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HomeMy Public PortalAbout19861222 - Agendas Packet - Board of Directors (BOD) - 86-30 Meeting 86-30 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 ? :30 P.M. RESCHEDULED REGULAR MEETING 201 San Antonio Circle Monday BOARD OF DIRECTORS Suite C-135 December 22, 1986* A G E N D A Mountain View, CA (7 :30) **ROLL CALL APPROVAL OF MINUTES (November 24 , ,1986) WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS ADOPTION OF AGENDA SPECIAL ORDERS OF THE DAY (7 :45) 1. Resolution Honoring Robert Augsburger Resolution Honoring Robert Augsburger BOARD BUSINESS (7 :50) 1. Approval of Agreement With Prudential-Bache Securities to Serve as Managing Underwriters of Negotiable Promissory Notes -- M. Foster (8 :10) 2. Selection of a Planning Consultant to Update the District' s Master Plan -- D. Hansen 20) 3. Appointment of Peace Officer -- D. Hansen I Resolution Appointing Peace Officer (8 :25) 4. Proposed Additions to the Sierra Azul Open Space Preserve - Mt. Umun hum Area: Lands of (1) Schofield, (2) Howatt et al. and (3) Miller et al. -- C. Britton Resolution Authorizing Acceptance of Purchase Agreement, Authorizing ' Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Docu- ments Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of Schofield) Resolution Authorizing Acceptance of Purchase Agreement - Bargain Sale, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary Appropriate g or A ro riate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of Howatt et al. ) Resolution Authorizing Acceptance of Purchase Agreement - Bargain Sale, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of Miller et al. ) (8 :55) 5 . Proposed Jamison Property Addition to the Mt. Umunhum Area of the Sierra Azul Open Space Preserve -- C. Britton Resolution Authorizing Acceptance of Purchase Agreement - Bargain Sale , Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any 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 and All Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of Jamison) (9 :05) 6 . Proposed Winkle Property Addition to the La Honda Creek Open Space Preserve -- C. Britton Resolution Accepting Gift of 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 (La Honda Creek Open Space Preserve - Winkle Property) (9 :15) 7. Proposed Procter Property Addition to the Thornewood Open Space Preserve -- C. Britton Resolution Accepting Gift of 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 (Thornewood Open Space Pre- serve - Procter Property) (9 :25) 8. Initial Legislative Program for 1987-1988 Legislative Session and Contract for Legislative Consultant Services -- H. Grench (9 :45) 9. Dedication Status of District Lands -- H. Grench Resolution Dedicating In't-0—rests in Certain District Lands for T, Public Open Space Purpose#, (10 :00) 10. Accelerated Payment of Notes used to Purchase Land -- C. Britton (10 :05) INFORMATIONAL REPORTS CLAIMS CLOSED SESSION (Land Negotiation and Litigation Matters) ADJOURNMENT *The December 24 Regular Meeting was rescheduled to December 22, 1986. **Times are estimated. Agenda is subject to change of order. TO ADDRESS THE BOARD: When an item you're conceAned with appeax6 on the agenda, the ChaiA wZU invite you to addtas the Board at that time; on otheA matteX6, you may ad&taz the Boa under OAat Communications. An af-teAnative .its to comment to the Boa&d by a WAitten Communication which the Board appteciata- Each .6peakeA WiU and ina&ity be timited to 3 minutes. When tecognized, pteaze begin by stating youA name and addxe6s. We Aequest that you 6itt out the Aotm p"vided and ptezent it to the Recotding SecAeta,%y so that your name and adder s can be accutateZy inctuded in the minutez. OPEN SPACE PRESERVES The Use and Management 'Plafi'- kdVibw"!§-'fdr'-Russian Ridge and Long Ridge Open Space Preserves are tentatively scheduled for the January 28 Board meeting. Please send your written comments , ideas, and concerns to David Hansen, Land Manager by January 14 so that they can be considered in drafting the staff report. Meeting 86-28 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE,135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 RESCHEDULED REGULAR MEETING BOARD OF DIRECTORS NOVEMBER 24 , 1986 MINUTES I. ROLL CALL President Edward Shelley called the meeting to order at 7 : 37 P.M. Members Present: Katherine Duffy, Daniel Wendin, Teena Henshaw, Edward Shelley, Harry Turner, and Richard Bishop. Member Absent: Nanette Hanko. Personnel Present: Herbert Grench, Craig Britton, David Hansen, Mary Hale, Jean Fiddes, James Boland, Del Woods , Stanley Norton, John Escobar, Dennis Danielson, and Cecilia Cyrier. II. APPROVAL OF MINUTES November 12, 1986 Motion: D. Wendin moved that the Board approve the minutes of i November 12, 1986. T. Henshaw seconded the motion. The motion passed 6 to 0. III. WRITTEN COMMUNICATIONS C. Cyrier stated that the Board had received the following written communication: 1) a letter from Candace Stone, President, Portola Park Heights Property Owner' s Association, dated November 20 , 1986 , requesting Item 7 concerning the Emergency Access Road in the "Policy Regarding Private Use of Emergency Access Road Over Long Ridge Open Space Preserve" be deleted, E. Shelley said this communication would be addressed in the second agenda item. IV. ORAL COMMUNICATIONS There were no oral communications . i V. ADOPTION OF AGENDA i E. Shelley stated that the agenda was adopted by Board consensus. Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Nonette G.Hanko Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry ry A.Tumor,Daniel G.Wendin Meeting 86-28 Page two I VI. BOARD -BUSINESS . A. Final Status Report on Legislative Program for 1985-1986 Legislative Session (Report R-86--111 of November 13 , 1986) H. Grench noted that the staff report relayed the final status of the District' s Legislative Program for 1985-1986 legislative session.' He informed the Board that Ralph Heim was leaving California Advocates, to go to another advocacy firm. ,He introduced Loren Smith, a founder of California Advocates, and Ralph Simoni who has been with the firm for one year. Mr. Smith and Mr. Simoni presented background information on California Advocates and insights on the recent election as they might effect the District' s programs. B. Use and Management Plan Review- for, the Long_ Ridge Ogen Space-.Presery - (Report R-86-114 of November 17 , 1986) E. Shelley stated that the question of the road agreement would be addressed before the rest of the Use and Management Plan. D. Hanse;-- reviewed the key elements of the proposed policy, stating that if the policy was not adhered to, road users in vehicles would be cite-.,': and that the District assumed no liability on use of the road. He said that the key element of disagreement was Item 7 in which the District would retain the right to disallow use of the School Road, to reroute sections of the Road or to block or remove sections of the Road. D. Wendin, speaking on behalf of the ad hoc committee, addressed Item 7 , stating that the District as a public district was not in a position to give up the rights that it believes it has and that the Portola Park Heights residents were not in a g position to agree p that the District has these rights . He said that the District would retain the rights it has with no intention of using them, the District is not planning to take action to perfect rights that the District may have, that the Portola Park Heights residents could pursue leqal rights they think they may have, and that the District will not interfere with use of the road per the policy as long as use continues in its resent status . Therefore,e, the ad hoc committee was recommending adoption of the policy by the Board. E. Shelley stated that he understood this to be a unilateral statement; the e residents are not being asked to sign an agreement, and this policy h po cy should meet the resident' s safety requirements uirements and continue to protect the District's rights. William Obermayer, 22400 Skyline Blvd. , La Honda, showed the Board an old map of the area, saying that "Long Ridge Road" in the policy was Portol-a Park Heights Road. He noted that if Items 7 and 8 in the policy were deleted everyone could live with the policy, but if they were not deleted., residents could lose the rights they have over the road. He also alerted the Board to the fact that another sign needs to be placed on the other side of Peter' s Creek to alert hikers who had missed the first sign. i _ _ Meeting 86-28 Page three Charles Touchatt, P.O. Box 254 , Redwood City, said that the language in Items 7 and 8 of the proposed policy was threatening since the road is vital to the community and that the wording implied there was an intent on the part of the District to change something. He said that, if needed, the residents would go to court to seek a prescriptive easement over the road and, if suc- cessful, they would no longer use the road on an emergency basis only. -Candace Stone, Rt. 2, Box 336 , La Honda, expressed her concerns that the policy addressed only the Long Ridge Road and said that it might, be easier to accept if written to address road use on all District preserves. She said that since the roads were incorrectly named, the proposed policy should not be accepted at this time and questioned why a road policy was necessary since use of the road had not been abused. Sandra Touchatt stated that historically the main road into the area had been the School Road until Long Ridge Road cut in from Skyline Boulevard. She asked why use of the road was being taken away from the residents , noting they had restricted their use of the School Road and said that the residents had not gotten due compensation for what was being taken away from them. Janet Schwind, 11825 Skyline Blvd. , Los Gatos; stated that the written document adopted by the Board was what was critical as opposed to any verbal statements of what the intent of the document was. Bill Sorich, Star Route 2 , 22300 Skyline Blvd. , La Honda, . said that the District was acting in bad faith and that he would con- tinue to use the road anytime he wanted. Harry Haeussler, 1094 Highland Court, Los Gatos, suggested the use of an arbitrator to settle the road issue, noting he hated to see taypayers ' money used on court fees. T. Henshaw noted that the ad hoc committee had met with the residents in the area and could not come to mutual agreement on this item. She noted that Item 7 resulted based on Legal Counsel ' s ,advice and stated that she wished Item 7 could be deleted. She added the question was not going to be resolved arguing back and forth. 4 R. Bishop said that in adopting this policy the District retains the legal rights it has at the present time and that it is not gaining any new rights . He added that the property owners would retain the rights they have at the present time, and that the District' s Legal Counsel had advised inclusion of Item 7 because a public agency cannot give up any rights it has. He noted that the policy grants use of the School Road as an emergency road to the residents of the area. Meeting 86-28 Page four in response to H. Turner's question for a brief summary of the District' s rights on the road and how acquired, S. Norton stated that since the District owns the land, it owns the underlying fee to the road unless someone else can establish a right to the road. He added that the District can allow or disallow use of the road. E. Shelley stated that the intent of the policy was to continue use of the School Road for emergency use and that there had been little abuse of the use of the road. He suggested Items 7 and 8 .be changed to read: "This policy neither grants nor removes any rights that either District or the landowners may have. " C. Britton suggested that the following language be substituted for Items 7 and 8: "Nothing herein stated shall be interpreted to give or grant to any persons or property any rights in the lands of the District as a result of the adoption of this policy. " A recess was called at 8 : 45 P.M. to allow the ad hoc committee of Directors Henshaw and Wendin to meet with staff. E. Shelley reconvened the meeting at 9 : 00 P.M. D. Wendin stated that the ad hoc committee had failed to communicate its intent to staff and said that in Item 7 the intent of the ad hoc committee was that no rights were being given up by the District, ' while in Item 8, no rights were being granted to District. He noted that Items 7 and 8 went further than necessary and that the com- mittee was recommending that the policy be tenatively adopted with Item 7 amended to state that "Nothing herein is intended to reduce the rights of the District. . . . " and. with Item 8 remaining as stated. He requested that staff fine-tune this language for the final adoption at the next regular meeting. S. Touchatt asked that the policy not be adopted until the residents had seen the precise language. E. Shelley explained that this was the first readin g of P the .Revised Use and g Manag ement Plan, and that fina l adoption p ion would not occur until the second reading. Motion: D. Wendin moved that the Bo ard tentatively adopt the Policy Regarding Private Use of Emergency Access Road over Long Ridge Open Space ce Pr eserve e as modif ied by g d eletin the existing Items 7 and 8 and substituting a new Item 7 reading: "Nothing N in g herein shall be interpreted to reduce the rights of th Di e g strict in the Eme rgency en c Access Road g Y or to grant property rights in the Emergency Access Road to residents or any other persons or property. H. Turner seconded the mo tion. on. Th e motion asked p G to !. D. Hansen reviewed the remainder of the report, indicating that the main management problems are night use in the Hickory Oak Ridge area, illegal use of School Road by g those coming off Y of Skyline Bo ulevard, and trespassing from the Preserve erve onto property near Devil' s Canyon. Meeting 86-28 Page five D. Woods 'reviewed the chart attached to the report detailing the new and revised recommendations for the Preserve and showed slides pertinent to these recommendations . D. Hansen reported that staff had received a verbal request to install an electric gate at g g the main Portola Park Heights ate which would involve the District granting rights to allow an electric line across District property from a power pole 200 yards north of the gate. He said that staff would consider the request once a formal written request had been received, but added that he would not encourage the use because of problems monitoring electric gates. K. Duffy asked about public use of the trail passing through the Bar Y property and said that the District should consider improving the trail from the dam to the ridge. D. Hansen said that the public is allowed on the trail over to the dam, and D. Woods said that it would be necessary to work with Jikoji on trail improvements . D. Woods, in response to Harry Haeussler's question regarding park- ing, said that the Grizzley Flat area would accommodate 7 or 8 vehicles on the County side of the road and 5 or 6 vehicles on the District' s side. H. Haeussl.er recommended that the District seek permission from Santa Clara County to use the side of Charcoal Road for additional parking. Sandra Touchatt expressed her concern that Portola Park Heights 4 residents were not given an opportunity to provide in put for the Use and Management Plan revisions . She explained the reasons for installing the electric gate, noted that she felt it had been very negative working with staff and suggested installing new boundary plaques and reflective boundary signs . Charles Touchatt said that he recommended closing of the trail leading to Devil' s Canyon trail because of accidents that occur there. He also discussed the request to install the electric gate, noting he was the individual who made the request. H. Grench said that he had spoken with Mr. Touchatt who had agreed to submit details of the gate proposal in writing, but that the proposal had not yet been received. E. Shelley asked if staff was in a position to address the question of alignment of the power line over the CalTrans right-of-way as opposed to over District lands . H. Grench said that considering only the environmental impact, the CalTrans right-of-way would be over flatter land and probably less damaging . Bill Sorich stated that he felt the undergrounding of electricity to the former Bean property had caused erosion problems in the area and that Devil ' s Canyon not be shown on any of the District's brochures. Meeting 86-28 Page six Willigm Obermayer discussed the following concerns: crossing Skyline Boulevard from the Grizzley Flat parking area; need for signing at Peter' s Creek; need for fencing at Devil 's Canyon; the misnaming of, Diablo Road; and research relative to suggested electric gate. Candace Stone stated that she felt that she, as President of the Portola Park Heights Property Owners Association, should have received the Board report as well as an agenda and that better communication was needed between the District and the Portola Park 'Heights residents. Pat Chambers , Box 332 , Star Route 2 , La Honda, expressed his numerous concerns relative to the new and revised Use and Manage- ment recommendations, including: trail connection between Long Ridge and Skyline Ridge Open Space Preserves; the Grizzley Flat parking areal the metal reflective boundary plaques; and the brochure. Jerry Panighetti , 838 Aurora Avenue, San Jose, said that the dog problem in the area was severe and that packs of dogs are attacking deer. Steve Wolf, Box 322A, Star Route 2, La Honda, said that he dial not feel dogs were a problem, although some people were abandoning dogs on the Preserve. He cited the need to remove a cable near Bar Y Ranch, to sign better the grassy area of the Preserve, to remove trash in the grassy areas , to consider restraints for mountain bikes on trails, and the problem equestrians have crossing Skyline Boulevard to Long Ridge. He said that he felt the Preserve had gone downhill in the last year. K. Duffy noted that in relation to the request for an electric . gate that a specific detailed plan from the requesters was needed to review and evaluate. E. Shelley said more specific information was necessary regarding the electric gate and that he hoped the proposal would be submitted before the next meeting. Motion: T. Henshaw moved that the Board tentatively adopt the Revised Use Use and Management Plan for the Long Ridge Open Space Preserve as contained in the report. K. Duffy seconded the motion. Discussion: D. Wendin said that there were many issues brought up this evening that needed to be addressed and that he felt Long Ridge Preserve Use and Management reviews should be preceded by neighborhood meetings before a Plan is presented to the Board for review. Motion to Amend: T. Henshaw moved that the motion be amended to include that a neighborhood meeting be scheduled on the next proposed Use and Management Plan review for the Long Ridge Open Space Preserve. K. Duffy seconded the motion. Meeting 86-28 Page seven Discussion: H. Grench stated that at the annual site emphasis review those preserves needing neighborhood meetings before formulation of the Use and Management Plan are identified and adopted by the Board. He said it would not be consistent with that policy to single out the. Long Ridge Open Space Preserve as always needing a neighborhood meeting. Sandra Touchatt indicated that a neighborhood meeting would not be required at all times . She said that a committee of neighbors, a few Board members, and staff could meet and report back to the respective bodies . The motion to amend passed 5 to 1 with E. Shelley voting against the motion since he said the current site emphasis policy as it stands works . H. Grench recommended that the second reading of this Plan be scheduled for the second meeting in January because of the numerous items requiring staff response. E. Shelley requested that copies of the second reading report be mailed to the residents , prior to the regular packet mailing if possible. H. Granch stated that if the report was ready prior to the packet mailing deadline, copies would be mailed to residents and the Board early. The motion as amended passed 6 to 0. C. Proposed Panighetti Property Addition to the Long Ridge Open Space Preserve (Report R-86-115 of November 18 , 1986) C. Britton, using the wall map, showed how the acquisition of the property would link the Long Ridge Open Space Preserve with Portola State Park via a parcel of land owned by the Peninsula Open Space Trust and Save-the-Redwoods League. He reviewed the terms of the agreement for purchase of the two parcels totalling 177 .2 acres for a purchase price of $700 ,000 . He stated the agreement provides for two unusual features : 1) a lease-back of the building area until August 31 , 1987 to the Panighettis to provide them time for removal of their personal property; and 2) the completion of a forestry contract whereby the owner would be allowed to remove the already cut wood prior to the end of the lease-back period. D. Hansen showed slides of the property and explained the potential for several loop trails through redwoods and other features of the property. He said that signing will explain the lease area and the permit system for hiking on Ward Road. In response to E. Shelley asking for clarification of the permit system, D. Hansen stated that during the nine month lease period, the entire property would only be open under permit. He added that site users would be crossing the property via Ward Road. Meeting 86-28 Page eight Janet, Schwind, 11825 Skyline Blvd. , Loa Gatos, questioned the meaning of "numerous one-way hikes are possible beginning along the Skyline corridor" in the second paragraph of Item D on page three, and D. Hansen explained there were various ways to traverse the Skyline and Long Ridge Open Space Preserves to get to the Panighetti property. C. Touchatt and W. Obermayer expressed their support for the acquisition, and W. Obermayer stated that the prop- erty should not be opened to the public until it was well protected, and that 'the house should become a Ranger residence. 