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HomeMy Public PortalAbout19860326 - Agendas Packet - Board of Directors (BOD) - 86-07 Meeting 86-07 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D•1,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 REGULAR MEETING Wednesday BOARD OF DIRECTORS 375 Distel Circle, D-1 March 26, 1986 A G E N D A Los Altos, California (7:30)* ROLL CALL APPROVAL OF MINUTES (March 12, 1986) WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS ADOPTION OF AGENDA BOARD BUSINESS (7:45) 1 . Second Reading of Revised Skyline Ridge Open Space Preserve Use and Management Plan -- D. Hansen (7 :50) 2. Long Ridge School Road Agreement -- D. Hansen (8:05) 3. Proposed Addition to Skyline Ridge Open Space Preserve (Bullis Property) -- C. Britton Resolution Authorizing Acceptance of Agreement to Purchase Real Property, Authoring 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 (Skyline Ridge Open Space Preserve - i Bullis Property) (8:20) 4. Joint Powers Agreement with the Town of Los Gatos -- C. Britton I Resolution Approving and Authorizing Execution of Joint Powers Agreement for Purchase of Real Property, Authorizing Officer to Execute Park, Recreation, Scenic and Open Space Easement, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Eilertsen Property) I (8:25) 5. Preliminary Action Plan for the Implementation of the Basic Policy of the Mid- peninsula Regional Open Space District for Fiscal Year 1986-1987 -- H. Grench i (8:55) INFORMATIONAL REPORTS CLAIMS CLOSED SESSION (Land Negotiation, Litigation and Personnel Matters) ADJOURNMENT TO ADDRESS THE BOARD: When an item you'Ae coneetened with appeatus on the agenda, the Ma.i& wit invite you to addAess the Boated at that time; on other ma.tteu, you may adds as the Board under Onat Communications. (An at tetcnative is to comment to the Board by a Wtitten Communication, which the Boated appnec ates. ) Each .speah,eA witt otcd.tna ity be ti.mited to thtcee minutes. When tcecogn.ized, ptease began by stating your name and addne,ss. We tcequest that you �itt out the bottms ptovxded and ptees ent it to the Reeo&di.ng SecA so that outs name. and addtce-s,6 can be aecutatet .inceuded .in the minutes. e.tarcy y y *Times are estimated. Agenda is subject to change of order, NOTICE OF COMMITTEE MEETINGS ) The Budget Committee will meet at the District office at 4:15 P.M. Tuesday, March 25 and Tuesday, April 1 , 1986, The Land Acquisition Policy Committee will meet at 7 :30 P.M. Wednesday, April 2, 1986 at the District office. THE PUBLIC IS INVITED TO ATTEND i Meeting 86-06 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 REGULAR MEETING BOARD OF DIRECTORS MARCH 12 , 1986 MINUTES I. ROLL CALL Vice-President Daniel Wendin called the meeting to order at 7: 35 P.M. Members Present: Katherine Duffy, Daniel Wendin, Teena Henshaw, Nonette Hanko, and Harry Turner. Richard Bishop arrived at 7: 37 P.M. Member Absent: Edward Shelley. Personnel Present: Craig Britton, David Hansen, Jean Fiddes, Mary Hale, Del Woods, James Boland, David Camp, Stanley Norton, and Joan Combs. II. APPROVAL OF MINUTES Motion : H. Turner moved the approval of the minutes of February 26, 1986. D. Wendin seconded the motion. Discussion: N. Hanko noted she had not been present to vote on the first motion on page six, and therefore the vote had been 5 to 0 rather than 6 to 0. The motion approving the corrected minutes passed 5 to 0. R. Bishop was not present for the vote. III. WRITTEN COMMUNICATIONS There were no written communications. IV. ORAL COMMUNICATIONS There were no oral communications. i V. ADOPTION OF AGENDA D. Wendin stated the agenda was adopted by Board consensus. VI. BOARD BUSINESS A. Skyline Ridge Open Space Preserve Use and Management Plan Review Report R- , dated March 6 , D. Hansen stated that the Master Plan for the Preserve had been adopted since the last Use and Management Plan Review and is i currently in the process of being implemented. He said the District had applied for Proposition 18 and Land and Water Con- servation Fund grants, and reported that the District had been nominated for a $300 , 000 Proposition 1.8 grant. He noted use of the Preserve has continued steadily, with approximately 35 to 45 visitors per weekend. Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin 1 Meeting 86-06 Page two D. Woods stated the addition of the Use and Management Plan Suinnary table to the report was designed to assist staff with budget preparation and to give an overview of the entire site. He discussed the interim signing program and Master Plan brochure, a project being worked on in conjunction on with Peninsula Open Space t Trus , as a way to introduce the public to the site. D. Woods reviewed projects 3,4, 5,6, 8, and 9 under Item A, which are being done in conjunction with the grant program, and are anticipated to be implemented in the 1986-1987 fiscal year. D. Woods said there was a need for a consultant to study restoration of the Alpine Reservoir area, which might include the establishment of a shallow bay to ensure a safer area for children. D. Woods discussed the Whole Access trail, which was incorporated into Phase I of the Master Plan in order to improve the chances for grant funding. He said the Alpine interpretive facility would involve both land and water environments, plus a recon- struction of the boathouse as an interpretive center. He reported that staff was investigating the possibility of securing a grant from the California License Plate Fund. D. Woods noted that $7000 of the $294,000 listed for the 1986-1987 fiscal year I was not funded by the grant. D. Woods reviewed completed existing use and management projects, including the boathouse removal,, some of the roadside clearing, and removal of the gas tank. He noted some preliminary drawings had been completed for the parking areas and entry roads. He reviewed the ongoing maintenance projects for the Preserve that are included in the budget. D. Woods showed slides of the Preserve, reviewing possible parking areas and connecting roads, and upgrading of the sewer system. He noted the ranch area entrance presented a design challenge because of the line of sight problem. He said the whole access facility being developed at Alpine will have access from the parking areas in the ranch area, and the Master Plan proposed permit group use only because of the entrance problems. In an attempt to have unrestricted whole access to the facility, he said staff was trying to integrate some whole access parking into the entry design. D. Hansen stated that he and C. Britton had attended a meeting with the Skyline Historical Society to discuss the possibility of utilizing the environmental education center as a potential museum. He said staff had not completed evaluation of this proposal, and noted that Sempervirens Fund had expressed an interest in working with the District on this project. He said the District would be contracting with 2M to analyze the proposal in relation to the Master Plan, and at that time, staff would make a recommendation to the Board concerning the proposed environmental education facility. N. Hanko noted that the map showed parts of Phases 2 and 3 included in Phase I. D. Woods responded that a more desirable recreation package was necessary in order to obtain a grant from the State, and therefore, certain elements of later phases were put into Phase 1. w Meeting 86-06 Page three N. Hanko noted there was no mention of restoring the Horseshoe Lake reservoir for fishing. D. Hansen stated that under the District' s current ordinances, fishing was allowed by permit only. He said the ordinance would be revised at the time of Master Plan implementation within six months. He noted a liability problem in allowing fishing at the present time because of the steep sides of the reservoir. D. Woods stated that the perimeter of the reservoir would be restored to improve water quality, and a boardwalk built to ensure public safety. He said the boardwalk followed trail implementation in the Master Plan. R. Bishop stated he favored the concept of a historical museum, but felt the Dist rict might multiple- use wish to g consider a multiple use building that would also include an environmental education center. He asked if any of the existing buildings would be suitable for use as a multiple-use center. D. Hansen stated there were no adequate buildings on site, and that a new building would be needed. D. Wendin asked if there were a proposed schedule for evaluating the Historical Society' s proposal. D. Hansen said that once a determination was obtained from Sempervirens Fund, the District would contract with 2M to study the proposal. H. Turner asked C. Britton to send a letter of thanks to Senator Becky Morgan for her help in obtaining the $300,000 grant. D. Wendin stated the Board' s consensus in supporting this request. Larry Hassett, 22286 Skyline Boulevard, La Honda, said he felt the District's first priority should be stabilization of the property by revegetation rather than parking and access projects. N. Hanko said she supported moving the restoration of Horseshoe Lake and a fishing study into this year' s funding. D. Woods noted that this project was not funded by the State grant. D. Wendin asked staff to return at the next Board meeting to report on the effect of moving this project forward to Phase 1. He said he felt it was a consensus of the Board that it wished the analysis to be done and possibly move the project forward. Larry Hassett said he felt the recreational package should not take precedence over sound environmental decisions. He stated that the Board should address the traffic problems on Skyline Boulevard, and said the staging areas should be evaluated, particularly for equestrian access. N. Hanko said she felt the Transportation Committee should review the problem of horse trailer access, and develop a policy dealing with horse trailer st aging. in g g I Charles Touchatt, Portola Heights, stated that he felt planning for the Horseshoe Lake area should not be deferred because grant funds did not cover the project. Motion: N. Hanko moved that the Board tentatively adopt the Use and Management Plan for the Skyline Ridge Open Space Preserve. R. Bishop seconded the motion. Discussion: C. Britton noted the motion should include moving $2500 for the Horseshoe Lake restoration study from 1987-88 funding to 1986-87 funding. The motion as amended passed 6 to 0. Meeting 86-06 Page four B. Proposed Addition to the Sierra Azul Open Space Preserve, Mt. Umunhum Area Surplus Federal_ Propprty on Mts. Umunhum. and Thayer (Report. R-86-20, dated March 6,, 1986) C. Britton reviewed the history of the acquisition, noting that -I--the District had made an offer to purchase the property from the I-deral government in December 1983, and that the offer had been ,accepted in January 1986. He said the basis of the report being considered was to review use and management decisions for the site which had been made in the past, and identify additional use and management recommendations. D. Hansen showed slides of the property, and said staff recommended seven deletions to the use and management recommendations and a new set of recommendations substituted. He noted San Jose State University will be conducting a six month feasibility study of the site as a possible retreat facility. He said that after that period, the District would hire a contractor to do a Master Plan for the site to look at the summit of Mt. Umunhum and Thayer, as well as the surrounding area as a whole. He said the District would, probably be contracting with the current caretaker to continue as an interim caretaker as well as possibly hiring a caretaker to live on-site. He noted the area would be closed until determination is made on the buildings. Discussion centered on possible uses for the buildings. C. Britton noted that the Board has the final decision as to dis- position of the building area, and that other proposals in addition to that of San Jose State University would be considered by the District' s consultant. N. Hanko said she would like assurance that a widespread public notification would be carried out so that other groups could make proposals for the building area, and requested that a process for such notification be proposed by staff. C. Britton said such notification would be done at the end of the six months San Jose State University study and that would be the appropriate time for the notification process to be considered. Loren McQueen, 2633 S,.) Bascom Avenue, Campbell, discussed problems relating to the water system on the site. Dave Billingsley, adjacent property owner, asked about the District' s plans for gating the road. D. Hansen said no additional gates were proposed to be installed. Bill Jennings, representing the Challenger Space Academy, said the Academy felt the site would be ideal for a space education .center for adults and youth. C. Britton stated that San Jose State University would address the basic feasibility of the water system, utilities, and con- dition of the buildings, and that this information would be available to other proposers. C. Britton noted that the interest cost of $2200 for the 30 day close of escrow extension, plus up to $15,000 for caretaking for the first six months was included in the resolution. Meeting 86-06 Page five Motion : D. Wendin moved that the Board adopt Resolution 86-19, a Resolution of the Board of Directors of the Midpeninsula Regional- open Space District Reaffirming the Purchase of Real Estate and Authorizing Officer to Execute Certificate of Acceptance of Grant to District and Authorizing General Manage-- or Assistant General Manager to Execute Any and All Other Documents Necessary or Appropriate to the Closing of the Transaction (Almaden Air Force Station Mt. Umunhum and Mt. Thayer) . N. Hanko seconded the motion. The motion passed 6 to 0. Motion: D. Wendin moved that the Board tentatively adopt the Interim Use and Management Plan contained in the report, including authorization for staff to negotiate and execute interim communication facilities leases, indicate its intention to withhold the property from dedication, and name the property as an addition to the Sierra Azul Open Space Preserve. N. Hanko seconded the motion. The motion passed 6 to 0. C. Mt. Umunhum Area - Sierra Azul Open Space Preserve Use and Management Plan Review (Report R-86-19, dated March 3, 1986) D. Woods stated that staff held a workshop on the site attended by approximately eighty neighbors and absentee property owners. He said that law enforcement problems were addressed, as well as fire protection. D. Woods reviewed the use and management plan summary chart. He said staff would return to the Board with a plan formulated in cooperation with the Sheriff' s Office concerning crime control in the area at the second reading. Beez Jones, Cupertino, noted that the Trails Information and Volunteer Center recommended hiking to the summit of Mt. Umunhum. , D. Hansen stated that the summit was closed, but other areas were open. Motion: N. Hanko moved that the Board tentatively adopt the revised Use and Management Plan for the Mt. Umunhum Area - Sierra Azul Open Space Preserve as contained in the staff report. K. Duffy seconded the motion. The motion passed 6 to 0. D. Status Report on Monte Bello Road Slide (Memorandum M-86-26 , dated March 6 , 1986) D. Wendin stated that additional material had been made available as of the Board meeting date, and was contained in memorandum M-86-28 of March 12, 1986. D. Hansen reviewed the slide damage on Monte Bello Road. He said the County has asked to use a portion of the Picchetti Ranch Area for a temporary road, and that the Stortzes were parties to the District' s agreement with the County. D. Woods reviewed Exhibit B, Conditions for Constructing a Temporary Detour Road. He pointed out the route of the proposed road on a wall map, and discussed the potential impacts on the Preserve and showed slides of the road damage. He noted that M-86-06 Page six the agreement with the County was for a nine month period, and that the area of the detour would be restored by next spring. N. Hanko said she wanted assurance of restoration of the area by the County at the end of the nine month period. D. Hansen said such assurances were written into the agreement with the County. D. Woods said an engineering study would be necessary to determine how Monte Bello Road can be permanently repaired. Ronald Stortz, Sunrise Winery, stated that the road would have an impact on the parking area at Picchetti, but said he was in accordance with the solution, and that he felt consideration had been given the Stort-zes by both the District and the County. Wilma Stark, Manager, Ridge Vineyards, said she appreciated being allowed to go through the Preserve, and hoped that there would be access for trucks, when necessary. D. Woods stated that Supervisor Diane McKenna has offered additional surveillance from the Sheriff' s Department upon request. N. Hanko said she would support the detour road construction, but only as a temporary measure. Harry Hauessler, Los Altos, asked if a penalty would be incurred by the County if repairs to the road were not completed within the nine month period. C. Britton replied that it had been decided a penalty was not feasible, but the District would monitor progress closely. Motion: R. Bishop moved that the Board approve the Permit to Enter and authorize the Vice-Presidence to sign and accept the letter of agreement with the Stortzes. T. Henshaw seconded the motion. The motion passed 6 to 0. E. Long Ridge "School" Road and Gates Proposed Resolution of Problem wIth Tortola Park' Hex ght's Nei ghbors '(Memorandum M-86-27, dated March 7, 19 86) D. Hansen reviewed the problem with locks on the gates of the "School" road, noting the District has tried to restrict use of the road for emergencies only. He stated that he, Supervising Ranger John Escobar, and Directors Henshaw and Wendin had met with neighbors to discuss and formulate a new agreement. He said the agreement had been reviewed by District Counsel. T. Henshaw discussed the meeting with the Long Ridge neighbors, and said she felt some of the problems had been resolved. D. Wendin stated he felt that the District and Long Ridge neighbors were close to formulating a final agreement and said he hoped this would be ready to present at the next Board meeting. C. Touchatt thanked Directors Henshaw and Wendin, D. Hansen, and J. Escobar for meeting with the neighbors. Motion : R. Bishop moved that the Board approve the formation of an ad hoc committee composed of Directors Henshaw and Wendin to continue discussions with Preserve neighbors and attempt to formulate an agreement. N. Hanko seconded the motion. The motion passed 6 to 0. Meeting 86-06 Page seven F. Proposed Addition to Legislative Program to Support SB 1717 (Memorandum M-86-17 , dated February 10, 1986) C. Britton stated that he had testified at the bill' s first com- mittee hearing on March 1.1 in Sacramento, and said the bill did not get out of committee, but the response was good. Motion: N. Hanko moved that the Board add priority A support for SB 1717 to its Legislative Program. R. Bishop seconded_ the motion. The motion passed 6 to 0. G. Request to Authorize State of California Department of General Services Administration to Purchase Certain Items for the District (Memorandum M-86-25, dated March 6 , 1986) D. Hansen stated staff was seeking Board's approval of a resolution that would be filed with the State. Motion: K. Duffy moved that the Board approve Resolution 86-20 of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing the Department of General Services Administration of the State of California to Purchase Certain Items for the Midpeninsula Regional Open Space District. T. Henshaw seconded the motion.- The motion passed 6 to 0. VII. INFORM ATIONAL REPORTS D. Hansen announced that the District had been nominated for a $100,000 restoration grant for the Picchetti Ranch Area. He said the money would apply to preservation of the buildings. D. Hansen stated the survey work for the Los Gatos Creek Park fence project had been completed and pointed out the location of the trail realignment project on a wall map. He said staff hopes to have the site open to the public by the end of the month. N. Hanko asked if the letter from Michael Irwin concerning an $85 fine incurred for taking his dog to Rancho San Antonio required a response from staff. C. Britton stated he felt a response was not necessary. J. Boland stated that $85 is a standard fine for that particular violation. J. Boland reported on storm damage on the Preserves and reviewed the trails that have been temporarily closed. C. Britton stated that staff is reviewing the Environmental Impact Report on the development of the Guadalupe College property adjacent to the Novitiate property. VIII. CLAIMS Motion: N. Hanko moved the approval of Revised Claims 86-05. T. Henshaw seconded the motion. The motion passed 6 to 0. IX. CLOSED SESSION There was no Closed Session. X. ADJOURNMENT The meeting adjourned at 10 :20 P.M. Joan Combs Secretary CLAIMS No. 86-05 meeting 86-06 MIDPENINS REGIONAL OPEN SPACE DIS _CT Date: March 12, 1986 C L A I M S REVISED Amount Name Description 9213 230.32 Adia Personnel Services Temporary Office Help 9214 504.60 AT&T Information Systems Group Telephone Equipment 9215 90.05 James Boland Reimbursement--Meal Conferences 9216 "5;s99 Brannons Rentals & Sales, Inc. Chair Rental 9217 1 ,000.00 California Advocates, Inc. Legislative Consultant Fee--February 9218 971 .00 Continental Land Title Title Policy and -Escrow Fee--Mazor 9219 13.69 Crest Copies Map Reproduction 9220 79.29 Alice Cummings Reimbursement--Private Vehicle Expense 9221 37.45 The Dark Room Photo Processing 9222 227.20 Discount Office Supply Office Supplies 9223 64.20 Duo-Type Typesetting 9224 208.30 First Interstate Bank Note Paying Agent--1982 Notes 9225 500.00 Foss E Associates Personnel Consulting Fee--February 9226 24.19 The Frog Pond Meal Conference 9227 500.00 David M. Griffith & Assoc.iates, Ltd. Consulting Fee--SB90 Reimbursement Services ti7.57 Harbinger Communications Computer Services 9229 447.91 Hodnick Design Consulting Fee--Office Space 9230 22.67 Home Electrical Field Supplies 9231 141 .24 Honeywell Protection Services Alarm Service 9232 50.28 Hubbard and Johnson Field Supplies 9233 31 .95 Langley Hill Quarry Field Supplies 9234 20.00 Lauren Langford Typesetting 9235 295. 16 Lawrence Tire Service, Inc. Tires for District Vehicle 9236 22.25 Los Altos Garbage Company Dumpster Rental 9237 660.00 Peter Lucchese Electrical Repair 9238 73.56 Monta Vista Garden Center Field Supplies 9239 806.58 _ Pacific Bell Telephone Service . 9240 364.27 Pacific Gas and Electric Company Utilities 9241 178.87 PAD Travel Inc. Out of Town Meeting Expense--Teena Henshaw 9242 42.48 Peninsula Blueprint, Inc. Drafting Supplies 9243 952.41 Peninsula Oil Company Fuel for District Vehicles 9 502.58 Petters Office Furnishings Unlimited Office Furniture 9245 9.44 Rancho Hardware Field Supplies 9246 131 .00 Redwood Trade Bindery Brochure Folding CLAIMS No. 86-05 Meeting 86-06 Date: March 12, 086 REVISED Amount Name Description 9247 9,834.00 Thomas Reid Associates Site Preparation--Hassler 9248 170.00 County of Santa Clara Radio Dispatch Services General Services Agency 9249 101 .08 San Francisco Water Department Water Services 9250 320.10 Shell Gil Company Fuel and Repairs for District Vehicles 9251 271 .38 Signs of the Times Trail Signs 9252 234,000.00 Ticor Title insurance Company Land Purchase--Mt. Umunhum 9253 2,210.01 Ticor Title Insurance Company Interest Expense--Mt. Umunhum 9254 24.00 The Times Subscription 9255 178.87 The Travel Place Out of Town Meeting Expense--Del Woods 2 4 96 68 5 . 9 Union Oil Company Fuel for District Vehicles 1 s 9257 800.00 United States Postmaster Postage Meter 9258 374.00 Valley Title Company Preliminary Title Report 9259 142.07 Sandy Voorhees Reimbursement--Private Vehicle Expense 9260 237.51 Western Fire Equipment Company Field Tools Ctit 77.08 Del Woods Reimbursement--Private Vehicle Expense '62 190.95 ZZZ Sanitation CompanySanitation n Services 9263 521 .00 Creegan & D'Angelo Novitiate Fence Survey 9264 5,253.10;* AT&T Information Systems Telephone Equipment--Rental and Installation 9265 500.00** Raye Girouard Patrol Services--February and Partial Payment of Fee Increase 9266 250.00 Anderson Chevrolet District Vehicle Repair 9268 176.48 Petty Cash Meal Conferences, Office Supplies, Film, Field Supplies and Private Vehicle Expense Issued as emergency check on February 28, 1986 Issued as emergency check on March 4, 1986 i I Distr-buted at 3/26/86 Boaz f Directors Meeting M . FZ . O _ S . O . EM I NENT [SOMA I N PET I T I ON WE THE UNDERSIGNED FEEL EMINENT DOMAIN FOR TRAILS SHOULD NOT BE USED ON HOMEOWNERS LIVING ON UNSUBDIVADABLE LOTS DUE TO THE FOLLOWING FACTS. 1 . Trails are a renewable resource . They are not endangered nor of significant rarity or necessity to warrant condemnation. 2. A trail through a homeowners back yard not only devalues the property, but has a significant effect on family life, and is a low quality experience for the hiker. 3. Thousands of miles of public trails already exist in Northern California alone and there is the potential for thousands of miles of additional trails on existing Government owned land (the largest owner of land in California) 4. There are thousands of acres of land available on the open market and all land is available at one time or another, even if it takes a few generations . NAME ADDRESS PHONE NUMBER s TW a0aT �a 9�o20 /j 4Qa M _ _ �` _ S. _ L-.) _ E:M 1,!%JEPVT 1:)0M44 I M PST x 7' 1 0 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PLANS FOR 50 ' ( FIFTY FEET ) WIDE TRAILS THROUGH PRIVATE PROPERTY . WE THE UNDERSIGNED, FEEL EMINENT DO1,1AIN FOR TRAILS SHOULD NOT BE USED ON HOMEOWNERS LIVING ON UNSUBDIVADABLE LOTS DUE TO THE FOLLOWING FACTS. 1 . Trails are a renewable resource . They are no: endangered nor of significant rarity or necessity to warrant condemnation . 2 . A trail through a homeowners back yard not only devalues the property , but has a significant effect on family life , and is a low quality experience for the hiker . 3 . Thousands of miles of public trails already exist in Northern California alone and there is the potential for thousands of miles of additional trails on existinG Government owned land (the largest owner of land in California) 4. There are thousands of acres of iand avaiiable on the open market and all land is availabie at one time or another , even if it takes a few generations . l NAME ADDRESS PHONE .UMBER 17Gy"3 r :a ,t,*i3}> ;, r<s } I k' i I ��: I I %(k I �` • M _ E:R _ C _ S>' _ C�' _ E:M I,'-I E:—:'rJT (DOME I M PE=—7F x T I ON MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PLANS FOR 50 ' ( FIFTY FEE1I WIDE TRAILS THROUGH PRIVATE PROPERTY . WE THE UNDERSIGNED FEEL EMINENT DOMAIN FOR TRAILS SHOULD NOT BE USED ON HOMEOWNERS LIVING ON UNSUBDIVADABLE LOTS DUE TO THE FOLLOWING FACTS. i . Trails are a renewable resource . They are nog endangered nor of significant rarity or necessity to warrant condemnation . 2 . A trail through a homeowners back yard not only devalues the property , but has a significant effect on family life , and is a low quali:.y experience for the hiker . 3 . Thousand_ of miles of public trails already exist in Northern California alone and there is the potential for thousands of miles of additional trails on existing Government owned land (the largest owner of land in California) G. There are thousands o` acres of land available on the open market and all land is avail-able at one time or another , even if it takes a few genera-.ions . NIAME ADDRESS PHONE N:UMBE R i M _ . _ C _ > _ E' _ E:M I_:,1E�VT (��DNi� I �i P�� x T Oy MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PLANS FOR 50 ' ( FIFTY FEET) WIDE TRAILS THROUGH PRIVATE PROPERTY . WE THE UNDERSIGNED, FEEL EMINENT DOMAIN FOR TRAILS SHOULD INOT BE USED ON HOMEOWNERS LIVING ON UNSUBDIVADABLE LOTS DUE TO THE FOLLOWING FACTS. f . Trails are a renewable resource . They are no; endangered nor of significant rarity or necessity to warrant condemnation . 2 . A trail through a homeowners back yard not only devalues the property , but has a significant effect on family life , and is a low quali;.v experience for the hiker . 3 . Thousandc of miles of public trails already exist in Northern California alone and there is the potential for thousands of miles of additional trails on existing Government owned land (the largest owner of land in California) -41. There are thousands of acres of land available on the open market and all land is available at one time or another , even if it takes a few generations . NAME ADDRESS PHORE NUMBER "LAJO —.1u, -1 I i AL MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PLANS FOR 50 ' (FIFTY FEET) WIDE TRAILS THROUGH PRIVATE PROPERTY . WE THE UNDERSIGNED FEEL EMINENT DOMAIN FOR TRAILS SHOULD NOT BE USED ON HOMEOWNERS LIVING ON UNSUBDIVADABLE LOTS DUE TO THE FOLLOWING FACTS. 1 . Trails are a renewable resource . They are no; endangered nor of significant rarity or necessity to warrant condemnation . 2. A trail through a homeowners back yard not only devalues the property , but has a significant effect on family life , and is a low quali:.y experience for the hiker . 3 . Thousand_ of miles of public trails already exist in Northern Z-alifornia aione and there is the potential for thousands of miles of additional trails on existing Government owned land (the largest owner of land in California) G. There are thousands of acres of land available on the open market and all land is available at one time or another , even if it takes a few genera:,ions . NAME ADDRESS PHONE NUMBER —1215 IV o 2 J73q�_.S�✓G.�-S �N� � �c�2:�*�r���_ 9GIli-:��/�- l • M _ 9:R _ G _ S _ 0 _ E:M I,114-1F7PVT tD(DMfia I M PST x - I C) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PLANS FOR 50 ' ( FTFTY FEET WIDE TRAILS THROUGH PRIVATE PROPERTY . WE THE UNDERSIGNED FEEL. EMINENT DOMAIN FOR TRAILS SHOULD NOT BE i USED ON HOMEOWNERS LIVING OR UNSUBVIVADABLE LOTS DUE TO THE FOLLOWING FACTS. 1 . Trails are a renewable resource . They are not endangered nor of significant rarity or necessity to warrant condemnation . 2. A trail through a homeowners back yard not only devalues the property , but has a significant effect on family life , and is a iow qualify experience for the hiker . 3 . Thousands of miles of public trails already exist in Northern California alone and there is the potential for thousands of miles of additional trails in existing Government owner land (the largest owner of land in California) 4. There are thousands of acres of land available on the open market and all land is available at one time or another , even if it takes a few genera;ions . NAME ADDRESS PHONE NUMBER t — — - 4AO.3 S.J. ftra:; _ ot_yi-877-7 -- /09 ��� y 9w�'lt �s1�����!�'`2 YL 377 1,6. )41 M _ r:z _ O _ S _ C7 _ EM I,INJE:MT IDO0Mr-4 I fV PEA I T I C)M MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PLANS FOR 50 ' ( FIFTY FEET) WIDE TRAILS THROUGH PRIVATE PROPERTY . WE THE UNDERSIGNED FEEL EMINENT DOMAIN FOR TRAILS SHOULD NOT BE USED ON HOMEOWNERS LIVING ON UNSUBDIVADABLE LOTS DUE" TO THE FOLLOWING FACTS. i . Trails are a renewable resource . They are no: endangered nor of significant rarity or necessity to warrant condemnation . 2. A trail through a homeowners back yard not only oevalues the property , but has a significant effect on family life , and is a ;ow quality experience for the hiker . 3. Thousands of miles of public trails already exist in Northern California alone and there is the potential for thousands of miles of additional trails on existing Government owned land (the largest owner of land in California) a. There are thousands of acres of land available on the open market and all land is available at one time or another , even if it takes a few generations . NAME ADDRESS PHONE NUMBER � Pam- — -- uc -??�� 1,5 01 Q - le Lai i •. y M _ 9R _ C _ S _ E _ EYet I,.,JE"-F ID0Mink I M F:::>IE-F 1 -T 10I-,j MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PLANS FOR 50 ' ( FIFTY FEET ) WIDE TRAILS THROUGH PRIVATE PROPERTY . WE THE UNDERSIGNED FEEL EMINENT DGt'AIN FOR TRAILS SHOULD NOT BE USED ON HOMEOWNERS LIVING ON UNSUBDIVADABLE LOTS DUE TO THE FOLLOWING FACTS. 1 . Trails are a renewable resource . They are not endangered nor of significant rarity or necessity to warrant condemnation . 2 . A trail through a homeowners back yard not only devalues the property , but has a significant effect on family life , and is a low quality experience for the hiker . 3. Thousands of miles of public trails already exist in Northern California alone and there is the potential for thousands of miles of additional trails on existinG Government owned land (the largest owner of land in California) �. There are thousands of acres of land available on the open market and all land is available at one time or another , even iF it takes a 'few genera-..ions . NAME ADDRESS PHONE NUMiBER �_ &e'C yr A9 ---- -- — — JsGo -------`"-` "�_ --- �- j_03 i ?ASS At or ' rr I t M - 9R _ CD _ S - 0 _ E:M I-NJ E:PVT ID(D M44 I fV PST x -- I ON MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PLANS FOR 50 ' ( FIFTY FEET) WIDE TRAILS THROUGH PRIVATE PROPERTY . WE THE UNDERSIGNED/ FEEL EMINENT DOMAIN FOR TRAILS SHOULD NOT BE USED ON HOMEOWNERS LIVING ON UNSUBDIVADASLE LOTS DUE TO THE FOLLOWING FACTS. 1 . Trails are a renewable resource . They are nor endangered nor of significant rarity or necessity to warrant condemnation . 2. A trail through a homeowners back yard not only devalues the property , but has a significant effect on family life , and is a low quality experience for the hiker . 3 . Thousands of miles of public trails already exist in Northern California alone and there is the potential for thousands of miles of additional trails on existin8 Government owned land (the largest owner of land in Ca_ ifornia) a. There are thousands of acres of land available on the open market and all land is available at one time or another , even if it takes a few generations . NAME ADDRESS PHONE N.1-R-18ER FIX— AIL'.�— 9A t--.?yes' M _ ER _ 01 _ S _ U.), _ E:M I , E:iVT ID0Mfib I N PST A T py MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PLANS FOR 50 ' ( FIFTY FEET ) WIDE TRAILS THROUGH PRIVATE PROPERTY . WE THE UNDERSIGNED FEEL EMINENT DOMAIN FOR TRAILS SHOULD NOT BE USED ON HCMEOWNERS LIVING ON UNSUBDIVADABLE LOTS DUE TO THE FOLLOWING FACTS. 1 . Trails are a renewable resource . They are nog endangered r.or of significant rarity or necessity to warrant condemnation . 2 . A trail through a homeowners back yard not only devalues the property , but has a significant effect on family life , and is a low quality experience for the hiker . 3 . Thousands of miles of public trails already exist in Northern California alone and there is the potential for thousands of miles of additional trails on existing Government owned land (the largest owner of land in California) 4. There are thousands of acres of land available on the open market and all land is availabie at one time or another , even if it takes a few genera-.ions . NAME ADDRESS PHONE NUMBER Lo'W/ _ - 9 2-Ile - , s 19 -- -1 _--_ -2L21L ou 1 _S'W Le- _C+ W09k /M 7 -0Quo_ —41 1479 -4-ru_w _�� �6 8�/,l ...-�tG•�sso�C � ,/ _�-�'y�`-4c1.��-�,. _ M _ F2 _ C _ S _ _ EMI ; ANT 010M44 I fV F:>1=T I T- I 0%J MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PLANS FOR 50 ' ( FIFTY FEET ) WIDE TRAILS THROUGH PRIVATE PROPERTY . WE THE UNDERSIGNED FEEL EMINENT DCM41N FOR TRAILS SHOULD NOT BE USED ON HOMEOWNERS LIVING ON UNSUBDIVADABLE LOTS DUE TO THE FOLLOWING FACTS. 1 . Trans are a renewable resource . They are not endangered nor of significant rarity or necessity to warrant condemnation . 2 . A trail through a homeowners back yard not only devalues the property , but has a significant effect on family life , and is a low quali-.y experience for the hiker . 3 . Thousands of miles of public trails already exist in Northern California alone and there is the potential for thousands of miles of additional trails on existing Government owned land (the largest owner of land in California) .y. There are thousands of acres of land avaiiable on the open market and all land is available at one time or another , even if it takes a few generations . NAME ADDRESS PHONE NU1,18ER - ---`-� ----- 1 l (, ok^S _10121 C e �J h Q'�-- Cam--- 6603.6 Alk ---- - fin.---- T-AA - ` �-'� a`t E> _ E:M I_:�tE:N ID0M44 I f�I PST I ? I ON MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PLANS FOR 50 ' (FIFTY FEET ) WIDE TRAILS THROUGH PRIVATE PROPERTY . WE THE UNDERSIGNEC FEEL EMINENT DOMAIN FOR TRAILS SHOULD NOT BE USED ON HOMEOWNERS LIVING ON UNSUBDIVADABLE LOTS DUE TO THE FOLLOWING FACTS. 1 . Trails are a renewable resource . 'hey are not endangered nor of significant rarity o: necessity to warrant condemnation . 2 . A trail through a homeowners back yard not only devalues the property , but has a significant effect on family life , and is a low quality experience for the hikes . 3 . Thousand= of miles of public trails already exist. in Northern :alifornia alone and there is the potential for thousands of miles of additional trails on existing Government owned land (the largest owner of land in California) G. There are thousands of acres of land available on the open market and all land is available a:, one tine or another , even if it takes a Tew genera-.ions . Flo � ADDRESS PHONE N'U! B E R It eo L-o J.-1 ,NtQ✓ �� I A (—Law� VOL 7 -06 A- rj, LE e Al JA J 3s/ 7 A -LlA,e Q -!5A-rJ 505.E 96 /� 733 �- 2r1/65- z, 3�� 3 �I Of 33 � RESPONSE ACTION PROPOSED BY STAFF Board President Acknowledge/Respond *AR : d I�JLfC Director_ Acknowledge/Respond _ Staff Acknowledge/Respond Harry H. Ha e u s s 1 e r, Jr . Z Draft Response Attached 1094 Highland Circle _ Staff to be Directed to Prepare Draft Loss Altos , Calif. 