hereunder. 32. ATTORNEY'S FEES In case suit should be brought by either party because of the failure of performance of observance of any term, covenant or condi- tion herein contained on the part of the other party, the unsuccessful party in such suit shall pay to the prevailing party therein a reason- able attorney' s fee which shall be fixed by the court. 33. SURRENDER The voluntary or other surrender of this Lease or the premises by Lessee or a mutual cancellation of this Lease shall not work a merger, and at the option of Lessor shall either terminate all or any existing subleases or subtena.ncies or operate as an assignment to Lessor of all or any such subleases or subtenancies. 34. WAIVER The waiver b either art of the other art ' s failure to pe rform Y party P Y P or observe any term, covenant or condition herein contained to be performed or observed by such waiving party:' shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent. (16) and municipal authorities having jurisdiction, and this Lease shall remain in full force and effect. To this end, Lessee shall maintain at Lessee's expense and for the benefit of Lessor adequate extended coverage fire insurance, through- out the period of the lease, to assure full repair of the main dwelling and other improvements on the property. Said policy of insurance shall provide that, after any lender entitled thereto, Lessor shall be a sec- ond loss payable insured or beneficiary under said policy. If such repairs cannot, iu,_ Lessor's judgment, be made within one hundred twenty (120) days, Lessor shall have the option to either (a) repair such damage, this Lease continuing in full force and effect and effect or (b) give notice to Lessee at any time within thirty (30) days after the occurrence of such damage terminating this Lease as of the date sppcified in such notice which shall not be less than thirty (30) nor more than one hundred twenty (120) days after the giving of such notice. If such notice of termination is so given by Lessor to Lessee, this Lease and all interest of Lessee in the premises shall terminate on the date specified in such notice. In the event of such termination, Lessor may at iLs option remove any structure on the premises, and Lessee or the insuror shall reimburse Lessor for reasonable costs so incurred within six (6) months following such termination. Lessee hereby waives the provision of subsection 2 of Section 1932 and subsection 4 of Section 1933 of the California Civil Code. 31. RIGHT OF LESSOR TO PERFORM All terms, covenants and conditions of this Lease to be performed or observed by Lessee shall be performed or observed b Lessee at Lessee's P Y sole cost and expense and without any reduction of rent. If Lessee shall fail to pay any sum of money, other than rent, required to be paid by it hereunder or shall fail to perform any other term or covenant (15) 38. DEFINITIONS AND PARAGRAPH HEADINGS The term "premises" includes the space leased hereby and any improvements now or hereafter installed therein or effected thereto. i The term "Lessor" or any pronoun used in place thereof includes the plural as well as the singular and the successors and assigns of Lessor. The term "Lessee" or any pronoun used in place thereof includes the plural as well as the singular and individuals , firms, associations, partnerships and corporations, and their and each of their respective heirs, executors, administrators, successors and permitted assigns, according to the context hereof, and the provisions of this Lease shall inure to the benefit of and bind such heirs, executors, administrators, successors and permitted assigns. The term "person" includes the plural as well as the singular and individuals, firms, associations, partnerships and corporations. Words used in any gender include other genders. If there be more than one Lessee the obligations of Lessee hereunder are joint and several. The paragraph headings of this Lease are for convenience of reference only and shall have -not effect upon the construction or interpretation of any provision hereof. 39. "TIME Time is of the essence of this Lease and of each and All of its provisions. 40. EXAMINATION OF LEASE Submission of this instrument for examination or signature by Lessee does not constitute a reservation of or option for a lease, and this instrument is not effective As a lease or otherwise until its execution and delivery by both Lessor and Lessee. 41. LEESEEIS QUITCLAIM At the expiration or earlier termination of this Lease, Lessee shall execute, acknowledge and deliver to Lessor, within ten (10) days (18) failure of the party failing to perform or observe the same or any such term, covenant or condition therein contained, and no custom or practice which may develop between the parties hereto during the term hereof shall be deemed a waiver of, or in any way .affect, the right of either party to insist upon performance and observance by the other party in strict accordance with the terms hereof. 35. NOTICES All notices, demand, requests, advices or designations which may be or are required to be given by either party to the other here- under shall be in writing. All notices, demands, requests, advices or designations by Lessor to Lessee shall be sufficiently given, made, or delivered if personally served on Lessee if sent by United States certified or registered mail, postage prepaid, addressed to Lessee at the premises. All notices, demands, requests, advices or designations by Lessee to Lessor shall be sent by United States certified or regis- tered mail, postage prepaid, addressed to Lessor at its offices at 745 Distel Drive, Los Altos, California 94022 or at such address as Lessor shall, designate in writing. Each notice, request; demand, advice or designation referred to in this paragraph shall be deemed received on the date of the personal service or mailing -thereof -in the manner herein provided, as the case may be. 36. GOVERNING LAW; SEVERABILITY This Lease shall in all respects be governed by and construed in accordance with the laws of the State of California. If any provi- sion of this Lease shall be invalid, unenforceable or ineffective for any reason whatsoever, all other provisions hereof shall be and remain in full force and effect. 