'Motion: R. Bishop moved that the Board adopt Resolution 86-66, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Agreement to Purchase Real Property, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Long Ridge Open Space Preserve - Lands of Panighetti) . H. Turner seconded the motion. The motion passed 6 to 0. Motion: R. Bishop moved that the Board tentatively adopt the Interir% Use and Management Plan recommendations contained in the report, including naming the property as an addition to the Long Ridge Open Space Preserve, and indicate its intention to dedicate the property as open space. T. Henshaw seconded the motion. The motion passed 6 to 0. D. Final Adoption of the Interim Use and Management Plan for the Luckenbach Property Addition to the Sierra Azul Open Space Preserve Limekiln Canyon Area (Report R-86-109 of November 10 , 1986) D. Hansen stated that no public comment had been received on the proposed Interim Use and Management Plan since the Board considered the acquisition. Motion: D. Wendin moved that the Board adopt the Interim Use and Management Plan contained in report R-86-75, including naming the property as an addition to the Sierra Azul Open Space Preserve - Limekiln Canyon Area, and indicate its intention to dedicate the property as public open space, reserving the right to allow for the possibility of the transfer of density rights on all or a portion of the property. T. Henshaw seconded the motion. Discussion: Rita Montgomery, 4734 Lambert Drive, Santa Rosa, stated that her family owns the 160 acres directly below the Luckenba h property on the map. She expressed their concer ns as to what would occur on District property and the impact on their property and questioned the status of their e r ac cess s to the P.G.& Eroad. D. Hansen stated that the property would be kept in its natural state, that it would be used for hiking, and that District Rangers would be patrolling the site. C. Britton P Meeting 86-28 Page e nine said that there were no recorded easements across the Luckenbach property. The motion passed 6 to 0. E. _Final Adoption of the Interim Use and Management Plan for the Blair Property Addition to the Sierra Azul Open Space Preserve - Kennedy Road Area (Report R-86-110 of November 1.0 , 1986) D. Hansen' stated that no public comment had been received on the Interim Use and Management Plan since the Board considered the 'acquisition. Motion: R. Bishop moved that the Board adopt the Interim Use and Management Plan contained in report R-86-38, including naming the property as an addition to the Sierra Azul Open Space Preserve - Kennedy Road Area, and indicate its inten- tion to dedicate the property interests as open space. T. Henshaw seconded the motion. The motion passed 6 to 0. F. Proposed La Croix Property Addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve (Report R-86-113 of November 17 , 1986) C. Britton used the wall ma to show that the property P p p rty includes por- tions of the ridgetop trail system in the area. He said that the terms of the agreement call for a purchase price of $675 ,560 at close of escrow for the two parcels of land totalling 337 .38 acres . The Interim Use and Management Plan recommendations were outlined by D. Hansen, and D. Woods showed slides of the property. Motion: R. Bishop moved that the Board adopt Resolution 86-67, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement - Bargain Sale, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Trans- action (Sierra Azul Open Space Preserve - Lands of La Croix) . E. Shelley seconded the motion. The motion passed 6 to 0. Motion: R. Bishop moved that the Board tentatively adopt the Interim Use and Management Plan recommendations contained in the report, including naming the property as an addition to the Mt. Umunhum Area of the Sierra Azul Open Space Pre- ,serve, and indicate its intention to dedicate the property as public open space, reserving the right to transfer density rights . H. Turner seconded the motion. The motion passed 6 to 0. G. Status Report on Monte Bello Road and Request to Extend Agreement with County of Santa Clara for Right of Entry at Picchetti Ranch Area (�?eort R-86-116 of November 18 , 1986) D. Hansen reviewed the staff report, indicated that the County has completed the temporary repair of the original road alignment, and noted that the County has agreed to enter in a long-term study on the road slippage and alignment problem. He said that in order to Meeting' 8 6-2.8 Page ten allow the temporary emergency route to remain in place during the winter in case the repair failed, the agreement between the County and the District needed to be extended and amended. He stated that the County had requested the following changes in the Amendment to "Permit to Enter" : 1) at the end of the fourth line, fora period of one year" should be changed to read . fol: a period of approximately one year" ; 2) the map referred to as Exhibit A in paragraph two should be labelled Exhibit A, rather than Exhibit B; 3) the last sentence, " . traffic lights and utility poles" should be changed'to read . ". traffic light fixtures and utility poles"; and 4) "Very Truly Yours" should be deleted. E. Shelley questioned whether the County Supervisors were aware of the seriousness of District concerns regarding the possibility _ of the new alignment cutting through the middle of the Preserve. D. Hansen said that Supervisor McKenna was aware of the problem. Discussion followed as to the best method of informing the Board of Supervisors 'e isors of th e he Board' s concerns on the realignment of Monte Be llo Road. Motion: E. Shelley moved that the Board direct the President to forward a letter to the Board of Supervisors detailing the District' s concerns. T. ' Henshaw seconded the motion. The motion t on passed 6 to 0. Motion: E. Shelley moved that the Board authorize the President to execute the Amendment to the Permit to Enter Agreement between the District and Santa Clara County with the changes suggested by the County. H. Turner seconded the motion. The motion passed 6 to 0. H. Resolution Supporting the Protection of a Permanent Bay Area Greenbelt (Report R- - 86 1 2( 1 of November 17 1986) - P , H. Grench stated that this item was a follow-up to the presentation by Jay Powell a ell from People for Open Space at the November 3 meeting, and th at the organization was seeking expressions of support for a Bay Area Greenbelt. Motion: K. Duffy moved that the Board adopt Resolution 86-68 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Supporting the Protection of a Permanent Bay Area Greenbelt. T. Henshaw seconded the motion. Discussion: H. Haeussler, referring to paragraph four of the resolution, said the District was initially created as a park district. The motion passed 6 to 0. i Meeting 86-28 Page ele ven even VII. INFORMATIONAL REPORTS D. Hansen reported that trail etiquette brochures are presently avail- able at the various preserve trailheads. VIII. CLAIMS Motion: R. Bishop moved that the Board approve the Revised Claims 86-22, dated November 24 , 1986 . T. Henshaw seconded the motion. The motion passed 6 to 0 . IX. CLOSED SESSION S. Norton announced that litigation pertaining to the McQueen case would be discussed in Closed Session. The Board recessed to Closed Session at 11: 15 P.M. X. ADJOURNMENT The Board reconvened to adjourn at 12 :20 A.M. , Tuesday, November 25 , 1.986 .' Cecilia A. Cyrier Secretary i CLAIms No.8 6-2 2 Meeting 86-28 MIDPENIF ,A REGIONAL OPEN SPACE D RICT Date: Nov. 24, 198t, . 0 L A I REVISED Z`1 S Amount Name Description 9259 13.31 A-Crane Locksmith, Inc. Key Tags 9260 100.96 Adia Services; Inc. Temporary Office Help' 9261 13.20 Amerigas Tank Rental 9262 24.22 AT&T Information Systerils Group Telephone Rental 9263 180.00 Blann?ng & Baker Associates, Inc, Subscription 9264 2 867.50 Boardworks Graphic Art Studio Preparation of Master Map 9265 27'169 4fi Lee Buffington, Tax Collector Property Taxes County of San Mateo 9266 , * 439. 15 California Water Service Company Water Service 9267 289.24 Citicorp Industrial Credit, Inc. Telephone Lease 40.44 _ 2 4:3 Clark's Auto`Parts _ Parts" and Repairs on -Di strict _Vehicle 9269 2, 100.00 Clevenger Realty Appraisal Corporation Appraisal Services 9270 18.62 Crest Copies BlueTines 9271 143.48 Alice Cummings Reimbursement--Conference Expenses and Private Vehicle Expense 9272 1 , 167.30 Empire Tractor and Equipment Company Equipment Rental 9273 6,678.01 Founders Title Company Title and Escrow Fees--Zand 9274 675,560.00 First American Title Guaranty Company Property .Purchase--La Croix 9275 678.0o Foss & Associates Professional Services and Conference Expenses 9276 350.00 Raye Girouard Patrol Services for November 9277 150.34 Goodco Press Printing 9278 304.30 Mary Gundert Reimbursement--Conference Expenses 9279 1 ,716.49 Kenzo Handa Architectural Services 9280 51 .00 Emma Johnson Reimbursement--Subscription 9231 483.00 Gail MacDonaId Photographs . 9282 1 ,500.00 Metro Real Estate Research Appraisal Services 9233 500.00 Micro Accountinq Solutions Computer Consulting Services 9284 532.36 Hinton's Lumber and Supply Field Supplies 9�85 100.82 Roble Ford Tractor, Inc. Equipment Repair 9286 217.30 Northern Hydraulics, Inc. . Field Supplies 9287 232.40 Orchard Supply Hardware Field Supplies 9288 6.62 Pacific Gas and Electric Company Utilities 9289 34.96 Peninsula Blueprint, Inc. Bluelines 9290 750.110 Peninsula Oil Company Fuel for District Vehicles 9291 6. 12 Precision Engravers Name Tag 9292 527.51 Rent-A-Computer Computer Rental LLAlMS No. 86-22 Meeting 86-28 Date: Nov. 24,. 194 .+ Amount REVISED Name Description 9293 462.42 Pedro R. Silva, Probation Officer Adult Probation Workers--Los Gatos County* of Santa Clara Flume Project 9294 190.00 County of Santa Clara Radio Dispatch Service General Service.s'Agency 9295 655.50 Santa Clara County, Sheriff's Patrol Services Department 9296 1 ,344.36 William P. Murphy, Tax Collector Property Taxes County of Santa Cruz _ 9297 261 .o8 Scribner Graphic Press Business Cards 9298 4, 125.00 E. R. Sheehan Trail Construction Services 9299 - 13. 17 Skyline County Water District Water Service 9300 75.00, Tek-Link Corporation Computer Programming Consultation 9301 550.00 Ticor Title Insurance Title Pal i cy=-Gunn inOFrarn 9302 700,000-00 Ticor. Title Insurance Property Purchase--Panighetti 9303 42.96 Unocal Fu el for Distric t Vehicles 9304 200.00 Valle Title Company an P Y Prel iminary Title Report 9305 1 ,538.86 Wendel Lawlor Rosen & Black ack Le gal 9 al Services 9306 129.71 Western Fire Equipment Company Equipment Supplies 9307 118. 15 The Workingman's Emporiuir. Uniform Expense 9308 452.53 Xerox Corporation Maintenance Agreement 9309 145.7.9 Yardbird Equipment Sales Equipment Parts and Repairs 9310 355.24 Contemporary Engraving Company, Inc. Nameplates 9311 195. 11 Petty Cash Drafting and Office Supplies, Meal Conferences, Postage and Private Vehicle Expense I i I i t I R-86-126 (Meeting 86-30 December 22, 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT December 11 , 1986 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Resolution Honoring Robert Augsburger Recommendation: I recommend that you adopt the attached Resolution of the Board of Directors Honoring Robert Augsburger. Discussion: Bob Augsburger will be leaving his position as Executive Director at the Peninsula Open Space Trust at the end of this month. Bob has been a very special friend to the District and has been in- strumental in POST' s development and growth since 1978 . t RESOLUTION OF TH;E BOARD' OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT HONORING ROBERT AUGSBURGER WHEREAS, BOB AUGSBURGER HAS SERVED AS THE FOUNDING AND ONLY EXECUTIVE DIRECTOR OF THE PENINSULA OPEN SPACE TRUST (POST) SINCE 19780 AND IS NOW LEAVING THAT POSITION; AND WHEREAS., BOB PLAYED AN INSTRUMENTAL ROLE IN THE DEVELOPMENT AND GROWTH OF HE PENINSULA OPE N EN SPACE TRUST INCLUDING PERSONALLY SECURING THE GIFT OF 525 ACRES THAT BECAME THE NUCLEUS OF THE WINDY HILL OPEN SPACE PRESERVE, AND CREATIVELY ESTABLISHED POSTS LAND ACQUISITION REVOLVING, FUND WHICH WAS, USED TO ACQUIRE RANCHO RAYMUNDO; AND WHEREAS UNDER BOB S LEADERSHIPi POS T HAS BEEN A UNIQUE PART— NER FOR THE DISTRICT, AIDING NOT ONLYX�IN ACQUISITIONS OF MUTUAL INTEREST, BUT IN THE SPECIAL PUBLIC ACCESS PROJECTS SUCH AS THE SKYLINE RIDGE OPEN SPACE PRESERVE MASTER, PLANNAND, PEVELOPMENT PROJECT, THE AWARD-WINNING VOLUNTEER CONSTRUCTION PROJECT"FOR THE WINDY HILL TRAIL, AND THE JOINT PROJECT TO DEVELOP THE WHOLE ACCESS TRAIL AT d PURISIMA CREEK REDWOODS OPEN SPACE PRESERVE; AND WHEREAS, BOB' S COMMITMENT AND DEDICATION TO POST, AS WELL AS HIS LOVE AND CONCERN FOR THE LAND, MAKE HIM TRULY A THIRD PIONEER, AN URBAN PIONEER, WHOSE TASK IT WAS TO TEMPER THE DEMANDS OF CITY LIFE WITH RESPECT FOR THE PENINSULA'S NATURAL HERITAGE; AND WHEREAS, BOB IS TRULY A VERY SPECIAL FRIEND OF THE MIDPENIN— SULA REGIONAL OPEN SPACE DISTRICT AND HAS HELPED MAKE THE SAN FRANCISCO PENINSULA A BETTER PLACE TO LIVE; A NOW. THFRFFnPF . THP RnAPT) nF nTur:rTnpc nc TUC n. InOCKITeiclit n R-86-129 (Meeting 86-30 December 22 , 1986) Nk IVI In=0 0M MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT December 15, 1986 TO: Board of Directors FROM: M. Foster, Controller SUBJECT: Approval of Agreement with Prudential-Bache Securities to Serve as Managing Underwriters of Negotiable Promissory Notes Background: Since the District issued its 1985 Promissory Notes in Marr•h 1985 the general level of tax-exempt interest rates has declined by over 35% (about three percentage points) . During the past three months , I have investigated how the District might best take advantage of that decline to both lower and smooth out its debt service expense. As discussed below I believe the time is right to restructure our existing debt through a new issuance of $11 million of ten year notes and that Prudential Bache Securities (PBS) should manage the offering. Discussion: The objective of our financing program remains the same as in past years : to make prudent use of our debt capacity to provide extra funds to purchase the best open space lands before they are lost to development. The dual objectives of the proposed issue are to lower our financing costs and to provide at least $3 .5 million more land acqui- sition funding in . the January 1987-June 1988 timeframe, than was 'previously , available. The proposal can best be summarized in the following table: SOURCES AND USES OF THE PROPOSED $11 MILLION NOTE ISSUE Bond Proceeds $11,000 ,000 1982 and 1985 Note Reserve Funds 780 ,500 Total Sources $11,780, 500 Purchase of Securities to defease (pay off) $ 7, 450 ,932 the 1982 and 1985 Promissory Notes Prepayment of high interest rate land con- 1,191,000 tract debt Underwriter' s Discount @ 1. 4% 154 ,000 Other costs of issuance 55 ,000 New reserve fund requirement 880 ,000 Addition to District general funds 2 ,049 ,568 Total Uses $11,780 ,500 The proposed new issue will bear an estimated average coupon rate of 5. 67% and no principal repayment is required until December 1990 . By comparison the debt to be prepaid bears an average coupon rate of 7. 72% and requires $3 . 8 million of principal repayment prior to December 1990 . The beneficiaries of the proposed issue will be the District' s land ' : acquisition and development programs. As shown below, the issue gene- , rates $4 .2 million of additional cash funding through June 1988 and continues to show a positive cumulative cash impact in excess of $3 million in June 1992. R-86-129 Page two ADDITIONAL CASH FUNDING FROM PROPOSED $11 MILLION NOTE ISSUE ($ Millions) Debt Reserve Cummulative Fiscal Service Requirement New New Additional Additional Year Reduction Eliminated Money Reserves Cash Cash 1986-87 14 + 2.06 + 2.05 - 1.18 = 3.06 3.06 1987-88 1.24 - .07 = 1.17 4.23 1988-89 1.13 - .09 = 1.04 5.27 1989-90 .89 - .08 - 1.34 .52 4.75 1990-91 -.25 - .08 - .06 4.36 1991-92 -.60 - .41 - .75 = -1.09 3.27 Answers to some logical questions : 1. Is additionalfunding needed in 1987? Yes, cash flow analysis shows that, without some kind of note "Issue, the District will have virtually no capacity to make further land acquisitions for cash until December 1987. The proposed issue would allow $2.2 million of land purchases for cash between January and November 1987. 2. Can we afford the new debt? Yes, after the completion of the proposed transaction the District will have approximately $4 million less debt outstanding than allowed by our conservative official debt capacity limit of four times annual tax revenue. Likewise next year 's total debt service will be 36% less than allowed by the covenants in our 1986 Promissory Notes. Further, as shown in the attached revised five year cash flow projection, the proposed issue has only beneficial impacts on the District' s program. At no time in the future is there any risk of not meeting debt service or reserve requirements nor is there any impact on the projected significant real growth in open space management and development funding. 3 . Can the District sell 10 year notes now? Yes , the market for public-purpose tax-exempt bonds is very strong. PBS believes the proposed notes are readily marketable at interest rates ranging from 4. 75% for the 1990 maturity to 6 .15% for 1996 maturity. 4. Should the District issue a straight debt issue instead? No, the proposed issue offers significant, long-lasting, cash flow advantages over a straight debt issue. 5. Who should manage the note issue? PBS. PBS originally suggested the idea of defeasing the 1982 and 1985 Promissory Notes in August and, since then, has been working closely with me to expand and optimize the concept to best fit the District's plans. PBS is a well-respected firm that is currently the nation's seventh largest underwriter of tax-exempt securities. PBS has submitted a very attractive proposal (dated December 12 , 1986) including a maximum underwriting fee of 1. 