94022 Response for Board Consideration per Board Directive(s) _ Other March 12, 1986 Board of Directors MROSD 375 Distel Circle Los Altos , CA 94022 Awo State Senator Rebecca Morgan sent out a questionaire last summer. Questions 9 and 10, and the responses are quite interesting. A copy of the response from Senator Morgans February report is enclosed . On question 9 you will note that 64% of the responses were for greater effort to develope our parks and open spaces to make them more usable for people . In other words , nearly two-thirds of the public feel you are not doing what the district was created for. On question 10. there was a majority for more park and open space purchase. However, not nearly as strong as for developim ent as in question 9. I urge you to take this development "vote" into consider- ation in your budget consideration. Harr H. Haeussler, Jr. encl. } t 4f,•� t'r_�.,:�;,:. ` s�4� ��F _':w r,t`�a. �°•F':..- �-Y�,�, �.^y�"V.�.f>��gr�i u `• �'rat �' �'7r'�r �✓ �' `'+t �r .� r� ���, { . :=� +, � F .fir•�. �. nr�, s+t �t�,�' a ����+S ra-�. ;'. � ,�', . •� i :t � r srti{ �lty P "�}} $� r .,�r� f,� ,� 544 �., �, i:�i f`''y'. v nncc��+'�" +iS�'" 2-t3 v' ., .,,ram � ��` c � 'tq*,ay'.� r �.$�.} „�# e�xe,L�#t'"�" ra ���'1.r.S'✓' ���f^��iY�1^'S�"a'�.t�. ..•r `� yMVG- y a•�_ x'vR'Y✓,.' � T r C'+ L.� by'iC�vC'�Ls'�,b)rlyv�gygF � - '`J,-+�4qS t1,.�`, =:h �;?;'.' �. � t d'. .iycY' �, ��iys r C )` ,M1?t a• w✓��� ��t /y��+';1�k.. sc` I ;i yy ygt �rx� '•�, j� yr Y,A,'.O•fQI�'�.� :i�}2�v.4. Y,��� '+• •'V'' urh7f r :i S; � v Riil W' �R"9.�3','�y 470 AfflK r+v ��`t�''d. �F`4 '✓� e- .C, �� "rL u..n. `y; r �.�.,w+C �:r fn, f} - i ',«Y }v �,� -� . •. n,'w� p ys''Fa•. �ti 7�"' �t. •t'�,c,Y� ',p`�0.rr,�y,:•'F ,�. 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N �.�� Aw 5 ���r aKF,� �.:�. t v � s'�rA �',r•'i r,t.1�;'F''��.+�*.+''�`a�� ' ir_• i Y.,,�, ^•!, a^X,. *9�w.:'� '6. L'3 r{U ,� • 0`+Jf�• X}p�y 1�`" `:> a�' y. k V �s�,tein>,wrv�v�. 4�'"�r �Rti ��ti: S T ��� •�i � f''i � � •7�w � b 3.• r �� > t � X�.'.'P.r��• �., x �r,. ,�,r Y ,�lA +�►. Z ; t4 it �`� r,i'�St` y .4 } ''_: ,' 4 w 4;•„i '?' v�r7 y�r',t A�Y..* r y q'�ty� PF, 1 ✓"" 'li"'S''{F t - ` � � ��;� )£F�.h...rM.. Y 1 3•• �`�" •�x� iyy7i� � 'd j�•'y �`7�,r s� -, Ai T ..! "+••-.''trtlL.l } +t}.,,,:..'K S .,. '. ,t tt f f '� •T �� .�3,, "f yam' 7 ry'Y Y .� �' a t , t�'�,� r .. h a Y s� tc `'�{�rr^�' �-. •r"r: E v�� -'a�•k Fist � yY .,w S,> _ .nk � t 1 ;; r,.S'�' 4 .,n 3t a?y�f•.�'���'r n s �' — 91 �. I Response to 1985 .DistrictQuestionnaire More than 9,000 residents of the IIth Senate District took the time to fill out the questionnaire in last I l'summers newsletter. appreciate very much the time and thoughtfulness response ulness that went into each PP y g f and regret that it was not possible to respond to each one. Many of you made the extra effort to send along comments, which I very much appreciate. For your own information, I pass along the results to you to give a sense of A&h Pou9}neighbors in the IIth Senate District feel about the issues facing our community. 1. Those who identified specific issues as the number one issue: Crime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . 18% Public Education . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . 13% Spending on Welfare . . . . . .. . . . . . . . . . . ... .`. . . . . . . 3% Transportation.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3% Affordable Housing. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . 6% Toxic Contamination . . . . . . . . . . . . .. . . . . . . . . . . . . . . 9% 2. Would you favor raising the gas tax 5 cents per gallon to fund state highways and local road maintenance? Yes 45% No 55% 3. Should the State Legislature call for a federal constitutional convention to propose an amendment requiring a balanced federal budget? Yes 61% No 39% 4. (a) Should girls under 18 be prohibited from receiving contraceptives without the consent of their parents? Yes 26%n No 74% (b) Should girls under 18 be prohibited from having an abortion without the consent of their parents? Yes 45% No 55% 5. What methods of attracting new teachers to the profession do you support? Improved salaries . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . 36% More flexible credentialing requirements-. . . . . .' .,. .':. . 17% None . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...�. . 6% Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . 21% s 6. H w important are community colleges? Veryimportant . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . 71% Somewhat important. . . . . . . . . . . . . . . . . . . . . . .. . . . 18% Not very important . . . . . . . . . . .. . . . . . . . . . . . . . . . . 5% f n industry or tax dollars be used to a 7 If more bands are sold far further toxic cleanup, should additionalees a d . P� Y P Y off the bond? Industry fees. .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . 7$% Tax dollars. 8% 8. Do you favor the use of comparable worth as a basis for setting wages and salaries? For government employees .. . . . . . . . . . . . . . . . . . . . . . 5% For employees in the private sector" . . . . . . . . . . . . .. . . 2% For both of the above. . . . . . . . . . .. . . .. . . . . . . . . .. . . 49% For neither of the above . . . . . . . . . . . . . . . . . . . . . . . . . 34% 9. Should we make a greater effort to develop our parks and open space to make them usable for people? Yes 64% No 36% 10. Do we have enough parks and open space? Yes 43% No 57% i MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D•1,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 DRAFT RESPONSE FOR BOARD CONSIDERATION Mr. Harry Haeussler 1094 Highland Circle Los Altos, CA 94022 Dear Mr. Haeussler: At our March 26 meeting the District's Board considered your letter of March 12 regarding the results of Senator Morgan's survey. Although 64% of the respondents answered "yes" to the question "Should we make a greater effort to develop our parks and open space to make them more usable for people?", it does not necessarily follow that less money should be spent on park and open-space acquisition. In fact, 57% of the respondents answered "no" to the question "Do we have enough parks and open space?". These kinds of surveys depending on voluntary response to a mailing are, of course, broad-brush in nature. More important, however, is the fact that the District has been putting in a tremendous effort toward developing our sites. The attached list shows development projects that have already been completed and those in the active implementation stage. Our biggest development project yet is underway as the District with the assistance of Senator Morgan and others has received a $300,000 State grant towards implementation of Phase I of the Skyline Ridge Open Space Preserve development plan. We welcome your attendance and comments in the Budget Committee meetings as we prepare for the new fiscal year and develop capital improvement and site management plans and budget on a multi-year basis. Sincerely, Daniel Wendin Vice President Board of Directors Enc. cc: Senator Morgan MROSD Board of Directors Herbert A.Grench,General Manager Board o1 Directors:Katherine Dully,Nonette G.Hanko Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin .c--86-14 EXHIBIT "B" CURRENT A�JOR PLANNING AND DEVELOPM`EVT TIMETABLE AND STAFFING REQUIREMENTS PROJECT TASK SCHEDULE PERSONNEL REQUIREMENTS (approved or (1986-1987) anticipated) Hassler Initial Use & Ma t Plan Sp Planning Staff (100%) Initial Development S Planning & Field Staff Master Plan S,F,W,Sp *Planning Consultant Purisima Plans & Specifications W *Planning Consultant Bid Process W,Sp Planning Staff (100%) Construction Phase Sp,S *Contractors & Field Staff .Administration Sa,S,F Planning Staff (100%) Skyline Development Grant W Planning Staff (100%) Plans & Specifications W,Sp *Planning Consultant Bid. Process W Planning Staff (100%) Construction Phase Sp (87) *Contractors & Field Staff Administration Sp,S (87) Planning Staff (100%) Kennedy Road Plans & Specifications Sp *Planning Consultant Bid Process S Planning Staff (100%) Construction Phase F *Contractors & Field Staff Picchetti Plans & Specifications S,F *Planning Consultant (Historic Bid Process W *Planning Consultant Grant) Construction Phase Sp,S (87) *Contractors Administration Sp,S (87) *Lessors Rancho Plans & Specifications S *Planning Consultant (Structures) Bid Process F Planning Staff (100%) Construction Sp (87) *Contractors Mt Umunhum Master Plan Sp,S,F,W *Planning Consultant San Mateo Grant Application Sp Planning Staff (100%) Baylands Los Gatos Initial Use & Mgmt Plan W,Sp (87) Planning Staff (100%) Creek Master Plan Master Plan Update S,F *Planning Consultant I -� T��.ts.�l�tt�J Ca �I['t�.FF T(� D�/Hrl+~��� T�-4� - AC�il v►T1�1,r I Sp = Spring S = Summer F = Fall { W = Winter The Crippled Children's Society Cynthia J. Seheleher of Santa Clara County, Inc. Executive Director 2851 Park Avenue, Santa Clara,Ca. 95050 Phone: (408)24-3-7861 RESPONSE ACTION PROPOSED BY STAFF Board President Acknowledge/Respond Director Acknowledge/Respond _ Staff Acknowledge/Respond Draft Response Attached Staff to be Directed to Prepare Draft Response for Board Consideration per Board Directive(s) Other March 13, 1986 Mid-Peninsula Open Space District 375 Distel Circle, Suite D-1 Los Altos, CA 94022 Dear Members of the Board of Directors, I am writing, once again, on behalf of Camp Costanoan regarding our request to construct a riding ring. We have been waiting now since November of 1984, for approval of this project. We do understand that District staff have attempted to draft a policy for special use proposals, and that this has been delayed. However, we are quite anxious to implement this project in time for our summer program, which begins May 24. This project is made even more urgent, and exciting, due to the fact that we will be contracting with All Seasons Riding Academy, one of the foremost therapeutic riding programs for the handicapped in the country, to provide a riding program for our children this summer! They believe it is vital to have a riding ring available for the program, for reasons of safety and independence. Please consider this a formal request for construction of a ring, as per previous letters. Construction plans for the ring are attached. We would, of course, bear all the expense for building and maintaining the ring, and the District would be named as an insured under our insurance policy. Water and toilet facilities are available near the site, and would be available to the public. We would certainly be flexible and cooperative in any future planning for trail use. We have worked with District Staff, and believe that we can come up with an equitable agreement. We will comply with any stipulations the District may require. I urgently request that this matter be brought to your March 26 Board meeting, so that there would be sufficient time for an agreement to be drawn up for approval at our April 21 Board meeting! Sincerely, Christine Fessler Director, Recreation and Respite Services CF:lb n s� 1 t � 1 X j sYk � c R- _ o 1 1 I II i � r Q 4 9 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415)965 4717 Draft response for Board consideration Christine Fessler, Director Recreatio n and Respite Services The Crippled Children's Society of Santa Clara County, Inc. 3851 Park Avenue Santa Clara, CA 95050 SUBJECT: Proposed Riding Ring Dear Ms. Fessler: Thank you 'for your letter of March 13 , 1986 regarding your proposal to construct a ridingin portion ring on a p of the Monte Bello Open Space Preserve. Our Board of Directors considered this letter at our March 26 meeting. We appreciate your patience in waiting until our policies for out- side special use proposals have been approved by this Board. How- ever, it appears that these policies will not be ready for Board action for at least another two months . Staff has indicated that due to your willingness to provide public amenities , flexibility for future District trail planning needs , and occasional use of the facility proposed, they will be drafting an agreement for District Board approval at our April 9, 1986 meeting. This should allow time for your Board 's approval on April 21. I suggest that you continue to work with our staff to complete the draft agreement for our approval. Very truly yours , Dan Wendin Vice President, Board of Directors cc : MROSD Board of Directors Herter[A.Grench,Genera/Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin M-86-30 (Meeting 86-07 March 26 , 1986) i MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM March 19 , 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; D. Woods , Open Space Planner SUBJECT: Second Reading of Revised Skyline Ridge Open Space Preserve Use and Management Plan On March 12 , 1986 , you tentatively adopted a revised Skyline Ridge Open Space Preserve Use and Management Plan (see report R-86-18 of March 6 , 1986) . As you decided, the plan incorporates one amendment calling for the initiation of a fisheries monitoring program to be conducted in fiscal year 1986-1987 (see item 10 on the attached amended Exhibit A) . In addition, staff was requested to return to you with an analysis of the effects of moving the Horseshoe Lake restoration project forward to fiscal year 1986-1987. The original intent of scheduling this project in the second year was based on the following: A) The highest priority projects that were scheduled in the first year were those that would promote public access and encourage public involvement in the future development of the Preserve and could rea- sonably be accomplished under anticipated staffing levels. B) The restoration of Horseshoe Lake would be an excellent project for public involvement from the standpoint that a portion of the project can be implemented by volunteers. Volunteerism can be best culti- vated from the public awareness which will evolve from public access into the area. C) Initial discussions with the State staff administering the California Environmental License Plate Fund Grant Program suggest that this pro- ject would be an excellent candidate for inclusion with the proposed environmental interpretive facility at Alpine Lake. D) The restoration project would involve the preparation of a plan and acquisition of a portion of the tree farm lease area which was anticipated to occur in the first year. Preliminary restoration plans are underway to identify the needed acquisition areas . Staff feels that the major portion of the project should remain scheduled in the second year because of the aforementioned reasons. The summary chart has been amended, though, to reflect the intent to proceed with the preparation of plans and the acquisition phase of the project, as outlined in part D above. In response to the public comment implying the first year projects were only directed to access improvements such as parking and trails , it should be noted that in the first year we are moving forward with the enhance- M-86-30 Page Two ment project at Alpine Lake which will improve that particular environment as well as encourage public involvement in other eco- logical projects . Recommendation: I recommend that you adopt the Revised Use and Management Plan for Skyline Ridge Open Space Preserve as contained in report R-86-18 and as amended herein. Exhibit A Amended USE AND MANAGEMENT PLAN SUMMARY A. New Use and Management Projects Now Being Considered Proposed Site Projects Funding Anticipated Funding Project (Prioritized) FY 85/86 FY 86/87 FY 87/88 Schedule Project/Funding Notes 1. Interim sign program (5,000) Sp 86 Will improve interim and Master Plan use. POST to contri- brochure bute $5,000 2. Quinn house removal 1,000 Su 86 Hazardous condition 3. Parking area & entry 150,000* Sp 87 Engineering underway near tree farm 4. Parking area & entry 17,500* Sp 87 Engineering underway near Ranch Area 5. Gates and fences 10,000* Sp 87 i 6. Sign program 10,000* 5,000* Sp 87 Coincide w/improvements 7. Alpine restoration 5,000 Fa 86 Study not complete 8. Alpine loop trail 25,000* Sp 87 POST to contribute $10,000 9. Connecting service 75,000* Sp 87 Engineering underway road to Ranch Area 10. Fisheries Study/ 2,500 1,000 Su 86 dear upcstudnueirst Horseshoe Lake monitoring 2nd year 11. Skyline trail 35,000* Sp 88 Connection to Long Ridge needed 12. Telephones and restrooms 55,500* Sp 88 13. Alpine interpretive 60,000 Sp 88 POST to contribute facility $7,000. Study not complete. I 14. Horseshoe restoration 5,000* 14,500* Wi 86 Initiate pZans/acquis. 15. Helicopter pad 5,000 Su 87 Access currently use - able 16. Fire truck access 5,000 Su 87 Access currently use- able 17. Landscape materials 1 ,000 Fa 87 18. Engineering - water 10,000 Wi 88 19. Engineering - septic 10,000 Wi 88 20• Picnic facility 2,000 Sp 88 POST to contribute 2,000 � 21• Planning study - His- 1,000 Subject to discussions torical Society with Sempervirens & proposal further evaluation 5,000 302,000 204,000 * Complete or partial grant funds possible. () Funds not specifically in current budget I i B. COMPLETED EXISTING USE AND MANAGEMENT PROJECTS Funding Anticipated Funding Project Proposed Site Projects FY 86/87 FY 87/87 FY 87/88 Schedule Project/Funding Notes 1. Boat house removal (500) Su 85 Emergency project Collapsed in spring 2. Roadside clearing Su 85 Increased sight distance 3. Remove gas tank (3,300) Wi 85 Emergency project 3,800 C. INCOMPLETE EXISTING USE AND MANAGEMENT PROJECTS Funding Anticipated Funding Project Proposed Site Projects FY 85186 FY 86/87 FY 87/88 Schedule Project/Funding Notes 1. Engineering - roads, 17,000 Sp 86 Partially complete parking & entries 2. Skyline crossing 200 Su 87 signs 3. Environmental study (3,300) Sp 86 Not specifically in at Alpine Lake plan. Partially complete 20,300 200 D. ANNUAL USE AND MANAGEMENT MAINTENANCE PROJECTS Funding Anticipated Funding Project Proposed Site Projects FY 85/87 FY 87/87 FY 87/88 Schedule Project/Funding Notes 1. A-frame maintenance 850 850 Ongoing Normal maintenance 2. Ranger facility 8,425 9,000 Ongoing Total cost for oper- including supplies ating, incl. portable restrooms 3. Ranger residence 1,510 6,500 Ongoing Includes major septic maintenance upgrade 4. Road maintenance 1,150 1,150 Ongoing 5. Sign maintenance 250 350 Ongoing 6. Fence/gate repairs 250 500 Ongoing 7. Water system 1,000 5,000 Ongoing Electrical lines to maintenance the pump are giving out 13,435 24,350 M-86-31 (Meeting 86-07 March 26, 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM March 20 , 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: S. Norton, District Legal Counsel; C. Britton, Land Acquisition Manager; and D. Hansen, Land Manager SUBJECT: Long Ridge School Road Agreement Discussion: Attached is the final draft of the Road Use Agreement for the "school" road at the Long Ridge Open Space Preserve which was discussed at your February 26 and March 12 Board meetings (see minutes of February 26 , 1986 meeting and memorandum M-86-27 of March 7 , 1986) . Copies of the agreement have been forwarded to the Board Ad Hoc Long Ridge Road Committee (Directors Wendin and Henshaw) working on this matter and to Charles and Sandra Touchatt and Candace Stone who would solicit signatures from the Portola Park Heights com- munity, parties to the agreement. Mr. Touchatt has indicated his general agreement to the wording, which is a melding of community and District concerns for the agreement as discussed and generally agreed to at the neighborhood meeting on Sunday, March 7 , 1986 . The cancella- tion aspect of clause no. 6 seems to be the only item of concern at this time. In the forseeable future, or as long as the road is used for emergencies only, renewal should be no problem. However, in the long term interests of retaining District rights and flexibility in behalf of the public, more permanent conveyance of use of the road should not be made. The clause in my opinion represents a workable compromise that serves the needs of the neighbors as a practical matter. Recommendation: I recommend that you authorize the Presiding officer to execute the attached Road Use Agreement with individual members of the Portola Park Heights community which outlines certain approved vehicle uses of the "school" road by adjacent residents of the Long Ridge Open Space Preserve. I also recommend that the Ad Hoc Long Ridge Road Committee continue to work with neighborhood leaders to ob- tain all desired signatures for the agreement. ROAD USE AGREEMENT This agreement is made this day of 1986 by and between the Midpeninsula Regional Open Space District, hereinafter called "District" , and undersigned individuals , residents of the Portola Park Heights Area, hereinafter called "Residents" . WHEREAS , Residents have requested from District occasional, emergency vehicle use of the road commonly called "School Road" on District ' s Long Ridge Open Space Preserve, hereinafter called School Road or Road, and identified as #1 on Exhibit "A" attached, the Parties hereby agree as follows : 1. Residents may place a common lock on the gate on School Road at its junction with Skyline Boulevard, identified as #2 on Exhibit "A" and/or the gate at the junction of Long Ridge Road and School Road identified as #3 on Exhibit "A" , which locks utilize the same key as the Long Ridge Road gate lock identified as #4 on Exhibit "A" . 2 . Residents may pass over School Road and through appurtenant gates by motorized vehicle when a legitimate emergency occurs , and for occasional Road inspection and repair, or with special permission from authorized District staff. Authorized District staff is defined as the General Manager, the Assistant General Manager, the Land Manager, or the Operations Supervisor. An authorized use of the Road would include but not be limited to the need to access Residents ' property to and from Skyline Boulevard over the School Road due to a natural or man-made blockage of the regular access road through the north end of the Long Ridge Preserve. The determination as to when a legitimate emergency exists justifying use of the School Road will be left up to Residents , when the need arises . District staff, however, shall be informed if the emergency warrants continuous passage over the Road for an extended period of time. 3 . Residents shall provide their own key to the locks, and locks will be provided and maintained by the Portola Park Heights Property Associ- ation. Residents will advise tradesmen, visitors, or occasional guests who have been given duplicate keys to the locks to access Residents ' property that they not utilize School Road except in a legitimate emergency. 4 . Residents release District and hold District harmless from any and all claim or liability for injury, death, or damage to persons or property due to passage of Residents or their invitees by vehicle over the School Road during any period, or arising out of any condition of Road, or as a result of any act, neglect, fault, or omission in the exercise of Residents ' privilege to use the Road. 5 . District Ranger staff will issue a citation to anyone who does not have a legitimate vehicle right on the School Road who has not signed this agreement, or a Resident who does not adhere to the conditions of this agreement if they have signed. 6 . This agreement shall run for a period of one year and be then automati- cally renewed on a year to year basis unless either District or Resi- dents give 90-day written notice to the other party prior to the end of the first or subsequent years of termination or change of this agree- ment. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT By Date (over) ROAD USE AGREEMENT Page Two RESIDENTS By By Print name Print name Date Date By By Print name Print name Date Date By By Print name Print name Date Date By By Print name Print name Date Date By By Print name Print name Date Date By By Print name Print name Date Date By By Print name Print name Date Date By By Print name Print name Date Date By By Print name Print name Date Date By By Print name Print name Date Date By By Print name Print name Date Date �* 'f .. IN / t /' � \� .`���_ � � U �'" 11 1 ��. �? aa�•�.�� .. 1 Mm . it j •--i\"��-../^'^� � .��y 1 �`� ��V^.>' �� �\ �'-- J �-,. �. zq' / � 1, l MainQ, \mil 'r \``\�.� , j�^f`I�^~ \7 :' :s `��""tl �"L`• �I np, Long Ridge Roajff �1��•.✓> ,`�~-� //(J��r;�i_;' Via, � ,,`'� �� � ,yod' V ,� '�,_=sz -- `"'� • 3. Gate 1 School Roada � O 2 Gate14� + ? aZZA I f�` JI - 1 _ r�� - --.. � %:i a � `\-.�� _ ", - ---..t i•/i.��- `� \\`� \� � tat. 'I'L"� i 3 i —_ ( Z EXHIBIT "A �.� t` t Long Ridge Open Space Preserve -r ''f�� \ Jim/ r� ,�, •�s:��8o0 ��, ��;j \ scale I 2000 ` North R-86-23 (Meeting 86-07 A, March 26, 1986 I& is MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT March 21, 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager; D. Hansen, Land Manager; A. Cummings, Environmental Analyst; D. Woods , Open Space Planner SUBJECT: Proposed Addition to Skyline Ridge Open Space Preserve (Bullis Property Recommendation: I recommend that you adopt the accompanying Resolution of the Board ofDirectors of the Midpeninsula Regional Open Space Dis- trict 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 to Closing Of the Transaction (Skyline Ridge Open Space Preserve - Bullis Property) I further recommend that you tentatively adopt the Interim Use and Manage- ment Plan recommendations contained in this report, including authorizing staff to negotiate and execute an interim master lease or month-to-month tenancy, not to exceed one year beyond the Bullis ' occupancy date, indi- cate your intention to withhold the property from dedication as public open space, and name the property as an addition to the Skyline Ridge Open Space Preserve . $513,000 of the $813 ,000 purchase price is connected with the 14 acre developed portion of the property and represents a substantial investment in high quality improvements for which the District has no identifiable need in the short term. The remaining 40 acres is important in the short term, however, and the eventual incorporation of the 14 acre inholding into the Preserve is important in the long term. Staff analysis has shown that even on a rental basis about half the costs of the developed portion can be recovered. A long term disposition, if feasible, should recover sub- stantially all of the costs . Thus there is some financial risk, but the benefits of acquiring the entire property outweigh these risks in my opinion. Introduction: The Midpeninsula Regional Open Space District has been offered the opportunity to purchase an improved 54 acre property adjacent to the western boundary of Skyline Ridge Open Space Preserve. Located on Alpine Road south of Skyline Boulevard, the property includes a portion of Old Page Mill Road along Peters Creek, an important historic trail route which ultimately leads to Portola State Park. Roads on the property also offer potential trail connections to the northwestern portion of Skyline Ridge Open Space Preserve and the southern portion of Russian Ridge Open Space Preserve. R-86-23 Page two A. Description of the Site 1. Size, Location and Boundaries The 54 . 14 acre property consists of one nearly rectangular parcel located in unincorporated San Mateo County. Skyline Ridge Open Space Preserve is adjacent to the north and east, while private property lies to the south and west. The main approach to the property is via a long driveway along a 30 foot wide deeded access from Alpine Road, across the north- western corner of Skyline Ridge Open Space Preserve. The property also abuts Alpine Road at a point near the southwestern corner of the site. Old Page Mill Road parallels Peters Creek, the south- easterly boundary of the property. Old Page Mill Road enters the property from Skyline Ridge Open Space Preserve at the point where it crosses Peters Creek, then continues south along a gentle grade above the creek before entering private property to the south. 2 . Topography, Geology and Soils South of Borel Hill, Russian Ridge branches into two ridges. The southeast branch becomes the "backbone" of Skyline Ridge Open Space Preserve while the other branch continues south towards Portola State Park. Between the two ridges lies a steep bowl--the headwaters of Peters Creek. Peters Creek is a tributary to Pescadero Creek which in turn flows into the Pacific Ocean near the Town of Pescadero. The subject property lies on the east side of the southern ridge described above , overlooking Peters Creek and the western slopes of the Skyline Ridge Open Space Preserve. Elevations range from a high point of 2400 feet at the northwest corner to a low of approximately 1600 feet at the southeast corner along Peters Creek -- a drop of 800 feet. The top of the ridge where the improvements are, located is open and grassy, with gentle slopes and magnificent views to the south and west. The balance of the property is heavily forested and drops steeply to Peters Creek. Several jeep trails provide access to Peters Creek. Currently, these are not passable to vehicles due to numerous small landslides . This portion of the property is shown as having moderately high to the highest suscep- tibility to landsliding on the 1978 map of "Landslide Susceptibility in San Mateo County CA" . The site contains some landslides and possible landslide deposits. The underlying rock is primarily Lambert shale composed of dark gray to pinkish-brown mudstone , siltstone , and claystone. Some outcrops of Mindego basalt and related volcanic rocks are also found on the east facing slopes of the property. The San Andreas Fault lies approximately one-half mile east, trending in a northwesterly direction. Eleven miles to the west is the San Gregorio Fault. Both of these faults are active. Lying about four miles southwest is the Butano Fault, considered to be potentially active. The major soil type on the property appears to be Hugo and Josephine loams, very steep, with some Laughlin Sweeny loams, steep and eroded. Hugo and Josephine soils are well drained, having formed under a coniferous forest from the weathered products of sandstone and shale. Bedrock occurs from 2 to 6 feet below the surface. R-86-23 Page three Laughlin and Sweeny soils consist of sloping to very steep terrain that is well drained. These soil types formed on uplands from basalt and sandstone. Depth to bedrock is relatively shallow -- 20 to 36 inches. The vegetation is primarily grasses , with scattered oaks and conifers in sheltered areas. Water is abundant, with two active wells and several active springs in use by the owner. 3 . Vegetation and Wildlife The upper grassy ridge area has been divided into six pastures grazed by horses and cattle , resulting in a low cover of annual grasses and fortis typical of grazed areas . The steep east facing slopes of the property are densely forested. Oak woodland on the upper slopes grades into a mixed evergreen forest of Douglas fir, madrone, oak, and bay. The owner has planted coniferous trees throughout the property, and thick stands of young Douglas fir line portions of the roads. Several large old-growth Douglas fir and Canyon live oak trees are present on the property . Wildlife observed during a visit to the property included three Columbian blacktailed deer grazing on the hilltops, and a western gray squirrel in the forest above Peters Creek. The presence of numerous game trails, deer tracks, and droppings in the forest indicate this property supports a sizable deer population. A small enclosed duck pond on the south-facing slope below the main house is currently occupied by a pair of mallards . The owner has seen bobcat, fox, and mountain lion (the latter once in ten years) on the property. B. Planning Considerations The property is located within unincorporated San Mateo County and is currently encumbered by a Williamson Act Agricultural Preserve Contract that expires September 27, 1988. This contract prevents current division of the property. According to the Government Code , when a public agency acquires Williamson Act land, the property is automatically removed from the Williamson Act contract . A density matrix valuation prepared by San Mateo County indicates that the property would be capable of subdivision into three lots when the Williamson Act contract expires . The parcel is rated medium low on the District' s Master Plan composite rating of suitability as open space land. Acquisition of this property for open space is con- sistent with the San Mateo County General Plan. C. Current Use and Development The main property improvements are located near the highest point of the property in the northwest corner. These improvements include the main house, guest house , swimming pool , rental A-Frame house, caretaker' s quarters, storage buildings , water system, greenhouse, riding ring, roads, fencing, etc. The following brief descriptions are taken from an appraisal Of the property done in January, 1984 . Refer to the attache-81 "Improvement Plan" for the location of these improvements . The main house is a single story ranch style residence built of wood painted board and batt wood siding, wood shake roof and exten- sive glass doors. A wood deck encloses the house on the south, east, and north sides. A concrete deck surrounding the pool is located on the west side. VR-186-23 Page four I I The interior contains approximately 2,001 square feet, including an I entry, living room, kitchen with breakfast area, office , guest bedroom and full bath, master bedroom and full bath. Under the guest bedroom are a sauna and utility room. The house is well oriented on the site, having a southern exposure, and has a very usable floor plan. The guest house adjoins the main house and is of the same style and design. Its 631 square feet contain a living room, kitchenette, bedroom and bath. The pool lies between the guest house and main house. It measures 15 feet x 40 feet and is surrounded by concrete decking. Set up the hill and away from the main house and guest house is a two story A-Frame rental unit, containing an entry, kitchen-breakfast area, living room and two upstairs bathrooms all totalling 843 square feet. The outbuildings include a metal warehouse with two storage sheds attached, horse barn, workshop, open stalls , tack room, and caretaker' s quarters . The total of all these buildings is 3 ,655 square feet. Across from the workshop is a petroleum storage tank and gas pump. There is a greenhouse, enclosed vegetable garden, and riding ring. Additional improvements include gas and propane electric generators, a 3 ,000 gallon underground gasoline storage tank, ar4a10 ,000 gallon propane tank. There are four springs and two small wells on the property with a total storage capacity of 15,000 gallons. Two redwood tanks provide for a pressurized domestic water system and fire system. All utilities are underground. Additional improvements include a paved access road from Alpine Road , fencing, irrigation systems, etc. All the improvements are well maintained, of good to excellent quality, and in a functional and marketable condition. The rental unit is currently leased to two tenants who keep three horses on the property. A caretaker lives in the caretaker quarters . D. Potential Use and Development The purchase of this property will permit development of several key trail segments within Skyline Ridge Open Space Preserve (see attached map) . Hikers and equestrians will be able to continue down old Page Mill Road to cross Peters Creek and enjoy an additional one-half mile trail segment along the creek's west side. In spite of recent rains , Old Page Mill Road remains in good condition, and because of its relatively gentle grades, width, and passage through undis- turbed habitats , it is particularly attractive for group hikes focusing on environmental education. The network of roads and trails on the east-facing slopes of the property connect Old Page Mill Road with the improved area and the northwestern portion of Skyline Ridge Open Space Preserve. A variety of loop trips will be possible. The main road leading to this net- work begins west of the barn. Once a lease of the improvements is negotiated, a new trail could be routed around the complex so Preserve users would not disturb the tenants . There is currently a foot trail connecting the ridgetop to the life estate compound within Skyline Ridge Open Space Preserve. This trail could become part of a potential loop route back to Old Page Mill Road if a new trail section were developed around the periphery of the life estate . f Page five R-86-23 Due to recent rains and the abundant springs, the roads on the property' s east slope have experienced numerous small landslides and are not passable to vehicles. There is only a foot bridge over Peters Creek at the Old Page Mill Road crossing, so the road is not currently usable as a through patrol route for Ranger vehicles. All these potential trail alignments will be considered as part of the use and management planning process. In order to help defray the cost of this acquisition, the entire improved area could be leased to a master tenant on a year-to-year basis at a rent of $4 ,000 to 5,000 per month. The lease could be converted with an existing tenant or new party to a long-term lease (up to 25 years) or to a life estate if the uses prove compatible with Preserve use. Because of the narrowness and curviness of Alpine Road in the vicinity of the entrance road, the complex is felt to be unsuitable for any use which would generate much vehicular traffic. Uses such as a con- ference area or public stable would therefore be inappropriate . An equestrian facility such as a breeding or boarding operation could be considered. If the property is leased for equestrian use, staff is concerned about the effects of horse grazing on the property. It has been the Dis- trict' s experience with the former McNeil, Garrod, and Russian Ridge properties, that lands which are heavily grazed can take many years to recover. The lease should therefore encourage confining horses to paddocks and instituting a feeding program. Only a minimal amount of grazing would be allowed, perhaps on a rotational basis in the various pastures , and its effects would be monitored by District staff. E. Interim Use and Management Recommendations 1. The site w be open for public use following the installation of trail circulation and private residence signs within the lease area, and private property signs on trails leading to adjacent parcels. 