37. PLATS AND RIDERS Clauses, plats and riders, if any signed by Lessor and Lessee and endorsed on or affixed to this Lease are a part hereof. (17) after written demand form Lessor to Lessee, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property of which Lessee' s premises are a part. 42. ENTIRE AGREEMENT This instrument along with any exhibits and attachments hereto constitutes the entire agreement between Lessor and Lessee relative to the premises and this agreement and the exhibits and attachments may be altered, amended or revoked only by an instrument in writing, signed by both Lessor and Lessee, Lessor and Lessee agree herby that all prior or contemporaneous oral Agreements between and among them- selves and their agents or representatives relative to the leasing of the premises axe merged in or revoked by this agreement. 43. QUIET POSSESSION Upon Lessee' s paying the rent, additional rent and other sums provided hereunder and observing and performing all of the covenants, conditions and provisions on Lessee's part to be observed and performed hereunder, Lessee shall have quiet possession of :the premises for the entire term hereof, subject to all of the provisions of this Lease. 44, CORPORATE AUTHORITY If Lessee is a corporation, eachIndividual executing this Lease on behalf of said corporation represents and warrants that he/she is duly authorized to execute and deliver this Lease on behalf of said corporation in accordance with a duly adopted resolution of the Board of Directors of said copor4tion or in accordance with the By-laws of said corporation, and that this Lease is binding upon said corporation in accordance with its terms. If Lessee is a corporation, Lessee shall, within thirty (30) days after execution of this Lease, deliver to Lessor a certified copy of a resolution of the Board of Directors of (19) of said corporation authorizing or ratifying the execution of this Lease. This lease is executed and is to be effective on the date first hereinafter set forth. Midpeninsula Regional Open Space District By Lessor Suburban Newspaper Publications, Inc. By Lessee Attest: District Clerk (20) 1 t k N NRRRtS PROP RTy aoursoARv '.�., I Is, LORRIDOR — PARKING PRC�POS c 0 RQAPSItDE. PARK►NC, l.I M 1T- 3 GARS " l.�c�sE AREA APPRox., 1 1.b AC-. 1 gDOoF- PRosP =ir P\oa\D EXHIBIT B Beginning at the west boundary of Prospect Road at the point where the roadway intersects the tract of land owned by Earl and Donna Harris, (Parcel 366-29-4) thence in a southeasterly and westerly direction along the westerly boundary of said road, to a point approx- imately 50 feet west of the southest corner of the adobe house, thence running approximately 480 feet north to existing fence marking the southerly boun- dary of Parcel 366-29-4, thence along the fence in a southeasterly direction approximately 59 feet to the TRUE POINT OF BEGINNING. k ,, -17-40 (Imeeting 77-20 , Agenda item "Llo. 1) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT August 5, 1977 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Proposed Lease of the Fremont Older House Introduction: The Midpeninsula Regional Open Space District '1SC3'nsidering the granting of a lease for the Fremont Older house and approximately 1. 6 acres of surrounding land for a period of 25 years. The lease would be granted for the pur- pose of restoring the house as an historic structure and for occupancy of the building as a single family residence. The house is located within the District' s 622 acre Fremont Older Open Space Preserve close to the Cities of Saratoga and Cuper- tino. It was built in 1911 for Fremont Older, a San Francisco newspaper editor, and his wife Cora, a California historian. Discussion: The long-term lease agreement of a deteriorated structure contained within an open space preserve has both favorable and unfavorable aspects for the District. These aspects are presented in the chart attached as Appendix A. The most readily obvious short term favorable financial effect of the lease is that it would save the District the cost of demolition estimated at approximately $4 ,000 . However, the greatest unfavorable longer term financial effect would occur when the agreement expires after the 25 year period and the responsibility and cost of structure maintenance reverts to the District, or if the District has to buy out the interest in the leasehold within 5 to 15 years it could be a substan- tial amount of money and significantly impact the acquisition program. Environmental and aesthetic consequences are less tangible but no less important for consideration. There are really no favorable natural environmental effects of structure res- toration. Aesthetically, the lease provides for historic structure restoration which broadens the appeal of the preserve to include another type of visitor besides the hiker and eques- trian. On the unfavorable side, the presence of an imposing structure with gardens of non-native plants detracts from the open space F R-77-40 Page two experience and prolongs an artificial element in a natural area with the potential for significant long-term alteration of the surrounding native plant communities. Perhaps the single most detrimental impact involves long-term access on the Prospect Road extension through the Preserve. Prospect Road is the