40 . The District 's R-86-129 Page three traditional investment banker, Stone and Youngberg (S&Y) , also submitted a -f'inancing proposal. While the S&Y proposal was admir- able in certain respects and we should consider the fine support S&Y has provided in the past, the cash flow advantages of the PBS proposal are clear and compelling. In summary, PBS proposes to perform the following: a. Work with District staff to structure the notes in order to obtain the most advantageous terms and conditions. b. Prepare the Official Statement (prospectus) . C. Attempt to obtain ratings and bond insurance. d. At the earliest date practical, submit an offer to the District to purchase the notes. e. Sell the notes directly or through a syndicate formed by PBS. f. Maintain a secondary market. PBS projects that, if the underwriting agreement is approved on December 22 , the sale of notes will be completed in late February. The proposed schedule of events is as follows : December 22 Board approves underwriting agreement January 5-9 All hands meeting; selection of trustee January 19-23 Complete first draft of prospectus January 26-30 Due-diligence meeting February 11 Board approves distribution of prospectus and resolution of issuance and gives General Manager authority to sign a purchase agreement for the notes subject to certain parameters February 16-20 Insurance, rating and pricing available for District staff review. General Manager signs purchase agreement February 23-27 Close financing and receive note proceeds Recommendation: I recommend that you authorize the General Manager to execute the attached proposed underwriting agreement with Prudential Bache Securities and authorize staff to take all actions necessary to arrange the issuance of $11 million of ten year notes . 5 _ December 14, 1986 MROSD CASH FLOW PROJECTION '1986-87 THROUGH. 1990-91 ($ THOUSANDS) 86-87 87-88 88-89 89-90 90-91 Beginning Cash 5725 6060 5731 7565 9304 Tax Rev enu e Basic 6439 6986 7580 8224 8924 Pre-Prop. 13 670 640 Receipts from Grants 445 840 300 300 300 Interest Income 500 380 450 500 600 Rental and Other Income 343 353 364 375 386 Bond Issues (Net) 119441 4300 4300 4300 4300 Debt Service - Old 5041 4394 3504 3278 4435 ( t ) t ) t ) t > Debt Service - New (227) (821) (1973) (2805) Land Management (1284) (1477). (1698) (1953) (2246) Development (673) . (472) (293) (322) (355) Acquisition Expenses (443) (478) (502) (524) (546) Gen. Mgmt./Comm. (722) (780) (842) (910) (982) Total Expenses/Development (3122) (3207) (3335) (3709) (4129) Land Purchases For Cash (111,340) (6000) (3500) (3000) (2200) For Notes Issued (*) (1660) (2000) (500) (3575) (1000) Total Purchases (13,000) 8000) (4000) (6575) (3200) Land Contracts Issued (*) 1660 2000 500 3575 1000 Ending Cash 6060 5731 7565 9304 10,245 Less: Required Reserves 3168 3857 4759 7022 7987 District Reserve Balance 2892 1874 2806 2282 2258 Land Acquisition Recap Hosking 1485 350 350 5375 0 Other 11515 7650 3650 1200 3200 Total Purchased 13000 8000 4000 6575 3200 Cumulative Purchases 13,000 21,000 25,000 31,575 343-775 (*)Off-setting non-cash items included to show land purchased in exchange for MROSD land contract notes. t-nidential-Bache Public Finance Securities December 19, 1986 Mr. Herbert A. Grench General Manager Midpeninsula Regional Open Space District Old Mill Office Center, Building C, Suite 135 201 San Antonio Circle Mountain View, California 94040 Dear Mr. Grench: Prudential-Bache Securities Inc. appreciates this opportunity to present a proposal to provide senior manager underwriting services for the refunding of the District's 1982 and 1985 Promissory Note issues as well as the generation of new capital for the District ' s land acquisition program and the prepayment of existing land sale contracts . SERVICES TO BE PREFORMED BY PRUDENTIAL-BACHE SECURITIES AS MANAGING UNDERWRITER The following services will be provided to the Midpeninsula Regional Opens Space District by Prudential-Bache as senior managing underwriter: A. Organization of the project team; B. Development of the final financing plan; C. Preparation of the marketing materials for the financing; D. Development of the market for the financing; E. Implementation of the sale; F. Coordination of the closing and delivery of funds; and G. Maintenance of a secondary market. Our primary goal will be to develop and execute a plan of financing which will provide capital in a timely fashion at the lowest possible cost to the District. Prudential-Bache Securities Inc.,One Embarcadero Center,36th Fl.,San Francisco, CA 94111 Tel.415 981-0440 Prudential-Bache Organizing the Project Teamand Developing the Financing Plan The development of a financing plan will be accomplished by Prudential-Bache in concert with the District, legal counsel, bond counsel and other appropriate parties . The financing plan will be based upon the requirements of the District, revenue projections, the financial and legal structure and other considerations . Prudential-Bache will, as a matter of course, perform the following services, with the understanding that this is not an exclusive, but rather a representative, listing: 1. Review and analyze the current financial structure in light of recent Tax Law changes and their potential impact on tax-exempt refunding bonds . 2 . Recommend possible changes or additions to exisiting financial and legal structures where it is deemed appropriate and beneficial . 3 . Determine the amount of bonds to be issued to finance the proposed project. This amount will be based upon reserve requirements, an amount for contingencies, financing costs, additional capital required and all other costs incidental to the project. 4 . Secure appropriate financial security provisions, taking into account relevant governmental rules and regulations which may have a bearing on the proposed financing. 5 . Develop suitable maturity schedules for present and future issues as well as an appropriate schedule of redemption provisions . 6. When appropriate, provide services of underwriters , counsel to assist in the drafting of all documents. 7. Assist in the development of financial provisions, such as ordinances, resolutions and trust indentures to be included in the appropriate legal documents . 8 . Recommend timing of the bond sale in light of the then current market conditions. F_ Prudential-B ach e Preparing the Marketing Materials As senior managing underwriter, Prudential-Bache will undertake the following once the financing structure has been completed and approved by Midpeninsula Regional Open Space District: 1. Coordinate the development of the bond trust indenture, the fundamental document governing the financial and legal structure of the financing. 2 . Provide advice and assistance to all counsel, including bond counsel, in the development and preparation of all supporting legal documents relevant to the financing. 3 . Draft a complete and detailed preliminary official statement, describing the project being refunded, the terms of the bonds and the legal aspects of the financing, to serve as an effective marketing instrument. When the drafts of all the supporting legal documents and the preliminary official statement have been completed and approved, Prudential-Bache will assist the District in preparing a presentation to Moody' s Investors Service and Standard & Poor ' s Corporation for bond ratings. We will also accompany and support the District in meeting with these rating agencies . Developing the Market The development of a market for an issue through a pre-sale effort is crucial to any financing. Prudential-Bache' s marketing strategy for the proposed refunding issue will be targeted to those investors whom we believe would be most interested in the bond issue in a manner that would ensure as broad a market as possible. A comprehensive educational process comprising two components would be undertaken. The first component entails the education of the underwriters, salesmen and traders who market the issue. The second component concerns the education of potential investors enabling them to become fully familiar with the financing. The following are the specific pre-sale marketing materials which Prudential-Bache Prepares as senior managing underwriter in order to ensure maximum pre-sale exposure of the issue to potential institutional and individual investors : Prudential-Bache 1. A credit summary is developed on the issue and distributed several weeks prior to the sale to all potential investors. 2. Several weeks prior to the sale, "All Points Bulletins" are developed and distributed to each of our more than 4, 600 Retail Account Executives, Retail Institutional Account Executives and the Firm' s Regional Municipal Underwriting and Trading Centers staff. 3 . Each branch office receives a format for a "Prospecting Letter" with a reply coupon to be reprinted on branch office stationery and sent to local accounts several weeks prior to the sale of the bonds . 4 . Prudential-Bache publishes articles in "Action" , the firm' s internal marketing publication, announcing the sale of the issue several weeks prior to the pricing of the issue. We also assist other members of the underwriting group in developing similar internal promotional materials for their sale forces . 5. Prudential-Bache Municipal Research Department produces a "Calendar of New Issues" which lists municipal issues several weeks prior to their coming to market. Then the week of the sale, the issue is written up as a Credit Summary with specific facts relating to the actual pricing of the issue, and is included in the "Calendar" . The "Calendar of New Issues" is distributed to institutional clients, and underwriting, sales and trading staff of Prudential-Bache. A copy of the "Calendar of New Issues is attached. 6 . Prudential-Bache, as the lead manager, often publishes articles in various national and local financial and general news publications, announcing the sale of the issue one week prior to the sale. To establish additional pre-sale interest in the bonds, Prudential-Bache, when appropriate, prepares and publishes pre-offering advertisements in key retail markets throughout the United States as well as the South Bay Area market and surrounding areas. We will prepare and distribute direct mail circulars specially designed to promote interest in the Midpeninsula Regional Open Space District refunding bonds for investors . Prudential-Bache Implementing the Sal As managing underwriter, Prudential-Bache will provide marketing the following services based on current market conditions and the results of pre-sale marketing efforts : 1. Recommend the most advantageous time to market the proposed securities . 2 . Organize an underwriting syndicate of leading national and regional investment banking firms to facilitate a rapid sale of the bonds . 3 . Prepare and distribute pricing wires and progress reports for all syndicate members during the order period. Our syndicate department will remain in daily contact with the syndicate members in order to evaluate their progress. Through Prudential-Bache' s eleven Municipal Underwriting and Trading offices and private wire system, the syndicate members and the entire Prudential-Bache system will be kept abreast of the status of the financing. 4 . Provide, when submitting our offer to purchase the bonds, a detailed explanation of how the bid was computed and a comparison of it with other recent similar bond sales . Officers of the firm will meet with officials from the District to discuss the bid price submitted. 5 . Underwrite, as Senior Manager, a commitment for a significantly larger percentage of the issue than participating account members. We will also, as a manger, be in a better position to obtain bonds for sale by our account executives. With better assurance that we would be allocated an adequate amount of bonds to sell, our account executives will have more incentive to conduct a concentrated sales effort. There have been numerous instances when, as an account members, we have, generated orders for a significantly greater number of bonds than were allocated. The full benefit of our sales efforts, in those instances, was irretrievably lost to the issuer. 6 . Commit, if necessary, a significant amount of our capital to underwrite the issue. Such commitments of capital have been required in the past when sufficient interest in an issue has not been generated at the time of sale. Prudential-Bache The potential market for the issuer ' s financing often includes retail and institutional investors at both the national and regional levels . In those cases, the ability of Prudential-Bache to aggressively sell in both the national regional markets is crucial to the firm' s ability to obtain the lowest possible interest cost to the Issuer. Prudential-Bache' s vast retail and institutional sales capability assures the development of the widest possible scope of investor demand for tax-exempt obligations. In addition, the firm' s ability to market an issue among all types of investors at both the national and regional levels allows it to target an issue to those investors willing to buy at the lowest interest rates . This flexibility also allows Prudential-Bache to utilize all market segments and thus increase the overall strength of the bond issue. The fact that Prudential-Bache has acted as an underwriter in the sale of nearly one-half of the total volume of all competitive and negotiated tax-exempt bond issues during the past four years underscores the marketing ability of the firm. This success is largely due to a three-tier distribution network: Retail Account Executives, call on individual investors; Institutional Fixed income Account Executives, call on institutions with managed assets exceeding $125 million; and Retail Institutional Account Executives (RIAE' s) , calling on institutions with managed assets under $125 million. 1 . Retail Market The retail, market is composed of individuals who invest in tax-exempt securities through direct purchase. Prudential-Bache has one of the largest retail municipal bond distribution networks in the securities industry. Prudential-Bache' s retail sales force has continued to expand to over 4, 600 throughout the country today in our 275 branch offices . 2. Institutional Market The institutional market is composed of two groups: institutions which purchase tax-exempt securities for their own portfolio to meet their investment and tax needs; and entities which function as intermediaries for individuals/organizations by creating portfolios of which these individuals/organizations own a portion. The types of major institutional investors comprising these two groups are noted below: Prudential-Bache Institutions: Casualty Insurance Companies Life Insurance Companies Corporations Hedge Funds Commercial Bank Investment Portfolios Intermediaries: Closed End-Unit Trust Bond Funds Open End-Managed Bond Funds Short-Term Tax-Exempt Bond Funds Commercial Bank/Trust Common Bond Funds Commercial Bank/Trust Client Accounts Commercial Bank/Trust Investment Advisory Groups "Total Return" Taxable Managed Funds Non-Bank Investment Advisors Today, Prudential-Bache is one of Wall Street ' s largest sellers of municipal bonds to institutions. The volume of municipal institutional sales by the Firm is greater than that of many institution-oriented securities firms . The Institutional Fixed Account Executives and the RIAE' s service institutional investors in tax-exempt securities, The Institutional Fixed Income Account Executives call on institutions with managed assets exceeding $125 million. This includes commercial banks, thrift institutions, property and casualty insurance companies, bond funds, trust department common bond funds, investment advisors and counselors, corporations and municipal bond sinking funds. The Institutional Fixed Income Sales Division consists of approximately 115 Account Executives, 38 of whom are devoted solely to municipal securities. Thirteen of these individuals are located in New York City, and the balance are in eleven regional offices throughout the United States. The unique element of Prudential-Bache' s institutional marketing network is RIAE' s . The individuals are Account Executives who have been given special intensive trading to call on small regional and local institutional investors with managed assets of less than $125 million. In the aggregate, the smaller institutional buyers have become a formidable source of capital and a significant factor in the market for tax-exempt securities . Currently, there are 128 RIAE' s through the Prudential-Bache network. PnidenfiaMache les 7ecurli P rudential-Bache' s three-tier distribution system enables the firm to effectively penetrate the full breadth and depth of the municipal market in order to achieve the lowest possible interest cost for the District. This three-tier system is composed of over 4, 600 Account Executives in 275 offices throughout the United States. Coordinating the Closing and Deliver Prudential-Bache will arrange for the printing and distribution of the Official Statement, the preparation, signing and delivery of the bonds and the arrangements for the ultimate closing of the bond issue. We will provide the Midpeninsula Regional Open Space District a complete financing summary including a pricing and distribution analysis showing performance of each member of the underwriting syndicate which shows each firm' s participation, actual sales and percentage of sales to participation. Maintaining a Secondary Market One of the most frequently overlooked and perhaps the most critical capability of an underwriter is the firm' s ability to maintain a strong secondary market in the issue it has underwritten. A firm' s willingness and ability to always "make a market" helps ensure that an issue will be liquid and thereby make the initial sale easier because significant risk in the secondary market is reduced from the bondholder' s perspective. Prudential-Bache is a recognized leader in the secondary market. This ability includes both small and large trades, as well as institutional and retail trades. As an example of our recognized leadership role, a major insurance company recently called upon Prudential-Bache to assist it by using our secondary market ability to obtain the highest possible prices during the liquidation of its bond portfolio. Pro-posed Underwriting Fees The entire process can be accomplished in a reasonable time frame and should not be negatively influenced by the Tax Reform Act of 1986 . Our fee will be negotiated at the time of sale, but will not exceed 1.4% of the par amount of securities sold for Prudential-Bache management and underwriting, conditioned on receipt of an investment grade rating or better from either or both Standard & Poor' s and Moody' s . Management and Underwriting fees to Prudential-Bache are on a contingent basis, payable solely from the proceeds of a successful sale of the District ' s securities . If the above is acceptable to the District, please indicate by your endorsement below and we will begin our efforts immediately. I sincerely appreciate this opportunity to serve the District and look forward to a highly successful issue for the District. Sincerely, Douglais . Charchenko First Vice President Agreed to as stated this day of December, 1986. By: Herbert A. Grench, General Manager Midpeninsula Regional Open Space District R-86-133 A. (Meeting 86-30 December 22 , 1986) WC MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT December 17 , 1986 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Approval of Agreement with Prudential-Bache Securities to Serve as Managing Underwriters of Negotiable Promis- sory Notes Discussion: In a separate report (R-86-129 dated December 15, 1986) the District's Controller is recommending issuance of a new note issue. A new issue has been planned for some time. The 1986-1987 Action Plan, which was first presented in February, 1986 (see report R-86-13 dated February 5 , 1986) and received final adoption in June, has the following projects and activities in the Open Space Acqui- sition and the General Management and Program Support sections, respectively: Maintain a multi-year spending plan for land acquisition which optimizes use of cash and borrowed funds to accomplish acquisition goals within budget constraints. If marketing conditions are favorable, market a new note issue for the acquisition of land. rTudential Public Finance sf curifies December 12, 1986 Mr. Herbert A. Grench General Manager Midpeninsula Regional Open Space District Old Mill Office Center, Building C, Suite 135 201 San Antonio Circle Mountain View, California 94040 Dear Mr. Grench: Prudential-Bache Securities Inc. Appreciates this opportunity to present a proposal to provide senior managed underwriting services for the refunding of the District ' s 1982 and 1985 Promissory Note issues as well as the generation of new capital for the District' s land acquisition program and the prepayment of existing land sales contracts . SERVICES TO BE PREFORMED BY PRUDENTIAL-BACHE SEC URITIES AS MANAGING UNDERWRITER The following services will be provided to the Midpeninsula Regional Opens Space District byPrudential-Bache as senior managing underwriter: A. Organization of the project team; B. Development of the final financing plan; C. Preparation of the marketing materials for the financing; D. Development of the market for the financing; E. Implementation of the sale; F. Coordination of the closing and delivery of funds; and G. Maintenance of a secondary market . Our primary goal will be to develop and execute a plan of financing which will provide capital in a timely fashion at the lowest possible cost to the District. Prudential-Bache Securities Inc., One Embarcadero Center,36th FI.,San Francisco,CA 94111 Tel.415 981-0440 Prudential-Bache Organizing the Project Team and Developing the Financing Plan The development of a financing plan will be accomplished by Prudential-Bache in concert with the District, legal counsel, bond counsel and other appropriate parties . The financing plan will be based upon the requirements of the Company, revenue projections, the IDB financial and legal structure, the requirements of the City of Clovis, and other considerations . Prudential-Bache will as a matter of course perform the following services, with the understanding that this is not an exclusive, but rather a representative, listing: 1. Review and analyze the current financial structure in light of pending changes in the IDB regulations and their potential impact on the tax-exempt bond market. 