2. The existing roads and trails, with the exception of the main residential driveway, may be used by hikers and equestrians , but use of these trails will not be encouraged or included on site maps until the entire trail system can be studied in con- text with the Skyline Ridge Master Plan and the proposed residential lease arrangement. A trails plan for the site will be included in the next Use and Management Plan review, anticipated early in 1987 . 3 . As part of the next Use and Management Plan review, criteria for long term use of the developed area will be presented as a basis for solicitation of proposals to utilize the area by public or private individuals or groups . Emphasis will be placed upon cost recovery of the value of the developed portion. 4 . The group of buildings and immediate area surrounding then will continue to be rented under current rental agreements, as outlined in the Purchase Agreement. Upon expiration of these rental agreements staff will solicit a master least proposal for the entire complex on a month to month or lease basis for a period of time not to exceed one year to allow for long term planning of site use and use of the buildings . R-86-23 Page six 5 . The master lease will address the possibility of continuing a grazing program in conjunction with the use of the stables . Particular attention will be given to evaluating such a program as to its compatibility with other uses, namely hiking and riding ttails, and its potential environmental impacts. The long term use of this area for grazing will be addressed at the time of the next Use and Management Plan review. F. Name I recommend that the property become an addition to Skyline Ridge Open Space Preserve. G. Dedication I recommend that this site not be dedicated at this time as public open space land to allow for the possible trade or sale of a life interest in the developed area of the property. H. Terms The attached Agreement to Purchase Real Property stipulates the terms of sale for the Bullis property. In addition to standard District contract provisions, this agreement includes the following specific considerations: Purchase price of $813 ,000 based upon a value of $300 , 000 for the 40 acre vacant land ($100 ,000 per raw site) , $500 ,000 for the developed 14 acre area including all of the improvements and $13 ,000 for the items of personalty listed in Exhibit "P" of the Agreement. Open Space Management would contribute $3,500 of current budgeted funds to acquire the items of personalty shown with an asterisk on the Exhibit. The balance of the items would be inventoried and included with the rental of the property. Of this amount, $1,000 would come from the consumables budget and District Ranger vehicles would immediately utilize gasoline from the existing undergound 3 ,000 gallon tank based upon the letter of agreement attached. The terms are $213 ,000 payable in cash at close of escrow and the balance of $600 ,000 payalbe over 10 years at seven percent tax-free interest. These notes would be subordinate to all current and future District public note issues . 2 . The purchase payment would include all relocation obligations of District as to the Bullis family. The two occupied satellite buildings may have relocation rights which would be the District ' s responsibility. 3 . The Bullis ' would be able to remain in the main house for 30 days at no rental cost, and they could continue in occupancy for up to an additional six months at $1200 per month. After that period, if they desired to stay, the rental rate would be $2,000 per month, and the District would be free to terminate their tenancy. 4 . The premises would be left in a neat and clean condition with all current storm damage repaired. R-86-23 Page seven 5 . The District would have the option to have the following inspec- tions performed: a. structural and pest control b. roof C. swimming pool d. well and water system If any reports were unacceptable to District (that is disclosing costly problems) , those costs could be negotiated between District and Bullis , and if a satisfactory resolution could not be attained, the Distict could decline to proceed with the purchase. The A-frame is currently leased until Auguest 1, 1986 at a rate of $1200 per month (including the right to pasture three horses) . The caretaker' s quarters are occupied by the ranch manager (B.M. Rickard) who is currently provided free rent in addition to a salary of $1,000 per month. It is the Acquisition staff 's plan that the current ranch manager (who is very familiar with the workings of the entire site) be retained by the Enterprise program on the same basis for a period of six months. In discussions with Mr. Bullis, he would continue to employ the ranch manager during the 30-day grace period beyond close of escrow, and the District would continue the arrangement after that. Any arrangement with the ranch manager would include a waiver of any relocation benefits. Additionally, on an enterprise basis , the existing A-frame lease would be continued while staff found a master tenant to lease the entire improved area on a month-to-month or one year lease basis (the esti- mated rental income would be $4000 - $5000 per month) . Since this exceeds current policy limits ($25 ,000 per year) , part of the recommendation to you includes approval of this proposal. During the lease period, staff would search for a long-term tenant (s) or a buyer for a life interest on the entire ranch complex. Details of a longer-term procedure would be returned to you for process approval in conjunction with use criteria developed in the use and management planning process . A summary of the approximate timing for the planning and lease process is as follows : May 1986 Close of escrow, beginning of grace period on main house and month-to-month occupancy of A-Frame and caretaker 's quarters. June 1986 End of grace period on main house, continuance of month- to-month agreement including main house. Nov. 1986 End of hold-over period on main house and end of interim agreement with ranch manager. Beginning of month-to-month or year lease to master tenant if possible. Apr. 1987 Use and Management Plan presented to include timing and process for locating a master tenant on a long-term basis or a life occupant. Oct. 1987 End of short term lease period, selection of long-term tenant or life occupant. POC Site Map Borej t-U.' \� X ,l Skyline Ridge Open Space Preserve J- Z6 Scale 11' = 20001 North A Closed j, Area Awt zi Ilk E53 m i 4* 10 ------------- j Skyline Ridge � � J' r,'. r ems : �O`z\ Open Sp 7 ace Preserve , �.�. \ •.� - "`---•r=�." � I ��\\ � i\ 'c t7 u 7� "'Private rty( )\ - IMENNRQ"''ram'% r� � ``\��`�-�`\ ��- � / ��( �'� A � \� ���� `;•\�V \ '�'� ` �..- '` lit �\\1� \\� � � � ���' '� �����("" I ,���{si, _ _ � �� �K "I- L Alto LOS , 0 v\ MOO,3 M.011 A'. 7 I ti 6 5 stones13 \\ / r � �1 �,�, perm3lente g r �\ 1 1 � I' - ��`� i � 1 (f � �,� �e -ol A rockers 7 Cur� vt .e SARATOGA f. Sarat X. m r�g, , IMPROVEMENT PLAN ORIENTATION .OF IMPROVEMENTS Enclosed Greenhouse veaeta'oie garc.en P:,etal Tractor Barn Storage Riding Riney Pasture Pool 5 Boxstalls Q / Tool Roo ?asture Tack Room -00�; —'�"Iater Storage Enclosed ' Berry Main Guest�uest Garden arden Louse House Enclosed Bird Pens Fire :"Dater Storage Rental House I LETTER OF' AGREEMENT The following agreement made this 21st day of March, 1986 between: Midpeninsula Regional Open Space District 375 Distel Circle, Suite D-1 Los Altos, CA 94022 hereinafter called the DISTRICT, and Mr. Richard Bullis c/o Quinta Ranch Star Route 2, Box 310 La Honda, CA 94020 hereinafter called SELLER/LESSEE. This agreement defines the conditions under which both DISTRICT and SELLER may jointly utilize one (1) 3, 000 gallon underground fuel storage tank, currently located on SELLER'S property. SELLER estimates the underground storage tank to be filled with approxi- mately 1,200 gallons of super unleaded gasoline. It is hereby agreed as follows : 1) Commencing March 21, 1986, DISTRICT Ranger employees may begin pumping gasoline from SELLER'S tank for the purpose of refuelling DISTRICT'S patrol and/or maintenance vehicles. 2) Also commencing March 21, 1986 , SELLER may continue to pump gasoline from tank for purpose of refuelling one (1) Porsche automobile only, owned by SELLER, for a period not to exceed seven (7) months. Reference is made to Section 9 of the Agreement to Purchase Real Property of even date herewith between DISTRICT and SELLER. 3) Both SELLER and DISTRICT employees shall maintain separate and accurate fuel consumption logs which, at the time of each pumping, shall record: a) the date b) vehicle plate number c) vehicle odometer reading d) fuel meter reading - before pumping e) fuel meter reading - after pumping f) total gallons drawn from tank 4) In the event the fuel tank becomes empty during the term of this agreement, DISTRICT shall provide for the re-filling of the underground tank with super unleaded grade gasoline at DISTRICT expense. Page Two 5) In the event of a malfunction concerning any part of the fuel tank, fuel pump, consumption meter, or any other component associated with the fuel storage/pumping system, DISTRICT may elect to either abandon the system completely, or repair it as DISTRICT expense. 6) In the event the sale of SELLER'S property (approximately 54 acres in San Mateo County) to DISTRICT as contemplated under said Agreement to Purchase Real Property in accordance with said agreement, is not legally consummated in accordance with said agreement, DISTRICT will reimburse SELLER for the amount of fuel it has drawn from initial 1,200 gallons at a rate of $1. 00 per gallon, based on DISTRICT fuel consumption logs; reimbursement for any fuel consumption by either party beyond the initial 1,200 gallons will be cost accounted on a pro rata basis, also at a rate of $1. 00 per gallon. Liability Each party, its employees, agents and family members, agrees to indemnify and to hold harmless the other from any damage resulting from use, care or operation of the underground fuel storage and pumping system. By: Date : Midpeninsula Regional Open Space District By; Date: Richard Bullis I 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 TO CLOSING OF THE TRANSACTION (SKYLINE RIDGE OPEN SPACE PRESERVE - BULLIS 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 Richard S. Bullis and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part thereof, and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certificate of Acceptance to and deed (s) 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. Section Four. The General Manager of the District is authorized to expend up to $10,000 to cover the cost of title insur- ance, escrow fees, interim caretaker, and other miscellaneous costs related to this transaction. Section Five. The sum of $209,500 is hereby ordered to be withdrawn from the Midpeninsula Regional Open Space District 1985 Promissory Note Fund for this purchase. l _,,, .�,� AGRE�.ENT O PURCHASE REAL PROPERTY This Agreerent is made and entered into effective as of the i day of 1986 , by and between RICHARD S . BULLIS (hereinafter "Seller" ) , and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district. formed pursuant to Article 3 of Chapter 3 of Division 5 cf the California Public Resources Code (hereinater "District") . RECITALS WHEREAS, Seller is the owner of certain real property ("the Property") containing approximately 54 acres and located in the County of San Mateo, State of California; being more particularly described in the property description attached to the Preliminary Title Report Number 414530, dated March 4 , 1986 from Stewart Title of California, said Report being attached hereto as Exhibit "A" and incorporated herein by this reference; and WHEREAS, District was organized as a public district to acquire real and personal property for public park, recreation, conservation and open space purposes in the San Francisco Midpeninsula area; and i WHEREAS the Pr operty ertY has natura l beautY, open space ce and recreational value currently of interest to District; and WHEREAS, Seller desires to sell and District desires to purchase the Property for the consideration and on the terms and conditions here- inafter set forth. AGREEMENT 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 does hereby agree to sell to District and District hereby agrees to purchase from Seller the Property as described in said Exhibit "A" upon the terms and conditions hereinafter set forth. 2. Purchase Price. The total purchase price ( "Purchase Price") for the Property shall be Eight Hundred Thirteen Thousand and No/100 Dollars ($813,000 . 00) , which shall be payable as follows:_ (a) A down-payment of Two Hundred Thirteen Thousand and No/100 Dollars ($213,000 . 00) to be paid in cash at the "Closing, " as defined in Section 3 hereof; and I Agreement to Purch-se Real Property Page Two Bullis (b) A Promissory Note in the form attached her as Exhibit "B" and incorporated herein by this refer- ence for the balance of said 'total purchase price of Six Hundred .Thousand and No/100 Dollars ($600 , 000. 00) , secured by a First Deed of Trust in the form attached hereto as Exhibit "C" and incor- porat-ed herein by this reference, recorded against the subject property (provided however that said Note, shall be junior and subordinate to the "Midpeninsula Regional Open Space District 1982 and 1985 Negotiable Promissory Notes" and any and all subsequent public note issues of the District) . Said Promissory Note shall be payable in twenty semi-annual principal install- ments of Thirty Thousand and No/100 Dollars ($30 ,000. 00) , or more, together with accrued, tax-free interest, at the rate of seven percent (7%) per annum on the unpaid balance, and continuing until said principal and accrued interest are paid in full . The first such payment to be made on or before the anniversary date of the close of escrow. 3. Escrow. Promptly upon execution of this Agreement, in accordance with Section 14 .18 herein, an escrow shall be opened at Stewart Title of California, 900 Veterans Blvd. , #200, Redwood City, CA 94063, (415) 369-8265 , ATTN: Gia Lonza, or other title company acceptable to District and Seller ("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 the Escrow Holder may reasonably require. This Agree- ment 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 May 5, 1986; provided, however, that the partid8 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 .,.',,an 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. Agreement to Purchase Real Property Page Three Bullis (c) Seller shall retain possession of the Property conveyed up to and including the date of Closing, except as pro- vided in Section 9 herein. All rent and deposits col- lected by Seller and applicable to any period thereafter shall be paid to District in escrow. Either party hereto collecting rents to which the other party is entitled shall forthwith pay such amount to the other as is necessary to comply with the provisions of this Agreement. (d) Seller shall deposit into the escrow on or before the Closing an executed and recordable Grant Deed, in the form attached hereto as Exhibit "D" and incorporated herein by this reference, covering the Property as described in said Exhibit "A" . Seller shall also deposit into escrow a signed bill of sale (including any "pink slips" for vehicles or other necessary evidence of sale) for all of the items of personalty being acquired by District as part of this transaction pursuant to Section 8 hereinbelow. (e) District shall deposit into the escrow, on or before the Closing: M the required Certificate of Acceptance for the Grant Deed, duly executed by District and to be dated as of the Closing; (ii) the Promissory Note (Exhibit "B") , duly executed by District and to be dated as of the Closing; (iii) the Deed of Trust (Exhibit "C") , properly executed and acknowledged; (iv) District's check payable to Escrow Holder in the amount of Two Hundred Ten Thousand and No/100 Dollars ($210 ,000 .00) . (f) District shall pay the escrow fees, documentary transfer taxes, the CLTA Joint Protection policies of the title insurance described below, and all recording costs and fees. All other costs or expenses not otherwise pro- vided 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. Agreement to Purchase Real Property Page Four Bullis (g) Seller shall cause Stewart Title of California, 900 Veterans Blvd. ,- #200 , Redwood City, CA 94063, or other title company acceptable to District and Seller, I Co be prepared and committed to deliver to District and Seller standard coverage CLTA Joint Protection Policy of Title Insurance, dated as of the Closing, insuring District and Seller each in one amount of $800,000. 00 for the Property showing title to the Property vested in fee simple in District, subject only to: (i) current real property taxes; (ii) the Deed of Trust referred to in Section 2 (b) herein; (iii) the listed exceptions 1, 3 , 4 , 5 and 7 set forth in said Preliminary Title Report attached hereto as Exhibit "A" ; (iv) the printed exceptions in a standard form. of CLTA Joint Protection Policy of Title Insur- ance; (v) those additional title exceptions as may be acceptable to District. In the event District dis- approves of any additional title exceptions and Seller is unable to remove any District disapproved exceptions before the time set forth for the Closing, District shall have the right either: (i) to terminate the escrow provided for herein (after giving written notice to Seller of such disapproved exceptions and affording Seller at least twenty (20) days to remove such exceptions) and then Escrow Holder and Seller shall , upon District's direction, return to the parties depositing the same, all monies and documents thereto- fore delivered to Escrow Holder or; (ii) to close the escrow and consummate the purchase of the Property. (h) 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: W cause the Grant Deed and attendant Certificate of Acceptance to be recorded in the Office of the County Recorder of San Mateo County and; (ii) cause the Deed of Trust to be recorded in the Office of the County Recorder for San Mateo County. Upon the Closing, Escrow Holder shall cause to be delivered to District and Seller originals of the policies of the title insurance required herein, and to Seller the promissory note and Escrow Holder' s check for the down payment on the Purchase Price (less Seller's portion of the expenses described in Section 3 (e) ) , and to District and Seller as the case may be, all other documents or instruments which are to be delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall return all monies , documents or other things of value deposited in the escrow to the party depositing the same. Agreement to Purchase Real Property Page Five Bullis 4. Rights and Liabilities of the Parties in the Event of Termination. In the- event this Agreement is terminated and escrow is cancelled 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 reserves any other rights and remedies which it may have against any other party by reason of a wrongful termina- tion or failure to close escrow. 5. Seller' s Representations and Warranties . For the purpose of inducing District to enter into this Agreement and to consummate the sale and purchase of the Property interests in accordance herewith, Seller represents and warrants to District that as of the date this Agreement is fully . executed and as of the date of Closing: 5. 01 Authority. Seller has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder. 5. 02 Valid and Binding 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 Property interests described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which Seller is a party or by which Seller may be bound or any articles, bylaws or cor- porate resolutions of Seller. 5. 03 Good Title. Seller has and at the Closing date shall Have good, marketable and indefeasible fee simple title to the 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. Agreement to Purchase Real Property Page Six Bullis 5. 04 No Undisclosed Leasehold Interests . There exist no oral or written leases or rental agreements, except for the "A-Frame" lease and Caretaker 's Quarters agreement, affecting all or any portion of the fee parcels nor are there persons occupying or entitled to occupy all or any portion of the fee parcels. Seller further warrants and agrees to hold District free and harmless from and against 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, rental agree- ment, or occupancy of the fee parcels (including, without limitation, relocation payments and expenses provided for in Section 7260 et sec . of the California Government Code) . 6. Relocation. It is understood and agreed by and between the parties hereto, that the payment stipulated in Section 2 hereinabove, includes, but is not limited to, the full and total relocation obligation District may have as a result of this transaction and includes payment for any and all claims Seller (or those claiming through Seller) may have for relocation assitance benefits and/or payments including, but not limited to: relocation advisory assistance, rental differential payments, purchase differential payments, interest differential payments, down payment assistance, actual and reasonable moving expenses, self-move expenses, loss of tangible personal property, searching expenses, in-lieu payment or business and farm relocation assistance, pursuant to California Government Code Title 1, Division 7, Chapter 16 (Section 7260 et seq. ) . 7. Miscellaneous Realty Items Acquired. It is understood and agreed by and between the parties hereto that the payment in Section 2 ' hereinabove includes," biit is not limited to, payment for those items enumerated in Exhibit "E" , as attached hereto and incorporated herein by this reference, which are considered to be part of the realty and are being acquired by District in this transaction. 8. Miscellaneous Items Acquired: It is understood and agreed by and between the parties hereto that the payment in Section 2 hereinabove includes, but is not limited to, payment for those items of personalty listed in Exhibit 'T" , as attached hereto and incorporated herein by this reference, which are being acquired by District as a part of this transaction. Agreement to Purchase Real Property Page Seven Bullis 9. Grace Period and Rental. It is agreed that Seller shall have a thirty (30) day grace period, commencing on the day following the date of recordation of the deed conveying title to District, within which to vacate and deliver the main house and, adjacent guest house vacant to District and in good order and condition, without further notice, and immediately thereafter deliver the keys thereto to District and also pay all closing utility bills up to and including the date of vacation; provided, however, that if Seller does not vacate the main house and adjacent guest house within said grace period, District agrees to rent the main house to Seller at the rate of Twelve Hundred and No/100 Dollars ($1200. 00) per month for up to six (6) months using the District's standard form of Residential Rental Agreement, attached hereto as Exhibit "G" and incorporated herein by this reference, commencing the day following the termination of said thirty (30) day grace period. Any holdover by Seller beyond the end of said six (6) month period shall continue on a month-to-month basis at an initial rate of Two Thousand and No/100 Dollars ($2000. 00) per month, pro- vided; however, that District shall be free to request that Seller vacate the premises at any time after said six (6) month period. 10. Risk of Loss. Any risk of loss to the Property for any reason whatsoever shall be, borne by Seller until title to said Property has been conveyed to District by recorded Deed; provided, however that Seller shall continue to be responsible for any risk of loss to the main. house and adjacent guest house, for any reason whatsoever, during the peiord Seller remains on the premises in accordance with the provisions of Section 9 hereinabove. 11. Premises in Good Order and Repair. Since the Property is a "ranch" which includes many structures , trails, roads and appurtenant water systems and the like, Seller agrees to leave the entire premises in good order and repair and disclose all defects to District upon transfer of title, as follows: 11. 01 Maintenance. Until possession is delivered, Seller agrees to maintain heating, sewer, plumbing and electrical systems and any built-in appliances and equipment, as well as all outside locks and window hardware, in good order and repair and to maintain the grounds and to deliver the Property to District with no broken window or shower glass , except that such maintenance obligation shall continue as to the main house and adjacent guest house so long as Seller continues occupancy thereof under the pro- visions of Section 9 hereinabove. Agreement to Purchase Real Property Bullis Page Eight 11 . 02 Storm Damage. Prior to closing Seller agrees to repair all then existing storm damage to the premises , including, but not limited to the repair of fences and gates , restoration of roads and trails, repairs of slides and erosion and the replacement of culverts to insure that the Property is in a neat, safe and clean condition. 11. 03 Removal of Personal Property and Debris . It is understood and agreed that located on the Property being acquired by District are many items of per- sonal Property of Seller and many years accumulation of miscellaneous materials , parts and debris which are not being acquired by District. It is agreed that Seller shall remove these items (the items not listed in Exhibits "E" and "F") from the Property at the direction of District on or before thirty (30) days following close of escrow, with the exception of the main house if Seller continues in occupancy in accordance with Section 9 herein. It is further agreed that from the amount payable under Section 2 of this Agreement, District is authorized to withhold the sum of Five Thousand and No/100 Dollars ($5000.00) to cover District's cost of removing said items in the event Seller fails to perform or to leave the premises in a clean and presentable condition. District shall release the $5000 to Seller if within the thirty (30) days Seller completes the clean-up to District's satisfaction. If Seller does not, District shall give Seller written notice of any deficiency (to be corrected within ten (10) days) , shall continue to withhold the $5000 and may retain $100 per day therefrom as liquidated damages and apply the balance, or an appropriate portion thereof, to, defray any expense incurred by District upon District' s completing the clean-up as provided herein. The remaining balance, if any, shall be refunded by District to Seller. 12 . Inspections and Disclosures . Because the Property has sub- stantial improvements which are a part of the real property that the District is acquiring in this transaction, the District has the option of obtaining the following disclosures and inspection reports: (a) Structural -and Pest Control Inspection . District shall the right to have the Property inspected and to obtain a report from a licensed structural pest control operator. Agreement to Purchase Real Property Page Nine Bullis (b) Roof Inspection. District, at its expense may order a roof inspection from a licensed general or roofing contractor. II (c) Swimming Pool Inspection. District, at its own cost and expense, may order an inspection of the swimming pool and equipment by a licensed general or pool contractor. (d) Well and Water System. Inspection. District, at its own cost and expense, may order an inspection of the well (s) , water system and pumping equipment by a licensed well drilling and pump contractor. (e) Seller' s Disclosures. Seller agrees to provide 'District a standard "Property Disclosure Statement" revealing any unknown or hidden defects in the Property known to Seller, but unknown to District. 12. 01 Timing and Approval of Reports. All of said dis- closures and inspection reports as above mentioned shall be commenced within ten (10) days following acceptance of this Agreement by District pursuant to Section 14. 18 hereinbelow. Each of said reports shall be deemed to have been accepted and approved by District unless written notice to the contrary is delivered to Seller within ten (10) days of receipt of each separate report by District. Such notice shall include specific items listed in said report which may remain disapproved. Within five (5) days following receipt by Seller of any written notice by District of such disapproved report, Seller may (a) elect to pay the cost of all work recommended or required by such report or the specific items identified in the District notice; or (b) elect to pay none or only a portion of the cost of such work. Written notice of such election shall be delivered to District in accordance with the notice provisions of this Agreement. 12. 02 Termination of Agreement. In the event Seller shall not have agreed to pay for the cost of any or all work recommended or required in any reports so dis- approved by District, and absent written agreement between the parties as to the proportionate share of cost of such work, District may elect to pay the balance of the cost of such work, or terminate all rights and obligations of District under this Agree- ment. Written notice of such election shall be delivered to Seller within five (5) days following receipt of Seller' s notice. In the event this Agree- ment is so terminated, the provisions of Section 4 herein shall be applicable. Agreement to Purchase Real Property Page Ten Bullis 13. Waiver of Statutory Compensation. - Seller and District under- stand and agree that Seller may be entitled to receive the fair market value of the property described in Exhibit "All , as provided for by the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646) and California Government Code Section 7267 , and following. Seller hereby waives any and all existing and/or future rights it may have to the fair market value of said property, appraisals, etc. , as provided for by said Federal Law and California Government Code Sections. 14. Miscellaneous Provisions. 14. 01 Choice of Law. The internal laws of the State of California, regardless of any choice of law prin- ciples, shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties. 14,. 02 Attorneys ' Fees. If either party hereto incurs any expense, including reasonable attorneys ' fees, in connection with any action or proceeding 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, whether or not such action or proceeding 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 shall be entitled to recover from the other party reasonable expenses and attorneys ' fees. 14. 03 Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may: (i) extend the time for the per- formance of any of the obligations of the other party; (ii) waive any inaccuracies in 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 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. Any agreement on the part of any party for any such amend- ment, extension or waiver must be in writing. Agreement— to Purchase Real Property Page Eleven Bullis 14. 04 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 par- tial exercise of any right, power or remedy shall neither constitute the exclusion election thereof nor the waiver of any other right, power or remedy available to such party. 14. 05 Notices. All notices, consents, waivers or demands of any kind which either party to this Agreement may be required or may desire to serve on the other party in connection with this Agreement shall be in writing and may be delivered by personal service or sent by tele- graph or cable or sent by registered or certified mail, return receipt requested, with postage thereon fully prepaid. All such communications shall be addressed as follows: Seller: Richard S. Bullis c/o Quinta Ranch Star Route 2 , Box 310 La Honda, California 94020 (415) 948-4900 District: Midpeninsula Regional Open Space District 375 Distel Circle, Suite D-1 Los Altos, California 94022 Attn: Herbert Grench, General Manager (415) 965-4717 Copy To: Stanley R. Norton, Esq. 407 Sherman Avenue Palo Alto, California 94306 If sent by telegraph or cable, a confirmed copy of such telegraphic or cabled notice shall promptly be sent by mail (in the manner provided above) to the addressee. Service of any such communication made only my mail shall be deemed complete on the date of actual delivery as shown by the addressee' s registry or certification receipt or at the expiration of the third (3rd) busi- ness 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 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 con- tained 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. Agreement to Purchase Real Property Page Twelve Bullis 14. 06 Severability. If any of the. provisions of this Agree- ment 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 fur- ther agree to replace such void or unenforceable pro- visions which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provisions. 14. 07 Counterparts. This Agreement may be executed in sepa- rate counterparts, each of which shall be deemed as an original, and when executed, separately or together, shall constitute a single original instrument, effec- tive in the same manner as if the parties had executed one and the same instrument. 14. 08 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. 14. 09 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 corre- spondence, conversations, negotiations, agreements or understandings relating to the same subject matter. 14. 10 Time of Essence. Time is of the essence of each pro- vision of this Agreement in which time is an element. 14 . 11 Survival of Covenants. All covenants of Buyer 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 . Agreement to Purchase Real Property Page Thirteen Bullis 14. 12 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 neces- sary or appropriate to consummate and carry into effect the transactions described and contemplated under this Agreement. 14. 13 Binding on Successors and Assigns. This Agreement and 1 of its terms, conditions and covenants are intended to be fully effective and binding, to the extent per- mitted by law, on the successors and permitted assigns of the parties hereto . 14. 14 motions. Captions are provided herein for convenience only aid they form no part of this Agreement and are not to serve as a basis for interpretation or construc- tion of this Agreement, nor as evidence of the inten- tion of the parties hereto. 14. 15 Pronoun References. In this Agreement, if it be appro- priate, 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. 14. 16 Broker' s Commission. Each party agrees to and does hereby indemnify and hold the other 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 the indemnifying party in connection with this transaction. 14. 17 Execution and Delivery by District. Seller has executed and delivered this Agreement to District on or before March 1986 , and such execution and delivery by Seller shall constitute an irrevo- cable offer by Seller to sell the Property to District under the terms and conditions hereof, conditioned upon the execution and delivery by District of this Agreement to Seller on or before March 31 , 1986. Such delivery shall be deemed complete when delivered to Richard S. Bullis, c/o Quinta Ranch, Star Route 2, Box 310 , La Honda, California 94020 , in accordance with Section 4 herein. 14 . 18 Assignment. 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. Page Fourteen 'ave, car;e_ this Agreement to ___- effective as of _---- 7Z Pdcha_d S . Buliis _ ls tz: ,_ ---- - --- -_ , -ugh— C-) ; Date ACCEPT== - _ _- �-,: - --,_O• Land r�_--_ _ --;n Manager APPRO:' _ = ACCEPTED: President , Board of Directors ATTEST: DlStriC� CI�r;: E Agreement to Purchase Peal Property Page Fifteen Bullis CONSENT OF SPOUSE I certify that: I 1) I am the spouse of Richard S. Bullis who is described as the Seller in the foregoing Agreement to Purchase Real Property, 2) I hereby confirm that the real property which is the subject of the Agreement to Purchase Real Property is P Y my husband' s separate property. 3) I have read the terms and provisions of the Agreement to Purchase Real Property and consent and approve of the same. Executed on , 1986 , at San Mateo, California. JEANNETTE ALPEN BULLIS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Please contact the District office if you want to receive copies of the following Exhibits: Exhibit A Preliminary Title Report Exhibit B Secured Promissory Note Exhibit C Short Form Deed of Trust and Assignment of Rents Exhibit D Grant Deed Exhibit G Residential Rental Agreement Exhibit E (Bullis Property Fixtures Being Acquired as a Part of the Realty) and Exhibit F (Bullis Property Personalty Being Acquired as a Part of the Purchase) are attached PROPERTY ADDRESS: STE`y��RT �.i7,I,�4� ESCROW OFFICE: 310 4lpine Road OF CALIFORNIA Redwood City Office La Hor_da, CA 900 Veterans Blvd. #200 PRELIMINARY REPORT Redwood City, CA 94063 (415) 369-8265 Issued for t :e sole use of: Our Order No. : 414530 Mr. Richard 3ullis Reference: None I c/o Stew-art Title of California . 