only access road within the Preserve and two inholdings are already situated along it. The addition of this long-term inholding further compromises District vehicular, pedestrian and equestrian access. Summary: An Initial Study has been prepared on the lease as a project and is attached. The project involves restoration of an existing deteriorated structure to meet current standards of public health and safety. All renovations and site altera- tions will be approved by a mutually agreed upon committee which will assure that impacts on the surrounding preserve will be mit- igated. Therefore, it was determined that the project would have no unavoidable significant impact on the environment and a Negative Declaration was prepared and is attached. If the Board so wishes, it should approve the lease and attached description subject to nonsubstantive modification by staff and Legal Counsel. If it so wishes, the Board should further author- ize the return of the unused balance of the deposit in the amount of approximately $11,500. This dollar amount represents the un- used portion of the $15 ,000 good faith deposit. The Board Subcommittee on negotiating the lease has not finalized all aspects. Presumably these will have been resolved and will be discussed at the Board meeting of August 10 , 1977. HG:pl APPENDIX A Potential Effects of the Proposed Fremont Favorable Aspects Unfavorable Aspects (1) Restoration of historical build- (1) Existence of a 25 year private ing and associated gardens inholding in the preserve (2) Establishment of unique method (2) No public access to 1. 5 acres of historical preservation of of the preserve public agency property by an interested individual (3) Costs to District for mainten- ance of structure after expira- (3) District achieves historic tion of lease restoration without capital outlay and saves the cost of (4) Possible removal from tax roll demolition estimated at about after expiration of lease $4 ,000 (5) Maintenance of an imposing (4) Return to the tax roll of structure within an open space valuable leasehold for 25 preserve which detracts from years the natural area experience (5) Public tours of historic (6) Maintenance of exotic plant house minimum of once a year species as potential invaders into surrounding native plant (6) Building occupation mitigates communities District patrol and fire pro- tection responsibilities in (7) Attractive feature could become the immediate area management problem (7) District participation in (8) Buy-out prior to end of 25 years historic preservation with no could significantly impact capital outley acquisition or land management budget earlier than anticipated (8) District as a pioneer in unique method of historical preserva- (9) Additional staff time required tion in handling problems associated with inholding, probably total- ling less than $1,000 a year (10) Staff time required for serving on commission reviewing restoration (11) If existing water system is used it will likely deduct from the volume available to the adobe house and gray house (12) Increased traffic generation on-site Unfavorable Aspects (cont) (13) Staff time related to special events - probably involving time of one ranger (dependent upon volume of attendance at events) NOTE: It is not possible to predict whether the house will be a financial liability or asset to the District after the lease expires since this judgment depends upon the condition of the house after the 25 year period. Midpeninsula Regional Open Space District Initial Study PART I A. Name , location, and brief description of project: 25 year lease of the Fremont Older ding land within the Fremont Older Open Space Pregerve adjacent to the Cities of Saratoga and Cupertino. Historic restoration and maintenance of an existing deteriorated structure and gardens. B. A Description of the environmental setting: Located within the 622 acre Fremont Older Open S ace Preserve in the Cupertino foothills encompassing oak woodland, chaparral, orchards and a cultivated hayfield. The surrounding area is low density residential with Lower Stevens Creek County Park and Reservoir situated on the western Preserve border. C. The project is/is not compatible with existing zoning and general plans. If not, please explain below: R The project is compatible with existing zoning and general plans. D. For identification environmental effects, see attached checklist. (PART II) E. For a discussion of any potential significant effects and ways to mitigate them, if any, see attached sheets. F. Recommended Action: X Negative Declaration Environmental Impact Report G. Persons who prepared this Initial Study: Cynthia DiGiovanni, Jon Olson Date: Au,ust-4 1977 H. Name and Address of proponent: Midpeninsula Regional Open Space District, 745 Distel Dr. , Los Altos , CA 94022 PART II Identification of Environmental Impacts : (Explanations of "yes" and "maybe" answers are included on attached sheets) 1. Geology. Will the project: YES MAYBE NO a. result in an increase in wind or water erosion of soils, either on or off site? X b. be located on or adjacent to a known earthquake fault? X C. disrupt the soil causing substantial erosion, silta- tion or land sliding. X d. cause destruction or modif- ication of any unique gologic feature? X 2. Water. Will the project: a. be located in a known flood plain? X b. involve alteration (s) of a streamcourse or body of X surface water? C. change the quantity of ground waters either through direct additions or withdrawals, or through interception of an acquifer by cuts or excava- tions? X d. change- absorption rates, drainage patterns, or the rate and amount of surface water runoff? X e. involve discharge into; or alteration of, any surface water resulting in reduced water quality, including but not limited to, increased turbidity or dissolved oxygen? X 3. Air. Will the project result in: a. substantially increased air emissions or deterioration of X ambient air quality? .. _ge ,aree YES MAYBE NO b. the creation of objectionable odors? X C. alteration of air movement, moisture or temperature, or any change in local or re- gional climate? X d. the creation of dust smoke or fumes or the application of potentially hazardous ma- terials such as herbicides or pesticides? X 4. Plant and Animal Life. Will the project: a. result in the removal or dis- turbance of any rare or endangered plant or animal? X b. reduce the acreage of any ag- ricultural crop? X C. result in the removal of substantial amounts of vegetation? X d. alter the ecological balance of an environment unit.