2 . Recommend possible changes or additions to exisiting financial and legal structures where it is deemed appropriate and beneficial . 3 . Determine the amount of bonds to be issued to finance the proposed project. This amount will be based upon reserve requirements, an amount for contingencies, financing costs and all other costs incidental to the project. 4 . Secure appropriate financial security provisions, taking into account relevant governmental rules and regulations which may have a bearing on the proposed financing. 5 . Develop suitable maturity schedules for present and future issues as well as an appropriate schedule of redemption provisions . 6 . When appropriate, provide services of underwriters , counsel to assist in the drafting of all documents . 7. Assist in the development of financial provisions, such as ordinances, resolutions and trust indentures to be included in the appropriate legal documents. 8 . Recommend timing of the bond sale in light of the then current market conditions. a. Construction fund(s) , including the disposition and investment of monies in such funds; Prudential-Bache b. Interest and principal funds; c. A debt service reserve fund, including investment of monies therein; d. Reserves for renewals, replacements, depreciation, purchase of new equipment, etc. ; e. Covenants relating to the issuance of additional bonds, and other permitted indebtedness; f. Covenants relating to the establishment of fees to be charged by the respective parties; and g. Covenants relating to annual reports, audits and the use of consultants . 9 . Recommend timing of the issue or issues in light of the then current market conditions. Preparing the Marketing Materials As senior managing underwriter, Prudential-Bache will undertake the following, once the financing structure has been completed and approved by Midpeninsula Regional Open Space District: 1. Coordinate the development of the bond indenture, the fundamental document governing the financial and legal structure of the financing. 2. Provide advice and assistance to all counsel, including bond counsel, in the development and preparation of all supporting legal documents (e.g. , ordinance, leases, contracts) relevant to the financing. 3 . Draft a complete and detailed preliminary official statement, describing the project being financed, the terms of the bonds and the legal aspects of the financing, to serve as an effective marketing instrument. 4 . Work with all consultants and engineers in the preparation of their supporting reports and documents. When the drafts of all the supporting legal documents and the preliminary official statement have been completed and approved, Prudential-Bache will assist the District in preparing a presentation to Moody' s Investors Service and Standard & Poor' s Corporation for bond ratings. We will also accompany and support the District in meeting with these rating agencies . Prudential-Bache Developing the Market The development of a market for an issue through a pre-sale effort is crucial to any financing. Prudential-Bache' s marketing strategy for the proposed IDB issue will be targeted to those investors whom we believe would be most interested in the bond issue in a manner that would ensure as broad a market as possible. A comprehensive educational process comprising two components would be undertaken. The first component entails the education of the underwriters, salesmen and traders who market the issue. The second component concerns the education of potential investors enabling them to become fully familiar with the financing. The following are the specific pre-sale marketing materials which Prudential-Bache prepares as senior managing underwriter in order to ensure maximum pre-sale exposure of the issue to potential institutional and individual investors : 1. A credit summary is developed on the issue and distributed several weeks prior to the sale to all potential investors . 2 . Several weeks prior to the sale, "All Points Bulletins" are developed and distributed to each of our more than 4 , 600 Retail Account Executives, Retail Institutional Account Executives and the Firm' s Regional Municipal Underwriting and Trading Centers staff. 3 . Each branch office receives a format for a "Prospecting Letter" with a reply coupon to be reprinted on branch office stationery and sent to local accounts several weeks prior to the sale of the bonds. 4 . Prudential-Bache publishes articles in "Action" , the firm' s internal marketing publication, announcing the sale of the issue several weeks prior to the pricing of the issue. We also assist other members of the underwriting group in developing similar internal promotional materials for their sale forces . 5 . Prudential-Bache Municipal Research Department produces a "Calendar of New Issues" which lists municipal issues several weeks prior to their coming to market. Then the week of the sale, the issue is written up as a Credit Summary with specific facts relating to the actual pricing of the issue, and is included in the "Calendar" . The "Calendar of New Issues" is distributed to institutional clients, and underwriting, sales and trading staff of Prudential-Bache. A copy of the "Calendar of New Issues is attached. Prudential-Bache 6 . Prudential-Bache, as the lead manager, often publishes articles in various national and local financial and general news publications, announcing the sale of the issue one week prior to the sale. To establish additional pre-sale interest in the bonds, Prudential-Bache, when appropriate, prepares and publishes pre-offering advertisements in key retail markets throughout the United States as well as the local Fresno County market and surrounding areas . We will prepare and distribute direct mail circulars specially designed to promote interest in the County of Fresno bonds for investors . Implementing the Sale As managing underwriter, Prudential-Bache will provide marketing the following services based on current market conditions and the results of pre-sale marketing efforts : 1. Recommend the most advantageous time to market the proposed securities . 2. Organize an underwriting syndicate of leading national and regional investment banking firms to facilitate a rapid sale of the bonds. 3 . Prepare and distribute pricing wires and progress reports for all syndicate members during the order period. Our syndicate department will remain in daily contact with the syndicate members in order to evaluate their progress. Through Prudential-Bache' s eleven Municipal Underwriting and Trading offices and private wire system, the syndicate members and the entire Prudential-Bache system will be kept abreast of the status of the financing. 4 . Provide, when submitting our offer to purchase the bonds, a detailed explanation of how the bid was computed and a comparison of it with other recent similar bond sales . Officers of the firm will meet with officials from the District to discuss the bid price submitted. 5 . Underwrite, as Senior Manager, a commitment for a significantly larger percentage of the issue than as an account members. We will also, as a manger, be in a better position to obtain bonds for sale by our account executives. With better assurance that we would be allocated an adequate amount of bonds to sell, our account executives will have more incentive to conduct a concentrated sales effort. There have been numerous Prudential-Bache instances when, as an account members, we have generated orders for a significantly greater number of bonds than were allocated. The full benefit of our sales efforts, in those instances, was irretrievably lost to the issuer. 6 . Commit, if necessary, a significant amount of our capital to underwrite the issue. Such commitments of capital have been required in the past when sufficient interest in an issue has not been generated at the time of sale. The potential market for the issuer ' s financing often includes retail and institutional investors at both the national and regional levels. In those cases, the ability of Prudential-Bache to aggressively sell in both the national regional markets is crucial to the firm's ability to obtain the lowest possible interest cost to the Issuer. Prudential-Bache' s vast retail and institutional sales capability assures the development of the widest possible scope of investor demand for tax-exempt obligations . In addition, the firm' s ability to market an issue among all types of investors at both the national and regional levels allows it to target an issue to those investors willing to buy at the lowest interest rates . This flexibility also allows Prudential-Bache to utilize all market segments and thus increase the overall strength of the bond issue. It is anticipated that institutional/money market fund managers will represent the prime market for the proposed Gottschalks - Clovis IDB. The fact that Prudential-Bache has acted as an underwriter in the sale of nearly one-half of the total volume of all competitive and negotiated tax-exempt bond issues during the past four years underscores the marketing ability of the firm. This success is largely due to a three-tier distribution network: Retail Account Executives, call on individual investors; Institutional Fixed Income Account Executives, call on institutions with managed assets exceeding $125 million; and Retail Institutional Account Executives (RIAE' s) , calling on institutions with managed assets under $125 million. 1. Retail Market The retail market is composed of individuals who invest in tax-exempt securities through direct purchase. Prudential-Bache has one of the largest retail municipal bond distribution networks in the securities industry. Prudential-Bache' s retail sales force has continued to expand to over 4, 600 throughout the country today in our 275 branch offices . Prudential-Bache 2. Institutional Market The institutional market is composed of two groups: institutions which purchase tax-exempt securities for their own portfolio to meet their investment and tax needs; and entities which function as intermediaries for individuals/organizations by creating portfolios of which these individuals/organizations own a portion. The types of major institutional investors comprising these two groups are noted below: Institutions: Casualty Insurance Companies Life Insurance Companies Corporations Hedge Funds Commercial Bank Investment Portfolios Intermediaries: Closed End-Unit Trust Bond Funds Open End-Managed Bond Funds Short-Term Tax-Exempt Bond Funds Commercial Bank/Trust Common Bond Funds Commercial Bank/Trust Client Accounts Commercial Bank/Trust Investment Advisory Groups "Total Return" Taxable Managed Funds Non-Bank Investment Advisors Today, Prudential-Bache is one of Wall Street ' s largest sellers of municipal bonds to institutions . The volume of municipal institutional sales by the Firm is greater than that of many institution-oriented securities firms . The Institutional Fixed Account Executives and the RIAE' s service institutional investors sin tax-exempt securities . The Institutional Fixed Income Account Executives call on institutions with managed assets exceeding $125 million. This- includes - commercial banks, thrift institutions, property and casualty insurance companies, bond funds, trust department common bond funds, investment advisors and counselors, corporations and municipal bond sinking funds. The Institutional Fixed Income Sales Division consists of approximately 115 Account Executives, 38 of whom are devoted solely to municipal securities . Thirteen of these individuals are located in New York City, and the balance are in eleven regional offices throughout the United States. The unique element of Prudential-Bache' s institutional marketing network is RIAE' s. The individuals are Account Executives who have been given special intensive trading to call on small regional and local institutional investors with managed -Bache Prudential assets of less than $125 million. In the aggregate, the smaller institutional buyers have become a formidable source of capital and a significant factor in the market for tax-exempt securities. Currently, there are 128 RIAE' s through the Prudential-Bache network. Prudential-Bache' s three-tier distribution system enables the firm to effectively penetrate the full breadth and depth of the municipal market in order to achieve the lowest possible interest cost for the District. This three-tier system is composed of over 4, 600 Account Executive sin 275 offices throughout the United States . Coordinating the Closing and Delivery Prudential-Bache will arrange for the printing and distribution of the Official Statement, the preparation, signing and delivery of the bonds and the arrangements for the ultimate closing of the bond issue. We will provide the Midpeninsula Regional Open Space District a complete financing summary including a pricing and distribution analysis showing performance of each member of the underwriting syndicate which shows each firm' s participation, actual sales and percentage of sales. to participation. maintaining a Secondary Market One of the most frequently overlooked and perhaps the most critical capability of an underwriter is the firm' s ability to maintain a strong secondary market in the issue it has underwritten. A firm' s willingness and ability to always "make a market" helps ensure that an issue will be liquid and thereby make the initial sale easier because significant risk in the secondary market is reduced from the bondholder ' s perspective. Prudential-Bache is a recognized leader in the secondary market . This ability includes both small and large trades, as well as institutional and retail trades . As an example of our recognized leadership role, a major insurance company recently called upon Prudential-Bache to assist it by using our secondary market ability to obtain the highest possible prices during the liquidation of its bond portfolio. Proposed Underwriting Fees The entire process can be accomplished in a reasonable time frame and should not be negatively influenced by the Tax Reform Prudential-Bache Act of 1986 . Our fee will be negotiated at the time of sale, but will not exceed 1.4% of the par amount of securities sold for management and underwriting, conditioned on receipt of an investment grade rating or better from either or both Standard & Poor' s and Moody' s . Management and Underwriting fees to Prudential-Bache are on a contingent basis, payable solely from the proceeds of a successful sale of the District' s securities. If the above is acceptable to the District, please indicate by your endorsement below and we will begin our efforts immediately. I sincerely appreciate this opportunity to serve the District and look forward to a highly successful issue for the District. Sincerely, Douglas L. Charchenko First Vice President Agreed to as stated this day of December, 1986 . By: Herbert A. Grench, General Manager Midpeninsula Regional Open SpaceDistrict R-86-128 (Meeting 86-30 December 22, 1986) IV10fNk MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT December 15 , 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager SUBJECT: Selection of a Planning Consultant to Update the District 's Master Plan Recommendation : I recommend that you authorize the President to enter into the attached contract agreement with William Spangle and Associates to update the District 's Master Plan. Discussion: On December 10, 1986 , you approved the Scope of Ser- vices, as amended at the meeting, for the District 's Master Plan revision (see report R-86-122 of December 4, 1986) . Staff has negotiated a proposed contract with William Spangle and Associates, the planning firm that worked on the original Master Plan in 1976 and the major addition in 1978 (see attached contract Agreement) . As you recall, the work will entail preparing camera-ready copy of the Master Plan Composite Evaluation Map which will include evalua- tion of the lands outside the District boundary but within the Sphere of Influence. In addition, all new major park and open space lands acquired since 1978 will be incorporated into the areas of the map where the lands were originally evaluated. As indicated in the December 4 report and discussed at the meeting, the development of criteria (or alternative approach) for defining developed communities would continue concurrently by Board and staff but not be part of the present Agreement for services. The cost of the services provided by William Spangle and Associates would be $ 12 ,000 with the work to be completed within six months of the execution of the agreement. Board and staff will have the opportunity to review drafts of the work during the six month time frame. � II I AGREEMENT FOR CONSULTATION SERVICES FOR UPDATE OF MIbPENINSULA REGIONAL OPEN SPACE DISTRICT'S MASTER PLAN DOCUMENT THIS AGREEMENT is made and entered into this day of , 1986, by and between the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, hereinafter called "District" , and William Spangle and Associates, whose principal place of business is 3240 Alpine Road, Portola Valley, California, hereinafter called "Consultant" . W I T N E S S E T H WHEREAS, District desires to obtain expert professional ser- vices to update and extend the Master Plan for District; and WHEREAS, Consultant had previous experience in completing original Master Plan of 1976 and revising it in 1978; and WHEREAS, the Board of Directors of District after inquiry believes that Consultant is fully qualified to provide the professional services required by District in completing the current Master Plan revision; NOW, THEREFORE, IT IS MUTUALLY AGREED by the parties hereto as follows : ARTICLE 1. SCOPE OF SERVICES. Consultant shall provide professional services as described in Exhibit "A" attached hereto and made part of this agreement by reference. Consultant 's contribution to the project shall be limited to the areas of planning specifically referenced in Exhibit "A" . Consultant does not assume responsibility for the work of others in the production of planning documents nor the sufficiency thereof necessary to the execution of the work. ARTICLE 2. RESPONSIBILITIES OF THE DISTRICT. When Consultant has completed the scope of services and submitted the required documents in draft form to District for approval, District shall reveiw said work and if found to be satisfactory, shall approve the same in writing. If unsatisfactory, District shall inform Consultant as to changes or revisions necessary to secure approval. District shall make available to Consultant, at no cost, all information which District has pertaining to the project, including, but not limited to, topographical maps, photographs, and reports. All materials made available to Consul- tant must be returned to District upon completion of the project. ARTICLE 3. MODIFICATION OF AGREEMENT. District may request changes in the scope of the services to be performed by Consultant under this agreement. Such changes, including any increase or decrease in the amount of Consultant's fee, shall be made in written amendments to the agreement or by separate written agreement and signed by both parties. ARTICLE 4. DOCUMENTS, DRAWINGS, PHOTOGRAPHS. All documents, reports, drawings, photographs and models prepared by Consultant pursuant to this agreement, including, but not limited to, the final written summary shall be the property of District. ARTICLE 5 . COMMENCEMENT OF WORK. Consultant shall commence performance of the services and duties required to be performed under this agreement immediately upon receiving a signed copy of the agreement. ARTICLE 6. INSPECTION OF WORK. It is understood that periodic review of the Consultant 's work may be necessary, and right to review is reserved to the District. 