900 Veterans Boulevard, Suite 200 When replying please contact :Redwood City, CA 94063 Escrow Officer: Cia Lonza In respcnse to the above referenced application for a policy of title insurance, STEWART TITLE GUARANTY 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. ir, Schedule B 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 of said Policy or Policies are set forth in the attached list. Copies of the Policy forms should be read. They are available from the office which issued this report. THIS REPORT LAND 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 COMMITMENTS OULD BE REQUESTED. Dated as of March 4, 1986 at 7:30 a.m. / r�f c'✓fin. Doug J cobson, Title Officer (� I The form of policy of .title insurance contemplated- y this report is: 1) California Land Title Association Standard Coverage Policy - 1973. The estate or interest in the land hereinafter described or referred to covered by this Report is: A Fee. Title of said estate or interest is vested in: RICHARD S. BULLIS. r g t Pie ®g CLTA PRELIMINARY REPORT (Effective 1-1-84) Order No. 414530 The land referred to in this Report is situated in the State of California, County of San Mateo, Unincorporated Area, and is described as follows: A PORTION of the North half of the Southeast quarter of Section 21, T. 7 S. R. 3 W. M. D. S. & M. , more particularly described viz; BEG1144NL G AT the 1/4 section corner in the center of said Section 21; thence South along the North and South center line of said Section, 20 chains to the South boundary of said North half of the Southeast quarter of Section 21; thence East along said last named boundary to the center line of Peters Creek; thence Northerly and Northwesterly along said center line of Peters Creek, approximately a quarter of a mile to the East and Vest center line of Section 21; thence West along said last named line to the Point of Beginning. TOGETHER WITH a right of way 30 feet wide for all road purposes Northwesterly to the Alpine Road from the Northwesterly corner of said parcel of land over the lands of the Grantors in that certain Deed from Howard Black, et ux, to John M. Brown, dated November 7, 1934 and recorded in Book 639, Official Records at Page 376, Records of San Mateo County. Y ALSO TOGETHER with the right of way reserved in Deed from John M. Brown to Barney Hallson, dated September 12, 1939 and recorded November 16 1939 9 9 in Book 869 at Pa ge 213, Official Records of San Mateo County; said right of way being described in said Deed as a right of way y for road from the said old Pa purposes ge Mill Road down the Hill towards Peters Creek on a useable grade to connect with the extension of Old Page Mill Road and along the same to the center line of Peters Creek and lands of Grantor. APN 080-282-020 JPN 080-028-282-02 i EX'AI BIT Page of SCHEDULE A 2 CLTA Preliminary Report STENVART TITL �` 1 1 84 GUARANTY COMPANY Order No. 414530 At the date hereof, exceptions to coverage in addition to the printed exceptions and exclusions contained in a Policy of Title Insurance are as follows: 1. General and Special County and Municipal Taxes and Assessments for the Fiscal year 1986/1987, a lien not yet due or payable. 2. General and Special County and Municipal Taxes and Assessments for the Fiscal Year 1985/1986, a lien as follows: 1st Installment :$501.71 PAID 2nd Installment :$501.71 DUE Code Area :066-005 Parcel No. :080-282-020 Real Estate :$29,958.00 Improvements :$74,218.00 Exemptions :$ 7,000.00 3. The lien of Supplemental Taxes, if any, assessed pursuant to the provisions of Chapter 498, Statutes of 1983 of The State of California. 4. Easement's for road purposes over that portion of said land lying within Old Page Mill Road and Alpine Road. 5. An Easement for the free flow of water over that portion of said land lying within the bounds of Peters Creek. 6. A Deed of Trust to secure an indebtedness of $72,000.00 Trustor :Richard S. Bullis, a married man Trustee :Continental Auxiliary Company, a California corporation Beneficiary :Bank of America NT&SA, a national banking association Dated :September 15, 1971 Recorded :October 8, 1971 in Volume 6027 at Page 132, Official Records Loan No. :NONE SHOWN Information concerning the above mentioned loan may be obtained From :Bank of America NT&SA Address :Burlingame Avenue & Park Road Burlingame, CA 7. Any discrepancies, *conflicts in boundary lines, shortage in area, encroachments or any other facts which a correct survey of the herein described land would disclose which are not shown by the public records. NOTE: 1. There have been no conveyances of said land recorded within six months prior to the date of this report. GL/DJ/sr 3-17-86 EXHIBIT 30 P3.3 W-B wf SCHEDULE B CLTA Preliminary Report 3 WART TITE,L 1-1-84 STIE GUARANTY COMPANY ems.. f 4.` � � E -. � ',� ,• d ti�' re ;'� � ,.-- ti 'IJ"r' 4 . pry• '�`Ihr fp,R� � .3a i �1z •,# Imo, 11m, JH•JO'! i0• O xJJ•f 10• /� Jp•N'J lri• �.� TAX CODE AREA___ZONING___._- x PWAs J.o _� 3 1,`I ��`� Ifir g p_2 _17 15 rN•oM1/•I N!J•wY lO' �� \ $so"" n.u• GL/�� 1 ?0. ?/ xt7•Jow as 7{■ R1jQa��� - 1—r Mi -----• _ ,� \ - _/� u si' 0 x/V!'w .Jd' 1 \ Z • r r,J IJJHl'!IC Z 1� p �.___ , 27 �" I \ As 4 mwlow 71' } y� NJ7•JOY Jd � 1 Nat'! u� 'x»•l0Y Nw' � w6Q` � ��' �'0�r 1 r Ct1 —. Nl•M1• i V '�+ t. �'� 400, NNY re. m O /NN•[/d0• � 24 Nu•Jo'w,o& i 71, NrJ•Jv%e ao0l- Now Adal - J ` Nl•w JIO•- I J l- LT it �� ilij.._ 0 D _ 1L U) rt o c z `L 'rU4 ~ fJ- ZZF�— (1 O,Al. AJJFJJO,f'J MAR COVNYY or !AN MAUDI CALF, uo'r »-At PRELIMINARY REPORT LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1973 SCHEDULE This policy does not insure against loss or damage,nor against costs,attorneys'fees or expenses,any or all of which arise by reason of the following_ Part l 1. Taxes cr assessments which are not shown as existing liens 7. Any law, ordinance or governmental regulation (including by the reccr*,:s of any taxing authority that levies taxes or but not limited to building and zoning ordinances)restricting or assessments on real property or by the public records. regulating or prohibiting theoccupancy.use or enjoyment of the Proceedings by a public agency which may result in taxes or land,or regulating the character,dimensions,or location of any assessments, or notices of such proceedings, whether or not improvement now or hereafter erected on the land,or prohibit- shown by the records of such agency or by the public records. ing a separation in ownership ora reduction in the dimensions or 2. Any facts,rights,interests or.claims which are not shown by area of the land, or the effect of any violation of any such law, the public records but which could be ascertained by an in- ordinance or governmental regulation. spection of the land of by making inquiry of persons in pos- 8. Rights of eminent domain or governmental rights of police session thereof. power unless notice of the exercise of such rights appears in the 3. Easements.liens or encumbrances,or claims thereof,which public records. are not shown by the public records. 9. Defects, liens, encumbrances, adverse claims, or other 4. Discrepancies,conflicts in boundary lines,shortage in area, matters (a) created, suffered, assumed or agreed to by the encroachments, or any other facts which a correct survey would insured claimant: (b) not shown by the public records and not disclose, and which are not shown by the public records. otherwise excluded f(om coverage but known to the insured 5. (a) Unpatented mining claims: (b) reservations or excep- claimant either at Date of Policy or at the date such claimant tions in patents or in acts authorizing the issuance thereof; (c) acquired an estate or interest insured by this policy or acquired water rights, claims or title to water. the insured mortgage an no t of disclosed sc osed in writing 6. An rig ht, title interest, g by the insured estate r e e o easement in I Y 9and beyond claimant to the Company prior to the date such insured claimant the lines of the area specifically described or referred to in became an insured hereunder.(c)resulting in no loss or damage Schedule A.or in abuttingstreets,roads,avenues alleys,Ian y , es, to the insure d claimant;_ t, (d)attachingor created subsequent t q o ways or waterways,but nothing in this paragraph shall modify or Date of Policy; or (e) resulting in loss or damage which would limit the extent to which the ordinary � o d na right of ry g o abutting owner not have been sustained if the insured claimant had been a pur- for access to a physically open street or highway is insured by chaser or encumbrancer for value without knowledge. this policy. 2. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY FORM e - 1970 (AMENDED 10-17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law,ordinance or government regulation(including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy,use or enjoyment of the land,or regulating the character,dimensions or location of any improvement now or hereafter erected on the land,or prohibiting a separation in ownership or a reduction in the dimensions of area of the land,or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens,encumbrances,adverse claims,or other matters (a)created,suffered,assumed or agreed to by the insured claimant; (b)not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant;(d) attaching or created subsequent to Date of Policy;(e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. (List of Printed Exceptions and Exclusions Continued on Reverse Side) EXHIBIT Page of STENV-,%.IZT TITEE GUARANTY COMPANY LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (CONTINUED) 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1979 EXCLUSIONS In addition to the exceptions in Schedule B, you are not insured against loss. costs, attorney's fees and expenses resulting from: 1. Governmental police power,and the existence or violation of any law or government regulation.This includes building and zoning ordinances and also laws and regulations concerning: • land use • land division • improvements on the land • environmental protection This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless a notice of taking appears in the public records on the Policy Date. 3. Title Risks: • that are created, allowed. or agreed to by you • that are known to you, but not to us, on the Policy Date- unless they appeared in the public records. • that first affect your title after the Policy Date-this does not limit the labor and material lien coverage in Item 8 of Covered title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in item 3 of Schedule A, or • in streets, alleys, or waterways that touch your land. This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. SCHEDULE 8 - EXCEPTIONS In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees.and expenses resulting from: Part Il' (a) Any rights, interests or claims of parties in possession of the land not shown by the public records. (b) Any easements or liens not shown by the public records. This exception does not limit the lien coverage in Item 8 of Covered Title Risks. (c) Any facts about the land which a correct survey would disclose and which are not shown by the public records. This exception does not limit the forced removal coverage in Item 12 of Covered Title Risks. (d) Any water rights, claims or title to water on or under the land. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. Any law,ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land,or regulating the character,dimensions or location of any improvement now or hereafter erected on the land,or prohibitingseparation a p on in ownershipreductionan t or a ' th e dimen- sions or area of the land. or the effect of any Violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created,suffered.assumed or agreed to by the insured claimant:(b)not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder: (c)resulting in no loss or damage to the insured claimant;(d)attaching or created subsequent to Date of Policy(except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any su equent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is si d. EXH 1 1 Page _�Of]E STEN k IZT Trri.r GUARANTY COMPANY i SECURED PROMISSORY NOTE $600 ,000 . 00 Los Altos , California 1986 FOR VA=E RECEIVED, on or before 1996 in installments as provided below, the undersigned, MIDPENINSULA REGIONAL, OPEN SPACE DISTRICT, a California Public District ( "Maker") , does hereby Promise to pay to the order of UNIVERSITY BANK AND TRUST COMPANY, P.O. Box 89 , Palo Alto, CA 94302 for the Agency Account of Richard S. Bulbs , Number 50-00-1152-02-9 , or at such other place as the holder hereof may, from time to time , hereafter designate in writing, in lawful money of the United States of America, the princi- pal SIU-m of Six Hundred Thousand Dollars ($600 ,000 . 00) , together with interest from the date hereof on unpaid principal at the rate of seven percent (7%) per annum. Should any accrued interest not be Paid when due, as Provided below, it shall be added to unpaid principal and shall thereafter bear interest in the same manner as principal . 1. Payments . Installments of principal and interest shall be due, payable and credited as follows: (a) The principal amount hereof shall be paid by Maker in twenty (20) equal semi--annual installments, each in the amount of Thirty Thousand Dollars ($30 ,000. 00) , and each such installment shall additionally include an amount equal to the accrued and unpaid interest hereunder. Such installments of principal and interest shall be in the amounts and shall be paid on or before the dates set forth in the followina schedule: Aggregate Amount of Principal and Due Date Interest Due 1986 $ 51 ,000 . 00 1987 51 ,000 . 00 1987 48 ,900 .00 1988 48,900 . 00 1988 46,800. 00 1989 46,800.00 1989 44 ,700 . 00 1990 44 ,700. 00 1990 42 ,600 . 00 1991 42,600 .00 1991 40,500 . 00 1992 40,500. 00 1992 38 ,400 .00 1993 38 , 400 . 00 1993 36 ,300. 00 1994 36 ,300 . 00 1994 34 ,200.00 1995 34 ,200 . 00 1995 32,100 . 00 1996 32 ,100 . 00 9XHIBIT Page Secured Promissory Note Midpeninsula Regional Open Space District 1986 , Page 2 In case any date specified above for the payment of principal or interest on this Note shall be a legal holiday, such va,,=ent shall he made on the first succeeding business day. (c) All Pavment-s made hereon shall be applied first to the payment of all unpaid interest accrued hereon to the date Of such payment and the balance, if any, shall be applied to the payment of nrinc-A.3Dal . Interest shall thereupon cease upon the princi-pal so credited. All interest shall be calculated for _= Ctual days on a 36-75 day year basis . 2 . Security. Tnis Nct-e is secured by a First Deed of Trust with Assignment of Rents (the "Deed of Trust") , of even date herewith, executed by Maker, as Trustor, to Stewart Title of California, as Trustee, and naming Lender as Beneficiary, creating a lien on certain -real prcperty, more particularly described therein, located in the County of San Mateo, State of California. 3 . Junior Lien. The obligation of Maker to Lender here- under is secured by the Deed of Trust as above mentioned and, subject to the terms of said Deed of Trust, is and shall be junior and subordinate to the "Midpeninsula Regional Open Space District 1962 Negotiable Promissory Notes" and the "Midpeninsula Regional Open Space District 1985 Promissory Notes', and any and all subsequent public note issues of Maker. Acceleration Due to Change in Law. If after two (2) years from the date hereof the interest payable by Maker hereunder should become taxable to Lender under federal income tax laws, and such fact is evidenced by a written opinion of reputable minicipal bond counsel provided by Lender to Maker, the Maker shall , at the ootion of Maker and within thirty (30) days, either 1) accelerate and pay off all unpaid principal and interest owing on this Note, or 2) adjust the terms of this Note based upon the then prevailing market rate of interest, to the extent allowed by law for such notes, as determined by a bona fide underwriter of such notes. 5 . Acceleration Upon Default. At the option of Lender, the entire principal balance together with all accrued interest thereon shall immediately become due and payable upon the occur- rence of any of the following (hereinafter referred to as an "Event of Default") : (a) default in the payment of principal or interest when due pursuant to the terms hereof; or (b) default in the performance of any obligation or covenant of the Maker contained herein, in the Deed of Trust, or in any other security agreement, deed of trust or other agreement which may hereafter be executed by Maker for the purpose of securing this Note (including any amendment, modi- fication or extension of any of the foregoing instruments) . 6 . Acceleration Upon Transfer. Exhibit "A" attached to the Deed of Trust securing this Note contains the following provision: "In order to induce Beneficiary to make the loan secured hereby, Trustor agrees not to transfer the Property or any portion thereof or interest therein, without the prior written consent of Beneficiary. Beneficiary may grant or deny such consent in its sole discretion and, if consent should be given , any such transfer shall be subject to this Deed of Trust, and any such transferee shall assume all obligations EXHIBIT Page of _J 4 Secured Promissory Note Midpeninsula Regional Open Space District 1 1986 , Page 3 hereunder and agree to be bound by all provisions contained herein . Such assumption shall not, however, release Trustor from any liability under the Promissory Note without the prior written consent of Beneficiary. In the event of any such transfer without the written consent of Beneficiary, Beneficiary shall have the absolute right, at its option , to accelerate and declare the entire principal balance and all accrued and unpaid interest on the Promissory Note, and all other sums secured hereby, i=, zediately due and payable. Consent to one such transaction shall not be deemed to be a waiver of the right to require consent to future or successive transactions. Notwithstanding the foregoing, Beneficiary agrees not to unreasonably withhold its consent to a transfer of the Property to another public agency, provided that such public agency has adequate resources , in Beneficiary ' s judgment, to meet the Beneficiary in the same manner as if paid by the Trustor. As used herein, "transfer" includes the sale, conveyance or other transfer of the property, or any portion thereof or interest therein, whether voluntary, involuntary, by operation of law or otherwise. " 7. Lender' s Delay. No delay or omission on the part of Lender in exercising any right under this Note or under any of the documents referred to in Section 2 shall operate as a waiver of such right or of any other right of the holder hereof. 8 . Maker' s Waivers. Maker (and all guarantors , endorsers and other parties now or hereafter becoming liable for the of payment f this Note) hereby waives diligence , presentment, protest, demand of payment, notice of protest, dishonor, and non-payment of this Note, and other notice of any kind. Maker expressly agrees that, without in any way affecting the liability of Maker hereunder, the holder hereof may extend the maturity date or the time for payment of any amount due hereunder, accept additional security, release any party liable hereunder, and release any security now or hereafter securing this Note. Maker further waives, to the full extent permitted by law, the right to plead any and all statutes of limitation as a defense to any demand on this Note, or on any deed of trust, security agreement, lease agreement, guarantee or other agreement now or hereafter securing this Note. 9. Loss or Destruction. Upon receipt of evidence reasonably satisfactory to Maker of the loss, theft, destruction or mutilation of this Note, and in the case of any such loss, theft, or destruction of this Note, upon delivery of an indemnity bond by the holder hereof in such reasonable amount as Maker may determine , or, in the case of any such mutilation, upon surrender and cancellation of this Note, Maker will execute and deliver, in lieu thereof , a replacement note of like form, tenor and effect. 10. Law. This Note shall be governed by and construed in accordance with the laws of the State of California. 11 . Severance . Every provision of this Note is intended to be severable. In the event any term or provision hereof is declared to be illegal or invalid for any reason whatsoever by a court of competent jurisdiction, such illegality or invalidity shall not affect the balance of the terms and provisions hereof, which terms and provisions shall remain binding and enforceable. EXITT Page of Secured Promissory Note Midpeninsula Regional Open SDace District 1986 , Page 4 12 Waiver. Any waiver, express or implied, of any breach hereof or default hereunder shall not be considered a waiver of any subsequent breach or default. 13 . Section Hea-14ngS. Section headings are solely for the convenience of the parties and are not a part of this Note. 14 . Modification. No provision of this Note may be waived, modified or discharged other than by an 'agreement in writing signed by the party against whom, enforcement of such waiver, modification or discharge is sought. 15 . Assignment. Lender may assign this Note and the Deed of `rust upon obtaining the prior written consent of Maker, which consent will not be unreasonably withheld. 16 . Purchase Money Obligation. It is understood that the indebtedness represented by this Note is the unpaid balance of the piirchase price of certain real property which Lender has. sold to Maker on the date hereof. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District 375 Distel Circle, Suite D-1 Los Altos, California 94022 MAKER: Director Director Director Director Director Director Director EXHIS Page of RECORDING REQUESTEE WHEN RECORDED MAIL TO: Richard S. Bullis c/o Quinta Ranch Star Route 2, Box 310 La Honda, CA 94020 FILE NO. SPACE ABOVE THIS LINE FOR RECORDER'S USE SHORT FORM DEED OF TRUST AND ASSIGNMENT OF RENTS This Deed of Trust,made this day of 1986 ,between MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District herein called TRUSTOR, whose address is 375 Distel Circle, Suite D-1, Los Altos, CA 94022 STEWART TITLE of CALIFORNIA a California corporation, herein called TRUSTEE, and RICHARD S. BULLIS, a married man herein called BENEFICIARY, Witnesseth: That Trustor IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS TO TRUSTEE IN TRUST, WITH POWER OF SALE,that property in San Mateo County,California,described as: Exhibit "A" attached hereto and incorporated herein by this reference sets forth a description of the real property subject to this Deed of Trust and sets forth additional provisions of this Deed of Trust. TOGETHER WITH the rents, issues and profits thereof, SUBJECT, HOWEVER, to the right, power and authority given to and conferred upon Beneficiary by paragraph 10 of the provisions incorporated herein by reference to collect and apply such rents, issues and profits. For the Purpose of Securing: 1. Performance of each agreement of Trustor incorporated by reference or contained herein. 2. Payment of the indebtedness evidenced by one promissory note of even date herewith, and any extension or renewal thereof, in the principal sum of $ 600,000.00 executed by Trustor in favor of Beneficiary or order. 3. Payment of such further surns as the then record owner of said property hereafter may borrow from Beneficiary,when evidenced by another note(or notes)reciting it is so secured. To Protect the Security of This Deed of Trust,Trustor Agrees: By the execution and delivery of this Deed of Trust and the note secured here- by,that provisions(1) to(14), inclusive,of the fictitious deed of trust recorded under date, in the book and at the page of Official Records in the office of the county recorder of the county where said property is located,noted below opposite the name of such county,viz.: REEL IMAGE REEL IMAGE REEL IMAGE COUNTY OR BOOK OR PAGE COUNTY OR BOOK OR PAGE COUNTY OR BOOK OR PAGE Alameda ................ 2210 970 San Francisco .......... B-254 678 Santa Cruz .............. 1890 217 Marin .................. 2223 30 San Joaquin ............. 3221 325 San Mateo .............. 5497 162 Monterey ................ 563 919 Sonoma ................ 2339 251 Santa Clara ............. 8178 33 Napa .................... 789 977 Stanislaus ............... 2227 312 Contra Costa ............ 5660 126 Sacramento .......... 68-07-03 250 Solano ................. 1515 107 (which provisions, identical in all counties, are printed on the reverse hereof) hereby are adopted and incorporated herein and made a part hereof as fully as though set forth herein at length; that he will observe and perform said provisions;and that the references to property, obligations, and parties in said provisions shall be construed to refer to the property, obligations, and parties set forth in this Deed of Trust. The undersigned Trustor requests that a copy of any Notice of Default and of any Notice of Sale hereunder be mailed to him at his address hereinbefore set forth.For any statement regarding the obligations secured hereby,Beneficiary may charge the nraximum amount permitted by law at the time of the request therefor. State of California, County of San Mateo SignatureofTrustor On i_ Midpeninsula Regional Open Space Distric before me, the undersigned, a Notary Public By: in and for said State, personally appeared President, Board of Directors known to me to be President of the Board of Directors of the public district that executed the within instrument, and known to me to be the person who executed the same on behalf of said District executed the same pursuant to resolution. WITNESS by hand and official seal. Signature EXHIBIT (This area for offici 1 sea STC 37 EXHIBIT "A" TO SHORT FORM DEED OF TRUST AND ASSIGNMENT OF-- RENTS (INDIVIDUAL) DATED 1986 ( "Deed of Trust") AMONG MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ( "Trustor") , STEWART TITLE OF CALIFORNIA ( "Trustee") AND RICHARD S. BULLIS ("Beneficiary") , SECURING THE OBLIGATIONS OF TRUSTOR UNDER THE SECURED PROMISSORY NOTE, OF EVEN DATE HEREWITH, IN THE PRINCIPAL AMOUNT OF .$600, 000. (.10 ( "Promissory Note") . DesSrji�ti,,-,n of Real Property ( "The Property") ALL -THAT CERTAIN RE,"_'T PROPERTY SITUATE IN THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: A PORTION of the Nc---'--h half of the Southeast auarter of Section 21 , T. 7 S . R. 3 W. M. D. B . & M. , more particularly described viz; BEGINNING AT the 3-4 section corner in the center of said Section 21; thence South along the North and South center line of said Section-, 20 chains, to the South boundary of said North half of the Southeast quarter of Section 21 ; thence East along said last named boundary to tie center line of Peters Creek; thence Northerly and Northwesterly along said center line of Peters Creek, approximately a quarter of a mile to the East and West center line of Section 21; thencc West along said last named line to the Point of Beginning. TOGETHER WITH a right of way 30 feet wide for all road purposes Northwesterly to the Alpine Road from the Northwesterly corner of said parcel of land over the lands of the Grantors in that certain Deed from Howard Black, et ux, to John M. Brown, dated November 7 , 1934 and recorded in Book 639 , Official Records at Page 376, Records of San Mateo County. ALSO TOGETHER with the right of way reserved in Deed from John M. Brown to Barney Ha' llson, dated September 12 , 1939 and recorded November 16 , 1939 in Book 869 at Page 213 , Official REcords of San Mateo County; said right of way being described in said Deed as a right os way for road purposes from the said Old Page Mill Road down the Hill towards Peters Creek on a useable grade to connect with the exptension of Old Page Mill Road and along the same to the center line of Peters Creek and lands of Grantor. Ad-di-tio-al Provisi -)ns of Deed of Trust Transfer of Property by Trustor. In order to induce Beneficiary to make the loan secured hereby, Trustor agrees not to transfer the Property or any portion thereof or interest therein, without the prior written consent of Beneficiary. Beneficiary may grant or deny such consent in its sole discretion and, if consent should be given, any such transfer shall be subject to this Deed of Trust, and any such transferee shall assume all obligations hereunder and agree to be bound by all provisions contained herein. Such assumption shall not, however, release Trustor from any liability under the Promissory Note without the prior written consent of Beneficiary. In the event of any such transfer without the written consent of Beneficiary, Beneficiary shall have the absolute right, at its option, to accelerate and declare the entire principal balance and all accrued and unpaid interest on the Promissory Note, and all other sums secured hereby, immediately due and payable. Consent to one such transaction shall not be deemed to be a waiver of the right to require consent to future or successive transactions . Notwithstanding the foregoing, Beneficiary agrees not to unreasonably withhold its consent to a transfer of the Property to another public agency, provided that such public agency has adequate resources , in Beneficiary' s judgment, to meet the obligations under the Promissory Note, and that the interest payable thereunder will be tax free to the Beneficiary in the same manner as if paid by The Trustor. As used herein, "transfer" includes the sale, conveyance or other transfer of the property, or any portion thereof or interest therein, whether voluntary, involuntary, by operation of law or otherwise. Junior Lien. The obligation of Maker to Lender hereunder which is secured by this First Deed of Trust as above Mentioned is and shall be junior and subordinate to the "Midpeninsula Op(, � 1 Space District 1982 Negotiable Promissory Notes" and WINT7 I peninsula Regional Open Space District 1985 Promissorpa§*te&.0 and any and all subsequent public note issues of Maker. RECORDING REQUESTED r- ORDER APN WHEN RECORDE'D MAIL TO Midpeninsula Regional Open Space District 375 Distel Circle, Suite D-I Los Altos, CA 94022 ATTN: C. Britton SPACE ABOVE THIS LINE FOR RECORDER'S USE NO TRANSFER TAX DUE Public Agency Acquiring Title (Government Code Section 27383) uranz "eed FOR A VALUABLE CONSIDERATION, RICHARD S. BULLIS, a married man as his sole and separate property hereby GRANT(S) to MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district the following described real property in the County of ,;an Ma State of California: Being more particularly described in Exhibit "A" as attached hereto and incorporated herein by this reference. Dated Richard S. Bullis S'FATE OF CAI,tFORNIA COUNTY OF__ On before me, the under- signed, a Notary Public in and for said State,personally appeared known to me to be the person whose name subscribed to the within instrument and acknowledged that i executed the same. WITNESS my hand and official seal. Signature e Name (Typed or Printed) (This area for Agial EXHIBIT "A" TO Grant Deed (Bullis) The land referred to in this Deed is situated in the State of California, County of San Mateo, Unincorporated Area, and is described as follows: A PORTION of the North half of the Southeast quarter of Section 21, T. 7 S. R. 3 W. M. D. B. & M. , more particularly described viz; BEGINNING AT the 1/4 section corner in the center of said Section 21; thence South along the North and South center line of said Section, 20 chains to the South boundary of said North half of the Southeast quarter of Section 21; thence East along said last named boundary to the center line of Peters Creek; thence Northerly and Northwesterly along said center line of Peters Creek, approximately a quarter of a mile to the East and West center line of Section 21; thence West along said last named line to the Point of Beginning. TOGETHER WITH a right of way 30 feet wide for all road purposes Northwesterly to the Alpine Road from the Northwesterly corner of said parcel of land over the lands of the Grantors in that certain Deed from Howard Black, et ux, to John M. Brown, dated !i November 7, 1934 and recorded in Book 639, Official Records at Page 376, Records of t . San Mateo County. ALSO TOGETHER with the right of way reserved in Deed from John M. Brown to Barney Hallson, dated September 12, 1939 and recorded November 16, 1939 in Book 869 at Page 213, Official Records of San Mateo County; said right of way being described in said Deed as a right of way for road purposes from the said old Page Mill Road down the Hill towards Peters Creek on a useable grade to connect with the extension of Old Page Mill Road and along the same to the center line of Peters Creek and lands of Grantor. APN 080-282-020 EXHIBIT b Page 0 of Bullis Property -- Fixtures Being Acquired as a Part of the Realty General: alarm system in house fire extinguishers and smoke alarms Main House: Living Room: wall-to-wall carpet fireplace screen, grate and implements wiring for stereo and speakers drapes book shelves Kitchen: built-ins: counter top stove two ovens dishwasher bottled water container in closet desk book shelves air conditioner refrigerator Master Bedroom: wall-to-wall carpet drapes wood-buring stove 'Office: wall-to-wall carpet closet that locks Guest Bedroom: drapes wood-buring stove chandelier (or suitable replacement) ceramic tile floor Exterior: rotor-antenna on roof of main house water heaters - gas and electric sauna forced air furnace with water heater automatic cover for swimming pool circulating pump and filter, heater for swimming pool pool equipment and balance of chemicals automatic water softener EXHIBIT E Page of Bullis Property Fixtures Being Acquired as a Part of the Realty Page two Guest Cottage: Living Room: wall-to-wall carpet fireplace screen, grate and implements drapes Kitchenette: built-in gas stove and oven refrigerator Bedroom: wall-to-wall carpet drapes electric water heater A-Frame House: Kitchen: stove wall gas heater washer dryer Living Room: free standing fireplace wall-to-wall carpeting on stairs, upper landing and front bedroom fire extinguishers and smoke alarm Ranch Manager's Quarters: Living Room: wood heater Attached trailer Small T.V. antenna EXHIBIT_rL Page �.► of i Bullis Property -- Personalty Being Acquired as a Part of the Purchase Quantity Description t Shot) 1 * Rockwell table saw, model #34-607 1 Sears, 3 h.p. air compressor 1 * Stihl chain saw, model 041AV, 4 h.p. , 16" bar 1 * Stihl chain saw, model 020AVP, 2 h.p. , 10" bar 1 * Green machine "weed eater" , model #4000 commercial use 1 ACE hardware, 21" cut, 3 .5 h.p. lawnmower 1 Troy bilt rototiller, commercial use 1 Sears deluxe push lawn mower, 181' blades 1 * Hawk, 5 ton floor jack 1 * Tractor sales, 20 gallon portable sprayer, 2 h.p. engine 1 Thor, 6" standard duty bench grinder 1 * Wilton cadet, large heavy duty bench vise 1 Sears Kenmore, powermate vacuum 1 Sears craftsman, electric chain saw sharpener 1 Black & Decker, heavy duty Y' reversible drill 1 Black & Decker, finishing sander, #7480 professional 1 Black & Decker, 7a" blade, 1' h.p. , circular saw 1 Weller, soldering iron, model #82OON 1 Marquette, redi-spot welding gun, model #21 1 * Rockwell, commercial duty powerblock plane, mod. #4690 3 Electric trouble lights 5 Gas cans 2 Block & tackles 1 One (1) ton cable come-along 500 ft. Heavy duty rope 1000 ft. Bailing twine 700 ft. Electric wire 2 Hacksaws 3 * Rigid 24" pipe wrenches 3 * Rigid 10" pipe wrenches 3 * Grease guns 2 * Pipe cutters 1 Portable pipe fitting bench with vise 25 * Taps and dies 5 * Tap and die pipe cutters 14 * "C-clamps" 1 * 16" level, aluminum 1 24" level , wood 2 * 36" crowbars 1 * 12" crowbar 5 * Hand saws 10 * Hammers 2 * Rubber mallets 2 * Tin snips EXHIBIT Fm Page __Uo Bullis Property -- Personalty Being Acquired as a Part of the Purchase Page two Quantity Description Shop (Continued) : 5 Cresent wrenches 1 14" bolt cutter 14 Screw drivers 5 Pairs pliers 2 Scissors 4 Rolls of tape (electric, duct, masking) 5 Wire brushes 30 Open end wrenches 1 Full set sockets and ratchets 1 Full set sockets and ratchets 1 Full set 3/8" sockets and ratchets 10 Metal files 47 (all) High speed drill bits 3 Hand wood drills and bits 3 Sears craftsman small tool boxes 4 T-squares 60 * �1' water pipe fittings 40 * 3/4" water pipe fittings 70 * 111 water pipe fittings 30 * 211 water pipe fittings 50 * 11' PVC pipe fittings 20 * 3/411 PVC pipe fittings 40 Copper pipe fittings 500 Bolts and nuts with washers 60 lbs. Nails 17 Fuel filters 5 gals. Thompson' s water seal 1 gal. Epoxy glue 3 gals. Flecto varathane varnish lk gals. Sears exterior varnish 3 gals. Olympic redwood stain 1 gal . Drestile wood sealer 1 gal. Linseed oil k gal. Wood glue 3 Paint rollers with handles 12 Paint brushes 1 Portable nut and bolt cabinet 1 Johnson & Johnson general first-aid kit 3 Buckets 4 Funnels 1 2-gallon oil drip pan 1 3-gallon drinking water can 1 18-drawer chest, full of wood & metal screws 50 Garden hose fittings EXHIBIT Fw Page --of Bullis Property -- Personalty Being Acquired as a Part of the Purchase Page three Quantity Description Shop (Continued) : 15 �11 plastic sprinkler heads 2 Metal cabinets, 4 shelves 1 Metal cabinet with revolving shelves 12 Light bulbs 1� cases Chevron 1OW-30 oil 1 Gallon hydraulic tractor oil 1 81 extension to 161 metal ladder 1 61 metal ladder 1 6 ' wood ladder 2 Square point shovels 3 Round point shovels 3 Japanese racks 3 Metal racks 2 Hula hoes 1 Potato fork 2 Pitch forks 1 Hand post hole digger 4 Hoes 3 Weed and grass scythes 2 Clippers for bushes with wooden handles 1 10 lb. sledge hammer 1 101 tree saw for pruning 2 Picks 2 Large wheelbarrows 1 Medium wheelbarrow 1 Small wheelbarrow 7 Tree planting tools 1 Long handled axe 1 Short handled axe 3 Brooms 3 Commercial grade extension cords 2 Jaccuzi pumps--1) Model 2JYS-S/F, 4" diameter 2 h.p. 2) 411 2 h.p. 1 Butterfly net Tin Barn: 1 one (1) ton chain hoist 1 Fifty (50) gallon sprayer with 3 h.p. engine 1 Commercial seed spreader 1 Large garden cart with rubber wheels 2 Cords of split seasoned wood 2 Cords of seasoned unsplit wood 1 Viospitter, 8 h.p. hydraulic wood splitter 1 One (1) set patio furniture: 4 tables (all redwood 10 chairs 4 benches EXHIBIT. 