- either on or off site? X e. significantly affect a breeding, feeding, or Nesting area? x _ f. change the diversity or numbers of any species of plant or animal? X 5. Natural Resources. Will the project : a. involve the removal or depletion of on-site rock, sand, X gravel , trees, oil or minerals? 6. Permit Application. Will the project: a. require the approval of any federal , state, regional or local agency or district? If yes, list below: X County permit approvals associated with construction t-n hr;ng structure up to building codes. 7 . Noise. Will the project: a. increase ambient noise levels, either on or off-site? X Page four 8. Circulation/Traffic. Will the project: YES MAYBE NO a. generate substantial additional traffic in the area? X, b. generate the use of off-road vehicles of any kind excepting ranger patrol vehicles? X C. require alterations to present circulation patterns? X d. have substantial impact on. existing road systems? X e. effect existing parking facilities or create a demand for new parking facilities? iK f. increase traffic hazards for motor vehicles.3 bicyclists pedestrians? X 9 . Public Services . Will the project: a. substantially affect a public water supply or sewage disposal system? X b. result in a need for increased fire or police protection? X C. cause groundwater pollution as a result of new septic X systems? d. require the expansion or extension of any public utility? X e. require any public service currently operating at or near capacity? X _ 10. Energy. Will the project: a. cause the use of substantial amounts of fuel or energy? X 11. Land Use. Will the project: a. result in substantial land use changes that would adversley affect the population either on or off site? X b. serve to encourage development of presently undeveloped areas, or increase development intensity of already developed areas? X C. vary from adopted an community or county policy. Page five YES MAYBE NO d. involve lands currently protected under the Williamson Act or an open space easement? X 12. Sociocultural. Will the project: a. result in an alteration of an historic, archeological or paleontological site, structure, object? X b. require the relocation of people or businesses currently on site? X C. obstruct scenic views or create an esthetically offensive site? X Potential Significant Effects* and Mitigation Measures Item 9 (c) : New Septic Systems. If a new septic system is required it will be installed subject to County standards that will minimize potential groundwater pollution. Item 11 (a) ; Land Use. While the project could potentially increase development intensity of already developed areas such development will only involve restoring existing disused facilities to a useable condition. No additional structures will be constructed. Item 12 (a) : Alteration of Historic Structure. Alteration from the historic character will be minimal in order to comply with building codes and will essentially involve upgrading of kitchen and bathroom, but historical preservation will be maintained overall. 8 (a) Additional Traffic. Traffic associated with a single family residence will be added to the existing volume resulting in an anticipated 25% increase over the present level. 8 (c) Circulation Patterns. Additional traffic on on-site roads may necessitate the transfer of the equestrian route from the road to a short section of hiking trail. 8 (e) Parking. Only infrequent special events would be expected to have a potential significant effect on existing parking facilities *Mandatory Findings of Significance all listed in Section 15802 and Appendix G of the State Guidelines. 8 (f) Traffic Hazards. Increased traff generated by occupancy of the house could unavoidably increase traffic hazards for bicyclists , pedestrians and equestrians on a small section of road from the parking area to the trailhead. MIDPENINSULA REGIONAL PARK DISTRICT NEGATIVE DECLARATION Title of Project Lease of the Fremont Older House and 1. 5 acres of surrounding land. Description of Project T,aa-,P of a t9pft-ri nraf-Pc3 struc t-urP and surrounding gardens for the purpose of historic restoration and maintenance. Structure located within the Fremont Older Open Space :Preserve. The undersigned member of the Midpeninsula Regional Park Dis- trict finds that the above project has no significant impact on the environment . —8Z5177 I Date Staf Member Reasons for Finding Stipulations in the lease require that all rennovations and site alterations be approved by a mutually agreed upon committee which will assure that impacts on the - surrounding open space preserve environment will be mitigated. Preparation of Study or Environmental Assessment By Jon Olson, Cynthia DiGiovanni A copy of the Study or Environmental Aseessment is available at the offices of the Midpeninsula Regional Park District, 745 Distel Drive , Los Altos , California. A copy of this Negative Declaration shall be posted at the District office on the fol- lowing dates: August 5 , 6, 7, 8, 9 , 10 Date