2 Consultant agrees to provide District 's project representative access to any and all books, documents , papers and records which are directly perti- nent to this agreement. District Board will review the draft materials, as prepared by Consultant, within a reasonable time period before the end of this contract and as outlined in Article 2 . Appropriate recommendations and changes to the Draft will be made by District Board to be incorporated in final Plan by Consultant. ARTICLE 7 . COMPLETION DATE. Consultant shall complete performance of all services and duties required to be performed by Consultant under this agreement within 180 days after the execution of this agreement. Should the conduct of the work dealing with the preparation of the Master Plan as outlined in Article 1 extend beyond 180 days as a result of circumstances beyond Consultant's control, labor estimates and costs shall be considered subject to renegotiation. ARTICLE 8. CONSULTANT'S FEE. District agrees to pay consultant an amount not to exceed $12 ,000 for and in consideration of faithful performance for all services and duties required to be performed by consultant under this agreement. Payment to Consultant shall be based on Consultant 's costs actually incurred in prosecuting the work described in Exhibit A of this Agreement. Allowable costs include professional services together with costs of travel, dupli- cation services, special materials, and special graphic services for revisions to the Master Plan Evaluation Map. Compensation for costs of Consultant 's professional services shall be at the following hourly rates : Chief Planner (William Spangle) , $92. 15 ; Assistant Planner (Sheryl Marioni) $35 . 50. Consultant shall advise District 's project representative of the estimated cost of special graphic services and related details prior to authorizing start of work by the sub-contractor to complete camera-ready material for printer. ARTICLE 9. PAYMENT OF CONSULTANT'S FEE. Consultant 's fee shall be paid as follows : A. Upon the expiration of each month from and after the date of execution of this agreement, and up to and including the time affixed for completion of the work as set forth in Exhibit A of this Agreement, Consul- tant shall submit a bill to District for services performed and expenses incurred during said month. District shall make payment of each billing within 15 days after the receipt of such billing provided, however, that District shall have the right to withhold payment of any such billing in the event District determines that the work performed by Consultant is not progressing according to schedule, or that the quality of work is inade- quate, or that the billing does not accurately reflect the value of the services performed. B. The final payment to Consultant shall not be made until in the opinion of District the project has been completed and Consultant has fulfilled all the obligations of Consultant under this agreement. ARTICLE 10 . TERMINATION OF AGREEMENT. District may terminate this agreement upon five days written notice to Consultant if Consultant fails to perform its obligations under this agreement in a timely or proper manner, or if Consultant violates any of the covenants , terms , conditions or stipulations of this agreement, and District shall be relieved of all obligations under this agreement, including payment of Consultant 's fees. In the event of such termination for cause, all finished or unfinished documents , data, studies , surveys, drawings , maps, models, photographs , and reports prepared by Consultant shall, at the option of District, become the property of District, and Consultant shall be entitled to receive just and equitable compensation for work completed in accordance with the agreement on those documents and other materials which become the property of District. Notwithstanding the above, Consultant shall not be relieved of any liability to District for damages sustained by District by reasons of any breach of this agree- ment by Consultant, and District may withhold any and all payments to Consultant until such time as the exact method of damages due the District from Consultant has been determined. 2 Consultant agrees to provide District 's project representative access to any and all books , documents , papers and records which are directly perti- nent to this agreement. District Board will review the draft materials, as prepared by Consultant, within a reasonable time period before the end of this contract and as outlined in Article 2 . Appropriate recommendations and changes to the Draft will be made by District Board to be incorporated in final Plan by Consultant. ARTICLE 7 . COMPLETION DATE. Consultant shall complete performance of all services and duties required to be performed by Consultant under this agreement within 180 days after the execution of this agreement. Should the conduct of the work dealing with the preparation of the Master Plan as outlined in Article 1 extend beyond 180 days as a result of circumstances beyond Consultant 's control, labor estimates and costs shall be considered subject to renegotiation. ARTICLE 8 . CONSULTANT 'S FEE. District agrees to pay consultant an amount not to exceed $12,000 for and in consideration of faithful performance for all services and duties required to be performed by consultant under this agreement. Payment to Consultant shall be based on Consultant 's costs actually incurred in prosecuting the work described in Exhibit A of this Agreement. Allowable costs include professional services together with costs of travel, dupli- cation services, special materials, and special graphic services for revisions to the Master Plan Evaluation Map. Compensation for costs of Consultant 's professional services shall be at the following hourly rates : Chief Planner (William Spangle) , $92. 15; Assistant Planner (Sheryl Marioni) $35 . 50. Consultant shall advise District 's project representative of the estimated cost of special graphic services and related details prior to authorizing start of work by the sub-contractor to complete camera-ready material for printer. ARTICLE 9. PAYMENT OF CONSULTANT'S FEE. Consultant 's fee shall be paid as follows : A. Upon the expiration of each month from and after the date of execution of this agreement, and up to and including the time affixed for completion of the work as set forth in Exhibit A of this Agreement, Consul- tant shall submit a bill to District for services performed and expenses incurred during said month. District shall make payment of each billing within 15 days after the receipt of such billing provided, however, that District shall have the right to withhold payment of any such billing in the event District determines that the work performed by Consultant is not progressing according to schedule, or that the quality of work is inade- quate, or that the billing does not accurately reflect the value of the services performed. B. The final payment to Consultant shall not be made until in the opinion of District the project has been completed and Consultant has fulfilled all the obligations of Consultant under this agreement. ARTICLE 10 . TERMINATION OF AGREEMENT. District may terminate this agreement upon five days written notice to Consultant if Consultant fails to perform its obligations under this agreement in a timely or proper manner, or if Consultant violates any of the covenants , terms , conditions or stipulations of this agreement, and District shall be relieved of all obligations under this agreement, including payment of Consultant 's fees. In the event of such termination for cause, all finished or unfinished documents , data, studies, surveys, drawings, maps, models , photographs , and reports prepared by Consultant shall, at the option of District, become the property of District, and Consultant shall be entitled to receive just and equitable compensation for work completed in accordance with the agreement on those documents and other materials which become the property of District. Notwithstanding the above, Consultant shall not be relieved of any liability to District for damages sustained by District by reasons of any breach of this agree- ment by Consultant, and District may withhold any and all payments to Consultant until such time as the exact method of damages due the District from Consultant has been determined. 3 By agreement of the parties to this Agreement, it may be terminated at any time and thereupon all documents, data, studies, surveys, drawings , maps , models , photographs , and reports prepared by Consultant shall become the property of District and delivered to District upon demand. In the event of such termination, District shall pay Consultant for services performed pursuant to this Agreement to the time of termination an amount to be calculated in accordance with Article 9 of this agreement, plus such amount agreed to be paid by District for any optional work performed by Consultant as provided for by written amendment to this agreement. ARTICLE 11. ARBITRATION. Any controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by arbitration in accordance with the Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. In the event of any arbitration or other legal proceedings per- taining to this agreement, including the enforcement of any arbitration award, the prevailing party shall be entitled to recover all legal expenses incurred, including reasonable attorney fees. ARTICLE 12 . INDEPENDENT CONTRACTOR. It is understood and agreed by the parties hereto that Consultant in the performance of this agreement shall act as independent contractor and not as an agent or employee of District, and that as an independent contractor, Consultant shall obtain no rights to retirement benefits or any other bene- fits which accrue to District employees. ARTICLE 13. ASSIGNMENT. Consultant shall not assign any rights or duties under this agreement without prior written consent of District. ARTICLE 14. INTEREST OF CONSULTANT. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or de- gree with the performance of services required to be performed under this agreement. Consultant further covenants that in the performance of this agreement no persons having such interest shall be employed. ARTICLE 15 . NONDISCRIMINATION. Consultant, with regard to the work performed by him under this agreement, shall not discriminate on the grounds of race, color, sex or national origin in its own organization or in the selection and retention of subcontractors, including procurements of materials and leases of equipment. ARTICLE 16 . SUPERVISION OF WORK BY A PRINCIPAL OF CONSULTANT'S. Consultant covenants that all work performed by Consultant under the terms of this agreement shall be performed under the direct supervision of William Spangle and warrants that all work will be carefully supervised by him. ARTICLE 17 . PROJECT REPRESENTATIVES. The District and Consultant hereby designate the following persons to act as Project Representatives in all matters dealing with the performance of this agreement. DISTRICT: David Hansen, Land Manager Midpeninsula Regional Open Space District Building C, Suite 135 201 San Antonio Circle Mountain View, CA 94040 CONSULTANT: William Spangle, Chief Planner William Spangle and Associates, Inc. 3240 Alpine Road Portola Valley, CA 94025 4 ARTICLE 18 . ' HOLD HARMLESS. Consultant shall indemnify and hold harmless the Midpeninsula Regional Open Space District, its employees , agents , officers , and Board of Direc- tors from any and all negligent acts caused by Consultant. ARTICLE 19. INSURANCE. Consultant shall not commence work under this agreement until all insurance required under this section has. been obtained and such insurance has been approved by the General Manager. Consultant shall furnish District with Certificates of Insurance evidencing the required coverage and there shall be specific contractual liability endorsement extending the Consultant 's coverage to include the contractural liability assumed by Consultant pur- suant to this agreement. These Certificates shall specify or be endorsed to provide that thirty (30) days notice must be given, in writing, to District of any pending change in the limits of liability or of any cancel- lation or modification of the policy. 1. Workers Compensation and Employer Liability Insurance. The Consultant shall have in effect during the entire life of this agree- ment Workers Compensation and Employer Liability insurance providing full statutory coverage. In signing this agreement, Consultant makes the following certification, required by Section 1861 of the California Civil Code : I am aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for Workers Compensation or to undertake self- insurance in accordance with provisions of the Code, and I will comply with such. IN WITNESS WHEREOF, the parties hereto have executed this agree- ment by their respective duly authorized agents on the day and year first above written. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT By President, Board of Directors Dated: ATTEST: CONSULTANT: William Spangle and Associates District Clerk Dated: By George Mader, President APPROVED AS TO FORM: Dated: District Counsel C 0 " 11Q_ SC 3 t, t) -cx �) zo Exhibit "A" SCOPE OF SERVICES MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MASTER PLAN REVISION The Midpeninsula Regional Open Space District (MROSD) is soliciting a planning consultant to complete a revision of its Master Plan map. The Master Plan denotes the suitability and desirability of land as open space within the District 's Sphere of Influence. General Scope The planning consultant will undertake and complete the following work for the Midpeninsula Regional Open Space District: 1. Extend the MROSD Master Plan composite evaluation map of April, 1978 completed by William Spangle and Associates, District staff, and the Santa Clara County Planning Department. The extension will include lands outside the District boundary but within the District 's Sphere of Influence in San Mateo, Santa Clara, and Santa Cruz Counties. 2. Revise and update the 1978 Master Plan composite evaluation map to include all lands acquired by the District and other area park agencies since 1978 and prepare camera-ready copy of the map and any minor text changes for printing. Basis for Undertaking Work The Midpeninsula Regional Open Space District published a Master Plan which was prepared by the District Board and staff members , William Spangle & Associates , and the Santa Clara County Planning Department. In this Master Plan, policy statements concerning open space preservation were developed, and a basis for evaluating open space lands within the District was established. The following statements outline the basis for the work: 1. The District Board does not anticipate making a major or comprehensive revision of the Master Plan policy statements , nor does it request the Consultant to undertake a comprehensive review and revision program. There will be no major changes in policy that require revision of the scoring system or computer program used for the 1978 plan. Estimates of cost and time required to complete the project should be prepared on this basis. It is understood that technology has improved since the computer program for rating the lands was formulated. Therefore, the program may be substituted or deleted to improve efficiency in delineating the new areas to be shown on the map. Minor wording changes to update the text will be transmitted by District to Consul- tant. 2 . The system used for evaluating the open space lands within the Sphere of Influence Area shall provide results comparable to those achieved in the 1978 Master Plan. 3 . The Consultant will assemble, analyze, and record data concerning the following open space uses : 2 a. Wildlife protection b. Vegetation protection C. Agricultural production d. Intensive recreation e. Low intensity recreation f. Wilderness experience g. Scenic backdrop h. View from scenic highways i. Guiding urban form General procedures for collecting and analyzing data on these topics will be the same as those in the 1978 plan. However, any compatible alternative methods which will assist in expediting the new Open Space Lands Composite Evaluation may be used. 4 . The graphic materials used in the preparation of the 1978 Master Plan will be made available to the Consultant for the preparation of the "extended Master Plan" . The Consultant will correct, extend, or modify these graphic materials. However, before making any changes , the Consultant will advise the Land Manager of the District. There may be cases in which the graphic materials used in the preparation of the Master Plan of April, 1978 are, in the judgment of the Land Manager of the District, to be preserved in their present form. If so, the Consultant will be authorized to obtain or prepare duplicate or equiva- lent graphic materials, and the costs shall be reimbursed as "added charges". 5 . All materials produced in the process of fulfilling this contract extension shall become the property of the District. District staff will provide USGS seven and one-half minute quadrangle maps outlining all major public lands added to the District and other park agencies since 1978 and will review and approve all graphic work for accuracy and style before final acceptance. 