4 lounge chairs, 3 V�Vi P4S of 1 end table 3 umbrellas Bullis Property -- Personalty Being Acquired as a Part of the Purchase Page four Quantity Description Tin Barn (Continued) : 5 Round kitchen tables 13 Stackable chairs 1 Wards Signature, freezer, large chest 1 Frigidare, two-door refrigerator 1 General Electric, one-door refrigerator 1 Small, 4-burner electric stove with oven 1 Ten (10) shelf plastic bookcase 2 Sets, twin size mattress and box springs 1 Gas powered 2-man post hole auger (Not at ranch at this time) Tie Stalls: 3 Wooden doors 1 Metal shelved cart 1 Fifty-five (55) gallon drum cart and stand 2 Metal, five (5) drawer file cabinets 10 Metal planter buckets, various sizes 1 Ping-pong table 4 Windows with screens Tractor Barn: 1 John Deere model 40, narrow gauge crawler tractor 1 Cycle mower for tractor 1 Eleven (11) blade disc for tractor 1 Rear mount blade scraper for tractor (All of the above have to be refitted to tractor) 1 Electric portable cement mixer Two hundred (200) feet torching hose 11 Drive belts 25 Sheets of corrugated plastic 10 Sheets of corrugated aluminum 2000feet Electrical wire and conduit 200 lbs. of tractor weights 1 Fifty-five (55) gallon drum stand and cart 300lbs. Scrap and pieced steel and iron EXHIBIT'—C Page *1 Q6� Bullis Property -- Personalty Being Acquired as a Part of the Purchase Page five Quantity Description Outside Storages: 1 Fourteen (141 ) metal gate 1 Ten (10 ' ) metal gate 1 Forty-two (42") wood gate 1 Small 5 ' x 41 wagon trailer Sixty (60 ' ) chain link fence 15 Split rail fence posts 10 Split rail fence rails 500 ft. Barbed wire 100 ft. Woven wire fence 60 ft. Chicken wire 75 ft. Very small woven wire fence 140 ft. * one inch (1") galvanized pipe 90 ft. * One and one-half inch (lY') galvanized pipe 90 ft. * Two inch (2") galvanized pipe 150 ft. One inch (1") plastic pipe 40 ft. One inch (1") pVC pipe 15 ft. Five inch (5") concrete tiles 10 Sixty foot corrugated drain pipes 3 Steel 55 gallon drums 775 ft. Garden hose 4 Twenty-five feet (251 ) hose 6 Fifty feet (501 ) hose 2 Seventy-five feet (75 ' ) hose 2 One hundred feet (1001 ) hose 1 Three-horse antique swing set 1 Large wooden rocking horse 1 Redwood picnic table-with attached--bendhies (10`x61x30_") 1 * Above ground 550 gallon fuel tank with hand pump (inc. remainip 1 One-half ton (31 ton) 1978 Chevy 4x4 pick-up truck gas 1 * Portable Briggs and Stratton engine and pump with fire hose and nozzle mounted on cart 1 Electric sump pump with 20 foot hose 2 Portable fire extinguishers 100 ft. Two inch (2") fire hose with 2 brass nozzles 1 * Electro-motion generator, 4 cylinder propane powered 1 * Wards generator, 9 h.p. gas, 4000 watts 1 Have-a-Heart live animal trap medium sized 1 Satellite dish and rotor 6 Steel fence posts Unknown All remaining super unleaded gas in 3000 gallon underground tank Unknown All remaining propane in above ground rented propane tanks Bullis Property Personalty Being Acquired as a Part of the Purchase Page six Quantity Description Antique Farm Equipment: 1 Large pedal powered sharpening wheel 2 Grass scythes 2 Large timber saws 1 Animal trap 1 Horse drawn dirt scrapper 3 Hand wood files Tack Room: 1 Hotpoint single door refrigerator 1 Five (5) shelf metal cabinet 3 Horse blankets 5 Western cowboy pictures mounted and framed 1 Seven (71 ) long and three (31 ) wide and four (4") thick piece of redwood burl 2 Rubber buckets 2 Braided lead ropes 2 Halters 1 3/8" x 30 ' header rope 1 Portable saddle stand In House: 1 Maytag washer, deluxe multi-cycle 1 Maytag dryer, deluxe multi-cycle 6 Large concrete potted plants 3 4 ' x 21 x 11 redwood planters 5 Large redwood pots for plants 3 3 ' x 11 x 11 redwood planters 20 Potted plants 1 Five foot (51 ) ladder EXHIB T Page I.-of Preserve: Enterprise: Account:: RESIDENTIAL RENTAL AGREEMENT THIS AGREEMENT is made and entered into this day of , 19 , by and between MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district (hereinafter called "District") , and (hereinafter (together] called "Tenant") . RECITALS: A. District is the owner of that certain real property consisting of located at r County of State of California, as more par- ticularly outlined in red on Exhibit "A" attached hereto and incorporated herein by this reference (the "premises") , to- gether with the applicances and other personal property currently on the premises which are listed in Exhibit "B" attached hereto (the "personal property") . B. District desires to lease the premises to Tenant, and Tenant wishes to hire the premises from District, upon the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, the parties agree as follows : 1. Lease of Premises . District hereby leases the premises to Tenant, and Tenant hereby hires the premises from District, for the term, at the rental, and upon the other covenants and conditions set forth herein. Tenant shall also e be entitled to use the personal property during the term of this Agreement , subject to the provisions hereinbelow set forth. 2 . Term. The- term of this Agreement shall commence on , 19 , and shall continue thereafter on a month-to-month basis until (a) thirty (30) days after delivery by either party to the other of written notice of a desire to terminate this Agreement, or (b) termination pur- suant to the provisions of this Agreement hereinafter set forth. 3. Rent. Tenant shall pay to District each month as rent for the premises the sum of Dollars ($ ) . Said rent shall be payable in advance on the first day of each month during the term of this Agree- ment to District at 375 Distel Circle, Suite D-1 , Los Altos, California 94022 , or at such other address as District may from time to time designate in writing to Tenant. District may increase or decrease the amount of monthly rent payable by Tenant to District upon thirty (30) days prior written notice to Tenant. Subject to Paragraph 5 below, rent shall be payabl only by personal check, cashier 's check, money order- IT ��g c Page of I of 4. Late Payments. Tenant and District acknowledge and agree that in the event that Tenant fails to pay rent on or before the fifth (5th) day after the date due, District will incu r damages due among other things to Increased accounting costs and collection costs, the amount of which would be impracticable and extremely difficult to fix. j Tenant therefore agrees to pay five percent (5%) of each such late payment as liquidated damages, which amount repre- sents a reasonable approximation of the damages which are likely to result from such late payment. Such liquidated damages shall be deemed additional rent and shall be due together with rent for the delinquent period. 5 . Dishonored Checks . In the event a personal check ven by Tenant to District for payment of rent shall be dishonored due to insufficient funds, District agrees to ?sake one attempt to redeposit the first (and only the first) of such dishonored cheeks . In the event such check shall again be dishonored, or in the event any additional rent checks shall be dishonored, Tenant shall, after written notice from District so requesting, make all future rent payments to District by cashier's check, money order, or . cash only, and if any such future payment is made in cash, shall deliver the sam 'e i e o n p rson t District s business office rice at the address set forth Paragraph in 3 as the same t i may y bechanged b y District from time to time. 6 . Security Deoosit. Tenant shall upon execution of this ,Agreement deposit with District the sum of , Dollars ($ ) (the "Deposit" ) as security for the full performance and observance by Tenant of each and all of the provisions of this Agreement .to be performed and observed by Tenant. District shall be entitled to use the Deposit or any portion thereof to remedy any default in payment of rent by Tenant, to clean the premises upon termination of this Agreement, and to repair any damage to the premises resulting from Tenant' s occupancy of the premises . District shall return 'to Tenant within two weeks after the later of termination of this Agreement or Tenant's vacation of the premises, the entire amount of the Deposit, without interest thereon, less only such sums as District is entitled to apply against unpaid rent, cleaning the premises, and/or repairing any damage thereto. District shall not be required to keep the Deposit separate from its i general funds. Tenant may not apply the Deposit to rent due under this Agreement without District's prior consent. 7. Possessory Interest Tax. Tenant acknowledges that Tenant's interest in the premises under this Agreement may now or hereafter be subject to a possessory interest tax imposed by the County in which the premises are situated or b other lawful governmental authority. Tenant shall a Y Y pay any such possessory tax prior to delinquency thereof, and shall not be entitled to offset the amount of such tax against rent payable under this Agreement. 8. Use. Tenant understands that it is Dis intention to preserve the open space character of the d— upon which the premises are located, and Tenant a�288 Of use the premises in a manner which is consistent with such intent. Subject to the foregoing sentence, the premises may be used as a personal residence for Tenant and Tenant' s immediate family only, and for no other purpose without District' s prior consent. occupancy by guests staying more than fourteen (14) days without the prior written consent of District shall be considered a breach of the provisions regarding assignment and subletting set forth in Paragraph 16 below. Tenant shall be entitled to keep as pets and not for commercial purposes the following animals: Tenant shall not do or permit anything to be done in or about the premises nor bring nor keep anything therein which will in any way cause a cancellation of any insurance policy covering the premises or any part thereof, or any of its contents . ' Tenant shall not commit or allow to be committed any nuisance or waste in or upon the premises, and shall not permit trash or garbage of any kind to accumulate on or about the premises. Tenant specifically agrees no-'%,-- to cause or permit any cutting of live trees, grading of soil, or hunting of animals in the immediate vicinity of the premises . Tenant 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, statute, ordinance, code, rule, or regulation of lawful governmental authority, including but not limited to District's "Regula- tions for Use of Midpeninsula Regional Open Space District Lands, " and any amendments thereto, which may now be in force or which may hereafter be promulgated, and Tenant shall at all times during the term of this Agreement comply with each of the same. 9. Utilities. Except for which District shall provide at no additional cost to Tenant, Tenant shall pay directly to the charging authority on or before the date when due all charges for any and all services and utilities supplied to the premises, including but not limited to water, gas, electricity, garbage removal and telephone service. District shall not be liable for any failure or interruption of said services or utilities unless caused by the willful misconduct of District. Tenant hereby acknowledges the following special conditions : 10. Maintenance and Repair. (a) Prior to Tenant's taking possession of the premises, Tenant and District shall together walk through the premises and note on a written list any and all items, including appliances and utilities, which may be inoperative or otherwise defective. Except for the special conditions, tions, if any, referred to in Paragraph 9 above, District shall within a reasonable period of time after completion of said list repair such defective items at District' s sole cost. Except for any such defective items, Tenant sha k' possession of the premises, be deemed to have aW* that the premises, as of the date of taking sucks 4Ws -k&,Id) t, are in good, clean, and safe condition, order, an(T "WE-WWW" (b) Subject to the provisions below, Tenant shall, at Tenant's expense, maintain the premises and every part thereof, and the personal property, and the lawn, shrubs, and other landscaping surrounding the premises, in good, safe, and sanitary condition, order, and repair. Tenant shall at all times during the term of this Agreement maintain as a fire break an area at least thirty (30) feet in width surrounding the perimeter of the structures comprising the premises which shall be free of all low-lying brush, dry weeds, and similar flammable materials. Tenant shall maintain said thirty (30) foot fire break in compliance with such reasonable standards and instructions as District shall notify Tenant of in writing from time to time. Except as set forth in Paragraph 10(a) , District shall have no duty whatsoever to maintain or repair all or any portion of the premises, or the personal property, or any personal belong- ,_ngs or leasehold improvements of Tenant. 11. Insurance. Tenant, at Tenant' s sole expense, shall obtain and keep in force during the term of this Agreement a general liability insurance policy with an insurance company satisfactory to District, protecting District and Tenant against any and all liability arising from Tenant' s use of the premises, or from any occurrence, in, on, about, or related to the premises, with a single combined property damage and personal injury limit of $300, 000. All such public liability insurance shall insure performance by Tenant of the indemnification obligations of Tenant set forth in Paragraph 15 hereof, and the policy shall contain a cross-liability endorsement. Tenant agrees to furnish a certificate of such insurance to District naming District as an additional insured on or prior to the date of commencement of the lease term, and again upon any renewal or modification of such insurance. No such policy of insurance shall be cancellable or subject to reduction of coverage or other modification except after thirty (30) days prior written notice to District. The limits of said insurance shall in no event be deemed to limit the liability of Tenant hereunder. 12 . Alterations. Tenant shall not make or suffer to be made any alterations, additions or improvements to or of the premises or any part thereof, without the prior written consent of District. All such alterations, additions, and improvements shall become and rem..-An the property of District immediately upon installation or construction thereof on the premises unless Tenant and District shall otherwise agree in writing. 13 . Liens . Tenant shall keep the premises free from any liens arising out of any work performed, materials furnished or obligations incurred by Tenant. 14. Waiver of Claims . District shall not be liable to Tenant, and Tenant herby waives any claims against District for any damage to property or injury or death to any person in, on, or about the premises by or from any cause 2M4tRtTer& 15 . Indemnification. Tenant hereby holds Distfop-LI/ 0 - harmless from and shall defend District from and against any and all claims of liability for damage to property or injury or death to any person when such damage, injury or death shall be caused in part or in whole by the use of the premises by Tenant or Tenant' s invitees or contractors, or from the failure' of Tenant to keep the premises in good condition and repair, or from the breach by Tenant of any other provision of this Agreement. 16. Assignment and Subletting. Tenant shall not assign this Agreement or sublet the premises or any interest therein without the prior written consent of District. 17. Damage or Destruction. (a) In the event the premises shall be damaged or destroyed in part or whole, then District shall be entitled to elect, by written notice to Tenant, as soon as reasonably possible after Tenant notifies District of said damage, either (i) to repair the same and restore the premises to substantially the same condition as existed immediately prior to such damage, or (ii) to terminate this Agreement, after which neither party shall have any further liability or obligation to the other hereunder, except for liabilities or obligations which accrued prior to such electionto terminate. In the event District shall elect to repair or restore the premises pursuant to this Paragraph 17, Tenant shall not be entitled to any damages or other compensation from District from any loss of quiet enjoyment or for any other reason arising from District's repair or restoration activities. District shall in no event be required to repair or replace any personal property installed or maintained by Tenant in or about the premises, including the personal property listed on Exhibit 11B, 11 and Tenant hereby releases District from any responsibility for Tenant's personal property, furnishings or household goods . 18. Entry by District. District shall, at any and all reasonable times and on reasonable notice, have the right to enter the premises to inspect the same, to post notices of non-responsibility, to repair the premises, and to exhibit the premises to prospective tenants. Tenant hereby waives any claim for damages for any loss of occupancy or quiet enjoyment of the premises occasioned thereby. 19. Default by Tenant. (a) The occurrence of any of the following shall constitute a material default and breach of this Agreement by Tenant: (i) The abandonment of the premises by Tenant; or (ii) A failure by Tenant to observe and perform any provision of this Agreement to be observed or performed by Tenant. EXHIBIT (b) . In the event of any such default then in addition to any other remedies available hereunder to District or at law or in equity, this Agreement and all rights of Tenant hereunder shall be terminated upon delivery by District of notice of such termination to Tenant. Upon such termination, District may recover from Tenant all amounts necessary to compensate District for all the detriment proximately caused by Tenant's failure to perform Tenant's obligations under this Agreement or which in the ordinary course of things would be likely to result therefrom. (c) In addition to the remedies provided above, in the event Tenant shall fail to perform any obligation to be performed by Tenant under this Agreement, or shall fail to pay any sum required to be paid by Tenant under this Agreement, District may, but shall not be obligated to do so, perform or pay the same or cause the same to be performed or paid, and Tenant shall promptly upon demand by District therefore , reimburse to District all costs reasonably incurred by District in connection therewith, together with interest on such sums at the rate of ten percent (10%) per annum from the date incurred by District until repaid in full by Tenant. 20. Surrender; No Relocation Rights. Upon expiration or sooner :termination of the term of this Agreement, Tenant shall vacate the premises and remove all persons and personal property therefrom, and shall surrender possession of the premises to District in the condition of the premises existing on the commencement of the term of this Agreement, subject only to reasonable wear and tear and damage due to causes beyond the reasonable control of Tenant. Tenant, on behalf of Tenant, and on behalf of Tenant's immediate family the members of which may occupy the premises from time to time, hereby specifically waives any rights to, and releases District from any and all claims for, relocation benefits and/or relocation payments to which Tenant might otherwise be entitled pursuant to California Government Code Section 7260 et seq. , and any similar or successor statutes. Tenant shall hold District harmless from and indemnify District against any and all liability, cost, and expense suffered or incurred by District and arising in connection with any such right or claim. 21. Notices. All notices, demands, requests, or consents (collectively "notices" ) given hereunder by either party to the other, shall be made in writing and shall be delivered personally or by first class mail, postage prepaid, and addressed to the parties as follows: District: Midpeninsula Regional Open Space District 375 Distel Circle, Suite D-1 Los Altos, California 94022 Attention: L. Craig Britton Tenant: FXH.1R1T Page JO of Notice given by mail in accordance with the requirements set forth above shall be deemed to have been delivered five (5) days after the posted date of mailing. 22 . Waiver. Waiver by District of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained. District's acceptance of a partial payment of rent shall not be deemed an accord and satisfaction, and shall not be deemed a waiver of District' s right to recover the full amount_- thereof. 23 . Attorneys Fees. if an action shall be instituted to enforce this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees as fixed by the Court. 24. General. (a) This Agreement contains all of the terms, covenants, and conditions agreed to by District and Tenant and supersedes any and all agreements previously made between Tenant and District with respect to the premises. This Agreement may not be modified orally or in any manner other than by a written instrument signed by both of the parties to this Agreement or their respective successors in interest. I (b) If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. (c) The covenants and conditions hereof, subject to the provisions as to subletting and assignment, shall inure to the benefit of and bind the heirs, personal repre- sentatives, successors and assigns of the parties hereto. (d) The paragraph headings of this Agreement are for convenience only and are not a part of this Agreement and do not in any way limit or amplify the terms and provi- sions of this Agreement. (e) All persons who have signed this Agreement as Tenant shall be jointly and severally liable hereunder. . (f) This Agreement shall be governed and construed in accordance with the laws of the State of California. (g) Time is of the essence as to each and all of the provisions of this Agreement with respect to which time of performance is a factor. EXHIBIT Page of /Am i IN WITNESS WHEREOF, District and Tenant have executed this Agreement the day and year first above written. "DISTRICT" MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district By "TENANT" i Il i EXHIBIT ^'wrrr�w� Page of EXHIBIT "A" [Attach Outline of Premises] I i EXHIBIT EXHIBIT "B" {List of Personal Property Owned by District] I - i i f HDBIT �& �� yo P I I i R-86-21 (Meeting 86-07 March 26 , 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT March 18, 1986 TO: Board of Directors FROM: H. Grench, General Manager PREPARED BY: C. Britton, Land Acquisition Manager SUBJECT: Joint Powers Agreement with the Town of Los Gatos Recommendation: I recommend that you adopt the accompanying Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving and Authorizing Execution of Joint Powers Agreement for Purchase of Real Property, Authorizing Officer to Execute Park, Recreation, Scenic and Open Space Easement, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Trans- action (Sierra Azul Open Space Preserve - Eilertsen Property) . Discussion: At your meeting of February 26 , 1986 you approved the acquisition of the Eilertsen property addition to the Sierra Azul Open Space Preserve (see report R-86-16 , dated February 20, 1986) . At that time the Town of Los Gatos had preliminarily approved the concept of a joint project with an equal sharing of the acquisition and associated out-of-pocket costs. Before you now is the Joint Powers Agreement, which was approved by the Town Council on March 17 , 1986 and provides for a contribution by the Town of $115,000 toward an estimated total project cost or $230, 000. In addition to the other rather standard provisions of the Agreement, the District would grant the Town a restrictive easement over the entirety of the property to assure that this parcel would always remain as a Dart of the public open space inventory of the region. This easement would permit the District to operate the property for public enjoyment in accordance with current District practice and the District' s Basic Policy for management of open space lands. Other terms of the Joint Powers Agreement and Restrictive Easement are similar to the terms and conditions of the joint agreement for the cooperative purchase of the Los Gatos Creek Park property. RESOLUTION NO. 56-22 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AND AUTHORIZING EXECUTION OF JOINT POWERS AGREEMENT FOR PURCHASE OF REAL PROP- ERTY, AUTHORIZING OFFICER TO EXECUTE PARK, RECREATION, SCENIC AND OPEN SPACE EASEMENT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - EILERTSEN 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 approve and authorize execution of the "Joint Powers Agreement" for the purchase of real property by the Midpeninsula Regional Open Space District and the Town of Los Gatos, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or other appropriate officer to execute said Agreement on behalf of the District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute the Park, Recrea- tion, Scenic and Open Space Easement in favor of the Town of Los Gatos as provided in said Joint Powers Agreement. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to Town. The General Manager further is authorized to execute any and all other documents necessary or appropriate to the closing of the transaction. * * * * * * * * * * * * * * * JOINT POWERS AGREEMENT ^'nis AGREEMENT made this day of 1986 by and between the Town of Los Gatos , a Municipal Corporation, here- _` na4--=r referred to as ""OWN" , and the Midpeninsula Regional Open pace District, a Public District , hereinafter referred to as DISTRICT" . W I T N E S S E T H RECITALS: A. TOWN and DISTRICT are "public agencies" within the meaning of Government Code Section 6502 , and desire to enter into a Joint Exercise of Powers Agreement pursuant to the provisions of Califor- nia Government Code Section 6500 et seq. , for the reasons and upon the basis hereinafter set forth. B. DISTRICT has obtained an option for the purchase of cer- tain real property located within the TOWN limits of the County of Santa Clara, State of California; said property, hereinafter called "Eilertsen Property Addition to the Sierra Azul Open Space Preserve" or "Property" consisting of 125 acres, more or less , and being more particularly described in the Option and Purchase Agreement or "Purchase Agreement" attached hereto as Exhibit "A" and incorporated herein by this reference. C. The acquisition of said Property is of mutual benefit to the parties hereto and to the public in that said acquisition as implemented by this AGREEMENT will serve to protect valuable public open space and recreation lands in perpetuity. D. The purpose of this AGREEMENT is to provide for funding to Purchase said Property for open space and recreation purposes by DISTRICT and TOWN, to provide for acquisition and staff services, to establish the final vesting of title to the Property, and to designate the responsibility for the management and maintenance of the Property for recreation and open space use. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1 . PROPERTY. DISTRICT and TOWN agree to participate jointly in the purchase of the Eilertsen Property Additlor, to the Sierra Azul Open Space Preserve, being more particularly described in said Exhibit "A" as attached hereto. Joint- -Powers Agreement Page Two 2 . ACQuis_iTio,:, . Tt is agreed by the partieshereto that DISTRICT shall be r`esoonsible for all acquisition activities. At all times during the acquisition process, the employees of DISTRICT and TOWN and their expertise will be available for the ac­__u_Js i tion protect. S - i f -t-a fi_ time and overhead costs of both DIS- TRICT and TOWN shall be provided at no cost to the other party or the proj =-t. An,,,, any a , costs of acquisition, including but not the toI­zl purchase price for said Property of Two Hun- dred Twentv-Five and N01100 Dollars ($225 ,000. 00 ) ' as stipulated in said Option and Purchase Agreement and legal fees, appraisal and engineering costs , title and excrow fees , and other out-of-pocket expenses estimated to total Five Thousand and No/100 Dollars ($5 , 000. 00) shall be shared equally (50% - 50%) by the parties hereto, as further provided in Paragraph 3 hereinbelow. 3 . LIMIT OF TOWN PARTICIPATION. It is agreed by and between the parties hereto that TOWN' S share of the land acquisition cost and out-of-pocket expenses (Paragraph 2) shall be the sum of One Hundred Fifteen Thousand and No/100 Dollars ($115 ,000 . 00) , to be paid directly to DISTRICT by TOWN on or before April 30 , 1986 at DISTRICT' S office headquarters, and further, upon the receipt of such payment by DISTRICT, TOWN shall have no further obligation on this account to DISTRICT. DISTRICT shall provide all remaining funds necessary to acquire and manage said Property. 4 . INSTALLMENT SALE. DISTRICT and TOWN understand that Section 2 of the Purchase Agreement provides for an installment sale, with DISTRICT assuming the full responsibility for all installment pay- ments to be made over a period of approximately five years. For the purpose of paying the principal installments of and interest on the Note, until the principal installments of and the interest on the Note are paid or until there is a sum in the treasury of the DISTRICT set apart for that purpose sufficient to meet all payments of the principal installments of and the interest on the Note as it becomes due, the DISTRICT shall annually set aside a portion of the limited ad valorem taxes levied upon all taxable property within the DISTRICT by the Board of Supervisors of Santa Clara County and by the Board of Supervisors of San Mateo County, and allocated to the DISTRICT under applicable law (or other available funds of the DISTRICT) , sufficient to pay such interest and principal that will become due before the proceeds of a tax levied at the next general tax levy will be available. Such taxes (or other available funds of the DISTRICT) shall be deposited by the Controller of the DISTRICT in a special account maintained by him. The money in the Note Account shall be used solely for the payment of principal of and interest on the Note. Joint Powers Agreer7_---4_- Page Three money in tn­ Note Account shall , pending its disbursement, be epcsited or -Ln­_,_ -_ed as permitted by law so as to obtain the 1 d t-n a t- Controller -troller of the DISTRICT deems practicable, regard f-1 the safety of such deposits and investments; that all deposits and investments shall be withdraw- a'---7e o= snall matur_ , as the case may be, to coincide as nearly as Practicable with t.­o time when such money is required for disburse- ment hereunder, and any proceeds thereof shall be deposited in the Note Account. When all principal of and interest on the Note has been paid, any balance of money then remaining in the Note Account shall be used for any lawful District purpose. 5 . CLOSE OF ESCROW AND COSTS. It is agreed by the parties hereto that escrow wall close in accordance with the Purchase Agreement (Exhibit "A") through an account with First American Title Guaranty Company, 329 South San Antonio Road, Los Altos, California, escrow Number 551159. It is further agreed that all escrow fees and title -4nsu--ance costs , if required as a part of this transaction, shall be shared equally by DISTRICT and TOWN as provided in Paragraph 2 herein. 6. TITLE. Fee title to said property shall vest in DISTRICT, subject to existing easements, encumbrances and other clouds on the title to the property as provided in said Purchase Agreement. Con- currently with close of escrow, as abovementioned, DISTRICT shall convey or cause to be conveyed to TOWN a recorded Park, Recreation, Scenic and Open Space Easement (hereinafter "Easement") upon, over and across said property in the form as shown in Exhibit "B" as attached hereto and incorporated herein by this reference. DISTRICT shall furnish TOWN with a duplicate copy of any policy of title insurance and escrow closing statement. 7. DEDICATION. Upon acquisition of the property by the parties, it shall be deemed to be dedicated as public park land and its use may be discontinued or abandoned or the property disposed of only pursuant to the procedures provided in Article 2 , Chapter 9 , Part 2 , Division 3 , Title 4 (commencing at Sec. 38440) of the Government Code; and further the DISTRICT shall officially dedicate its interests or rights in said property pursuant to Sec. 5540 of the Public Resources Code of the State of California. 8. HOLD HARMLESS . It is agreed that TOWN shall defend, hold harmless and indemnify DISTRICT, its officers, agents and/or employees from any and all claims for injuries to persons or damage to property which arise out of the provisions of this AGREEMENT and which result from negligent acts and/or omissions of TOWN and its officers , agents and/or employees. Joint Powers Agreemen= Page Four It is furs-er agreed that DISTRICT shall defend , hold harmless and indemn:Lf- its officers, agents , and/or employees from any and all clalm-- for injuries to persons or damage to property which arise Out c-f- the ,.)roviisions of this AGREEMENT and which result from negli- 9,-nt- acts and/or of DISTRICT and its officers , agents and,.,or e-- -ovees . In the e7l----�,t of the concurrent negligence of TOWN, its officers, agents ani:,, or employees and of DISTRICT, its officers, agents, and/or e7celoyees then the liability for any and all claims for injuries or damage shall be apportioned according to the "California Theory of Comparative Negligence" as presently in effect or as may hereafter be modified. 9. CPEN SPACE USE - DEFINED. The parties hereto agree that the Prope--y is being acquired as public open space and any and all public f-=c1lities which might be developed or enhanced on said Property , which would be considered by the parties hereto to be open space or vcw intensity recreation use, include by way of illustra- tion, but not limitation: a) Pedestrian hiking trails 1D) Equestrian riding trails c) Mountain bicycle trails d) Casual public picnicking e) Portable sanitary facilities -F) Nature study and environmental education g) Photography h) Public drinking water facilities i) Kite flying j ) Scenery painting k) Wildlife observation 1) Compatible agricultural uses m) Meditating n) Unpaved public parking areas o) Primitive campsites (back pack camping) p) Other uses which the DISTRICT may from time-to-time determine to be low intensity recreational uses 10. SALE OF SURPLUS . It is understood and agreed that in the event any or all of said property is declared free of its dedicated use (see Paragraph 7) and sold by DISTRICT, with the mutual consent of TOWN, as will be provided for in the Easement described in Paragraph 6 hereinabove , the proceeds of any such sale shall be equally shared by DISTRICT and TOWN . Joint Powers Agreetre_t Page Five 111 . =MENDMEN`?SS . This AGREEMENT may be amended in writing at any time bv mutual c--sent of the parties hereto . 12 . BINDING ON S':CCESSORS . The provisions hereof shall inure to the Ibe:nefit of and bind the successors and assigns of the parties hereto. TOWN OF LOS GATOS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT By: By: Mayor, Town of Los Gatos President, Board of Directors ATTEST: ATTEST: Town Clerk District Clerk EXHIBIT "A" TO JOINT POWERS AGREEMENT CPTIO%_z AND PURCIL2'.SE, AGREEMENT NT is made and entered into by and between ERNEST B. and DICE 1��7ZI 'EILERILSEN, husband and wife, hereinafter Calla,_-; "SEr1LER" and she MIDPENTINSUL�A REGIONAL OPEN SPACE DISTRICT, 'Lere-IMa-fter called "D:S7_RIC1_; . " 1. 'PURCHASED PROPERTY S 7"7,7 agre-a-s -0 sell to DISTRICT, and DISTRICT agrees to purchase frozi SELLER, SELLER'S real property located within L the Town of Los Gatos, County of Santa Clara, State of California, containing approximately one hundred twenty-five acres (125) , and commonly referred to as Santa Clara County Assessor' s Parcel No. 537-08-02, and being more particularly described in Preliminary Title Report No. 551159 , dated April 25 , 1985 , from First American Title Guaranty Company, said report designated Exhibit "A" , as attached hereto and by this reference incorporated herein and made a part hereof. Said property tolbe conveyed together with any easements, rights of way, or rights of use which may be appurtenant or attributable to the aforesaid lands, and any and all improve- ments attached or affixed thereto. 2. PURCHASE PRICE AND MANNER OF PAYMENT The total purchase price shall be Two Hundred Twenty-Five Thousand and No/100 Dollars ($225 ,000. 00) payable in the following manner: a DISTRICT shall pay the sum of Seventy Thousand and No/100 Dollars ($70 ,000. 00) in cash (less any credit to DISTRICT for the. option payment of $5 ,000 as provided in Para- graph 7 herein) upon close of escrow as hereinafter provided. b The remaining balance of said purchase price of One Hundred Fifty-Five Thousand and No/100 Dollars ($155 ,000. 00) shall be evidenced by a promissory note which shall be paid in monthly installments of Three Thousand and No/100 Dollars ($3, 000. 00) , or more, at the rate of seven percent (7%) tax-free interest per annum on the unpaid balance, and continuing until said principal and accrued interest are paid in full (approximately five! years, two months) . Said note shall be secured by a first Deed of Trust against the subject property. yy EXHIBIT "A" TO JOINT POWERS AGREEMENT Option end Purchase A-' reement Eilertsan Page Two 3. T_7 T L E AND P 0 S S 1-7 s S I .Lit-le and POsse-Ssion of the subject property shall be conveyed to DISTRICT at the close of escrow by Grant Deed, free and ciear of all liens , encumbrances , judgments , easements, taxes, assessments , covenants, restrictions , rights, and conditions ,Df record except : a. Taxes for the fiscal year in which this escrow closes shall be cleared and paid for in the manner required by Section 4986 of the Revenue and Taxation Code. b. Typewritten Exception Number 3 listed in said Preliminary Title Report (Exhibit "All) . 4. COSTS DISTRICT shall pay all escrow, recording, and customary title insurance charges and fees incurred in this transaction. SELLER shall be responsible for, and pay all costs of any reconveyance of Deed of Trust, full release of mortgage, payment of liens, discharge of judgments, or any other charges, costs, or fees incurred in order to deliver marketable title to DISTRICT. 