District Clerk -77-151 ,A- AW (Meeting 77-20 , Agenda item No. 2) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM August 4 , 1977 TO: Board of Directors FROM: Herb Grench, General Manager SUBJECT: Monte Bello Open Space Preserve Addition - Eldridge Property. Introduction: At its meeting of April 13, 1977 the Board of Directors approved the exercise of an option to require 150 acres of land offered to the District by D. F. Eldridge. Such land together with the adjoining 610 acres of property would be additions to the Monte Bello Open Space Preserve. Final language in the option acceptable to both parties was to be worked out subsequently. Discussion: Discussions have continued between the parties to complete an acceptable agreement. This matter is being placed on the agenda, since it is anticipated that the work will be completed by the time of the meeting. HG:rh RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF AGREEMENT TO PURCHASE REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (MONTE BELLO OPEN SPACE :PRESERVE ADDITION- ELDRIDGE PROPERTY) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Agreement to Purchase Real Property between D. F. Eldridge the Midpeninsula Regional Open Space District dated 1977, and authorizes the President and appropriate officer to execute the Agreement on behalf of the District. Section two. The President of the Board or other appropriate officer is authorized to execute a certificate of acceptance to any deed granting title to said property. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. 1 1 R-77-39 (Meeting 77-20 Agenda item No. 4) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT August 5 , 1977 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Proposed Land And Water Conservation Fund Application Introduction: The federal Land and Water Conservation Fund Program as administered by the Department of Parks and Recre- ation of the State of California is a major source of supple- mental funding for local park agencies. The MROSD made applica- tions to the program in 1974 , 1975 and 1976 and the first two projects were approved. District staff is recommending application for a grant of $500 ,000 from the Land and Water Conservation Fund Program for acquisition of a proposed East Palo Alto-East Menlo Park Baylands Preserve. Ordinarily, the Land and Water Conservation Fund Program calls for 50% of a project to be funded by the local agency. However, _ there is a provision in the Land and Water Conservation Act where- by a gift of land can be applied as the local agency contribution against a Land and Water Conservation Fund project. A possible gift of foothills land in the Woodside area would be used in this way. Description of the Project. The proposed project and the possible gift represent major poten- tial acquisitions in San Mateo County. A. Project Area. The project area consist of land and water on the shoreline of San Francisco Bay within a 500 acre area in the East Palo Alto and East Menlo Park baylands just south of the western approach to Dumbarton Bridge. See the attached map A, for location. The site would become the natural-area component of the nearby proposed marina in the vicinity of Cooley Landing. It is possible that a marina and traditional park facility could be developed on the southern portion of the project area by San Mateo County. Final delineation of the natur- al area to be acquired would depend upon joint planning with and funding commitments by the County, East Palo Alto, Menlo Park and, possibly, the Harbor District, and California Department of Transportation. The 500 acres R-77-39 Page two represents the area within the overall outer project limits; the actual area acquired with the grant funds would be less. The Parks and Recreation Element of the San Mateo County General Plan shows a portion of this area as a planned park. Further, the acquisition would contain a section of the planned San Mateo County Shoreline Recreational Trail extending the entire length of the Bay. Such a trail might be closed during the nesting season in order to protect shoreline bird species. The area would also serve as scenic viewshed for travellers on the Dumbarton Bridge. Recreational uses would include hiking, bird- watching, photography and fishing. B. Gift Area. The possible gift of approximately 70 acres is located on the eastern slope of the Santa Cruz Moun- tains on La Honda Road within the Town of Woodside. Wunderlich County Park is located 0. 2 miles north across La Honda Road. See the attached map B for location. The site contains second growth redwood and oak-bay woodland with scattered Douglas fir at elevations rang- ing from 800 to 1,100 feet. The property is currently owned by the Sierra Club Foun- dation and receives light day use with occasional group events. The property would remain open for low intensity recreation using existing trails. Recommendation: It is recommended that the Board adopt the attached Resolution of theBoard of Directors of the Midpeninsula Regional Open Space District Approving the Application for Land and Water Conservation Funds - Baylands Park Acquisition Project. It must be emphasized that application for funds is not a decision to acquire the property. A project of this magnitude is only being recommended because of the possibility of a grant being approved and the property being acquired at no cost to the District. HG:pl TO E a>w; EXHIBIT A - PROPOSED BAYLA.NDS PARK (BM 18) L�. ' 13 13 . `.` ... � :, Orr,•- r✓ SALT EVAPORATORS ! tt Slough r\ n PROJECT AREA APPROX. 500 AC!tA o DED c' I am : _ 1 8 i A �r . II :1 6 1 e r � r �. ® -. --- . SALT S L S ■r• '' !v4" EVAP&PATORScsIaax'Tt SOUTHERN V Henderson r� } L s a s �c re MINE s ! a J 3 1 el Hn•e ' I - J . :; EZC. Y E C1i H - r'1 _ - ..Land" ---- - rt.