6. Consultant will be responsible for soliciting firms for-the graphic revisions of the Master Plan Evaluation Map. Costs for the graphic work are considered a part of the contract fees for the Planning Consultant. Actual costs and solicitation of firms for printing of the revised map will be borne by the District. 7 . The timing for completing this work will be approximately six months. This does not include the time for printing. It is antici- pated that work will commence immediately upon approval of a con- tract with the consulting Planning firm by the District 's Board of Directors. R-86-123 (Meeting 86-30 December 22, 1986) AW MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT December 8 , 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; J. Boland, Operations Supervisor SUBJECT: Appointment of Peace Officer Recommendation: I recommend that you adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Appointing Peace Officer appointing Thomas Karnofel as a peace officer pursuant to Section 830. 31 (b) of the Penal Code of the State of California. Discussion: At your meeting of January 14 , 1976, you accepted the recommendation that District rangers be appointed as peace officers as outlined under Section 830. 31 (b) of the Penal Code of the State of California (see report R-76-2 , dated January 7 , 1976) . Thomas Karnofel, the District's newest Ranger, has completed the necessary courses required under the Penal Code. This course comple- tion and the passage of the attached resolution will qualify him as a peace officer. RESOLUTION NO. 86-72 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPOINTING PEACE OFFICER The Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve as follows : 1. The following person is hereby designated as a peace officer of the Midpeninsula Regional Open Space District pursuant to Section 830. 31 (b) of the Penal Code of the State of California, to enforce the Regulatory Ordinance for Use of Midpeninsula Regional Open Space District lands and any appli- cable federal, State and local laws : Thomas Karnofel R-86-131 (Meeting 86-30 December 22 , 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT December 16, 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 SUBJECT: Proposed Additions to the Sierra Azul Open Space Preserve - Mt. Umunhum Area: Lands of (1) Schofield, (2) Howatt et al . and (3) Miller et al. Recommendation: I recommend that you adopt the following three resolutions : 1. Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of Schofield) 2. Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement - Bargain Sale, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of Howatt et al. ) 3. Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement - Bargain Sale, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of Miller et al. ) I further recommend that you tentatively adopt the Interim Use and Management Plan recommendations contained in this report, including naming the properties as additions to the Sierra Azul Open Space Preserve - Mt. Umunhum Area, and indicate your intention to withhold the properties from dedication at this time. Introduction: The District has the opportunity to purchase three parcels of land in three separate ownerships totalling 358 acres , located in the Dis- trict' s Sphere of Influence southeast of Mt. Umunhum. The properties are not contiguous with existing District lands but would form the nucleus of a new acquisition area along the ridgeline of the Sierra Azul near Loma Prieta. These properties would become the most southern land holdings of the District R-86-131 Page two (except for an open space easement and a parcel further north) . Acquisition of these properties would help protect the visually prominent ridgeline from development and offers potential for a ridgetop trail . A. Description of the Sites 1. Size, Location and Boundaries The properties are all located in unincorporated Santa Clara County next to the Loma Prieta Road. This is an unpaved road extending along the Sierra Azul ridgeline between the Mt. Umunhum Road (about 3. 5 miles from Hicks Road) and Loma Prieta. Beyond Loma Prieta the road is paved, connecting with Summit Road and Highland Way. See the attached map for location of the properties described as follows: a) Schofield This 38 . 12 acre parcel lies just west of the ridgeline. It is reached by following the Loma Prieta Road approximately one mile south to its intersection with the "Cattermole Road" , an unpaved road winding down to Lake Elsman and Wrights Station. From the ridge, the Cattermole Road makes a hairpin turn northwest, and then turns directly west, roughly following the northern boundary of the property for approximately 1000 feet. The land is sur- rounded by private properties on all sides. b) Howatt This 160 acre parcel is shaped like two offset rectangles. Approximately 200 feet of the Loma Prieta Road passes through the northeast corner of the property one mile southeast of the Cattermole/Loma Prieta Road intersection. The property adjoins the southern boundary of the Miller parcel, also proposed for acquisition in this report, with private properties on all other sides, including San Jose Water Company lands to the west. c) Miller This square 160 acre parcel lies immediately north of the Howatt parcel described above. The Loma Prieta Road passes through the southwest section of the property. It is surrounded by private properties, sharing the western half of its southern border with the Howatt property described above. 2. Topography, Geology, and Natural Resources Lying on or near the ridgeline of the Sierra Azul , the properties are all remote, with steep rugged terrain and far-reaching views. The entire area south and west of the ridge was burned by the 1985 Lexington fire. From a distance the blackened skeletons of trees and shrubs stand out against the denuded soil, but a closer view reveals vigorous resprouting of brush and a good growth of annual rye grass introduced by aerial seeding after the fire. Many of the canyon bottoms were spared by the fire, leaving stands of bay, madrone, big leaf maple, and other riparian species. R-86-131 Page three The area contains mainly volcanic rock with lesseramounts of sand- stone and sheared rock materials. The bedrock is covered with Los Gatos and Maymen soils with very high erosion hazard. Before the burn, the area was densely covered by woody brush species, including chamise, manzanita, buckbrush, scrub oak, toyon, poison oak, coffee berry, and coyote bush. Most of these species resprouted after burning. Hardwood trees included California bay, coast live oak, madrone, and some tan oak, all of which will resprout. Because of the fire, the most severely burned areas lost their shrub and herbaceous cover, and the protection offered by surface litter. The shrubs and hardwoods are beginning to reoccupy the area, and the litter and organic matter are being gradually replaced through natural leaf and twig fall. a) Schofield The property forms a steep west-facing bowl below the Sierra Azul ridgeline. The slopes converge into a canyon near the center of the property containing a large perennial spring, the headwaters of an unnamed tributary of Los Gatos Creek. Elevations range from 2960 feet at the northeast corner to 2560 feet in the canyon bottom. The vegetation is largely chaparral , resprouting after the Lexington fire. Some of the new manzanita growth is already 3 to 4 feet high. The fire skipped the moist drainage below the spring, leaving a dense stand of mature bay trees , madrone, and other riparian species. This area has high wildlife value due to the water availability. The ground near the spring was freshly uprooted, indicating recent visits by feral pigs . Deer tracks and quailwere also seen on the property. b) Howatt The property lies to the west of the ridgeline, encompassing the upper part of Garrity Ridge, a prominent ridge extending south towards upper Los Gatos Creek. The entire property was burned in the fire and still contains a great deal of exposed soil . The vegetation is largely chaparral due to the dry southwestern exposure. Elevations range from 1680 feet along the southwest boundary to 2960 feet at the northeast corner where the Loma Prieta Road crosses the property. c) Miller The majority of the property lies northeast of the ridgeline and the Loma Prieta Road. This area was spared by the fire, and its steep east facing slopes are densely covered with chaparral and mixed evergreen forest. Four grassy knolls provide panoramic viewpoints encompassing the area from Monterey Bay and the Pacific Ocean to the Santa Clara Valley. An intermittent creek flows down the northern portion of the property, draining into the Herbert Creek watershed. Elevations range from 1920 feet whore the creek leaves the property to 3040 feet atop the knolls, an elevation difference of 1120 feet. R-86-131 Page four B. Planning Considerations The properties are located in unincorporated Santa Clara County and are zoned Hillside (HS) . Acquisition for open space purposes conforms with the General Plan of Santa Clara County. Since the properties lie outside the District boundary, they were not rated in the District' s Master Plan for suitability as open space. They are within the District' s Sphere of Influence. The ridgeline area forms important scenic backdrop to communities to the north in the Santa Clara Valley, and to the south near Route 17 . It also offers a fairly level potential trail route, with continual pano- ramic views and connections to prominent peaks . Although the County' s Trails and Pathways Plan does not show any planned trails in the Loma Prieta Region, the existing roads in the area have the potential to become parts of a trail network ultimately creating a central trail along the spine of the Sierra Azul , with trails radiating to the valleys on either side of the range. C. Current Use and Management Access to all the properties is from the Loma Prieta Road. Although historically open to the public, the Loma Prieta Road has been recently gated by residents near the Mt. Umunhum Road intersection and the public excluded. The public rights on the road are unclear, although staff is not currently aware of any recorded public or private easement rights. None of the properties contain any structures. 1. Schofield This property has two dirt pads leveled from the west facing slope. one pad was used for a mobile home burned in the fire. Some trash, old metal, and broken glass remain on the pads. A water tank above the property apparently supplied water to the home, although a rough road has also been developed down to the spring in the center of the property. The Cattermole Road passes through the northern portion of the property, and there is a locked gate on this road. 2. Howatt There is a rough four-wheel drive road down part of Garrity Ridge, but otherwise no development on the property. 3. Miller According to the property representative, the property has been in the family for many years . There are said to be the remains of an old homestead and orchard on the property (although staff did not view this area) . There is a family tradition about gold being found in the creek on the property. R-86-131 Page five D. Potential Use and Development Site planning for these properties would occur in conjunction with planning efforts for other District properties comprising the Sierra Azul Open Space Preserve. Since this preserve consists of many non- contiguous parcels and presently has inadequate public access to most of them, the Preserve remains low on the District 's Relative Site Emphasis Plan, a plan that serves as a guideline for determining the level of planning effort and development for all District preserves. Until such time as the Sierra Azul Open Space Preserve becomes more suited for public recreation, i.e. , connecting trails and areas suit- able for parking, public access will not be encouraged, but the land will remain open to those who can gain access without trespassing. E. Interim Use and Management Recommendations 1. The debris on the Schofield property will be cleaned up at an estimated cost of $50. 2* Property boundaries will be signed as appropriate. Cost is estimated at $75, with funding included in the fiscal year 1986-87 budget. 3. Public rights on the Loma Prieta Road need to be clarified before encouraging public access along this road to reach these properties. The lands will be open, however, to those who can gain access without trespassing. 4. Staff will work with the neighbors and the Santa Clara County Sheriff' s Department to determine if the Sheriff's patrol should be extended along Loma Prieta Road. F. Naming I recommend that these properties become additions to the Sierra Azul Open Space Preserve - Mt. Umunhum Area. Due to substantial increases in acreage acquired in the entire Sierra Azul Preserve over the past year, staff will review the area designations during the time of the annual site emphasis review to ascertain if new or realigned area designations would be desirable for this preserve. G. Dedication I recommend that you indicate your intent to withhold these properties from dedication as public open space, since there is not yet a func- tional use unit in this area. This is consistent with other lands in the Mt. Umunhum Area of the Preserve. H. Terms 1. Schofield The attached Agreement requires the payment of $50 ,000 in cash at close of escrow. Since this 30 acre parcel constitutes a separate "site" it is valued on that basis . The value on an acreage basis would be an average of $1 ,300 per acre. 2. Howatt et al. This 160 acre property would be acquired on a bargain sale basis of $80,000 (an average of $500 per acre) . R-86-131 Page six 3. Miller et al. This 160 acre property would also be acquired on a bargain sale basis of $80,000 (an average of $500 per acre) . Funds for all three purchases, totalling $210,000 , are currently available. ] However, long-term funding requirements for these acquisitions are predi- cated upon the sale of a new public note issue in February, 1987 by the District. PROPOSED ADDITIONS TO THE , SIERRA AZUL OPEN SPACE PRESERVE ,1 !/ MT. UMUNHUM AREA S Jll► � % � ' ����, f'�= S .ALE 1" = 2000" NORTH (\ ��`'iC,�-��', _�-' _J_, �`�'�it� / V+���- \��` ii='—�� �-...�1-,J� ��t � �%�-�•�� b;�l, '\� \ � ram- - -� ,�i \�% --� 1� r%����_:, _���, ��� 11ji •-_:.�/ _,,,qa' ,�*��, to a�i MT UMUNHUM RD. l UMUNHUM AREA f CATTERMOLE. RD. l/ lll:_ ui D. MILLER PARCEL ACRE (3 7 8 12 t 201. n ;,���/�o�- � HOWATT RC PAEL, � � J! (160 ACRES) iN _ I 1 l f �O• Qt3'i 2 C; -0.m,to �;\� �� _� '1 ° ?Zt�> '1' � 1 ��LOMA PR I ETA*, � �?t,� ��. -;•' (ADD ��r3T ��i , �-� ' r ._ - i � ='— "�� � �V�'� \ -� � 1 RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZ- ING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF SCHOFIELD) 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 Purchase Agreement between George M. Schofield et ux. and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and author- izes 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 any 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 $1,000. to cover the cost of title insur- ance, escrow fees , and other miscellaneous costs related to this transaction. RESOLUTION NO. 86-73 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZ- ING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF SCHOFIELD) The Board of Directors of the P Mid peninsula Regional Open P g Space District does resolve as follows: Section One. The Board of Directors of the MidP eninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between George M. Schofield et ux. and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and author- izes 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 any 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 $1, 000 to cover the cost of title insur- ance, escrow fees, and other miscellaneous costs related to this transaction. I I PURCHASE AGREEMENT This Agreement is made and entered into by and between GEORGE M. SCHOFIELD and BETTY L. SCHOFIELD, husband and wife, hereinafter called "Seller" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, hereinafter called "District. " WITNESSETH WHEREAS, Seller is the owner of certain real property which has open space and recreational value, located within an unincorporated area of the County of Santa Clara, and being more particularly described within the body of this Agreement. t WHEREAS, District was formed by voter initiative to solicit and receive conveyances of real property, by purchase, exchange, gift, or bargain purchase for public park, recreation, scenic and open space purposes, WHEREAS, District desires to purchase said property for open space preservation and as part of the ecological and aesthetic resources of the midpeninsula area, and WHEREAS, Seller wishes to sell and convey the entirety of said Property to District, and District wishes to purchase said Property upon the terms and conditions set forth herein. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED as follows: 1. Purchase and Sale. Seller agrees to sell to District, and District agrees to purchase from Seller, Seller' s real property located within an unincorporated area of the County of Santa Clara, Purchase Agreement - Schofield Page 2 State of California, containing approximately thirty-eight (38) acres, more or less, and commonly referred to as Santa Clara County Assessor's Parcel No. 562-06-002 and being more particularly described in Preliminary Title Report No. AL 126677 , dated November 17 , 1986, from Continental Land Title Company, attached hereto as Exhibit "A" and by this reference incorporated herein and made a part hereof. Said Property to be 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 improvements attached or affixed thereto. All of said real property and appurtenances hereinafter called the "Subject Property" or the "Property. " 2. Purchase Price. The total purchase price ("Purchase Price") for the Property shall be Fifty Thousand and No/100 Dollars ($50 ,000.00) , which shall be paid in cash at the "Closing" as defined in Section 3 hereof. 3. Escrow. Promptly upon execution of this Agreement, in accordance with Section 9 herein, an escrow shall be opened at Continental Land Title Company, 5045 Almaden Expressway, San Jose, CA 95118, (408) 267-6000 , or other title company acceptable to District and Seller (hereinafter "Escrow Holder") through which the purchase and sale of the Property shall be consummated. A fully executed copy of this Agreement shall be deposited with Escrow Holder to serve as escrow instructions to Escrow Holder; provided that the parties shall execute such additional supplementary or customary escrow instructions as the Escrow Holder may reasonably require. This Agreement may be amended or supplemented by explicit additional escrow instructions signed by the parties, but the printed portion of such escrow instructions shall not supersede any inconsistent provisions contained herein. Escrow Holder is hereby appointed and instructed to deliver, pursuant to the terms of this Agreement, the documents and monies to be deposited into the escrow as herein pro- vided, with the following terms and conditions to apply to said escrow: Purchase Agreement - Schofield Page 3 1a) The ;time provided for in the escrow for the close thereof shall be on or before the expiration. of thirty (30) days following execution of this Agreement by both Seller and District; provided, however, that the parties may, by written agreement, extend the time for Closing. The term "Closing" as used herein shall be deemed to be the date when Escrow Holder causes the Grant Deed (as defined below) to be recorded in the Office of the County Recorder of Santa Clara County. The final date for Closing, including any written extensions as provided for herein, shall be on or before December 31, 1986. (b) Seller and District shall, during the escrow period, execute any and all documents and perform any and all acts reason- ably necessary or appropriate to consummat e the purchase and sale pursuant to the terms of this Agreement. (c) Seller shall deposit into the escrow on or before the A Closing an executed and recordable Grant Deed covering the Property as described in said Exhibit "A" . (d) District shall deposit into the escrow, on or before the Closing: (i) The required Certificate of Acceptance for the Grant Deed, duly executed by District and to be dated as of the Closing. (ii) District's check payable to Escrow Holder in the amount of Fifty Thousand and No/100 Dollars ($50 , 000. 