5. CD:1124I SS IONS DISTRICT shall not be responsible for any real estate sales com.-nission or other related costs or fees in connection with this transaction. 6. LEASES OR OCCUPANCY OF PREMISES SELLER warrants that there exist no oral or written leases or rental agreements affecting all or any portion of the subject property, nor are any persons occupying the property. SELLER further warrants and agrees to hold DISTRICT free and harmless and to reimburse DISTRICT for any and all costs, liability, loss, danage or expense, including costs for legal services , occasioned by reason of any such lease agreement, or occupancy of the property being ac,quired rental by DISTRICT (including but not limited to relocation payments and expenses provided for in Section 7260 et seq. of the California Government Code) . 7. OPTION, ACC-EPTANCE AND TERM OF ESCROW DISTRICT shall have until March 1 , 1986 to accept and execute this Option and Purchase Agreement , and during the period following execution hereof by SELLERS, until March 1, 1986 , this Agreement shall constitute an irrevocable offer (Option) EXHIBIT "A" TO JOINT POWERS AGREEMENT Option anr_� purchase "Iczreement E i e r s;-n-7 Page Three by TELLER to enter into a -co"ntract with DISTRICT on the terms '-onditicns set forth herein; in- consideration of which DISTRICT has paid an Option payment and SELLER acknowledges receipt of an option payment in the amount of Five Thousand an_` �4o/100 Dollars ($5 , 000 . 00) . In the event this offer is acc-­)ted by DISTRICT and this contract fulfilled, the total of the option payment of Five Thousand and No/100 Dollars ($5 , 000. 00) shall be applied against the purchase price as stJL-zulated in Clause 2 a. hereinabove. Tire being of the essence and provided that this Option and Purchase Agreement is accepted and executed by DISTRICT, as above provided, this transaction shall close as soon as practicable thereafter, but not more than thirty (30) days following the acceptance and execution by DISTRICT through an escrow (No. 551159) to be conducted by First American Title Guaranty Company, 329 South San Antonio Road, #8 , Los Altos, CA 94022, or other such escrow holder as may be designated by the DISTRICT. 8. Ma-'%'CR_:kNDUM OF OPTION The parties shall execute a Memorandum of Option in the form atached hereto as Exhibit "B" , which shall be recorded in he Official Records of the Recorder 's Office of Santa Clara County, California. 9. ACCRUAL The provisions hereof shall accrue to the benefit of and bind the respective heirs, devisees, assigns, or successors in interest of the parties hereto. EXHIBIT "A" TO JOINT POWERS AGREEMENT Option an Purchase :c--eement Eilertsen r Page Four MIDPZN :NSULA REGIONAL OPEN SPACE SELLER DISTRICT APP ROB✓ED AS TO FORM: Ernest B. Eilertsen Stanley Norton, District Counsel Date: AC CEPTED P E TED FOR RECOM.MENDATION. Alice Ann Eilertsen L. r Date: Craig Britton,g o , SR/WA Land Acquisition Manager APPROVED AND ACCEPTED: President, Board of Directors ATTEST: District Clerk Date: M E R P�T EXHIBIT "A11 TO 4, 1 0 . ;t American Title ,uarant JOINT POWERS OZ�� ��- - AGREEMENT CAM-BELL IOCUPERTINO ®LOS ALTOS ❑PALO ALTO 202C c0.. -5-S:0�'AVE 10370 SOUTH DEANZA B_VO 329 50 SAN ANTONIO RD 08 5501+AI':tITO%AVE e CAWBELL.Cit 9500B CUPERTir40.CA 95014 LOS ALTOS.CA 93022 ►ALO ALTO C:.9436 1a7&2 7 2Sr32 1408.252-7000 (415)941.3320 Subject to a minimumI4t51326 5050 Charge reQui•ed by Se.-or 12404 of the insurance ❑BLOSSOM!FILL SAN DOSE ❑SAN DOSE ❑ SANTA 12AAA Cede 49g SLCSSOV MILL SO 675 NORTH FIRST ST 275 SARATOGA AVE. #106 SA%LOSE,CA 95123 SAN LOSE.CA 95T 12 SANTA CLARA. CA 95050 1A03,227 5111 14081 236.6353 (408) 249-9611 :lid Peninsula TITLE OFFICER: Mary Wilson 3i5 Distel Ct. #D1 Escrow Officer: Margaret Riegert Los Altcs, CA 94022 Your No.: None shown Attention: Sandy Voorhees Our Order No.: 551159 Property Address: No address available Form of Policy Co%cra a Requested:g In response to the above referenced app:ication for a policy of title insurance.this Compan} hereby reports that it is prepared to issue.or cause to be issued.as of the date hereof.a Police of Title Insurance in the form specified above,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 form. The printed Exceptions and Exclusions from the coverage of said Policy or Policies arc attached. Copies of the Policy forms should be read.The}• are available from the office which issued this report. This report(and an% sI:ipplI.ements or amendments thereto)is issued solely for the purpose of facilitating the issuance of a policy of title insur- ance and no liabilit% 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 April 25, 1985 at 7:30 a.m. TITLE OPERATIONS MANAGER Title to said estate or interest at the date hereof is vested in: ERNEST B. EILERTSEN AND ALICE ANN EILERTSEN, husband and wife, as joint tenants The estate or interest in the land hereinafter described or referred to co%ered by this Report is: A FEE At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policyform would boas follows: SEE NEXT PAGE EXHIBIT Page of fORM4288-201 (REV. 12/83) L. 4._. -EXHIBIT "A" JOINT POWER, AGREEMENT Order No. 551159 Page 2 1. Taxes for the fiscal year 1985-86, a lien not yet due or payable. 2. The lien of supplemental taxes assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 3. Reservation contained in the Deed from L. G. Casaletto and Ada Cas'aletto, wife to P. E. Rogers, dated April 28, 1923, recorded May 18, 1923 in Book 23 Official Records, page 486, as follows: "Reserving to the Grantors a right-of-way over and across anypart or portion of the land herein granted for ingress and egress to the lands of the parties of the first part herein, said right of way when built and made to be built and made where most feasible and accessible and said right of way to be of sufficient width for access to said land with any and all kinds of vehicles." 4. Any and all unrecorded leases which may be disclosed by an inspection of the premises. A A.2 NA. EXHIBIT Page 2 of -4, EXHIBIT "A" TO JOINT POWERS AGREEMENT Order No. 55liDg NOTES: Page 3 A) Accordl-K to the public records, there have been no deeds conveying the herein d=-szribed property recorded within six months prior to the date hereof exce-.)t --s follows: No'3-. B) Both inszall=ents of taxes for the fiscal year 1984-85 have been paid in full. ist in=t�!Inent : $310.67 2nd inst-=11,11ent : $310.67 Assesscr-,7 llo. : 537-08-002 Code Are_ : 03-043 Page EXHIBIT "All TO JOINT POWERS AGREEMENT Order No. 551159 Page 4 LEGAL DESCRI-PTION: Real property situated in the'l7own 01C . Los Gatos, County of Santa Clara, State of California, described as follows : ALL OF LOTS 11, 12, 13 and 14 in Section 26, Township 8 South, Range I West, Mount Diablo Base and Meridian, according to the Official Map thereof on file in the office of the Federal Bureau of Land Flanagement, approved on April 17, 1882. EXCEPTING FIRO'H the parcel of land firstly hereinabove described that certain parcel of land described as follows: PORTION OF LOTS 12 and 13 of Section 26, Township 8 South, Range 1 West, and being more particularly described as follows: COI2SNCING at the Northwest corner of Lot 12, running thence South along the West line of Lots 12 and 13, 40 chains to the Southwest corner of Lot 13, running thence East along the South line of said Lot 13, 10 chains; thence North and parallel with the first described line 40 chains to a point on the North line of Lot 12; thence West along the said North line of Lot 12, 10 chains to the place of commencement. (WE NOTE, BUT DO NOT INSURE) a right of way as provided for in the Deed from L. G. Casaletto, et ux, to P. E. Rogers, dated April 28, 1923 and recorded May 18, 1923 in Book 23 Official Records, page 486, as follows: RIGHT OF WAY over and across any part or portion of said 40 acres hereby reserved to the Grantors and which said right of way shall be for ingress and egress over the lands of the parties of the first part to the lands of the party of the second part, said right of way when made and built is to be made and built where most feasible and accessible and of sufficient width for access to said land for any and all kinds of vehicles. (WHEN DRAWING PAPERS OMIT PORTION IN BRACKETS AND SUBSTITUTE THEREFOR THE WORDS "TOGETHER WITH") A EXHIBIT- 14-- Page EXHIBIT "A" TO LIST OF PRINTEL EXCEPTIONS AND EXCLUSIOM,,�- B Policy T JOINT POWERS Y Y YF AGREEMENT 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1973 SCHEDULE B To, D_ 70e5^_ ^a_•-i. ^t: niS C"C.�tagr. d�a a"0'n!y! rteS O•e.prn',s • .C,d•.L'v.n.:h d'•s[by'lato^o'the IpltOw'ng' Past i T Ts•!1 O•asse;;—t-1s w^:•• : ^r_.: Snomn a:^,.c^� a^a of any !a.^;a,r•'.C••y •ha•rev,es:a.et O•astessrnen:t on neat wooe,*y or by the pub•••records ?•OcleC-��bs 3 CAD c der',. n•c^-as •etu• a.ta ass-SSm+^ts O'r0!.ctS 0's.:h C'Y.tetl ny whemr O• n01 shown by the records of Such agency by D.O .•et clot 9 y O' to r 2 Ars '7'•s •.gill. ^te•es:s 0 ram x -h ate no!"0­e. !n•p.:7'•c•r:C•ds D..•W :h co.'c De at-t•!a­0 by an.nsoeCT.On Of she land or by making,nqu, w or peso^S 3 Eax^<^is ices lrc�mQ•anCt. 0'C a'M.. e,e0• .. 3'T not t^Dwn 0, ! t p,0 .'e:0.1: 4. D sc•eoa^des cc••' us - bounoa•S ,•Mrs shc.lagn.-a'ea rn:,43:^mtrs.0'any cilt. act:w^:h a Coiled Survey WOY'd O•stlose.and Wh.Ch are no.shows b 'I ter Y t f D.ab+C S la- Unoa!e^•e^.^Ming c'a ens, ib• rest'.9•-o^s 0'e.:t0'0^s.r Oatenls O,.M A::s a.r,ho•.z^g the.tSua,cf thereof ICI Wait,r,ghli.Cla•mso•title lowatar, 8 Any 'qnt. 1.1•e. ,!!ter,esfa a O• pitmen•- ,n.ann Oe,onc ine:.n!&of The a-to soec f•C:!.y des,-Ded O•tetl,rtd to.n SChetlu or A.ar on abutt'nq streets•roadl•avenues. a"eODevit;ales.voo vhwa.~t'nsu9e0 O wh,ng-tn'S c.a•ag•aph Seta"m0d ly 0•Lro"".The ri•fen: to vin.Ch the 010-Ma•v right Of an abutbhq oyvnfr for aCCess t0 a ps•ys,W':Y S y ih s poi cy 7. any law,ordinance or govrnneMtr leguw-On t:nc uc ng out not limited to bu•:d'rg a^d tO^•rg o•d•nancesl restricting o'requ'atrnq Or Proh,b,ang the oteuoancv,use o- - Dymt^: O the and, o' *egu'abng The char aCte'. 0-ens•Ors Or Ipc4110n of any •rhp•Ov[ment now or hereafter erected on the land, 0•prohibiting a stparaT,On.n awnE'S"O'6'tds.Ct:Cr.n Lit[d'-011101t,or atria 01!Me,ar;,or the effect Of any..O,a•,an 0'any Such law,Ord Malice or governmental requ!aban. 8 Rights of am:her!dome n o-goverPointermenta,"gha or p0..ce Pointer unlet&notice of the e.e'C'se of such lights appeals,n Tne public records. 8 Defects,rile,%. eMo-,-b-Jn:e&.adve-se C'a• % 0• O"e'na!!e'S tat e'e4lt0,su'fe'td,a&tu'*ed O•AS'-*d to by the•Mw,od ela.mant.lot not Shown by rift•not O[ne•w ie e.C•..Otd rr0n Coye' Dob'•C rfCO'dt and lit agt but known to:he:nsv•ed c'a ma^•a:na a:Dale C'PO••cy 0-at the date sac^c a•man:acdu•red an estate ar itreret!insured by:his hefeunde•00 Cy 0,aC`v•.eo:ne'^su't'o,pu d�aama!to-i 0,sc�ose0•n w••t'^g Dy the nswea:;a,^+a^ to the Company p•,O• t0 the d&Te SUCK msu•ed C.a,maht became an.n3urrd ng'^ ^s s 0 c•a a9 h _s "c•a main. tll r.lac"g 0't•tarta wosequenr to Dale of Po:.ci,.or to res 't.ng,n loss o•damage wn.Ch wou'O n0:have 7[P^>«s:d n!c•'Lhe an:had bee^a Du'chaSe•O'lnCumb'an:tr f0•va ut w-;hOui knOw•tdge 1 l 2. AMERICAN _AND TITLE ASSOCIATION OWNER'S POLICY FORM B- 1970(AMENDED 10.17-70 and 10-17-84) SCHEDULE OF EXCLUSIONS FROM COVERAGE 1 tat Governmsr!a ps r.po+ve- Ib+ Any:aw C-o nano o- o,e'nmenta a via: to ent,'oMmewa• g r g p-.r.a•.nG D'OrtC:4r Iel Any ov mC d_a-:e-o^'a^ove•^el!at.le a LO^,n:bd^y^bvr no:'.m Ted t0 Du,ld ng and toning old na,cet,•t%r Ct.Mg a'ttgUt&!.nq a•p•Ohib�;,nq the of cvoa^Cy.USe Ownt'oy a r ,.M t e c^lilt!_•,d Ms On$o' local-0,or any•mp,0,emen:now 0,'terealw erected on the land.or P'Ofs b•hng a sepa-3l on n C :^c'gt : e tl enYO^s O'area 0'•he:aid O'any oa•Ce'of whit"the'a^.d &O'was a past ldl The effect c' a^,fv.0 a;O- mat:e•1 ea:,,cep u^dr• 'a••lb.o• let abo.e vh.ess,o;,Ce of a defect••.rir o-encumbrance re%..t,n , in a vo:r.or hat bet, e^,o•otb a:Dale O Po.cv those••colds.n Sun:^ „ro[•tta:e s:atvtes d:eos,mo•tp9ts.',%Drn;ens,•.ep$O.0•he•Title eneumb•ances must be reeo•deo•n p•de•;o Pat•CO^s••..f'-ve^0:Cr''C C.r'c hat^•S o .he:a-C'O•va v2 and w thou:w-ow eoyr D•c.v.ded nownP''tha•on:,.out'• !a'.on,Such record&sha•.MO.De CJ^s'•U..to any p :he ore.cel Or lecle'd.;!ate O•roc a<....-on•Ment a'0-0 Tec!e',wring W,cling hC3!M o'Pa.D,•C safety aJThpr.l,et ' '2. R.ghts of emir_ i cD--a n Vn;ell rode of the ere,c Se 0'Su_-r qn!&dpp[a's•r:nt Dd!` C'ec O'OS a•Dd'-or PO'[y 3 Detects. .all.e,co-o'a-:ts ativt'S^C'a ins.O'Olrt' - Reif lay Clewed,sul,e'to assumed o•agreed!c bs 1hr Msv•td c,a ma^/ lot nor known to the COmPa^v and 107 snow- Ov :ne.^_,D : ,•colds ov:.nowr :e t^t ns•reC a—a, a The-a:Date or P,.:y o'at ine dale 5oc^c'a ma^1 acdu,•ed an estate o-•metes:by 10+.s Po'cv and no! d wroxd,r.w•T^;b, le s,-ed c'a man: To:nr Company D•0• to!Me dare sec^ ^cared c,a ma,:became a--S.•ec he'eur0e'.Ice•csu!l,ng.n no lost D•damage Io the ,'soled c'a m.an:. .O Vtac^.rg o•cleated sutse0,e-•!c Will or Po•,cv.o, let •esu T-ng.r lost O•damage wh.Cft wbe"w m th e u�C not nave be" .l Pa O va'ue to,t^t esla:e 0' ^:ties•ins i-ed by.h s DO'cy !inw•etl C'a man'had NOTE The tp-17�e<a^e^tlme^:s of r.au&.ont 1 a^C 2"ova w,•'De.nco'po•ated­o:Me pol-cv or a:latrlmel!cf an•'Enddrteme^t Amend MS Po'.cv'.fndo•Stmenl Munroe•FA 27 1 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY- 1979 EXCLUSIONS In add,t,on to the Except On$.M Schedule B,you are not•nss.•ed a;a-nst loss,cost&.atto•nevs'lees and e.pahsrt••suit Mg f•on, 1 GOvernmeata� Po Ce power. &no the e-stenc! O• v,o+a:•on of an law or government l ,v 9 e 1 'ego at•o Tn't .nclvdes Ouddmq and toning ord•nancet and a'so laws and requlat.pcs concerning • land use • land cf—s,on ofIr,prOvemen!s on the land • an.,r0 "10'p•olecl,on Th,S e.clus 0^does no:i.m.l the zoning coverage described ^Items 12 and 13 of Coveted Title Risks 2 Tne r,gn:!o take the!and by condemning I.win!a n0!ce of taking aDDea's,n the Dub',C records on the Po'l-ev Dare l 3 tine Rnts • that ale cleated.a:lovve 0,t.•&geed to by you • sha:are known Io you,bv!net;o us,on the Policy Date unless:hev appeased•r To,pubj•c records • thai rftu,•'n no cos' 10 YOu • Iha!firs!of fee!you-title afar the Pot,Cy Dare-in-$does or!•m•1 rNe labor and matt,.&'I,en Coverage,n Item 8 of Covered Title Risks 4 Fa"v,e To pay ewer rim you'title 5 Lack of a r.gh: • :D any land ou•s,de the area spic�l.ea'-y descr.bod and•cfer,ed-.l-I!cm 3 of Schedule A.or • .n streets,alleys.O'wate'v.ays:Ma!touch you,land This evc'us OF,does no,,.m•1 The access cove,agt r Item 5 of Covered T,ue Risks SCHEDULE B-EXCEPTIONS In add lion to the E■cws o^s.you ale no:insured against to-% cows aT:Ornevs fees.and e.penses resulting from I AMY r•9M Ts,'nte,ests o•c!a m5 of panes'n possess-On Or the''and not shown by the public records 2 Any ealemerl&o•I en&no!shown by the pub'c reco•d5 This e.cep',On ores no!.,m.I the f,en coverage.n teem 8 of Covered Title R.tks 3 Any fICit ab0'.rT the'antl Wh'Ch a correct survey vvOu 0 C1 Sc'Dse and Wh•Ch aft not shown by the p,bf.0,eco,tls Th.s l.cep,,on does no! _1 the fo,ced,emoIa.co,e•agr n tram 12 of Covered Title R,SkS 4. Any wale•.,ghls.cla mS o,the To ware,on o,vMde,the,and 1 Continued on Next Page FjY.P C FORM 4288 1 IRE V 3 85. Page _,. of 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1970 EXHIBIT "A" T( WITH A.L.T.A. ENDORSEINIENT FORM I COVERAGE (AMENDED 10-17-70 and 10-17-84) JOINT OINT POWERS p.- SCH OF EXCLUSIONS FROM COVERAGE AGREEMENT to: A:, *a, t-z-.­:- r"117e­Q1 -t 0 101­!eJ7. a". oonoo_�rL, e.r, C*,111-ro-lon'. Z!" Z-r 1 0 1 C' 1­- a'3", ID�ovl!-ot­ t,ectttl Go,Introand.0*0-10", o. &I Z z 3-4 --d I Q..15.Oar: le T . a-- no3n, 3 C. -w -a-!V$ ..: �C-Zu-C4' lio, to,a. az"'.a 'dtlorc!.-.e" '9stall-9 it vi'll. O�eo� 'so-d"'s *'t's a'Oth""e t"',ilb'Onc-sn't-st borle;O10-0-'l O-d­-0 ce tz O- C, cat and 1.11 4`1.-Itogt DID.0.0 that or,Tro'c'.. -10-Oro.Such recardssna* no:be Cons!'o.oea of o:5 on, 0-.to-1; bi io 14.hea'?.or 0U0'c safely autho,.f.fs 2 =C-3^u-toss^Dt C.C!,ZIT n,­:n ;-!t apP.A 5 eza-oi a:03*t a,Pa cy v-.­ AU lf'%. A m r C­ it".ed J$S--tc C, &;,-a tO'hTtCo-az-.and,0- C3*-lien XQi'lad 9 ts-am or-nwesf-triulto by L, cv 0, c,Ll.'�,'It 433".s-l" 1-ot.1 z'.,,m3MI bortar,e an.-su-eol-t-tj^out, -ci as,C =3-agz :c, -I"ez C 3 C e.,clea*e:;s,ts,2­ !a 0­ 1.P; Cot look:tv! .a?--C-!*h Insurance-s aflo-O.0-t-T-as I(.6,.y tot.3:1-c won -0- a, -a1T A C 10 rt*r- vs!rl %,- half"cv1s:,ucf-01 0,conho t:tJ.-Owe a, PC c, a a* lot -C, :,-'-s-taz a" Da:.'It,Pp C, a. *-any S.Ps-041.M..ow-t.of Ine, M co-0 V w In a=: 'at ­ e- To I iv_,ed NOTE -C 7 S�'.;t­rrhmom-s are n_c-rc-atac: ��C, C.by&­.:I1,p-:a,an*f-an-it-Men:Ante-d 19 Or. CV e-do-sornote- e CA n7 1 5. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY FORM B- 1970 (AMENDED 10-17-70 and 10-17-84) WITH REGIONAL EXCEPTIONS SCHEDULE OF EXCLUSIONS FROM COVERAGE GO.V­nre-la'Dace Power ttlo Atoll :aVy. C. equ 01.0, to to rrrOnmtr.tar 0,21fel-on 'C' A,V.iaw,Old MBICO Or';O-e*M-f­,3 ltgu'al On I'Clud Ig Dr:not I,m,tem To b. a MG a-cl ZO-4 old"S"ces) 01 lt;vo1AT,n9 or a,t loyfor,": Of 1,4e old-a'ItIloola!­9 The Cro"C!e' d Men$Ohl Or:OCa!-OM 01 O-V M9101trntli MOW Of hereof-,e,,,,e t- fro O•a Change.1:he 0-#It a's a're'!a'the'and a-any pa-ce a,..,ch the'aid's a-was a Do-1 0 on the land.of Ploh-b:.ng a seca-a!,on (d, The elft Do art, V.O,a:.O, at The ms..,e,s f.- .lived u,clo. to). (t),a,(c)above,oi,,flot Mol.-I of a defect.Ilan zr tMc.Mhb-,nce resu,t.MS from a hot been 'eco-Ded 1!Cate of Pa-cy n those•e:o,c, h no,cot unat•sratt slaw,es c1ted'. l-s mrloens ,am%Q*other­tle must be-eco'ded-M O-de.?a Daly 've","TO Purchase-s a, :10.,.and to,.8;"*and w tho,!kmow.togt P-Ov'OtC hOVVeUT--_that w!how-Am to-.oh.SuCt,.&CO.Ol j 0 C u 0 to c,.. _V of"te of'ces of fecwa,rale a- Oca.a" On_a,:a!P-Otect.o..zo,hq.boa Its-g hea:Th of Pub!,c safety au?Pior,r.es be onst, If 2 R.9rots of o,M,es$no:ce a.The tote.:%e 01 such,9-ts IoPth-s -role 0ub c tco-oi at Date of Po,,cv 3 Defects Dens ertc.-b-ances.adaelst.3-ths.a'0.",_"'ools V1 elta-ta.sJ.1...d.assjm.c a-&Q-0ed!C by the.-su.ea r!a.man..JOI no!bortown-0 The Corrrpa^v and"G.. sho., by :he Dub:.10C.0,05 but k" o'o- !a IMP Zl�.e :.a:,&.*a loot; Date,0,'Pa, V ;-0 61 -W'CCJ hf'*.Ide,.10 1e$,vlI.I -I MG.01%o-06.1ap to The u!h Cla.ma,z&cQ-,,ed an*stale Do•-felt%!by try s Do!-'Z v a�d rot DO w vy osed•r .I Mn I;OV the Isv're.a a , !C cc~tol-v a-a-to the dart . 1 Ms.-. a•'an toott _e­so 03!t of Po',cy,a, ie law 1.IV Ots 0'O.rhage wh,Ch would at have Does,%.5?8,M90 I The-row,ro c;a-aiT had ln%J' C g Pad ,t ad�.*&nob"'t 10' a7!3Ch-Mj 3-C'Wea Wasla 40.the '21"'"a' ",-"'I ^11'eo by DO "1 NOTE: The I, 7.a-vp-enoen!s a. I a'd 2 jta,e A- be -GO'DO'a*TJ-M!0-It 00-cy by a!'a:r­-rtO'a,"Endorsement Amend number FA 27 1 SCHEDULE B Tr 6 O'%"CV C1024"0' &;a- as$o'Do-#;-!by'roiol:-the Ma!:C.s th::wr-Pa.'.%On:ano two to a^.,; Pa-:O-e I To.ts a•asitis-er!s V,--h&-t no.snow-as e..%* 't-o'cW _; ers b, the•eCo'Cl a,any!a.'s a,a!hO.TV That ley-es tares a'assessments On lea:Q,Oj)e,9V Or by the a.b*,C I A,v ,:!I. 1­s 7e'tostl, a' c a­,s W.-ch re nz:SIO.- by Tole Vic'C'ICOIOS OUT V,"ch CO.'d boo o%-ta-ea by an,Mso. 00ID-S -Dzsiesi C,-M2*ar!;l cpon of sa.d land w by froalt,11,.-Q..-V Of 3 east tl'M!"T"I"I-l!nC.Mb-hroCe,AI-C'ale no:SICV,r by the out)-c torcc-cli &'to, o*a-% O-a" firc's 4o,"'Co'l-1 cO­1c: ",to d-Sclost,and wN,eh ive,no-%fto,,v- by '01 un"!e'l e Va Ms.•tst-.j!ons 0,e,tcep::,ns pa,e,tS a-on A.1%au*.ho,prg "•SsuaeCa jhf,tof,wale-f,gh!$.C a Ms O.Iol.e to Vva:#, 6 Any..e,.or`v* a ." to-lrv,c.s.;300.a--ate..a:1.lt'"O'O't 0'hf't2.ttl -Mrbased by-av,and no:shot.,D, the Publ-c eco,as 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 WITH ALTA ENDORSEMENT FORM 1 COVERAGE (AMENDED 10.17-70 and 10-17-84) WITH REGIONAL EXCEPTIONS SCHEDULE OF EXCLUSIONS FROM COVERAGE Tto-t to 0. g-a*.to&are xp,@jj,v e,,c"deal#,a,the cove-age of Th-s DO.-cy. is, Gove-memle.po!.Ct Power I b) Any Illy,o,cl,M*Mct a•qoVe.nhot,la,requ,af.on reial.ng 10 environmental 0,0!eci-on ,c) Any ov,,,otclmaolce a,gove-lontntai eq.,at.01 l,ncluy.Mg Dou!not 1-m-fect to bu-,d M9 and zon-ng ord-ancesi es-,.ct.Mg 0,rtqula!,Mq of proh.boling The Occupant-0.use *' 0'40vme"of the Ono-0''tau:8-9 into character,d forlerts-orts a'local-on of any-0,0-ament MOVV 01 he'taTel erected an the land.00 prohib-flng aseparaft-oft on P`nhr-sh:P Do a change on the O.rroehj•o,ot a-area a'the land 0,any pace:Of..I.Ch the jo,d j or was a Pa,: (d, The effect of any v.o;ip!,On Of the matte-S poZiuCled and,,- lal, (b)a, 1c,above,units%nol.Ce at a defect.hen 0,encumbrance resuit,Mg from a V-o,mi-o,has lb",o le:olded at Date a-Pol.cy or those•eco-ds , Sumer u1ce• stale slames deeds.mo'l;lages.I's pe,,at's.1-"$0,olhe,t.l'e encumbrances must be rtCcuord-A wdor,to n cohill.cl-ve ncl.ct-0 purchasers o- :he:and fa, va ue and-thou!knnv,.ircije D'Ov,ded,however,that v,-lolOwl­,laoh.such records snarl not beconst-wed tc c,40t-leCo-cls any of Ine a',cols of Vat"a,;oca,eMV­GI,hr,,:W D,Otl.o ron.,19 bo,'!d N; health 0,P.bl-c safety auTho-.I.e& 0'tom nehy Dams ,hiesS rot C,of the g.,.c,,or L,,W:I,soots appears or the P,ib,,c IeCo-ds a-Date of Pole,c cu a"eL.adve•-� vv-clams.a,erne' oiff,t iji createdCompanyed,9s$j`he0 a-39-ked!a by The nsi,ed coa.man: lb)not known to The Company and-01 "..I"I ,"I.t, -Dances.Or O - w to the ec cl -a a -e the,.1 Date of Pa ,-!urea a-a-The 03:.$"Ch c 4-man.acQu.red an estate O.-je.est,-!ureaby jh.%pa,CV 0. 8ZQ­1tO the-Then oub.-C roc C, but k W1eO r­0,7p;;e a"ro:cl.sclosed-n-!�q b,, Int .10-tJ C.3 Md-.C.the corrop.­,,0 c 1c,Int date such-ro "suled C!a:mant became an nW,td he!ejMdt,.'to soli o r;.1 n loss 0,damage TO Ifte o7sulea Va too atllch:nq 0.Crewed WbieQ,,­ lj Dale at P 0,.Cv (except to the em! I nsu,oroce's afforded he-e-r 3%*a anv To.,t 0-v "elf 1 0, !ab-3- a, -a terra 0 1 to the e.TeMT -"walCor, M­e.n.%to assessment,foe Sj,er:on., PC cV I PfOvements uncle,Construction of completed of Dime of U*oen0r,,ctaP .IV as the 1,er of he Ptv-ed mortgage b.-La,se of to.-.,e of the"awed at Date of Po:.Cy 0•of any%VbseQ.en-.ovyne,of the indebtedness to Comply Vy-Th 0001-COD-.ft rog bit tit":aws Do the state ro oovh.ch thf- a.a-s s.%w;ltecf NOTE The 10 17-64 amendments ol st.cl,vs-or,s 1 and 2 abort V,-l'be-CwPolazed role, the DOI.CV PV attachment of an"Endorsement Amend,ng Potty",endorsement number FA 27 1 SCHEDULE B Tr, Does qR nso loss Or T13139e by leaso,a'tIe rnalto's shown n pa,!i one a,,cl t.o following Toles c'assessments V,,h,ch are not show, as e-ST"6 1,rht by the lCO,Cl%Of any fa..Mq ai.ho,ly That'".es tares of assessments on leaf property or by The Pub:-C records Any fazis� -gl,,,. nte,ests• or palmsh,cn ale nog shown by the Dub'-[ records but wv',CPI Cou'O be asre'la,ned by asp.c t.on of said land 0, by M -ekong qu"y of oe'vo�j.,DO""s'a']hereof t, ro E aserne,vs,c'a"I't of ras-meni a-e,cvMb,alces.-,ch are hot shown by loot Pubhc leto-di 4 D wofza,c.es,cohfhcls on vouncla,y -ones.shortage on are,t,"Th,OaChment,.0,any Other facts VvI,Cn j Co,jtCl Survey ,00vid d-sclose.and wh.ch are not shown by pub-.- 5 U1P3!,o-?Pa1 on-ro,hg Clams.lesfolva!-Ont 01 ENCePt-c--n P31rIls at on Acts juirot-i-ng the s%aance 1p.e,vo, wale,T,h,s.clams a-T-tfe to wale, "KH6 Any.e-.0, ,qhl 10 a 1-ton.10,selv-ces.labo,a,rnale,,al the,etafore at heltj'itf foa-sheo --ted by law and no,shown by The Publ,c records 0-Y 42082 REV 3'851 Page I _6LO -4 i EXHIBIT "I" to MEMI0RA;;D1. t OF 0 TIO'N Real proper:; situated in theTovn of Los Gatos, County of Santa Clara, State of California, described as follows: ALL OF LOTS 11, 12, 23 and 14 in Section 26, Township 8 South, Range I West, Mount Diablo Base and Meridian, according to the Official Map thereof on file in the office of the Federal Bureau of Land Management, approved on April 17, 1882. EXCEPTING FROM the parcel of land firstly hereinabove described that certain parcel of land described as follows: PORTION OF LOTS 12 and 13 of Section 26, Township 8 South, Range I West, and being more particularly described as follows: CO: NCING at the Northwest corner of Lot 12, running thence South along the West line of Lots 12 and 13, 40 chains to the -Southwest cornea of Lot 13, running thence East along the South line of said Lot 13, 10 chains; thence Nort:: and parallel with the first described line 40 chains to a point on the North lf.ze of Lot 12; thence Vest along the said North line of Lot 1230 10 chains to the place of commencement. TOGETHER WITH a right of way as provided for in the Deed from L. G. Casaletto, et ux, to P. E. Rogers, dated April 28, 1923 and recorded May 18, I923 in Book 23 Official Records, page 486, as follows: RIGHT OF WAY over and across any part or portion of said 40 acres hereby reserved to the Grantors and which said right of way shall be for ingress and egress over the lands of the parties of the first part to the lands of the party of the second part, said right of way when made and built is to be made and built there most feasible and accessible and of sufficient width for access to said land for any and all kinds of vehicles. AI'N: 537-08-002 EXHIBIT 0 . I WHEN P_E'C=ED RETjP,:,. TO: Midpeninsula Regional Open Space D-4strict 375 ID_iS:-.Z.7 Circle, Sulte D-1 Los Altos, Cali-fornia 94022 ArrL'TENTION: L. Craig Britton MEIIOPANDUIM OF OPTION THIS ME:40RANDUMI OF OPTION is dated this th day of August, 1985'and is notice to all concerned that an Option and Purchase Agree'ment was entered into by and between Midpeninsula Regional Open Space District ("Optionee") , and Ernest B. Eilertsen and Alice Ann Eilertsen, husband and wife (collectively, "Optionor") , on the th day of August, 1985 , wherein Optionor granted to Optionee the exclusive right to purchase that certain real property owned by OPtionor as described in Exhibit "I" attached hereto and made a part hereof- by this reference. The te---,-.i of said Option is from the date hereof to and including March 1 , 1986 . IN WII,T'.,,-_='SS T.",'H_EREOF, the parties have caused this Memorandum of Option to be executed as of the date first above written. OPTIONEE OPTIONOR MIDPENI NSU_Tj_N REGIONAL OPEN SPACE DISTRICT APPROVED AND ACCEPTED: Ernest B. Eilertsen President, Board of 5-1-rectors Date: ATTEST: Alice Ann Eilertsen -District�Clerk Date: Date: Page of EXHIBIT "A" TO JOINT POWERS �CD P 1 _ AGREEMENT 14 I rl " sit I I u I W u a N • � X z � • { W _ I � v W r-r-- I N { T W { Q I = { { Q S { _ I V r ►.,+ 1apa�g� I I ;0Btl, 0 3� : q SI Y + u u✓+G O •F.W V �•+ O v W ur uv r V r 0••f C W w due of EXHIBIT "B" TO JOINT POWERS AGREEMENT PARK, RECREATION, SCENIC AND OPEN SPACE EASEMENT WHEREAS , the Midpeninsula Regional Open Space District, a Public District, hereinafter referred to as "DISTRICT," and the Town of Los Gatos , a Municipal Corporation, hereinafter referred to as "TOWN, " have heretofore entered into that certain Joint Powers Agreement dated March 1986. WHEREAS, pursuant to which agreement, TOWN and DISTRICT agreed to participate jointly in purchase costs and fees associated with acquisition of the proposed ''Eilertsen Addition to the Sierra Azul Open Space Preserve" which is described in Exhibit "I" , as attached hereto and incorporated herein by this reference (herein- after called Subject Property or Property) ; and WHEREAS, TOWN and DISTRICT desire that said Subject Property shall forever remain as part of the parks, recreational, ecological and aesthetic resource of the Midpeninsula area; and WHEREAS, it is now the desire and intention of TOWN and DISTRICT, pursuant to said Joint Powers Agreement, that the lands described in said Exhibit "I" be made subject to an easement for park, recreation, scenic and open space purposes for the benefit of TOWN, its successors and assigns. NOW, THEREFORE, in consideration of the substantial payment being made toward the purchase of the Subject Property by the parties , the public benefit to be derived therefrom, and in order to insure that the Subject Property will be preserved in perpetuity, DISTRICT hereby grants to TOWN, and TOWN hereby accepts from DISTRICT an easement upon, on, over, under, and across the Subject Property as described in said Exhibit "I" for parks , recreation, scenic and open space purposes , upon the following terms and conditions : EXHIBIT "B" TO JOINT POWERS AGREEMENT Park Ease.-went Page 2 1. District Covenants . DISTRICT hereby covenants and agrees , for itself and its successors and 'assigns, that all of the Subject Property as described in Exhibit "I" shall be forever used and operated as , and maintained and managed for, open space, wilderness , park, agricultural, watershed, scenic, low intensity recreation, or similar purposes (hereafter referred to as "Permitted Uses") and for no other uses or purposes inconsistent therewith, all as contemplated by or in accordance with the follow- ing excerpt from DISTRICT'S Basic Policy as adopted by DISTRICT'S Board of Directors on March 27 , 1974 , to wit: "The District will follow a land management policy that provides proper . care of open space land, allowing public access appropri- ate to the nature of the land and consistent with ecological values. " 2. Permitted Uses. Open space and low intensity recrea- tional use, or Permitted Uses, which are allowed under the terms and conditions of this Easement without further restriction include, but are not limited to, the following: a) Pedestrian hiking trails b) Equestrian riding trails c) Mountain bicycle trails d) Casual public picnicking e) Portable sanitary facilities f) Nature study and environmental education g) Photography h) Public drinking water facilities i) Kite flying j ) Scenery painting k) Wildlife observation 1) Compatible agricultural uses m) Meditating n) Unpaved public parking areas EXHIBIT "B" TO JOINT POWERS AGREEMENT Park Easement Page 3 0) Primitive campsites (back pack camping) p) Other uses which the DISTRICT. may from time-to-time determine to be low intensity recreational uses DISTRICT shall plan, design and develop such facilities as are reasonably necessary for public use and enjoyment of said Property for open space or Permitted Uses as defined above. 3. TOWN' S Recommendations Advisory Only. DISTRICT, for the purpose of this Easement, shall consider but shall be free to accept or reject the recommendations or suggestions of TOWN as to how DISTRICT should plan, design and develop such facilities as enumerated in Paragraph 2 above. However, nothing herein shall limit the rights of TOWN or other governmental agencies having jurisdiction over the Subject Property as provided by law, ordinance or other source. 4. Prohibited Uses. Use and development of the Subject Property which would significantly change or compromise scenic or natural values shall be prohibited, except as to those Permitted Uses referred to in Paragraph 2 above. DISTRICT hereby covenants and agrees that DISTRICT shall enact and enforce ordinances or policies that will prohibit any of the following activities on the subject property: a) Construction or maintenance on or within the Subject Property of advertising signs of any kind or nature, except for identification purposes consistent with the public use of said Property for parks, recreation, scenic and open space purposes as defined herein. b) Commercial extraction of minerals or natural resources from the land. EXHIBIT "B" TO JOINT POWERS AGREEMENT Park Easement Page 4 c) Construction of any residential, commercial or industrial structure, including, without limitation, any hotel, inn, condominium, town house, or rental apartment project, except for the possible limited residential use by personnel engaged in maintenance and patrol of the Subject Property for purposes consistent with this Easement. d) Operation on the p o Subject Pr 3 . perry of any motor bike, tra il l bi ke, go-c art motor-driven other r m otor driven or powered vehicles except those motor-driven or powered vehicles reasonably necessary for DISTRICT to use, develop, patrol or maintain the Subject Property -or by the public to reach the recreational facilities provided, but in accordance with the Permitted Uses pursuant to the terms , conditions, restrictions and covenants set forth for the Subject Property herein. e) Dumping or placing of any public trash, waste or garbage, except in receptacles maintained by DISTRICT or TOWN. I Zc. ) .Use of f i rearms , a=.ra- ns or dang`ro!:s weapons by the public. g) Hunting or exploitation of natural wildlife, except when required for public health and safety. h) Commercial cutting of standing timber other than for public safety or consistent public purposes. II EXHIP-"' "B" TO JOIN'- DWERS Park Easement AGREEMENT Page 5 i) Planting of vegetation on the subject Property, except for DISTRICT approved soil management, erosion control, reforestation, compatible agricultural uses and planting of native California vegetation, and normal landscaping and screening of park and recreation areas and public facilities in connection therewith, consistent with the intent and purpose of this Easement. j) Excavation or other topographic changes except for specific park, recreation and open space projects consistent with the intent and purpose of this Easement. Thegeneral topography of the Subject Property shall be maintained in its present condition. k) Use of the Subject Property which does or will materially alter the natural landscape or open space character of the Subject Property other than those Permitted Uses enumerated herein. 1) Any use other than parks, recreation, scenic or open space uses as provided herein. m) The development of said Property for any amusement or "theme park" or any use that would require more than one-tenth of one percent (1/10%) of the total land area to be paved or otherwise developed with imper- vious surface (roads, parking lots , roofs , or similar development) . n) Use of fireworks and pyrotechnics . EXH--TT "B" TO JOl POWERS AGREEMENT Park Easement I page 6 5. Easement Intent. It is the intent of this Easement to yrohibit anv development or physical improvements which would impair the visual resource of said Subject Property, and to limit the use and development on the Subject Property to those Permitted Uses 4efe=red to in Paragraph 2 hereinabove. 6 . Gonde=nation. If the Property described herein is sought. tb be acquired, appropriated or condemn ed for another public use by any � ; .u' y public c or quasi-public bl'q p zc entity, the presumptions contained iP. Section+ .�" '240. 680 _ of the Cade of Civil Procedure and Section 5542. 5 of. the Public Resource Code shall apply and be asserted. 7. Remedies Upon Default. a) In the event the DISTRICT, or an successor in interes t st of the DISTRICT, breaches or violates any of the covenants, conditions, or restrictions contained herein, TOWN, pursuant to action by the Town Council, shall give the then record owner of the Subject Property written notice of such breach or violation. Any such notice shall specify with particularity the nature of the breach or violation cl aJ.-ned and shall set forth in detail the actzr_ which the party giving such notice requests be taken in order to cure the claimed breach or violation. b) If such breach or violation continues uncured for a period of sixty (60) days or more after the giving of such notice , TOVN_ shall have the right to prosecute any proceeding at law or in equity against the then record owner of the Subject Property or any other person violating, attempting to violate, or breaching any of the provisions contained herein, in order to prevent the violating or breaching party or any such person from violating or attempting to violate or EXHIBIT "B" TO J01, POWERS Park Easement AGR--MENT Page 7 breach any of the covenants , conditions , or restrictions contained herein. The remedies available under this Paragraph shall include, by w ' - way Of illustration, but not limitation, ex party applications for temporary restraining orders , preliminary injunctions , and Permanent injunctions enjoining or remedying any such violation or breach or attempted violation or breach. If TOWN or DISTRICT or any successor of DISTRICT .1 L shall bring an action against any of the other parties hereto by reason of the violation or breach of any covenant, condition, or restriction contained herein, or I otherwise arising out of the terms of this Easement, the prevailing party in such suit or proceeding (as determined by the Court) shall be entitled to recover attorneys ' fees which shall be payable whether or not such action or proceeding is prosecuted to judgment, provided that no award of attorneys , fees shall be rendered against either party unless the court finds that such party 's action or inaction is willful and in bad faith. S. Binding on successors . It is further understood and , agreed that this Easement and each and every tern, condition, restric- tion and covenant contained herein is made and intended for the benefit of TOliN, its successors and assigns , and that it constitutes an enforceable restriction. This Easement is expressly intended by T0'V7-N and DISTRICT to run with the land described in Exhibit to ccnstit-ute an equiL --e servitude therein, and shall bind each and every successive owner of said Property, or of any interest therein, and shall be enforceable by T0167NO its successors and assigns. EX14---[T of 13 TO JOI POWERS AGREEMENT Park Ease-ment Page 8 9. Mortgagee Protection. No breach or violation of any of the covenants, conditions or restrictions contained herein shall defeat, render invalid, diminish, Or impair the lien of any mortgage or deed c-ff trust made in good faith and for value encumbering the Subject. Property or any portion thereof, but all of the covenants, conditions and restte rictions contained herein shall be binding upon and effective against each owner of the Subject Property, or any portion thereof whose title hereto is acquired by foreclosure, trustee' s sale , or otherwise. 10. Severabilitv. Invalidation Of any one or more of the covenants , conditions, restrictions , or other provisions contained herein by, judgment or court order shall not invalidate any of the other cc%,enants, conditions , restrictions,, or 'other provisions contained herein and the same shall remain in full force and effect. 