• :Iav nslko8d� +, f' QY.. n CITY x't+/ t I s Scyy l _ 1 '1 \� � � o ..M,t1yyQ +lfala' r .• 2I- -1 Far el I � 4, .. g`�., �'a" - � - � °I' r ':S'b taeion• r=Green a h �j u--- h. . '•r` X.(d i P Is s K e �; ' %ya:;:y:;:�•: :r +ji•s R �71 J`•I 2 1 . O -1 r-. J _ 10 a -ta p � > ..d ''It. b• \. �S� :•:'i,2ji :: ���' ��, r i�/�'•I�`TaL � f \• a L r � �-� ater I� `; ' _ \\\1�•:>�� r I W � I 1' w I' V7.� M - c t�o� J• �La- u ) ::3: 1 V, „Mq �.�' v�` t orRa\ ns ch I Bren �l o t / E --.� vetlswood .allG a � P. LO ALTO .r stricks u -__ �� nl a h Sch min ary ,j ' '�h• \\` ��-4 M NICIPAL �O'Conn o s151�; 3 L �kSch . ....w I 2 '� � � IRPO L-1 ater: 11 �r r Ir •R /re S i. I £ v .'�:-- Prawam urr $ wuouFB r r ` 7 35 J� Redwoods City s. ILr''!�' Y \ •. Creacen / A enrsrlorte4dr• h c i,S Rp, I.8 Tho h N rrl Qu I AVE ►4?i'` ` ,.7 ao asf Pala Alto JIBS`_ r o00 AN p fi7 W d Z AVf 'i' p PARK 5 \� r ari fr < n scb1i1i Aci Va e St j0 r >' Unit .. 0 I BM courar\ 1 12 ne - �\ 7 C�i ty r •fi�e`w e1°,�W Menlo ,S n�adP 2M PGIOAI tO P) 2.31ps 4 1 ` Lrr'.ca.:r1.7 Gn \\ Mg A J� Q??! `h • O's .3 `\J al `''~'>.4 .4 °4�°.b o<F'yfro EXHIBIT B - PROPOSED EL CORTE DE MADERA PRESERVE ,.`♦ ♦ . ��1- - • ' • Ni` YY lC��i dry' do 1fS�r ` ','0 1. ,� `� ,t .•�. _ W0 ide 1!d o de tore • �' ♦ A f � \.�- " r � + �. W\\tiy � a, ♦ 'o %BM � � ��`� �` �', � j ��,• - lea Adabe._L\\ J '� Lam'" � v -. ,• 1 �/ do 41 ov .� ����� � ♦ ♦♦ 4 ,Rao\ J t r• f �4 ♦' `) ��1. � w '.414 - ry ,��,/��./'� �•i -:4 i�s"a \ `i of ��nhl �,�-� ♦ BM .���ny , .•r -i•l' ` ...� �J --�����\/y, � "'a '�.�1'�. O / y _F �� ' .• •Sear le,. 8\` j m Hf orical m ' � - ,,'D,�y �� 111 / U' \ ��f ��\\\ • •�� ' III \ 1 ZOO _c PROPOSED_PROJECT AREA APPROXIMATELY�70 ACRES �.e t` v feoo��1 '11 AREA EXCLUDED' t � o ,Nuoc` a.a 8 ': 1 z.4 :���eaC� ��11 �� •`� . `' ' �'_} ��\- _, (�� c r; 6i, �. 1� -'--tee.•. ` 1 i-� e'I i ! 1 i 4 • • O .7 tea\ .. 1.7 lin aWoodside 1.3 f Mal 1. fBOO \ I `._ .!�' J`^ '�• 7��\ 3� 1, `i\ �i'4 h WI/NOERtICN: O .7•' ` lfuM I , O •'C^ //B6 --' $rarrtcitlt +eq° `II ? jI��Q�`j ... �`. ♦ �`\� '�� 5.3 µ GS�ca PAnR .w.6:2 L°ke Sx E V O 'o• 1 i j. I � / g ♦ �. ! of aro.xvor �-) ( ----- ----- 0 !�!I \181,+<.�'\ � � j\ '�•.�46� e 1 � rti,v-(��� �,- 'Ir. � ��'• 3.2 -�--- LOW— Y Sky�tnnda a 1.94 Y �� )'� I500_ ..�� a ..0 .�C a�a'\ V1319 a•ii��h / F41 � . •• ar �. s=s o — 1 Portola Valley .� .. J . 1, ft•.�° • • ' ,n�l�l♦ ��y � Lam..J-_-_ �,,u� \ �g e�..r Abt _-, \ \y ` O C\) /,, I III ;,• .�•.f�Sy-_~�00 �`' } � j �, ana SV ' RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS - BAYLANDS PARK ACQUISITION PROJECT WHEREAS , the Congress under Public Law 88-578 has authorized the establishment of a Federal Land and Water Conservation Fund Grant-In-Aid Program, providing matching funds to the State of California and its political subdivisons for acquiring lands and developing facilities for public outdoor recreation purposes; and WHEREAS, the State Department of Parks and Recreation is responsible for the administration of the program within the State, setting up necessary rules and procedures governing application by local agencies under the program; and WHEREAS, said adopted procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of applications and the availability of local matching funds prior to submission of said applications to the State; and WHEREAS, Part V of said applications contains assur- ances that the applicant must comply with; and WHEREAS, the proposed Baylands Park Acquisition Project is consistent with the California Outdoor Recreation Resources Plan; and WHEREAS, the project must be compatible with the land use plans of those jurisdictions immediately surrounding the project; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors hereby: 1. Approves the filing of an application for Land and Water Conservation Fund assistance; and 2. Certifies that said agency understands the assurances in Part V of the application and certifies that it will comply with the regu- lations , policies, guidelines, and requirements, including A-95 FMC 74-4 and FMC 74-7 , and as they relate to the application. 3. Certifies that said agency has matching funds from the following source (s) , namely, property tax revenue and a gift of land, and can finance 100 percent of the project, half of which will be reimbursed, and 4 . Certifies that the project is compatible with the land use plans of those jurisdictions immedi- ately surrounding the project; and 5. Appoints the General Manager as agent of the District to conduct all negotiations, execute and submit all documents including but not limited to applications, agreements, amendments, billing statements, and so on which may be neces- sary for the completion of the aforementioned project. M-77-153 Ad. (Meeting 77-20 , low Agenda item i4o. 5) A MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM August 4, 1977 TO: Board of Directors FROM: N. Hanko, Director SUBJECT: Proposed Legislative Subcommittee Dear Colleagues : As you will recall at our last meeting, D. Wendin had asked me to assist him by developing a proposal for a Legislative Subcommittee. The rationale for the subcommittee, as I perceive it, is (1) to keep track of current legislation important to the District and make recommendations to the Board, (2) to relieve staff as much as possible from the task of following and pro- posing legislation, (3) to be prepared to recommend new legis- lation which is in the best interest of the District. Emphasis should be place on (1) and (2) . It would be my recommendation that the subcommittee consist of three Board members, who are appointed by the Presi- dent of the Board with Board consent, to serve as a standing committee. Appointments or reappointments would be made yearly (as is done with the Budget Subcommittee) , and