00) . (e) Seller shall pay for the escrow fees, the CLTA Stan- dard Policy of Title Insurance, if required by District, and all recording costs and fees. All other costs or expenses not otherwise provided for in this Agreement shall be apportioned or allocated between District and Seller in the manner customary in Santa Clara Purchase Agreement - Schofield Page 4 County.. All current property taxes on the Property shall be prorated through escrow between District and Seller as of the Closing based upon the latest available tax information using the customary escrow procedures. (f) Seller shall cause Continental Land Title Company, or other title company acceptable to District and Seller, to be pre- pared and committed to deliver to District a CLTA standard coverage Policy of Title Insurance, dated as of the Closing, insuring District in the amount of $50, 000. 00 for the Property showing title to the Property vested in fee simple in District, subject only to: (i) cur- rent real property taxes; (ii) the listed exceptions 1 and 2 as set forth in said Preliminary Title Report attached hereto as Exhibit "A" , (iii) those additional title exceptions as may be acceptable to District. In the event District disapproves of any additional title exceptions and Seller is unable to remove any District dis- approved 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 Dis- trict' s direction, return to the parties depositing the same, all monies and documents theretofore delivered to Escrow Holder or; (ii) to close the escrow and consummate the purchase of the Property. (g) Escrow Holder shall, when all required funds and instru- ments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled cause the Grant Deed and attendant Certificate of Acceptance to be recorded in the Office of the County Recorder of Santa Clara County. Upon the Closing, Escrow Holder shall cause to be delivered to District the original of the policy of the title insurance if required herein, and Purchase Agreement - Schofield Page 5 to Seller Escrow:Holder's check for the full purchase price of the Subject Property (less Seller's portion of the expenses described in Section 3 (e) ) , and to District or Seller, as the case may be, all other documents or instruments which are to be delivered to them. 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. 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, exce pt t as othe rwise 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. 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: Seller further warrants and agrees to hold District free and harmless and to reimburse Dis- trict for any and all costs, liability, loss, damage or expense, including costs for legal services , occasioned by reason of any such lease or rental agreement of the Property being acquired by District, including but not limited to claims for relocation benefits and/or payments pursuant to California Government Code Section 7260 et seq. Seller understands and agrees that the provisions of this paragraph shall survice the close of escrow and recordation of any Grant Deed (s) . Purchase Agreement - Schofield Page 6 6.- Seller' s Representations and Warranties. For the purpose of consummating the. sale and purchase of the Property 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: 6. 01 Authority. Seller has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder. . 6. 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 suf•- ficient to convey to District the Subject Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which Seller is a party or by which Seller may be bound or any articles, bylaws or corporate resolutions of Seller. 6. 03 Good Title. Seller has and at the Closing date shall have good, marketable and indefeasible tee. simple title to the Subject Property, and the -interests therein to be conveyed to District.h.ereunder, 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. Purchase Agreement - Schofield Page 7 7. * Waiver -of Statutory Compensation. Seller and District understand and agree that Seller may be entitled to receive the fair market value of the Property described in Exhibit "A" , as provided for by the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646) and California Government Code Section 7267 , and following. Seller hereby wavies any and all existing and/or future rights they may have to the fair market value of said Property, appraisals, etc. , as provided for by said Federal Law and any corresponding California Government Code Sections. 8. Miscellaneous Provisions. 8. 01 Choice of Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties. 8. 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 judg- ment 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. 8. 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 performance of any of the obligations of the other party; (ii) waive any inaccuracies in Purchase Agreement - Schofield Page 8 representations and warranties made by the other.. party .contained in this Agreement or- in any documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the covenants con- tained 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 obliga- tions under this Agreement. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. 8.04 Rights Cumulative. Each and all of the various rights, powers and remedies of the parties shall be considered to be cumula- tive 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 exclusive. election thereof nor the waiver of any other right, power or remedy available to such party. 8 .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 telegraph or cable or sent by registered or certified mail , return receipt requested, with postage thereon fully prepaid. All such com- munications shall be addressed as follows: Seller: George M. Schofield c/o Gary Beck 7172 Anjou Creek Circle San Jose, CA 95120 District: Midpeninsula Regional Open Space District Old Mill Office Center Building C, Suite 135 201 San Antonio Circle Mountain View, CA 94040 Attn: Herbert Grench, General Manager (415) 949-5500 Copy To: Stanley R. Norton, Esq. 407 Sherman Avenue Palo Alto, CA 94306 (415) 324-1366 Purchase Agreement - Schofield page 9 If sent by telegraph or cable, a conformed copy of such telegraphic or cabled notice shall promptly be. sent by mail (in the manner pro vided above) to the addressee. Service of any such communication made only by mail shall be deemed complete on the date of actual deliv- ery as shown by the addressee"s registry or certification receipt or- at the expiration of the third (3rd) business day after the date of mailing, whichever is earlier in time. Either party hereto may from time to time; by notice in writingserved upon a _. p the other as aforesaid, designate ate a dif ferent mailing g addre ss or a different person to which such notices or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement shall excuse either party from givinq . oral notice to the other when prompt notification is appro- priate, but any oral notice given shall not satisfy the requirement of written notice as provided in this Section. 8 .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 deter- mination of any court of competent jurisdiction, the decision of which is binding upon the parties, the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement. The parties further agree to replace such void or unenforceable provisions which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provisions. 8. 0'7 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, effective in the same manner as if the parties had executed one and the same instrument. 8. 08 Waiver. No waiver of any term, provision or condi- tion of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, .a fur- ther or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this j Agreement, Purchase Agreement — Schofield Page 10 8. 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 correspond- ence, conversations, negotiations, agreements or understandings relating to the same subject matter. 8. 10 Time of Essence. Time is of the. essence of each pro- vision of this Agreement in which time is an element. 8.11Survival of Covenants. All covenants of District or Seller which are expressly intended hereunder to be performed in whole or in part after the Closing, and all representations and warranties by either party to the other, shall survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs, successors and permitted assigns. Assi nm 8. 1,2 � g ent. Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obliga- tions under this an Agreement to third g y party without the prior written approval of the other party. 8. 13 Further Documents and Acts. Each of the parties hereto agrees to execute and deliver such further documents and perform such other acts as may be reasonably necessary or appro- priate to consummate and carry into effect the transactions described and contemplated under this Agreement. 8. 14 Binding on Successors and Assigns. This Agreement and all of its terms, conditions and covenants are intended to be fully effective and binding, to the extent permitted by law, on the successors and permitted assigns of the parties hereto. Purchase Agreement - Schofield Page 11 8. 15 Options. Captions are provided herein for con- venience only and they form no part of this Agreement and are not to serve as a basis for interpretation or construction of this Agree- ment, nor as evidence of the intention of the parties hereto. 8.1-6 Pronoun References. In this Agreement, if it be appropriate, the use of the singular shall include the plural, and the plural shall include the singular, and the use of any gender shall include all other genders as appropriate. 8. 17 Broker' s Commission. District shall not be respon- sible for any real estate commission or other related costs or fees in this transaction. 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 proceed- ings 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. 9. Acceptance. Provided that this Agreement is signed by Seller and returned to District on or before. December 16, ..198§ District shall have until December 23, 1986 to accept and execute this Agreement and during said period this instrument shall constitute an irrevocable offer by Seller to sell and convey the Property to District for the consideration and under the terms and conditions herein set forth. As consideration for the tender of said offer District has paid and . Seller acknowledges receipt of the sum of Ten Dollars ($10.00) . Provided that this Agreement is accepted by District, this transaction shall close as soon as practicable in accordance with the terms and conditions set forth herein. Purchase Agreement - Schofield Page 12 IN WITNESS WHEREOF, the parties hereto have caused this Agreement . g Bement to be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof. MIDPENINSULA REGIONAL OPEN SPACE SELLER DISTRICT APPROVED AS TO FOR?1: , t�t.. , no Georg Schofield Date: *an orty , District Counsel ACCEPT R RECOMIMIENDATION: Betty Schofield L. C -yBritton Date: 1-1-2- f 2 - -P-6 - - Land Acq� sition Manager APPROVED AND ACCEPTED: President, Board of Directors ATTEST: District Clerk Date: i> CONTINENTAL LAND TITLE COMPANY A SUBSIDIARY OF LAWYERS TITLE INSURANCE CORPORATION 5045 ALMADEN EXPWY. SAN JOSE , CA 95118 (408) 267-6000 ° GARY BECK ESCROW OFFICER PHYLLIS QUIST ° 7172 ANJOU CREEK CT . TITLE OFFICER RICARDO REYNA ° SAN JOSE , CA 95120 BUYERS NAME ATTN: PROPERTY ADDRESS 562-06-002 YOUR NO . DATED AS OF NOVEMBER 17 , 1986 AT 7: 30A .M. OUR NO . AL126677 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE , CONTINENTAL LAND TITLE COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE , OR CAUSE TO BE ISSUED AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION IN 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 THI5 REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE , A BINDER OR COMMIT— MENT SHOULD BE REQUESTED. THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS : 1 . CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY [X] 2. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY FORM B E ] 3 . AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY L ] 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY [ ] �f i • ,-,-`,,r.,-f:, rw taw-- r���y. �-""", --; �._ TITLE OFFICER, RICARDO REYNA Page or SCHEDULE A r° PAGE 2 ORDER NO . AL126677 THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY .THIS REPORT IS: A FEE ' TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: GEORGE M. SCHOFIELD AND BETTY L . SCHOFIELD , HUSBAND AND WIFE THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SANTA CLARA, AND IS DESCRIBED AS FOLLOWS : LOT 6 OF SECTION 20 , TOWNSHIP 9 SOUTH , RANGE 1 EAST OF MOUNT DIABLO BASE AND MERIDIAN . A :R .B . 562-6-2 MM I Page of 1} SCHEDULE B PAGE 3 ORDER NO. AL126677 AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEP- TIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: A. A SALE TO THE STATE OF CALIFORNIA FOR GENERAL AND SPECIAL TAXES AND SUBSEQUENT DEL INQUENCIES CIES FOR THE FISCAL YEAR: 1985-86 ASSESSMENT NO. : -56 20b- 00 2 TAXING AUTHORITY: COUNTY OF SANTA CLARA AMOUNT TO PAY: $90 . 93 PRIOR TO DECEMBER 31 , 1986 AMOUNT TO PAY: $91 . 76 PRIOR TO JANUARY 31 , 1987 AMOUNT TO PAY: 92 . 59 PRIOR TO FE8R UARY 28, 1987 B . PROPERTY TAXES , INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 1986 - 1987. 1ST INSTAL LMENT: $5 6.09 OPEN 2ND INSTALLMENT: $56.09 OPEN LAND: $914 IMPROVEMENTS: $ NONE SHOWN H/O EXEMPTION: $ NONE SHOWN k, CODE AREA: 72-007 ASSESSMENT NO. : 562-06-002 C . THE LIEN OF . SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PRO- VISIONS OF CHAPTER 3. 5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA . 1 . RIGHT OF THE PUBLIC TO USE AS A ROADWAY THAT PORTION OF THE PREMISES LYING WITHIN THE BOUNDS OF ANY PUBLIC ROAD OR HIGHWAY THAT MAY TRA- VERSE THE PREMISES . 2 . AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: ELMER C . MONDO , A SINGLE MAN PURPOSE : INGRESS AND EGRESS AND PUBLIC UTILITIES REECORDED: FEBRUARY 18 , 1972, BOOK 9710, OFFICIAL RECORDS . PAGE 30 SERIES NO. : 4196616 AFFECTS: OVER THE EXTISTING 26 FOOT ROADWAY AS PRESENTLY TRAVLED, EXTENDING FROM THE NORTH BOUNDARY OF LOT 11 IN SEC. 20 T . 9 S . , R. 1 . E. , M.D. B. & M. ACCORDING TO UNITED STATES GOVERNMENT SURVEY AND THENCE RUNNING IN A GENERAL NORTHEASTERLY DIREC- TION OVER LOTS 6 AND 7 OF SAID SECTION 20 , T. 91 S . , R . 1 E . , M.D.B . & M. , TO THAT CERTAIN COUNTY ROAD KNOWN AS THE LOMA PRIETA ROAD ON LOMA ALMA- DEN ROAD IN SAID SANTA CLARA COUNTY. 1T Page of SCHEDULE B PAGE 4 CONTINUED _ ORDER NO. AL126677 THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS . 3. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE AMOUNT SHOWN BELOW, AND ANY OTHER OBLIGATIONS SECURED THEREBY: AMOUNT: $18, 500.00 DATED: SEPTEMBER 20, 1977 TRUSTOR: JOHN W . BUNNELL, AN UNMARRIED MAN AND MARY JO SMITH, AN UNMARRIED WOMAN TRUSTEE : LAWYERS TITLE INSURANCE CORPORATION, A COR- PORATION BENEFICIARY: EUGENE P. BIBEAU, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY RECORDED: SEPTEMBER 23, 1977, BOOK D160, OFFICIAL RECORDS PAGE 99 SERIES NO . : 5791966 LOAN NO . : NONE SHOWN TYPE LOAN: NONE SHOWN ADDRESS: 841 BEAVER CREEK WAY, SAN JOSE , CA THIS COMPANY WILL REQUIRE THAT THE SPOUSE , IF ANY, OF THE BENEFICIARY NAM ED AB OVE , AS SHOWN IN THE PEED OF TRUST REFERENCED BY ITEM N0. 3 ABOVE , JOIN IN THE EXECUTION OF THE REQUEST FOR FULL/PARTIAL RECON- VEYANCE AND ALSO SIGN THE DEMAND FOR PAYMENT, OR THAT EVIDENCE THAT SAID BENEFICIARY IS NOT MARRIED BE FURNISHED. BENEFICIARY : EUGEN E P. B IBEAU ITEM NO: 3 TO AVOID DELAYS AT THE TIME OF CLOSING , PLEASE SUBMIT THE ORIGINAL NOTE , DEED OF TRUST AND THE (PROPERLY EXECUTED) REQUEST FOR RECON- VEYANCE , TO THIS OFFICE , AT LEAST ONE WEEK PRIOR TO THE CLOSE OF ESCROW. 4 . A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE AMOUNT SHOWN BELOW, AND ANY OTHER OBLIGATIONS SECURED THEREBY: AMOUNT: $22, 750.00 DATED: MAY 21 , 1984 TRUSTOR: GEORGE M. SCHOFIELD AND BETTY L . SCHOFIELD, HUS- BAND AND WIFE TRUSTEE : TITLE INSURANCE OF CALIFORNIA, A CORPORATION BENEFICIARY: W. JAMES COYNE , AS TO AN UNDIVIDED 17, 250/22 , 750 INTEREST AND LINCOLN TRUST CO. , TRUSTEE FOR ROBERT J . SMITH, AS TO AN UNDIVIDED 5, 500/22 , 750 INTEREST RECORDED: JUNE 21 , 1984, BOOK 1652 , OFFICIAL RECORDS PAGE 363 SERIES No . : 8103242 LOAN NO. : NONE SHOWN TYPE LOAN: NONE SHOWN ADDRESS: 1914 POLK STREET, SA.N FRANCISCO , CALIFORNIA 9 109 yLo @ g f SCHEDULE B PAGE 5 CONTINUED ORDER NO. AL126677 AN •ASSIGNMENT OF THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WHICH NAMES AS ASSIGNEE : 1STTzzNJAppTIONWIDE SAVINGS TRUSTEE FFSOR ROBERT J . M7UU/L�C�S�OEENcICIAL71TEfEST TO AN UNDIVIDED RECORDED: AUGUST 21 , 1985, BOOK J434 , OFFICIAL RECORDS SERIES ADDRESSNO. : HP-92HR9D AVE . , SAN F RANCISCO, CALIFORNIA 94122 TO AVOID DELAYS AT THE TIME OF CLOSING , PLEASE SUBMIT THE ORIGINAL NOTE , DEED OF TRUST AND THE (PROPERLY EXECUTED) REQUEST FOR RECON— VEYANCE , TO THIS OFFICE , AT LEAST ONE WEEK PRIOR TO THE CLOSE OF ESCROW. i I E ' ..3 a '17 Page cONTINUED ORDER NO . AL126677 NOTE NO . 1 : THERE ARE NO CONVEYANCES AFFECTING SAID LAND , RECORDED WITHIN SIX (6) MONTHS OF- THE DATE- OF THIS REPORT. NOTE NO. 2: THE CHARGE FOR A f:FOLICY OF TITLE INSURANCE, WHEN ISSUED THROUGH THIS TITLE ORDER, WILL BE' BASED ON THE BASIC (NOT SHORT-TERM) TITLE INSURANCE RATE. NOTE NO . 3: ON OR AFTER JULY 1 , 1985 , THE COUNTY RECORDER ' S OFFICE WILL CHARGE , IN ADDITION TO THE REGULAR RECORDING CHARGES, AN EXTRA $20. 00 RECORDING FEE , UNLESS A DOCUMENT EVIDENCING A CHANGE OF OWNERSHIP IS ACCOM- PANIED BY A "PRELIMINARY CHANGE OF OWNERSHIP REPORT. " IN LIEU OF SAID REPORT, SIGNED BY THE TRANSFEREE , THE RECORDER WILL NOT CHARGE AN EXTRA FEE IF THE DOCUMENT IS ACCOMPANIED BY AN AFFIDAVIT SIGNED BY THE TRANSFEREE THAT THE TRANSFEREE IS IN FACT NOT A RESIDENT OF CALIFORNIA. OUR TITLE BILLING WILL BE ADJUSTED TO INCLUDE SUCH ADDITIONAL FEES WHEN APPLICABLE . D .T . 12/7/86 RR/LC r 1631 t OFFICE OF COUNTY ASSESSOR.—SANTA CLSAA COUNTY, CALIFOMIIA N This msp is hirnished without liability 8 5b2 C6 as to is a�.ui ::y,and its sole pvrpose is fur Iris co"'P, ie,lce of location of th(: pr"oerty i'I gdeslion CON i NENTAL L AND Tl'I LE TWR9S,R1L 21 t ..• � uaKa+t. ibsa+d g lOc.aa.l tz pT.�.c.! t �(►sa,EJ f 1(3�w,4 9 f ;(nc>i+IrJ tc 1 ti 75.51 AC-TOTAL I U �7U►Ac7 i IbEttAU 11 nj7ACa 2 �puiAt! 7, P \i� r IMAS AGTva I �� , WY.8. 1 ( 7 c� /f ?S.51 AC.TOTAL • ��� 1 i1CtlK { biRAd 7 ��l�iacK 6 i • woPE �rvsu�► I • . I n I 1 x � � I �° REGIONIW I I �� 1 1 O 4 . -- / Z --�--------------t-- -1----------- �f--- -�� 2 OPEN Imilit. 3 �U?ACt 1t3CtZAGTac 9 g- AL��-,;'; 'I/nrsK. ; J2� 3 '9U5A � J� G9•itK) 13 I3PKE DBT i r(1 d Tj if68T6 AC .