11. Amendment and Termination. This Easement shall be effective as of the date of recordation hereof in the Office of the Santa Clara County Recorder, and may, with written consent of DISTRICT, be amended in whole or in part or terminated only by a. written instrument executed by TO;vN, , or any successor of TOWN (by reorganization Or otherwise) , pursuant tL-O resolution adopted by the -own council of Los Gatos in behalf of and for the owners and occupants of all other parcels or real property located in the TOI-i-N, and by all of the then record owners thereafter recorded, in the Office of the Santa Clara County Recorder. Nothing herein shall be deemed to require the approval or consent of any other owner or occupant of any other parcel of real property located in the Town of Los Gatos for such amend-gent, in whole or in part, asement. E or Eor the termination of this E 12 . Failure to Enforce Not .a Ilaiver. The failure of =,-;N or its successor to enforce any of the provisions contained herein shall in no event be deemed a waiver of the right to do so there- after, nor of the right to enforce any other provision hereof. E--'TBIT "B" TO J T POWERS A(,xEEMENT Park Easer:ent Page 9 13. Discretion of DISTRIC-T. It is acknowledged by the parties that DISTRICT is a public agency governed by an elected Beard of Directors which is charged with the management of its lands pursuant to the California Public Resources Code (see, e.g. , Sections i 33 1, 5565) . It is not the intent of the parties to limit said Board' s good fait: exercise o= discretion in its effort to enforce rules , regulations or policies pursuant to this Casement upon or with respect to the Subject Property. TOWN OF T�fls GA TOS MISPENINSULA REGIONAL OPEN SPACE DISTRICT By: By: Mayor President, Board of Directors ATTEST: ATTEST: Town Clerk District Clerk Date: Date: I EXY TT go n TO JOi POWERS AGREEMENT Real property situated in the Tou-n of Los Gatos, County of Santa Clara, State, of Californla, described as follows: ALL Or LOTS 11, *2, 13 and 14 in Section 26, Township 8 South, Range 2 West, ?fount Diablo Base and 'Meridian, according to the Official Map thereof on file in the office of the Federal Bureau of Land Yznag—ent, approved on April 17, 1882. EXCEPTING FROH the parcel of land firstly hereirabove described that certain Parcel of la=d described as follows: ' I PORTION OF LOTS 12 and 13 of Section 26, Township 8 South, Range 1 'West, and being more particularly described as follows: COMMENCING at the Northwest corner of Lot 12, running thence South along the West line of Lots 12 and 13, 40 chains to the 'Southwest corner of Lot 13, -- running thence East along the South line of said Lot 13, 10 chains; thence North and parallel with the first described line 40 chains to a point on the North line of Lot 12; thence Vast ala;;g the said North line of Lot 12, 10 chains to the place of commencement. T t . TOGETHER WITH ti ,- Iln a right ax way �.s provided for in the Deed from L. G. Casaletto, et ux, to P. E. Rogers, dated April 28, 1923 and recorded May 18, 1923 in Book 23 Official Records, page 486, as follows: RIGHT OF WK over and across any part or portion of said 40 acres hereby reserved 0 t th e Grantors r ntors and which said right of way shall g y 11 be for ingress and egress over the lands of the parties of the first part to the lands of the party of the second part, said right of way when made and built is to be made and built where most feasible and accessible and of sufficient width for access to said land for any and all kinds of vehicles. APN: 537-08-002 8XHISIT page_�...,of R-86-22 Al (Meeting 86-07 Xi°h March 26, 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT March 19, 1986 TO: Board of Directors FROM: H. Grench, General Manager CONTRIBUTORS : J. Fiddes, Administrative Services Manager; C. Britton, Land Acquisition Manager; D. Hansen Land Manager;er• M. Hale, Public Communications Coordinator SUBJECT: Preliminary Action Plan for the Implementation of the Basic Policy of the Midpeninsula Regional Open Space District for Fiscal Year 1986-1987 In troduction: The District' s activities each year have been guided since 1974 by an Action Plan, which implements the Basic Policy and other Board policies. The Action Plan's function is to summarize the purposes of the District' s major programs, to identify key projects and activities, to allocate budget, and to be a basis for evaluation of progress. I The attached preliminary Action Plan for fiscal year 1986-1987 includes the proposed objectives and the key projects and activities presented at your February 2£ meeting for the Open .Space Acquisition, Open Space Management, and General Management and Program Support Programs (see report R-86-13 of February 5, 1986 and memorandum M-86-19 of February 14, 1986) . The following change has been made in the material presented to Pr you at that meeting: Open Space Acquisition Program: Negotiations Subprogram -- A new key project and activity has been added that states: "Implement new land acquisition policy relating to use of eminent domain, Brown Act imple- mentation, annexation, and acquisition of lands outside the District' s boundaries" . At your February 12 meeting, you reviewed the proposed key projects and activities for the Communications Program. You directed, after con- siderable discussion of the material proposed, that staff return at the Mlarch 26 meeting with revised key projects and activities for the Program based on staff' s presentation and your comments. The attached preliminary Action Plan for the Communications Program includes revised key projects and activities, as well as proposed other typical projects and activities for its three subprograms. As I indicated at the February 12 meeting, you could continue your review of the proposed Preliminary Action Plan for the Communications Program at your March 26 meeting if you feel more discussion is necessary. Please note again that the following title changes are being proposed for this Program: R-86-22 Page two Current Proposed Public Communications and Governmental Communications Program Liaison Program Public Participation and Education Public Affairs and Education Subprogram Subprogram Public and Private Liaison Subprogram Organizational Relations Subprogram Media Subprogram Media Relations Subprogram In order to facilitate your review of the 1986-1987 preliminary Action Plan, the corresponding subprogram section from the 1985-1986 Action Plan accompanies each of the proposed 1986-1987 subprogram sections. Margin notes indicate changes in the Other Typical Projects and Activities sections, as well as changes from February 12 in key projects and activities in the Open Space Acquisition and Communications Programs. A triangle following the number of a key or other typical project or activity indicates that major consultant assistance or other outside help would be required for the project or activity to augment staff' s efforts. Discussion: The proposed Action Plan describes the District's major programs for fiscal year 1986-1987, and they are: I. Open Space Acquisition Program A. Negotiations Subprogram B. Special Projects Subprogram C. Enterprise Activities Subprogram II. Open Space Management Program A. Planning, Design, and Development Subprogram B. Operations, Maintenance, and Volunteer Subprogram III . Communications Program A. Public Affairs and Education Subprogram B. Organizational Relations Subprogram C. Media Relations Subprogram IV. General Management And Program Support The preliminary Action Plan could be altered as a result of the budget preparation process and, in particular, Budget Committee review of the Open Space Management Five Year Staffing Master Plan (see report R-86-14 of February 7, 1966 and memorandum M-86-22 of February 20, 1986) . Possible staffing increases or changes in the Open Space Management Program as a result of the Open Space Management Study currently being reviewed by the Budget Committee have been included in italics in the material being presented to your, for consideration in this report. A final Action Plan will be presented along with the recommended new budget. The following sections highlight proposed changes in Other Typical Projects and Activities and staff resources for the Open Space Acquisition, Open Space Management, and General Management and Program Support Programs. The Communications Program' s section focuses on the revised key projects and activities, as well as other typical projects and activities being presented for your consideration. R-86-22 Page three Open Space Acquisition Program As noted earlier, a third key project and activity has been added to the Negotiations Subprogram relating to the implementation of new land acqui- sition policy relating to the use of eminent domain, Brown Act imple- mentation, annexation, and acquisition of lands outside the District' s boundaries. Because of this addition, the fourth other typical project and activity in this subprogram from 1985-1986 has been dropped from the Action Plan. No other changes have been made in the Program' s other typical projects and activities from 1985-1986. Staff is continuing to review the Real Property Representative position which has been vacant since the beginning of the fiscal year. Although additional help is needed in the next two years at a minimum, particu- larly to manage District leases effectively, in the longer term the probable decrease in acquisition funds may call for a scaled-down program. Thus, alternatives to a full time permanent position are being considered. A determination on the filling of this position may be made prior to the end of this current fiscal year. Open Space Management Program Other typical projects and activities in the Planning, Design, and Development Subprogram remain almost identical to those in the 1985-1986 Action Plan. Two projects regarding developing resource management plans and policies have been consolidated into a proposed key project, and the only new typical project is to prepare comprehensive background studies to aid in acquisition and open space management planning decisions. This has been included in the planning workload in the past, but not acknowledged in the Action Plan. j Within the proposed typical projects of the Operations, Maintenance, and Volunteer Subprogram are two projects which were key projects in fiscal year 1985-1986 : the Docent Program and the dog experiment. These projects are now considered a typical component of the Subprogram's activities, particularly if the dog program becomes permanent and not Dust an experimental project. A new important project has been included relating to the completion of a contracted study with recommendations for Board approval on resolving the Ranger and site safety issues. Open Space Management' s work programs have been geared to completing projects which are similar to or the same as the current year' s Action Plan, with a few new projects anticipated. It should be noted that the work program is also based on the assumption of implementing the staffing changes that are recommended in the five year staffing master plan for the Open Space Management Program. The required staff re- sources section for both subprograms reflects implementation of the proposed 1986-1987 phase of the staffing study; positions that are included in the staffing study are indicated in italics. The Budget Committee is currently in the process of studying the entire staffing master plan, and once the Committee has completed its review, staff would return to you to request approval of the concept of the Five Year Open Space Management Staffing Plan with possible modifi- cations. Staff would also have to seek your authorization to create and fill any of the new positions that are listed in the required staff resources sections for the Planning, Design, and Development Subprogram and the Operations, Maintenance, and Volunteer Subprogram. At your February 26 meeting, you directed staff to prepare a process schedule for the updating of the District Master Plan and inclusion of the full Sphere of Influence. The proposed schedule is attached at the end of the Action Plan material. R-86-22 Page four Communications Program The original concept for the Communications Program presented at your February 12 meeting consisted of a staged zero-based five-year program. Great emphasis was to be placed on District publications during the first two years so that the new District printed-image could be the basis for other facets of Communications. Assuming current staffing levels and nominal increase in budget, this approach necessitated some reduction in emphasis in other areas for 1986-1987. However, it seemed clear from your reaction, individually and collectively, that you did not wish to cut back on emphasis on other important activities nor the variety of such activities. Therefore, the revised approach herein represents a slower approach toward publications revamping, since this project is simply added in as a key project on a par with the others. How far we can get on the publications work will depend in large part on the budget allocation for and availability of some consultant help, as identified, for other projects. While not dropping other activities staff has been doing, an Item No. 5 has been added to the Public Affairs and Education Subprogram' s key projects as a very broad new project to consider District image and redesign. Staff will be reviewing all of this in the budget process, and expects to have in-depth discussions with the Budget Committee. At the February 26 meeting, the development of a new graphic identity for the District was considered by the Board and by the public to be a major issue and that more time needs to be spent before implementation can begin. This type of discussion might lend itself to a public work- shop format. The intergovernmental activities requested by the Board have been specifically addressed under the proposed organizational Relations Subprogram. Various ideas brought up at previous Board meetings have been incor- porated into all three subprograms. General Management and Program Support No changes are being proposed in the other typical projects and activities for this Program. Required staff resources have been altered to include the new part-time Receptionist-Typist position. The position may not be sufficient to handle the heavy workload in this area even if the hours are increased to the authorized full time, and additional administrative help may have to be considered during the year. Note, however, that the Accounting Specialist is now ably performing her job on a less than full time basis. Staff Resources Total staff resources , as proposed in the Preliminary Action Plan, for each of the District' s major programs are listed below. Allocation of significant percentages of each staff member' s time among subprograms is included in the preliminary Action Plan, and unless otherwise noted, a staff member' s time is allocated to a single program, even though the staff person may work to some extent in other areas. As noted earlier, proposed staffing changes relating to the 1986-1987 phase of the Open Space Management Staffing Study have been included in italics in the staff resources sections for the Open Space Management Program. R-86-22 Page five Open Space Acquisition Program Land Acquisition Manager (F) Real Property Representative (F - under review) Real Estate Research Analyst (F) Secretary - Open Space Acquisition (F) Student Intern (T) Open Space Management Program Land Manager (F) PAincipaZ Open Space P.iannet ( F) Open Space Planner (F) Engineet (T of PC) Environmental Analyst (F) Operations Supervisor (F) Supervising Rangers (3 F) Cam Sen.iot Ranger ( F) Ranqers (10 F) Open Space TecAn.icia.nz (4 P and l T) Docent Cootd.inatot ( P) Votun-teet Cootd.inatot ( P) Administrative Assistant (F) Secretary - Open Space Management (F) Communications Program Public Communications Coordinator (F) r Public Communications Secretary (F) General Management and Program Support General Manager (F) Administrative Services Manager (F) Office Manager/Secretary to the General Manager (F) Accounting Specialist (P) Receptionist-Typist (P) Controller (P) Legal Counsel (PC) Code : F = Full-time Employee; T = Temporary Employee P = Part-time Employee; PC = Private Contract Recommendation: I recommend that you review the proposed Preliminary Action Plan for Fiscal Year 1986-1987, modify it as necessary, and tentatively adopt the Preliminary Action Plan. It will serve as the basis for formulation of the coming fiscal year' s budget. i ACTION PLAN FOR IMPLEMENTATION OF THE BASIC POLICY OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FOR THE 1986-1987 FISCAL YEAR I. Open Space Acquisition Program II. Open Space Management Program III: Pttl�l �-Eex t�nieat a s-and Comm(.nicationz P,%ogicam 6e�te�nx3e��al-biaise�-P�e �a� g IV. General Management and Program Support ate.- OPEN SPACE ACQUISITION PROGRAM Subprograms A. Negotiations B. Special Projects C. Enterprise Activities To Implement the BASIC POLICY OBJECTIVE: The District will purchase or otherwise acquire interest in the maximum feasible amount of stratecdc oven space within the District planning areas . I 1 1985-1986 Negotiations Subprogram Objective The objective of the Negotiations Subprogram is to provide for the acquisition of all real property rights necessary to secure a recreational greenbelt in the foothills and baylands, utilizing the major portion of the District's income. Key Projects and Activities 1. Eliminate the Previous Land Commitments backlog by completing the acquisition of the Mt. Umunhum property. 2. Convert the budgeted funds in the New Land Commitments budget category into strategic open space lands at desirable prices (fair market value or less) including, where possible, private financing with favorable terms. 3. Work with Peninsula Open Space Trust to complete at least one acquisition project within the District' s Sphere of Influence that significantly furthers the District's overall open space goals.* Other Typical Projects and Activities . 1. Initiate and maintain contacts with landowners, real estate appraisers and brokers, developers , architects, engineers, zoning andplanning officials, and financial institutions. 2. Explore various alternative terms of purchase (options, install- ment purchases , defeasible fee, etc. ) to offer advantages and incentives to landowners, as well as to the District. 3. Explore additional methods to protect open space lands for less than the total cost of fee acquisition (open space easements , acquisition of development rights , development dedication, exchange or *sale of development rights, cooperation with private individuals and groups , etc. ) . 4. Institute eminent domain proceedings, in the extraordinary case, Dropped in the event negotiations fail to produce an agreement on terms of purchase where the parcel involved is key to the District' s program and in accordance with Board policy.* 5. Continually compile current information on real estate market activity, including ordering preliminary title reports on a timely basis for parcel availability potential. 6. Catalog information of special interest , such as deed restrictions, encumbrances , financing and tax considerations. This activity includes the establishment and continuation of a working relation- ship with title companies and other information sources. Required Staff Resources 55% of time of Land Acquisition Manager 35% of time of Real Property Representative** 40% of time of Real Estate Research Analyst 45% of time of Secretary - Open Space Acquisition *May be subject to change based on policy discussions currently in progress . **Position under review . 2 1986-1987 Negotiations Subprogram Objective The objective of the Negotiations Subprogram is to provide for the acquisition of all real property rights necessary to secure a recreational greenbelt in the foothills and baylands, utilizing the major portion of the District's income. Key Projects and Activities 1. Convert the budgeted funds in the New Land Commitments budget category into strategic open space lands at desirable prices (fair market value or less) , including, where possible, private financing with favorable terms. 2. Work with the Peninsula Open Space Trust to complete at least two acquisition projects within the District's Sphere of Influence that significantly further the District's overall open space goals. 3. Implement new land acquisition Policy relating to New use of eminent domain, Brown Act implementation, annexation, and acquisition of lands outside the District's boundaries. Other Typical Projects and Activities 1. Initiate and maintain contacts with landowners, real estate appraisers and brokers, developers, architects, engineers, zoning and planning officials , and financial institutions. 2. Explore various alternative terms of purchase (options, install- ment purchases, defeasible fee, etc. ) to offer advantages and incentives to landowners, as well as to the District. 3. Explore additional methods to protect open space lands for less than the total cost of fee acquisition (open space easements, SaLrre acquisition of development rights, development dedication, exchange or sale of development rights, cooperation with private individuals and groups, etc. ) . 4. Continually compile current information on real estate market activity, including ordering preliminary title reports on a timely basis for parcel availability potential. Catalog information of special interest, such as deed restrictions, encumbrances, financing and tax considerations. This activity includes the establishment and continuation of a working relation- ship with title companies and other information sources . Required Staff Resources 55% of time of Land Acquisition Manager 35% of time of Real Property Representative* 10% of time of Real Estate Research Analyst 15% of time of Secretary - Open Space Acquisition Position under review. 3 1985-1986 Special Projects Subprogram Objective The objective of the Special Projects Subprogram is to establish and maintain a broad base for the acquisition program by coordinating District efforts with private and other public agencies, to develop additional acquisition revenue sources, and to provide the critical information necessary to a successful acquisition program. Key Projects and Activities 1. Complete the San Mateo County Baylands Reserve federal Land and Water Conservation Fund grant and keep abreast of other grants available to the District. Submit at least one Land and Water Conservation Fund grant request and at least one 1984 State Parks Bond Act grant request. 2. Seek and encourage agencies and groups to undertake sole or joint acquisition projects which will preserve additional open space such as the San Mateo County section of the Bayfront Trail. 3. Analyze, in conjunction with Open Space Management Program, par- ticular geographic areas of the District, such as the San Mateo County baylands north of Dumbarton bridge, to develop acquisition recommendations and project costs. Other Typical Projects and Activities 1. Maintain a multi-year spending plan for land acquisition which optimizes use of cash and borrowed funds to accomplish acquisition goals within budget constraints. 2. Encourage other agencies to apply for grants that will enhance overall open space goals. 3. Maintain a relocation assistance program utilizing staff and consultants as necessary. 4. Keep abreast of real estate market activity and maintain index where necessary for use in cost estimate and appraisal analysis. 5. Review agendas and minutes of other appropriate agencies. Review information on local , State and Federal regulations (e.g. , zoning, subdivision and urban services, and on restrictions or plans contained in general plan elements and other planning studies) . 6. Investigate, as time constraints allow, the orderly disposition of title and legal encumbrances on District owned land (mineral and water rights , prescriptive easements , encroachments , etc . ) . Required StaffResources 30% of time of Land Acquisition Manager 15% of time of Real Property Representative * 30% of time of Real Estate Research Analyst 25% of time of Secretary - Open Space Acquisition *Position under review . 4 1986-1987 Special Projects Subprogram Objective The. objective of the Special Projects Subprogram is to establish and maintain a broad base for the acquisition program by coordinating District efforts with private and other public agencies , to develop additional acquisition revenue sources, and to provide the critical information necessary to a successful acquisition program. Key Projects and Activities 1. Complete the San Mateo County Baylands Reserve federal Land and Water Conservation fund grant project and keep abreast of other grants available to the District. Submit at least one Land and Water Conservation Fund grant request and at least one Roberti- Zlberg-Harris grant request. 2. Seek and encourage agencies and groups to undertake sole or joint acquisition projects which will preserve additional open space such as the San Mateo County section of the Bayfront Trail and a joint project with the Town of Los Gatos. 3. Analyze, in conjunction with Open Space Management Program, par- ticular geographic areas of the District, such as the area south of Lexington Reservoir or north of Dumbarton Bridge, to develop acquisition reco=endations and project costs. Other Typical Projects and Activities 1. maintain a multi-year spending plan for land acquisition which optLnizes use of cash and borrowed funds to accomplish acquisition goals within budget constraints . 2. Encourage other agencies to apply for grants that will enhance overall open space goals. 3. Maintain a relocation assistance program utilizing staff and consultants as necessary. Same 4. Keep abreast of real estate market activity and maintain an index where necessary for use in cost estimate and appraisal analysis. 5 . Review agendas and minutes of other appropriate agencies. Review information on local, State and Federal regulations (e.g. , zoning, subdivision and urban services, and on restrictions or plans contained in general plan elements and other planning studies) . 6. Investigate, as time constraints allow, the orderly disposition of title and legal encumbrances on District owned land (mineral and water rights , prescriptive easements, encroachments , etc. ) . Required Staff Resources 30% of time of Land Acquisition Manager 15% of time of Real Property Representative* 30% of time of Real Estate Research Analyst 2:53 of time of Secretary - Open Space Acquisition Position under review. 5 1985-1986 C Enterprise Activities Subprogram Objective The objective of the Enterprise Subprogram is to manage all the District' s revenue producing activities in such a way as to maximize income from Enterprise accounts consistent with Open Space Management policies and to explore new compatible activities. Key Projects and Activities 1. Administer all leases and rental accounts, updating rental rates and other lease conditions as opportunities arise, to maximize income consistent with Open Space Management policies. 2. Carry out maintenance and improvements to rental houses to keep buildings and grounds in a safe, sanitary, and attractive condition and to increase net rental income. 3. Prepare cost/benefit studies on a case by case basis as major repair (or improvement) and rental decisions arise. 4. Provide for interim caretaker/leasehold income for former Almaden Air Force Station at Mt. Umunhum when acquired. Other Typical Projects and Activities 1. Maintain all facilities utilized in the District's enterprise program. 2. Enhance marketability of enterprise structures with long-term lease potential according to Board policy. 3. Administer Ranger-residency leases. 4. Investigate alternative lease arrangements for enterprise accounts, such as longer terms that would enhance net income to the District according to Board policy. 5. Investigate new enterprise proposals as initiated by other groups or individuals that would be compatible with District goals and objectives. 6. Modify existing agricultural leases in conjunction with Open Space Management studies (such as Russian Ridge Grazing Study) . Required Staff Resources 15% of time of Land Acquisition Manager 50% of time of Real Property Representative* 300 of time of Real Estate Research Analyst 30% of time of Secretary Open Space Acquisition *Position under review. 6 1986-1987 Enterprise Activities Subprogram Objective The objective of the Enterprise Subprogram is to manage all the District' s revenue producing activities in such a way as to maximize income from Enterprise accounts consistent with Open Space Management policies and to explore new compatible activities. Key Projects and Activities 1. Administer all leases and rental accounts, updating rental rates and other lease conditions as opportunities arise, to maximize income consistent with Open Space Management policies. 2. Carry out maintenance and improvements to rental houses to keep buildings and grounds in a safe, sanitary, and attractive condi- tion and to increase net rental income. 3. Prepare cost/benefit studies on a case by case basis as major repair (or improvement) and rental decisions arise. Other Typical Projects and Activities 11. Maintain all facilities utilized in the District's enterprise program. 2. Enhance marketability of enterprise structures with long-term lease potential according to Board policy. 3. Administer Ranger-residency leases. 4. Investigate alternative lease arrangements for enterprise Sam accounts, such as longer terms that would enhance net income to the District according to Board policy. 5. Investigate new enterprise proposals as initiated by other groups or individuals that would be compatible with District goals and objectives. 6. Modify existing agricultural leases in conjunction with Open Space Management studies (such as Russian Ridge Grazing Study) . Required Staff Resources 15% of time of Land Acquisition Manager 50% of time of Real Property Representative* 30% of time of Real Estate Research Analyst 30% of time of Secretary - Open Space Acquisition Position under review. 7 OPEN SPACE MANAGEMENT PROGRAM Subprograms A. Planning, Design, and Development B. Operations, Maintenance, and Volunteer To Implement the BASIC POLICY OBJECTIVE: The District will follow a land management policy that provides proper care of open space land, allowing public access appropriate to the nature of the land and consistent with ecological values. 8 1985-1986 Planning, Design a-A Development Subprogram Objective The objective of the Planning, Design and Development Subprogram is to provide short term and long range acquisition planning and the formula- tion and review of use and management plans, as well as overseeing the physical implementation of capital improvements such as site develop- ment and resource management, master and other special plans. Key Projects and Activities 1 . Develop , review, and coordinate the implementation of Board approved Use and Management plans in accordance with Relative Site Emphasis Policies , including commencement of planning studies for the site renovation of the Mt. Umunhum Area of the Sierra Azul Open Space Pre- serve, planning of public use facilities for the Hassler site, and development of public access facilities at the Purisima Creek Redwoods Open Space Preserve and Kennedy Road Area of the Sierra Azul Open Space Preserve. 2. Continue the liaison efforts of multi-jurisdictional projects, specifically the planning and implementation of the Bayfront Trail and the Purisima Creek Redwoods Open Space Preserve. 3 . Commence or continue implementation- of the Master Plan for the Skyline Ridge Open Space Preserve serve in cooperation with Peninsula Open Space Trust. 4 . Implement the plan for staffing changes for Open Space Management as approved by the Board of Directors. 5 . Update District Master Plan and include full Sohere of Influence. ' 6 . Complete policies for Board review and adoption and a general plan of action for Natural Resource Categorization and Management Plan- ning of District preserves. This will provide, with the aid of identified outside funding sources, for the preparation of site specific plans and decisions , including prescribed burning, grazing and other agricultural uses , control of exotic and `invasive plant species , and controlled dog and other recreational uses . 7 . Complete the formulation of trail use policies for Board approval and staff guidelines for Use and Management planning. Other Typical Projects and Activities 1 . Prepare appropriate portions of acquisition reports and grant applications . 2 . Prepare environmental assessments , environmental impact reports, and negative declarations in accordance with CEQA requirements. 3 . Continue to plan and implement with California Department of Rewxorded Forestry prescribed burns on select preserves for wildfire protection. Part of 4 . Under Board direction, implement grazing plans for select areas Key pro- of District preserves , possibly including Russian Ridge , Skyline ject4 Ridge, Windy Hill , and Long Ridge Open Space Preserves . 5 . Review other agency subdivision plans, zoning changes , general plan amendments , and environmental documents that my impact District lands. i * May be subject to change based on policy discussions currently in progress. 9 1985-1986 6. Continue to encourage cooperative development and management plans (for example, for trails) with other local jurisdictions and special interest groups such as equestrians. 7 . Gather input from user and special interest groups relating to site use and management with the aid of the Public Communications Program. 8 . Work with Open Space Acquisition group on review, monitoring, and other input regarding leases for Enterprise Subprogram and on land acquisition referrals. Part of ' Key Pro-: 9 . Develop and implement other specific Board-approved resource manage- jest #4 ment plans such as site restoration and erosion controls. 10. Prepare specific construction plans and specifications for develop- ment projects and coordinate contracted services. 11. Continue to implement volunteer student and intern programs and work with private organizations, whenever feasible, to accomplish special planning projects as well as to assist in formulating use and manage- ment plans. 12. Maintain a standardized series of maps and special presentation materials for all District lands. 13 . Complete the dev'elopment of trail use guidelines for the public and policies for Board approval. Required Staff Resources** 60% of time of Land manager 85% of time of Open Space Planner 850 of time of Environmental Analyst 90% of time of Associate Open Space Planner 25% of time of Operations Supervisor 60% of time of Secretary - Open Space Management 5% of time of Lead Rangers (3) Note: May change upon completion and adoption of Open Space Management Staffing Study currently underway. 10 1986-1987 Planning, Design, and Development Subprogram 4 Objective The objective of the Planning, Design, and Development Subprogram is to provide short term and long range acquisition planning and the formulation and review of use and management plans , as well as over- seeing the physical implementation of capital improvements such as site development and resource management, master and other special plans . Key Projects and Activities 1. Implement adopted Open Space Management staffing study changes. 2 .p Commence or continue multi-jurisdictional planning projects for the Los Gatos Creek, Mt. Umunhum, and San Mateo County Baylands and con- tinue joint public/'private planning projects for Skyline Ridge and Hassler. 3 .A Develop, review, and coordinate the implementation of Board approved Use and Management Plan reviews including the implementation of pub- lic access improvements for Skyline Ridge, Purisima, Kennedy Road Area, and Hassler. 4 . Complete the formulation of general District-wide trail use policies and resource management policies for Board approval and prepare staff guidelines for their application to site specific Use and Management Plans . 5. d Complete the update of District Master Plan in cooperation with the Public Communications Program and include full Sphere of Influence.* Other Typical Projects and Activities 1. Prepare appropriate portions of acquisition reports and grant applications . 2. Prepare environmental assessments , environmental impact reports , and negative declarations in accordance with CEQA requirements . 3 . Review other agency subdivision plans , zoning changes ,' general plan amendments, and environmental documents that may impact Dis- trict lands . 4. Continue to encourage cooperative development and management plans (for example, for trails) with other local jurisdictions and special interest groups such as equestrians . Same 5 . Gather input from use and special interest groups relating to site use and management with the aid of the Communications Program. 6 . Work with Open Space Acquisition group on review, monitoring, and other input regarding leases for Enterprise Subprogram and on land acquisition referrals . 7 . A Prepare specific construction plans and specifications for develop- ment projects and coordinate contracted services . 8 . Continue to implement volunteer student and intern programs and work with private organizations , whenever feasible, to accomplish special planning projects as well as to assist in formulating use and management plans. *May be subject to change based on policy discussions currently in progress . 'i 11 9. Maintain a standardized series of maps and special presenta- Sam tion materials for all District lands. 