meetings would receive public notice. The General Manager would usually be expected to attend meetings. Legal Counsel would be consulted from time to time as necessary. Legislative matters to be considered by the subcommittee could be initiated by the General Manager, by members of the subcommittee, or by Board referral. The subcommittee would serve only in an advisory capacity to the Board, and formal support of legislation would require formal Board action unless otherwise indicated by the Board. Recommendation: It is recommended that the Board adopt the attached Resolution of the Board of Directors of the Midpen- insula Regional Open Space District Amending Rules of Procedure to Add a Legislative Subcommittee as a Standing Subcommittee of the Board of Directors. NH:jg RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AMENDING RULES. OF PROCEDURE TO ADD A LEGIS- LATIVE SUBCOMMITTEE AS A STANDING SUBCOMMITTEE OF THE BOARD OF DIRECTORS The Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve as follows: Section One: The Rules of Procedure adopted by the Board of Directors on January 10, 1975 by Resolution No. 75-25 (and as amended) are hereby amended to add a new subsection 1. 84 , to read as follows: 1.84 Legislative Subcommittee. The Legis- lative Subcommittee shall be a standing subcommittee composed of three Board members appointed at the first regular meeting following the meeting at which officers of the Board are elected. M-77-154 (Meeting 77-20 , low Agenda item 'No. 6) 0 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM August 4 , 1977 TO: Board of Directors FROM: N. Hanko, Director SUBJECT: Property Tax Relief Dear Colleagues: In the course of developing the proposal for the Legislative Subcommittee, I have become increasingly concerned that current proposed legislation dealing with the subject of tax relief may progress so quickly that before such a subcom- mittee can adquately study and make recommendations on specific bills, the concerns of the District will go unprotected. It has not been possible for me to obtain sufficient information on specific bills which are currently being con- sidered. And, in fact, according to East Bay Regional Park District Director, Mary Jefferds, East Bay' s Legislative Sub- committee hasn' t even tried to get a handle on the various bills except to assure themselves that special districts are specifically referred to. However, it is clear to me that if a bill were to succeed which includes a growth ceiling based on a general in- flation factor (GNP) , there will be a serious impact on our ability to acquire lands. The League of California Cities is supporting legislation which reportedly does not propose re- strictions on use of property tax revenue and therefore would be fairer to us. It has always been my contention that the use of the property tax has been a fair tax when used as the revenue base for the District since our principal business is buying the very land that is taxed. But I do support the reform which is going on because I think the property tax has been much abused and used for the gaining of revenue unrelated to source. An impact study that Bob Mark has concluded for us this week underscores the need for us to keep a strong handle on concepts such as ceilings as they would affect this District. M-77-154 Page two According to Bob's appraisal, if legislative tax relief calls for District revenues to be restricted to general cost of living (assume 6% and that overall revenue on property tax in- flation is 10%) and land that we would acquire is inflating by 15% , the loss to the District would be as follows: 6% - GNP deflator 10% - Overall revenue inflation (property tax) 11% - Land acquisition inflation (The following tables are based on District existing ownership or commitments to acquisition of 5,000 acres. ) A. Acres acquired by the District with overall revenue inflation restricted to 6% : 10 years - 17, 556 acres 20 years - 20, 869 acres 30 years - 22,387 acres Please note that at 30 years the District is capable of adding only 93 acres per year. Legislation such as currently supported by the League of California Cities which does not propose restrictions on j use of property tax revenue would probably impact as follows: B. Acres acquired by the District with overall revenue inflation at 10% : 10 years - 20, 721 acres 20 years - 29,521 acres 30 years - 35, 054 acres Please note that at 30 years the District is capable of adding 437 acres per year. Figures which we have used may be on the conservative side, and one computer run of table (A. ) using 20% for land acquisition inflation showed that after 30 years, only 22 acres per year might be added. It is my belief that the District's concerns might best be expressed to our local legislators now in either informal meetings or phone calls and to leave a later expression sup- porting specific legislation to whatever recommendation the new subcommittee may make to us. NH: jg 77-152 (Meeting 77-20 , Agenda item 1 o. 7) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT I AEMORANDUM August 4, 1977 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Cancellation and Possible Rescheduling of August 24 Meeting Due to Board menbers ' planned vacations and absences in August, there will not be a quorum available for the regularly scheduled August 24 meeting. It is therefore recommended that the Board cancel the August 24 , 1977 Board meeting. Since there is a possibility that business will arise during that time which may require Board action, it is further recom- mended that the Board tentatively schedule either August 17 or August 31 as an alternative meeting date, subject to the dis- cretion of the President of the Board. (Meeting 77-20, Agenda item lio. 8) RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING CERTIFICATE OF AUTHORITY OF OFFICERS (UNITED CALIFORNIA BANK) WHEREAS , the Board of Directors of the Midpeninsula Regional Open Space District adopted Resolution No. 77-30 on July 13 , 1977 , approving, authorizing, and directing the execution of an agreement with United California Bank to act as paying agent on behalf of the District for the issuance of $4 ,600 ,000 principal amount of Midpeninsula Re gional Open Space District Negotiable Promissory Notes, Series A; and WHEREAS , United California Bank has requested that the Board of Directors designate those officers of the District who have been duly elected or appointed to sign written instructions and consents on behalf of the District; NOW, THEREFORE, BE IT RESOLVED that the Board of Direc- tors of the Midpeninsula Regional Open Space District does hereby adopt the Certificate of Authority of Officers attached hereto as Exhibit A designating those officers of the District who are authorized to sign written instructions and consents on the District' s behalf. CERTIFICATE OF AUTHORITY OF OF'. ___'ERS Public Agency Name Address To: United California Bank Corporate Trust Department 405 Montgomery Street San Francisco, California 94104 The Undersigned, Secretary of the Board of Directors of the' Mid- peninsula Regional Open Space District, hereby certifies, that by resolution duly adopted by the Board of Directors of this Public Agency, the officers named upon this certificate have been duly elected or appointed are now acting and are qualified to sign written instructions and consents as provided in the By-Laws, etc. , on behalf of this Public Agency, that the specimen signatures appearing opposite the names and titles are the genuine signatures of such officers and that said reso- lutions electing or appointing these officers are now in full force and effect. You are further authorized to recognize these signatures until you receive our written instructions to the contrary. (PRINT) (SIGNATURE) President, will sign Treasurer, will sign General Manager, will sign District Clerk, will sign In Witness Whereof, I have hereunto set my hand and affixed the seal of said Public Agency This Day of 19 By Secretary (EXHIBIT A) Revised C-77-17 August 10, 1977 Meeting 77-20 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT C L A I M S Amount Name Description 3445 $25,171. 20 Millard F. Blair Principal & Interest North Foothills Property �3454 43.50 Ehlers Electric Co. Maintenance-Permanente Creek Pool �3455 49.13 Kragen Auto Supply District Vehicle Expense 3456 48 .02 Western Fire Equipment Field Tools 3457 7,100 .00 Don Johnson Construction Improvements-Fremont Older 3458 25.38 N. Timothy Hall Field Supplies-Los Trancos 3459 2,800.00 Castellanos Associates Appraisal Services 3460 4,600. 00 Orrick, Herrington, Rowley Services Rendered-Promissory Notes & Sutcliffe 3461 50.00 State Treasurer Fee-Promissory Notes 3462 161.56 Orchard Supply Hardware Field Tools 3463 446 .00 Los Altos Garbage Garbage Service-Permanente Creek.. Fremont Older & Montebello 3465 17 . 46 Judy Frosch Telephone Expense 3466 68 . 39 San Jose Art/Paint/Wallpaper Maps & Mapping 3467 242.74 Wood Sign Co. Improvements-Fremont Older 3468 11.65 Young & Associates office Sup-plies 3469 18 .91 John Melton Private Vehicle & Telephone Exp, 3470 608 .29 Pacific Telephone Co. Telephone Service 3471 10,876. 25 Union Bank Interest Payment-Semi Annual 3472 500. 00 U. S. Postmaster Postage Meter 3473 53 . 46 Norney' s Office Supplies 3474 146.71 Savin BusinessMachines Office Equipment Rental 3475 254.49 Lutz Ford Sales Inc. District Vehicle Expense P476 64 .37 Herbert Grench Meal Conferences & Parking i�477 32.50 Central Radio Telephone Telephone Service 478 40.71 Stanley Norton Travel, Meals, Telephone & Disc, !3479 25. 03 Hubbard & Johnson Operating & Maintenance i Permanente Creek & Fremont Older C481 4 .00 Lawrence Tire Service, Inc. District Vehicle Expense 0482 10.00 Saratoga News Subscription # Amount Name Descri tion 3485 $ 30. 61 Graphicstat, Inc. Maps & Mapping 3486 184 .00 Flinn, Gray & Herterich Insurance-Amending Radio Schedule 3488 191,463 .33 Josephine & Anita Picchetti Land Payment,-Principal & Interest 3489 110. 20 Sempervirens Fund Consultant Services 3490 130.68 First American Title Co. Escrow Costs-Leonheart Property 3491 322.42 Four Point Rents Equipment Rental-Field 3492 73.65 Pat Starrett Private Vehicle Expense, Parking & Xeroxing County Records 3493 52. 45 Bradley Clifford Private Vehicle & Meal Conference 3494 191.70 Screen Machine Field Supplies 3495 19.33 Alvord & Ferguson Field Supplies-Ranger Uniforms 3496 25.47 Herbert Grench Meal Conference 3497 220.00 Maintenance Men Clean Home-Montebello Rd, 3498 109.91 The Packaging Store Field Supplies 3499 14.15 Pacific Telephone Co, Telephone Service"Fremont Older 3500 3 . 64 P. G. & E. Utilities-Picchetti Ranch 3501 217 .73 Steve Kunin Professional Services-Fremont Oldo 502 12.02 The Highsmith Co. , Inc. Library 503 281.27 Sunnyvale Dodge District Vehicle Expense 504 42 .17 Western Fire Equipment Co. Field Supplies 505 40.72 Diversified Transportation Parcel Delivery Service 506 365.70 Techni-Graphics, Inc. Printing Stationery/Business Cards ' 507 30. 89 Repro Graphex Certificate & Deed 508 19.08 P. G. & E. Utilities-Fremont Qlder 3509 113.17 California Water Service Co, Utilities-Perm4nente Creek 510 48 .75 San Francisco Newspaper Co. Advertising 511 42. 60 Ace Fire Equipment Co, Field Supplies 512 62. 65 Towill, Inc. Photographic Enlargements & Prints 513 221.95 Petty Cash Meal Conference, 'Maps & ,Mappin g, Private Vehicle Expense, , Library, Distri:ct 'Vehicle Expense{ Postage, Salary Advances & 'Field Supplies 515 11,500. 00 Suburban Newspaper Securtity Deposit Refund Publications, Inc.