10 . Complete the development of trail use guidelines for the public and policies for Board approval. New 11. Prepare comprehensive background studies for acquisition or long range management and development decisions for Board and staff. Minor 12 . Continue to plan and implement with California Department of TAbrding Forestry prescribed burns, shaded fuel breaks, and other methods Change on select preserves for wildfire protection. Required Staff Resources* 60% of time of Land Manager 85% a6 time o6 PtincipaZ Open Space Ptannet 90% of time of Open Space Planner 85% of time of Environmental Analyst 90% o6 time o6 Engineet (tempotaty emptoyee an cans uttant) 25% of time of Operations Supervisor 15% of time of Supervising Rangers (3) 40% of time of Administrative Assistant 60% of time of Secretary - Open Space Management 10% ol' -time a Docent- CooAdinatot ( 112 time) *Note : May change upon final adoption of Open Space Management Staffing Study currently under review. Positions shown in italics repre- sent the 1986-1987 staffing recommendations as discussed in the study. 12 1985-1986 Operations, Maintenance and Volunteer Subprogram Objective The objective of the Operations, Maintenance and Volunteer Subprogram is to provide responsible stewardship of District lands by furnishing those public safety, maintenance, and resource protection services necessary for the effective management of these lands. An emphasis of this subprogram is to increase public education regarding natural features and awareness regarding proper use of these lands, as well as to maximize the volunteer support to aid in the physical implementation of capital improvements. Key Projects and Activities 1. Provide for security of buildings on Mt. Umunhum and complete structure demolition or renovation, under Board direction, of the buildings on mt. Umunhum and Rancho San Antonio Open Space Preserves. 2. Implement at least one new site development project with Peninsula Open Space Trust utilizing volunteer support. Increase volunteer support by 30% by utilizing the Trails Information and Volunteer Center, the California Conservation 'Corps, and Peninsula Open Space Trust for site development and maintenance. 3. Conduct a docent interpretive program, using Los Trancos Open Space Preserve, Rancho San Antonio Open Space Preserve, and Monte Bello Open Space Preserve, with outreach programs on other Preserves as guided by Relative Site Emphasis Policies. Continue to conduct spring wildflower walks at Edgewood. 4 . Evaluate success of written field policies, new field staff deploy- ment program, and field staff position changes and present any further ,� proposed changes to the Board in spring, 1986. 5. Conclude the Experimental Dog Program on four sites using improved methods of data collection for evaluation and decide on which sites, if any, the program should continue on a more permanent basis. Other Typical Projects and Activities 1. Provide an active patrol program focused on educating the public in the proper use of wildland areas and on enforcing District ordinances . 2 . Continue to provide an active fire management program for all Dis- trict sites, in both fire prevention and suppression and assistance in implementing a prescribed burning program. 3 . Implement approved and funded portions of site Use and Management Plan recommendations as scheduled, concentrating on site protection and maintenance projects as the highest priority. 13 1985-1986 4 . Provide after hours call-out services for District sites, primarily Reworded through the operation of a ranger residence program. 5. Maintain all District lands and facilities to a standard of appearance and utility in accordance with approved use and management plans and field maintenance calendar. Dropped 6. Continue a volunteer trail monitor program, as approved, in conjunc- tion with the Midpeninsula Trails Council and the Trail Information and Volunteer Center. 7. Maintain District vehicles, equipment, and field operations offices. 8 . Conduct a docent training -progra m. P;_, 9. Work with other agencies and organizations to encourage fiscal Dropped support and growth of the Trail Information and Volunteer Center pro- grams on District lands. 10. Complete implementation of approved resource management plans, in- Reworded cluding Long Ridge and Skyline Ridge grazing plans and Monte Bello and Sierra Azul restoration and erosion control plans. 11. Continue to monitor increased site use and patterns to provide docu- mented statistics for future Open Space Management decisions. 12 . Work with neighboring agencies to develop additional shared main- tenance and/or patrol agreements, including for the District' s baylands properties. 13 . Implement a monitoring plan for the Black Mountain campground to Reworded measure impacts on staff, caretaker I and natural resources. 14 . Monitor trail use conflicts at Rancho San Antonio, Sierra Azul and Windy Hill Preserves and implement or revise trail use guidelines for these areas accordingly. 15. Monitor dog use compliance with MROSD regulations at the four Reworded experimental sites. Required Staff Resources* 40% of time of Land Manager 15% of time of Open Space Planner 150 of time of Environmental Analyst 100 of time of Associate Open Space Planner 75% of time of operations Supervisor 950 of time of Lead Rangers (3) 1000 of time of Rangers (8 ) 400 of time of Secretary - Open Space Management 1000 of time of Coordinator of Volunteer Program (1/2 time) 100% of time of Ranger Aides (three part-time for eights months of the year) Note: May change upon completion and adoption of Open Space Management Staffing Study currently underway. 14 r` 1986-1987 Operations , Maintenance, and Volunteer Subprogram Objective The objective of the Operations, Maintenance, and Volunteer Subprogram is to provide responsible stewardship of District lands by furnishing those public safety, maintenance, and resource protection services necessary for the effective management of these lands . An emphasis of this subprogram is to increase public education regarding natural features and awareness regarding proper use of these lands, as well as to maximize the volunteer support to aid in the physical implemen- tation of capital improvements. Key Projects and Activities 1. Implement changes approved in adopted Open Space Management staffing study, including new position changes, study of the site and Ranger safety issue, and increased patrol and caretaker help at more remote sites of the District. 2 .G Provide for security of buildings on Mt. Umunhum and security demo- lition or renovation of buildings on other sites including all new lands and at Skyline Ridge, Rancho .San Antonio, and Saratoga Gap with help from Enterprise Subprogram. 3. Establish employee safety program approved by Board of Directors . 4. Increase volunteer support by at least 100% by utilizing added District personnel, the Trail Information and Volunteer Center, court mandated work programs , and the continuation of special t trail maintenance , clean-up and other site improvement events . 5. Explore the feasibility of establishing volunteer foot, bicycle, or equestrain trail patrol groups District wide . Other Typical Projects and Activities 1. Provide an active patrol program focused on educating the public in the proper use of wildland areas and on enforcing District ordinances. Sa=e 2 . Continue to provide an active fire management program for all District sites , including both fire prevention and suppression and assistance in implementing a prescribed burning program. 3 . Implement approved and funded portions of site Use and Management Plan recommendations as scheduled, concentrating on site protec- tion and maintenance projects as the highest priority . N_,e 4 - A Complete the contracted study on Ranger and site safety issues and present to the Board of Directors for approval . 5 . Maintain all District lands and facilities to a standard of appearance and utility in accordance with approved Use and S` Management Plans and field maintenance calendar, 6 . Maintain District vehicles , equipment, and field operations offices . 15 7. Continue to monitor increased site use and patterns to provide Same documented statistics for future Open Space Management decisions. 8 . Work with neighboring agencies to develop additional shared main- tenance and/or patrol agreements , including for the District' s baylands properties. 9 . Complete implementation of approved resource management plans , Minor including Russian Ridge, Skyline Ridge, and Windy Hill grazing Wording plans and Monte Bello and Sierra Azul restoration and erosion Change control plans . 10 . Continue a monitoring plan for the Black Mountain campground to measure impacts on staff, caretaker, and natural resources. 11. Monitor trail use conflicts . at Rancho San Antonio, Sierra Azul, Same and Windy Hill Preserves and implement or revise trail use gui de- Forrmr lines for these areas accordingly. may. 12 . Monitor dog use compliance with MROSD regulations at any sites Pi fojeqt.AFativity approved by the Board. & 13. Provide after hours call-out services for District sites, primarily Reworded through the operation of a ranger residence program, but also through caretakers , contract services, and volunteer services. Former 14 . Conduct a docent interpretive program, using Los Trancos Open Space Key Pro- Preserve, Rancho San -Antonio Open Space Preserve, and Monte Bello ject and Open Space Preserve , with outreach programs on other Preserves Activity as guided by Relative Site Emphasis Policies . Continue to conduct spring wildflower walks at Edgewood . Conduct a docent training program. Required Staff Resources* 40% of time of Land Manager 15% oJ time o6 PrLincipat Open Space PZanne& 15% of time of Environmental Analyst 10% of time of Open Space Planner 10% o6 time o6 Enginee& (tempoAa&y employee 04 con4uttant) 75% of time of Operations Supervisor 85% of time of Supervising Rangers (3) 100% 06 time o6 C&ew Senio& Range& 100% of time of Rangers (10) 1000 06 time o6 Open Space Technicians (4 and I 4ea6onat) 60% of time of Administrative Assistant- Open Space Management 40% of time of Secretary - Open Space Management 1006 06 time o6 VoZunteek Coo&dinatm ( 112 time) 90% 06 time o6 Docent CootdinatoA ( 112 time) *Note : May change upon final adoption of Open Space Management Staffing Study currently under review. Positions shown in italics repre- sent the 1986-1987 staffing recommendations as discussed in the study. 16 I PBBEle-eGMMUNIeATIeNS-AND COMMUNICATIONS PROGRAM E39VE£tNMB?4TAB-BI-A�FseN-PROGRAM Subprograms A. Public Parti-ei-patien A66ai&A and Education B. Pt�b e-a�e�-P rate-E a eert Onganiza,tionat Retationz C. Media Retationz To Implement the BASIC POLICY OBJECTIVE: The District will educate and make clearly visible to the public the purposes and actions of the District, and will actively encourage Public communications and involvemen t in District activities. 17 79a5-1986 ?,,.:hlic Participation and Education Subprogram `biective --he objective of the Public Participation and Education Subprogram is generate greater public awareness, involvement, and support of the District through a continuing campaign to inform and educate the con- stftuency about the District' s sites, programs, and goals. -Key Projects and Activities .. Schedule one o................................. 7 . r two special events to encourage site use and to �aublic_ize District. Possibilities include photo contest, orien- teering, birding, geology day, etc. Consider also a big picnic with all the groups involved with the District. 2. Based on demographic data from GRC Survey and other information, target low awareness areas for special publicity about MROSD. 3. Continue to print and distribute the Openspace newsletter and/or other District publications in line with the consensus of the Board which followed the publications workshop. Expand program of public presentations and displays with new materials and participants, with emphasis on noontime presentations to business and industry (if these prove successful in 1984-1985) . 5. If feasible, try a pilot program of placing permanent MROSD "hand- out stations" in selected libraries or other public buildings in each county. 6. Develop a "Good Neighbor" information and communication program in accordance with Board directives. Other Typical Projects and Activities 7 . - Publicize availability of District sites at a level consistent with the Board' s policy for the relative emphasis of District sites. 2. Publicize the Docent Program on selected District sites in accor- dance with the Board' s policy for the relative emphasis of District sites. m13. Publicize important public hearings to encourage public comments. Explore the possibility of a bus tour for members of the public in order to encourage volunteerism and awareness of District lands. 5. Complete investigation of feasibility of initiating a fund develop- 7--,Lent program with POST for the purpose of raising funds for news- letters, brochures, site development projects, etc. , possibly through a "gifts catalog. " • Gather input from user and special interest groups relating to site use and management with the aid of the Open Space Manag-,�rttent Pr ogram. 17�_ea..uired Staff Resources of time of Public Communications Coordinator of time of Public Communications Secretary 18 1986-1987 Title Public Affairs and Education Subprogram ge Objective The objective of the Public Affairs and Education Subprogram is to generate greater public awareness, involvement, and support of the District through a continuing campaign to inform and educate the constituency about the District' s sites, programs, and goals. Key Projects and Activities 1. Develop new brochure to present eminent domain policy and explain the District' s land acquisition policies and procedures, and its Good Neighbor Program. Content . to be approved by Board. 2. Develop new brochure to assist visitors in the enjoyment and preservation of specific Open Space Preserves. Describe the opportunities available to enjoy such activities, events and opportunities as photography, hiking, bicycling, picnicking, wildflower walks and wildlife observation, and other special public tours . New 3. A Plan for a public event at a site (e.g. , Skyline Ridge Open Space Preserve or Hassler) Board selects as most suitable for showcasing the District and increasing its visibility. 4. Publish special issue of Open Space to- test-market its potential for attracting wider public interest and participation in the District' s programs and activities. Determine prospects for partial or full cost recovery from subscription revenues; corporate and/or foundation funding. 5. Investigate feasibility of developing a new comprehensive graphic identity and printed image program for the District, including the coordination of design and creation of a new logo for stationery, publications, Ranger uniform patches, District vehicle decals, flags, slides, recognition pins, etc. Other Typical Projects and Activities 1. Revise brochures to recruit Docents and other volunteers. Print larger quantities to allow wider public distribution throughout the year. 2. Continue slide presentations with such organizations as Committee "Iew for Green Foothills (Newcomers Series) , Quota Club; employee groups such as Fairchild Instruments, United Air Lines, Lockheed, service clubs, etc. Place participants on mailing list to encourage their involvement in District activities such as Docent Programs , special events, etc. 3. Continue placement of District display at selected locations. 4. Based on demographic data from GRC Survey and other information, Former T target low awareness areas for special publicity effort about Key Project the District. Required Staff Resources 50% of time of Public Communications Cbordinator 50% of time of Public Communications Secretary 19 1985-1986 Public and Private Liaison Subprogram Objective The objective of the Public and Private Liaison Subprogram is to inform other public agencies and private organizations about the District and to secure legislation to protect the District' s funding and otherwise aid in the accomplishment of the District' s goals. Key Projects and Activities 1. Accomplish priority items for fiscal year in District' s Legislative Program utilizing services of Legislative Consultant. 2. If interest continues, conduct another bus tour of District lands for public officials and key staff. 3. Hold a joint meeting with San Mateo County Parks and Recreation Commission. 4. Schedule Board members to make presentations sometime during the year to each city and county council ,board and commission in their wards that wishes a presentation. 5. Send annual progress report to government officials throughout District. Other Typical Projects and -Activities 1. Maintain regular contact with officials of other agencies and private organizations for the exchange of information, cooperation on special Projects, and participation in special events such as conferences and seminars in order to inform the District staff and Board on current issues. 2. Continue to work with legislators, legislative committees, State and federal administrators, other agencies, private organizations, and interested citizens for information and action regarding State legislation and specific local issues. 3. Continue contact and cooperation with staff and officials of other regional park and open space districts for the purpose of exchanging information and technical expertise. Maintain up-to-date address files of government officials, private organizations , interested groups , and citizens to be used for dis- tribution of newsletter and other pertinent materials and infor- mation. Put mailing lists on District' s computer, if purchased. Send information about the District to newly elected or appointed officials in a timely manner. Staff Resources 20� of time of Public Communications Coordinator 0'5 of time of Public Communications Secretary 20 1986-1987 Title Organizational Relations Subprogram Change Objective The objective of the Organizational Relations Subprogram is to inform other public agencies and private organizations about the District and to secure legislation to protect the District' s funding and otherwise aid in the accomplishment of the District's goals. K_ey Projects and Activities Same 1. © Accomplishment -of priority items for fiscal year in District's Legislative Program. 2. Mail special issue of Open Space to government officials through- out the District and in Sacramento; and to officials of other organizations, including environmental, educational, philanthropic, et,l New 3. A Conduct a bus tour of District lands and/or a int with San Mateo County Board of Supervisors and Parks and oRecreationgCommission. 4. A Conduct a bus tour of District lands and/or a int with Clara County Board of Supervisors and Parks andoRecreationgCommissiona 5. If not done in 1985-1986 fisca l yea r, con duct ndu ct a Los Gatos Cr � joint site tour on Creek Park for Los Gat os area officials and interested members of the public . Fornmr Other Typical Projects and Activities Key 1. Send annual progress report to qovernment officials. Project Z. Maintain regular contact with officials of other a encies a nd private organizations for the exchange of information, cooperation on special projects, and participation in special events such as conferences and seminars in order to inform the District staff and Board on current issues. 3. Continue to work with legislators, legislative committees, State and federal administrators, other agencies, private organizations, and interested citizens for information and action regarding State legislation and specific local issues. 4. Continue contact and cooperation with staff and officials of other regional park and open space districts for the purpose of ex- Same changing information and technical expertise. 5. Maintain up-to-date address files of government officials, private organizations, interested groups , and citizens to be used for distribution of Open Space and other pertinent materials and information. Put mailing lists on District computer, when purchased. 6 . Sens:{ information about the District to newly elected or appointed officials . 7 . Provide support to Board members when they make special presen- New tations such as slide shows or public appearances or attend meetings. Prepare packets of District publications and materials relevant to specific audiences whenever possible. Required Staff Resources 300 of time of Public Communications Coordinator 1 30% of time of Public Communications Secretary 2_ __. 1985-1986 . edia Subprogram Objective The objective of the Media Subprogram is to inform the public as fully as possible about the District' s purposes and activities through news stories, features, and public service announcements in the press, and on radio and television. Key Projects and Activities 1. Create and maintain an up-to-date set of fact sheets on various aspects of the District' s activities for distribution to media people and others. 2. Complete production and distribution of series of public service announcements for airing on public access cable and commercial television. Other Typical Projects and Activities 1. Issue special news releases to announce unique projects or activities as appropriate . 2. Continue regular communications with the media in accordance with the District' s policy statement regarding open information and cooperation. 3. Continue to publicize the District in magazines, park and recreational publications, and environmental newsletters in accordance with Board policy. 4. Continue the regular reading, clipping, and circulating of newspaper and magazine articles, utilizing volunteer help whenever possible. Required Staff Resources 40% of time of Public Communications Coordinator 200 of time of Public Communications Secretary 22 1986-1987 Title Media Relations Subprogram Change Objective The objective of the Media Relations Subprogram is to inform the public as fully as possible about the District' s purposes and activities through news stories, features, and public service announcements in the press, and on radio and television, Key Projects and Activities Same 1. Create and maintain an up-to-date set of printed materials on various aspects of the District' s activities for distribution to the media. 2. Continue work with representatives from the Los Altos Town Crier, New the Peninsula Times Tribune, the San Jose Mercury-News, the San Mateo Times, the Country Almanac, the Palo Alto Weekly, and other newspapers. Other Typical Projects and Activities 1. Issue special news releases to announce unique projects or activities as appropriate. i 2. Continue regular co-nmunications with the media in accordance with the District' s policy statement regarding open information and cooperation. 3. Continue to publicize the District in magazines, park and Sane recreational publications, and environmental newsletters in accordance with Board policy. 4. Continue the regular reading, clipping, circulating and filing of newspaper and magazine articles, utilizing volunteer help whenever possible. a 5. Publicize availability of District sites at a level consistent with the Board' s policy for the relative emphasis of District sites. �ro g' 6. Publicize the Docent Program on selected District sites in >.,M04 accordance with the Board' s policy for the relative emphasis ��U) of District sites. w 7. Publicize important public hearings to encourage public ) participation. Required Staff Resources 200 of time of Public Communications Coordinator 20% of time of Public Communications Secretary 23 I GENERAL MANAGEMENT AND PROGRAM SUPPORT To Implement the BASIC POLICY OBJECTIVE: The staff of the District will administer the affairs of the District on behalf of the public so as to maximize ,accomplishment of the goals of the District within existing financial and other constraints. 24 1985-1986 General Management and Program Support Objective The objective of the General Management and Program Support is to pro- vide overall coordination, direction, and administrative base for all District activities so as to maximize the accomplishment of the Board's policies and directives. Key Projects and Activities 1. Complete, at Board and staff level , all necessary planning and - moving activities to ensure the District' s relocation to different facilities by November 1, 1985, unless current deadline is extended. 2. if necessary and if marketing conditions are favorable, market a new !, note issue for the acquisition of land. 3. Provide necessary interpretation, coordination, direction, and ad- ministrative base, including on-going review and updating of personnel-related matters for District' s staff and programs, in order to carry out Board policies, Action Plan, and specific actions according to written and unwritten Board priorities. 4. Continue to promote an atmosphere conducive to generating a crea- tive team effort, including at least one staff workshop retreat. 5. Complete implementation of microcomputer system. Other Typical Projects and Activities 1. Perform administrative and legal obligations as required by State law and manage District' s main office. 2. Update Action Plan, prepare and monitor annual budget, and coordi- nate program evaluations for Action Plan progress. 3. Provide financial management and accounting, including investment of temporarily idle funds. 4. Administer all of District ' s personnel functions with assistance of consultant (s) , as necessary, and continue evaluation of overall organization structure and staffing requirements. 5. Implement restructuring of budget accounting system to make it more program and project oriented. Required Staff Resources Personnel below work on all programs: General Manager Legal Counsel (part-time under retainer) Controller (1/4 time) Administrative Services Manager Office Manager/Secretary to the General Manager Accounting Specialist (3/4 tirie) - To be reviewed to determine if should be more than 3/4 time position up to full-time position. Receptionist (approximately 15 hours per week) . 25 1986-1987 General Management and Program Support Objective The objective of the General Management and Program Support is to provide overall coordination, direction, and administrative base for all District activities so as to maximize the accomplishment of the Board ' s policies and directives. Key Projects and Activities 1. Provide required functions for the election of District Directors in Wards 1 , 2 , 5 and 6, and familiarize any new Directors with the District 's activities . 2. If marketing conditions are favorable, market a new note issue for the acquisition of land. 3 . Provide necessary interpretation, coordination, direction, and administrative base , including on-going review and updating of personnel related matters for District' s staff and programs , in order to carry out Board policies , Action Plan, and specific actions according to written and unwritten Board priorities . 4. Continue to promote and enhance an atmosphere conducive to gener- ating a creative team. effort, including one small and one large staff workshop retreat . 5.A Complete implementation of microcomputer system. Other Typical Projects and Activities 1 . Perform administrative and legal obligations as required by State law and manac:e District 's main office. 2. Update Action Plan, prepare and monitor annual budget, and coordi- nate program evaluations for Action Plan progress. 3 . Provide financial management and accounting, including investment Sam of temporarily idle funds. 4.A Administer all of District's personnel functions with assistance of consultant (s) , as necessary, and continue evaluation of overall organization structure and staffing requirements. 5 .A Implement restructuring of budget accounting system to utilize microcomputer system and to make it more program and project oriented. Reauired Staff Resources Personnel below work on all programs : General Manager Legal Counsel (part-'time under retainer) Controller (1/4 time) Administrative Services manager Office Manager/Secretary to the General Manager Accounting Specialist (part-time; average of 32 hours per week) Receptionist-Typist (part-time; average of 22 . 5 hours per week) 26 PLANNING PROCESS TIMETABLE - DISTRICT MASTER PLAN UPDATE Item Time 1) Board, staff, and public planning decisions made on communities to be excluded from Master Plan Review (grey areas) 6 to 8 months 2) Solicit Planner to complete project 1 month 3) Review and gather materials and methodology from original Master Plan for update 2 weeks 4) Gather base data on new areas to be included in Master Plan and any new policy issues to be included 4 months 5) Graphic layout for first Board, staff and public review (including Board Committee, if formed) 2 months 6) Finalized layout and public hearings 2 months 7) Print and distribute 1 to 2 months Timetable 0 6 months I ear 18 months 1t1111N11�11111111iI11111N ::: :� Delineate communities (6-8 months) r Board/Staff/Public IIIIIIIIII Solicit and hire Planner (4-6 weeks) 11111 First public hearing 11111HFinal earings. 1111111111111111U111111111 Gather data (431 months) Contract Planner 111111111111 Layout (2 months) Final layout (2 months) IIIIIIIINI Print, distribute (1-2 months) 1111111111 Total. time (15� to 17 months CLAIMS No. 86-06 Meeting 86-07 MIDPENI JLA REGIONAL OPEN SPACE D-.,,TRICT Date: March 26, 1986 C L A I M S Amount i` a.me Description 9269 94.65 Adia Personnel Services Temporary Office Help 9270 13.614 AmeriGas Tank Rental 9271 20.0C A-1 Septic Tank Service, Inc. Septic Tank Maintenance 9272 3,300.00, Balch Petroleum Contractors Removal of Underground Gas Tank 9273 29.5- L. Craig Britton Reimbursement--Out-of-Town Meeting Expense 9274 134. 16 California Water Service Company Water Service 9275 213.00 Communications Research Company Radio Service 9276 3,282. 15 Creegan & D'Angelo Novitiate Boundary Survey 9277 197.75 Alice Cummings Reimbursement--Conference Registration and Film 9278 29.00 DFM Associates California Election Code Book 9279 225.00 .First American Title Guaranty Co. Preliminary Title Report 9280 470.80 General Electric Company Radio Batteries 9281 20.75 General Telephone Company Telephone Directory Listing 9282 550.00 Raye Girouard Patrol Services--March and Partial Payment of Fee Increase .9283 41 .00 Graphicstat, Inc. Artwork Enlargement 9284 345.66 Herbert Grench Reimbursement--Conference Expense 9285 240.00 Hammon, Jensen, Wallen s Associates Aerial Photographs 92$6 178.8$ David Hansen Reimbursement--Out-of-Town Meeting 9287 485.00 Los Altos Garbage Company Dumpster Rental 9288 282.60 Meredith Newspapers Advertisement for Receptionist and Administrative Assistant 9289 103.41 Minton's Lumber & Supply Field Supplies 9290 45.00 National Recreation and Park Subscription Association 9291 384.79 On-Line Business Systems, Inc. Computer Services 9292 238.94 Orchard Supply Hardware Field Supplies 9293 8.12 Pacific Gas and Electric Company Utilities 9294 118.00 PAD Travel Inc. Out-of-Town Meeting--L. Craig Britton 9295 44.14 Pitney Bowes Postage Meter Rental 9296 43. 13 Precision Engravers, Inc. Name Badges 9297 325.60 San Francisco Newspaper Agency Advertisement for Administrative Assistant 9298 565.80 San Jose Mercury News Advertisement for Receptionist and Administrative Assistant i CLUNS No. 86-06 Meeting 86-07 MIDPENINSULA :EGIONAL OPEN SPACE DISTRICT Date: March 26, 1986 C L A I M S # Amount '17ame Description 9299 1 ,418.5 County of San Mateo, Tax Collector Property Taxes 9300 1 ,297.21 County of Santa Cruz, William P. Property Taxes Murphy, County Tax Collector 9301 15.98 Skyline County Water District Water Service 9302 210,000.00 Stewart Title of California Land Purchase--Bullis 9303 54.47 David Topley Reimbursement--Field Supplies 9304 53.71 Sandy Voorhees Private Vehicle Expense 9305 315.25 Rich Voss Trucking, Inc. Field Supplies 9306 905.73 Xerox Corporation Supplies and Maintenance Agreement 9307 290.02 Yardbird Equipment Sales Field Equipment i Claim 9189 approved at your February 26, 1986 meeting to First American Title Guaranty Company in the amount of $70,000.00 was reissued in the amount of $65,000.00 since an option payment of $5,000.00 had been previously issued. CLAIMS No. 86-06 Meeting 86-07 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Date: March 26, 1986 C L A I M S REVISED z Amount Name Description 9269 94.65 Adia Personnel Services Temporary Office Help 9270 13.64 AmeriGas Tank Rental 9271 240.00 A-1 Septic Tank Service, _Inc. Septic Tank Maintenance 9272 3,300.00 Balch Petroleum Contractors Removal of Underground Gas Tank 9273 29.57 L. Craig Britton Reimbursement--Out-of-Town Meeting Expense 9274 194.16 California Water Service Company Water Service 9275 213.00 Communications Research Company Radio Service 9276 3,282.15 Creegan & D'Angelo Novitiate Boundary Survey 9277 197.75 Alice Cummings Reimbursement--Conference Registratior and Film 9278 29.00 DFM Associates California Election Code Book 9279 225.00 First American Title Guaranty Co. Preliminary Title Report 9280 470.80 General Electric Company Radio Batteries 9281 20.75 General Telephone Company Telephone Directory Listing 9282 550.00 Raye Girouard Patrol Services--March and Partial Payment of Fee Increase 9283 41 .00 Graphicstat, Inc. Artwork Enlargement 9284 345.66 Herbert Grench Reimbursement--Conference Expense. 9285 240.00 Hammon, Jensen, Wallen & Associates Aerial Photographs 9286 178.88 David Hansen Reimbursement--Out-of-Town Meeting 9287 485.00 Los Altos Garbage Company Dumpster Rental 9288 282.60 Meredith Newspapers Advertisement for Receptionist and Administrative Assistant 9289 103.41 Minton's Lumber & Supply Field Supplies 9290 45.00 National Recreation and Park Subscription Association 9291 384.79 On-Line Business Systems, Inc. Computer Services 9292 238.94 Orchard Supply Hardware Field Supplies 9293 8.12 Pacific Gas and Electric Company Utilities 9294 118.00 PAD Travel Inc. Out-of-Town Meeting--L. Craig Britton 9295 44.14 Pitney Bowes Postage Meter Rental 9296 43.13 Precision Engravers, Inc. Name Badges 9297 325.60 San Francisco Newspaper Agency Advertisement for Administrative Assistant 9298 565.80 San Jose Mercury News Advertisement for Receptionist and Administrative Assistant CLAIMS No. 86-06 Meeting 86-07 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Date: March 26, 1986 C L REVISED # Amount Name Description 9299 1 ,418.49 County of San Mateo, Tax Collector Property Taxes 9300 1 ,297.21 County of Santa Cruz, William P. Property Taxes Murphy, County Tax Collector 9301 pppp15.98 Skyline County Water District Water Service 9302 Stewart Title of California Land Purchase--Bullis 9303 54.47 David Topley Reimbursement--Field Supplies 9304 53.71 Sandy Voorhees Private Vehicle Expense 9305 315.25 Rich Voss Trucking, Inc. Field Supplies 9306 905-73 Xerox Corporation Supplies and Maintenance Agreement 9307 290.02 Yardbird Equipment Sales Field Equipment 9308 500-00 United States Postmaster Postage Meter 9309 150.75 Petty. Cash Meal Conferences, Film, Office Supplie's, and Private Vehicle Expense Claim 9189 approved at your February 26, 1986 meeting to First American Title Guaranty Company in the amount of $70,000.00 was reissued in the amount of $65,000-00 since an option payment of $5,000.00 had been previously issued. I' CLAIMS No. 86-06 Meeting 86-07 MIDPENINSM REGIONAL OPEN SPACE DISTRICT Date: March 26, 1986 C L A REVISED I M S # Amount Name Description 9299 1 ,418.49 County of San Mateo, Tax Collector Property Taxes 9300 1 ,297.21 County of -Santa Cruz, William P. Property Taxes Murphy, County Tax Collector 9301 15.98 Skyline County Water District Water Service 9302 P ',8 4A Stewart Title of California Land Purchase--Bullis 9303 54.47 David Topley Reimbursement--Field Supplies 9304 53.71 Sandy Voorhees Private Vehicle Expense 9305 315.25 Rich Voss Trucking, Inc. Field Supplies 9306 905.73 Xerox Corporation Supplies and Maintenance Agreement 9307 290.02 Yardbird Equipment Sales Field Equipment 9308 500.00 United States Postmaster Postage Meter 9309 150.75 Petty Cash Meal Conferences, Film, Office Supplies,' and Private Vehicle Expense - Claim 9189 approved at your February 26, 1986 meeting to First American Title Guaranty Company in the amount of $70,000.00 was reissued in the amount of $65,000.00 since an option payment of $5,000.00 had been previously issued. I CLAIMS No. 86-06 Meeting 86-07 MIDPENIN A REGIONAL OPEN SPACE DAICT Date: March 26, 198, REVISED C L A I M S # Amount Name Description 9269 94.65 Adia Personnel Services Temporary Office Help 9270 13.64 AmeriGas Tank Rental 9271 240.00 A-1 Septic Tank Service, .Inc. Septic Tank Maintenance 9272 3,300.00 Balch Petroleum Contractors Removal of Underground Gas Tank 9273 29.57 L. Craig Britton Reimbursement--Out-of-Town Meeting Expense 9274 194.16 California Water Service Company Water Service 9275 213.00 Communications Research Company Radio Service 9276 3,282. 15 Creegan & D'Angelo Novitiate Boundary Survey 9277 197.75 Alice Cummings Reimbursement--Conference Registratio - and Film 9278 29.00 DFM Associates California Election Code Book 9279 225.00 First American Title Guaranty Co. Preliminary Title Report 9280 470.80 General Electric Company Radio Batteries 9281 20.75 General Telephone Company Telephone Directory Listing 9282 550.00 Raye Girouard Patrol Services--March and Partial Payment of Fee Increase -9283 41 .00 Graphicstat, Inc. Artwork Enlargement 9284 345.66 Herbert Grench Reimbursement--Conference Expense 9285 240.00 Hammon, Jensen, Wallen & Associates Aerial Photographs 9286 178.88 David Hansen Reimbursement--Out-of-Town Meeting 9287 485.00 Los Altos Garbage Company Dumpster Rental 9288 282.60 Meredi.th Newspapers Advertisement for Receptionist and Administrative Assistant 9289 103.41 Minton's Lumber & Supply Field Supplies 9290 45.00 National Recreation and Park Subscription Association 9291 384.79 On-Line Business Systems, Inc. Computer Services 9292 238.94 Orchard Supply Hardware Field Supplies 9293 8.12 'Pacific Gas and Electric Company Utilities 9294 118.00 PAD Travel Inc. Out-of-Town Meeting--L. Craig Britton 9295 44. 14 Pitney Bowes Postage Meter Rental 9296 43. 13 Precision Engravers, Inc. Name Badges 9297 325.60 San Francisco Newspaper Agency Advertisement for Administrative Assistant 9298 565.80 San Jose Mercury (Jews Advertisement for Receptionist and Administrative Assistant