__ . I 1 ( F W.A. F f AI I. I I .. •i o.r 1 1 R.O.S. f/ RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT - BARGAIN SALE, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRI- ATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF HOWATT ET AL.. ) 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 Purchase Agreement - Bargain Sale between John M. Howatt et al. and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part here- of, 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 any 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 doc uments 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 $5 ,000 to cover the cost of title insur- ance, escrow fees, and other miscellaneous costs related to this transaction. I RESOLUTION NO. 86-74 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT - BARGAIN SALE, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRI- ATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF HOWATT ET AL. ) 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 Purchase Agreement - Bargain Sale between John M. Howatt et al. and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part here- of, 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 any 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 $5 ,000 to cover the cost of title insur- ance, escrow fees, and other miscellaneous costs related to this transaction. PURCHASE AGREEMENT - BARGAIN SALE This Agreement is made and entered into by and between JOHN HOWATT and LOUIS HAAS, hereinafter called. "Seller" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, hereinafter called "District. " WITNESSETH WHEREAS, Seller is the owner of certain real property which has natural beauty, open space and recreational value, and ecological significance, located within an unincorporated area of the County of Santa Clara, and being more particularly described within the body of this Agreement. F WHEREAS, District was formed by voter initiative to solicit and receive conveyances of real property, by purchase, exchange, gift, or bargain purchase for public park, recreation, scenic and open space purposes, WHEREAS, District desires to purchase said property for open space preservation and as part of the ecological and aesthetic resources of the midpeninsula area, and WHEREAS, Seller, out of their desire to promote the public social and economic welfare, and to share the natural and scenic beauty and enjoyment of said property with the citizens of the midpeninsula area, wishes to sell and convey the entirety of said property to District at a purchase price below its fair market value, and District wishes to purchase and receive said property at the advantageous price so offered. Purchase Agreement - Bargain Sale -- Howatt/Haas Page 2 " I NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED as follows: 1. Purchase and Sale. Seller agrees to sell to District, and District agrees to purchase from Seller, Seller's real property located within an unincorporated area of the County of Santa Clara, State of California, containing approximately one hundred sixty (160) acres, more or less, and commonly referred to as Santa Clara County Assessor' s Parcel Nos. 562-05-007 and 562-20-022. Said Property to be 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 improvements attached or affixed thereto. All of said real property and appurtenances hereinafter called the "Subject Property" or the "Property. " 2. Purchase Price. The total purchase price ("Purchase Price" ) for the Property shall be Eighty Thousand and No/100 Dollars ($80, 000. 00) , which shall be paid in cash at the "Closing" as de- fined in Section 3 hereof. 3. Escrow. Promptly upon execution of this Agreement, in accordance with Section 9 herein, an escrow shall be opened with Valley Title Company, 301 South First Street, San Jose, CA 95113 , (408) 292-7150, or other title company acceptable to District (here- inafter "Escrow Holder") through which the purchase and sale of the Property shall be consummated. A fully executed copy of this Agree- ment shall be deposited with Escrow Holder to serve as escrow instruc- tions to Escrow Holder; provided that the parties shall execute such addii:.ional supplementary or customary escrow instructions as the Escrow Holder may reasonably require. This Agreement may be amended or supplemented by explicit additional escrow instructions signed by the parties, but the printed portio n of such escrow instructions shall not supersede any inconsistent provisions contained herein. Purchase Agreement - Bargain Sale -- Howatt/Haas Page 3 Escrow .Holder is 'hereby appointed and instructed to deliver, pur- suant to the terms of this Agreement, the documents and monies to be deposited into the escrow as herein provided, with the following terms and conditio ns to apply to said escrow. (a) The time provided for in the escrow for the close thereof shall be on or before the expiration of thirty (30) days following execution of this Agreement by both Seller and District; provided, however, that the parties may, by written agreement, extend the time for Closing. The term "Closing" as used herein shall be deemed to be the date when Escrow Holder causes the Grant Deed (as defined below) to be recorded in the Office of the County Recorder of Santa Clara County. The final date for Closing, including any written extensions as provided for herein, shall be on or before December 31, .1986 . (b) Seller and District shall, during the escrow period, execute any and all documents and perform any and all acts reason- ably necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agreement. (c) Seller shall deposit into the escrow on or before the Closing an executed and recordable Grant Deed covering the Property. (d) District shall deposit into the escrow, on or before the Closing: (i) The required Certificate of Acceptance for the Grant Deed, duly executed by District and to be dated as of the Closing. (ii) District' s check payable to Escrow Holder in the amount of Eighty Thousand and N01100 Dollars ($80 , 000 .00) . 1 1 Purchase Agreement - Bargain Sale -- Howatt/Haas Page-4 (e) District shall pay„ for the escrow fees , the CLTA Stan- dard. Policy of Title Insurance, if required by District, and all recording costs and fees.. All other costs or expenses not otherwise provided for in this Agreement shall be apportioned or allocated between District and Seller in the manner customary in Santa Clara 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. M Seller shall cause Valley Title Company, or other title company acceptable to District, to be prepared and committed to deliver to District standard coverage CLTA Standard Policy of Title Insurance, dated as of the Closing, insuring District in the amount of $80, 000.00 for the Property showing title to the Property vested in fee simple in District, subject only to: (i) current real real property taxes; (ii) those additional title exceptions appearing on Valley Title Company's Preliminary Title Report No. 198024 as may be acceptable to District. In the event District disapproves of any additional title exceptions and Seller is unable to remove any District disapproved exceptions before the time set PP t e P 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 despositing the same, all monies and documents theretofore delivered to Escrow Molder or; (ii) to close the escrow and con- summate the purchase of the property. Purchase. Agreement - Bargain Sale -- Howatt/Haas Page 5 (g) Escrow Holder shall , when all required funds and instru- ments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled cause the Grant Deed and attendant Certificate of Acceptance to be recorded in the Office of the County Recorder of Santa Clara County. Upon the Closing, Escrow Holder shall cause to be delivered to District the original of the policy of the title insurance if required herein, and to Seller Escrow Holder's check for the full purchase price of the Subject Property (less Seller' s portion of the expenses described in Section 3 (e) ) , and to District or Seller, as the case may be, all other documents or instruments which are to be delivered to them. 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. 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. Lease's 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. Seller further warrants and agrees to hold District free and harmless and to reimburse Dis- trict for any and all costs, liability, loss, damage or expense, including costs for legal services, occasioned by reason of any such Purchase Agreement - Bargain Sale -- Howatt/Haas Page 6 lease or rental agreement of the Property being acquired by District, including but. not limited to claims for relocation benefits and/or payments pursuant to California Government Code Section 7260 et seq. Seller understands and agrees that the provisions of this paragraph shall survive the close of escrow and recordation of any Grant Deed (s) . 6. Seller' s Representations and Warranties. For the purpose of consummating the sale and purchase of the Property 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: 6. 01 Authority. Seller has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder. 6. 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 suf- ficient to convey to District the Subject Property described therein, and are enforceable in accordance with their respective terms and do not. violate any provisions of any agreement to which Seller is a party or by which Seller may be bound or any articles, bylaws. or corporate resolutions of Seller. 6. 03 Good Title. Seller has and at the Closing date shall have good, marketable and indefeasible fee- simple title to the .Sub.ject _ Property; and the -interests therein to be conveyed to District.h.ereunder, . 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 Purchase Agreement - Bargain Sale -- Howatt/Haas Page 7 third party except for the exceptions permitted under the express terms hereof, - and Seller shall forever indemnify and defend District from and against any claims made by any third party which are based upon any inaccuracy in the foregoing representations . 7. Waiver of Statutory Compensation/Bargain Sale. Seller and District understand and agree that Seller may be entitled to receive the fair market value of the Property 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. Further, it is acknowledged by District and Seller , that the purchase price being paid for the Property is less than the Property' s fair market value, and that the difference in price being paid to District and the Property's fair market value is being donated to District as part of this transaction. 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 any corresponding California Government Code Sections. In evidence of such Bargain Sale, District shall execute and submit into escrow Internal Revenue Service Form 8283, as appropriate. 8. Miscellaneous Provisions. P 8 . 01 Choice of Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties. 8. 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 Purchase Agreement - Bargain Sale-- Howatt/Haas Page 8 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 judg- ment 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. r. 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 performance 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 con- tained 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 obliga- tions under this Agreement. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. 8:-04 Rights Cumulative. Each and all of the various rights, powers and remedies of the parties shall be considered to be cumula- tive with and in addition to ahy 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 an rig ht,ght, power or remedy shall neither constitute the excl,usive• electian thereof nor the wa iver of an y other right, power or remedy available to such party. 8.05 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 art i party n connection with this Agreement Purchase Agreement - Bargain Sale -- Howatt/Haas Page 9 shall be in writing and may be delivered by personal service or sent by telegraph ,or cable or sent by registered or certified mail, return receipt requested, with postage thereon fully prepaid. All. such com- munications shall be addressed as follows: Seller: John Howatt Louis Haas 8068 Winery Court San Jose, CA 95135 (408) 274-6481 District: Midpeninsula Regional Open Space District Old Mill Office Center Building C, Suite 135 .201 San Antonio Circle Mountain View, CA 94040 Attn: Herbert Grench, General Manager (415) 949-5500 Copy To: Stanley R. Norton, Esq. 407 Sherman Avenue Palo Alto, CA 94306 (415) 324-1366 If sent by telegraph or cable, a confirmed copy of such telegraphic or cabled notice shall promptly be sent by mail (in the manner pro- vided above) to the addressee. Service of any such communication made only by mail shall be deemed complete on the date of actual deliv- ery as shown by the addressee''s registry or certification receipt or - at the expiration of the. third (3rd) business day after the date of mailing, whichever is earlier in time. Either party hereto may from time to time, by notice in writing served upon the other as aforesaid, designate a different mailing address or a different person to which such notices or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement shall excuse either party from giving oral notice to the other when prompt notification is appro- priate, but any oral notice given shall not satisfy the requirement of written notice as provided in this Section. i J Purchase Agreement - Bargain Sale -- Howatt/Haas Page 10 8. 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 deter- mination of any court of competent jurisdiction, the decision of which is binding upon the parties, the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement. The parties further agree to replace such void or unenforceable provisions which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provisions. 8. 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, effective in the same manner as if the parties had executed one and the same instrument. 8. 08 Waiver. No waiver of any term, provision or condi- tion of this Agreement, whether by conduct or otherwise, in any one- or more instances, shall be deemed to be, or be construed as, .a fur- ther or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement. 8. 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 correspond- ence, conversations, negotiations, agreements or understandings relating to the same subject matter. 8. 10 Time of Essence. Time is of the essence of each pro- vision of this Agreement in which time is an element. i Purchase Agreement - Bargain Sale -- Howatt/Haas Page 11 ,8.11 , Survival of Covenants. All covenants of District or Seller which are expressly intended hereunder to be performed in whole or in part after the Closing, and all representations and warranties by either art to the other, shall party 2 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. 8. 12 Assignment. Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obliga- tions under this Agreement to any third party without the prior written approval of the other party. 8.13 Further Documents and Acts. Each of the parties hereto agrees to execute and deliver such further documents and , perform such other acts as may be reasonably necessary or appro- priate to consummate and carry into effect the transactions described and contemplated under this Agreement. 8. 14 Binding on Successors and Assigns . This Agreement and all of its terms, conditions and covenants are intended to be fully effective and binding, to the extent permitted by law, on the successors and permitted assigns of the parties hereto. 8. 15 Captions. Captions are provided herein for con- venience only and they form no part of this Agreement and are not to serve as a basis for interpretation or construction of this Agree- ment, nor as evidence of the intention of the parties hereto. 8. 16 Pronoun References . In this Agreement, if it be appropriate, the use of the singular shall include the plural, and the plural shall include the singular, and the use of any gender shall include all other genders as appropriate. I Purchase Agreement - Bargain Sale -- Howatt/Haas Page 12 8. 17 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, 9.. Acceptance. Provided that this Agreement is signed by Seller and returned to District on or before. December 12, 1986-, District shall have until December 23, 1986 :to accept and execute this Agreement and during said period this instrument shall constitute an irrevocable offer by Seller to sell and convey the Property to District for the consideration and under the terms and conditions herein set forth. As consideration for the tender of said offer District has paid and Seller acknowledges receipt of the sum of Ten Dollars ($10.00) . Provided that this Agreement is accepted by District, this transaction shall close as soon as practicable in accordance with the terms and conditions set forth herein. Purchase Agreement .- Bargain Sale -- howatt/Haas Page 13 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to .be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof. MIDPENINSULA REGIONAL OPEN SPACE SELLER DISTRICT APPROVED AS TO FORM: Joh owatt -Date: Stanley to ton, District Counsel P ACCE_ T F RECOMMENDATION: Lan ou s Haas I li L. eraig ritton Date: Land Acquisition Manager - -� APPROVED AND `ACCEPTED: President, Board of Directors ATTEST: District Clerk Date: RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT - BARGAIN SALE, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND. ALL OTHER DOCUMENTS NECESSARY OR APPROPRI- ATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF MILLER ET AL.) 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 Purchase Agreement - Bargain Sale between Jeanne E. Miller et al. and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf of the Distrrct. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certificate of Acceptance to any 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.an action. Section Four. The General Manager of the District is authorized insur- ance, to expend up to $5 ,000 to cover the cost of title insur ance, escrow fees, and other miscellaneous costs related to this transaction. RESOLUTION NO. 86-75 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT - BARGAIN SALE, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRI- ATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF MILLER ET AL. ) 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 Purchase Agreement - Bargain Sale between Jeanne E. Miller et al. and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf of the Distirct. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certificate of Acceptance to any 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 $5 ,000 to cover the cost of title insur- ance, escrow fees, and other miscellaneous costs related to this transaction. PURCHASE AGREEMENT - BARGAIN SALE This Agreement is made and entered into by and between JEANNE E. MILLER, PATRICIA T. ATKINSON, RAYMOND T. GALLAGHER, and HALLEY, CORNELL & LYNCH, a Professional Corporation, hereinafter called "Seller" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, hereinafter called "District. " WITNESSETH WHEREAS, Seller is the owner of certain real property which has natural beauty, open space and recreational value, and ecological significance, located within an unincorporated area of the County of Santa Clara, and being more particularly described within the body of this Agreement. F WHEREAS, District was formed by voter initiative to solicit and receive conveyances of real property, by purchase, exchange, gift, or bargain purchase for public park, recreation, scenic and open space purposes, WHEREAS, District desires to purchase said property for open space preservation and as part of the ecological and aesthetic resources of the midpeninsula area, and WHEREAS, Seller, out of their desire to promote the public social and economic welfare, and to share the natural and scenic beauty and enjoyment of said property with the citizens of the midpeninsula area, wishes to sell and convey the entirety of said property to District at a purchase price below its fair market value, and District wishes to purchase and receive said property at the advantageous price so offered. Purchase Agreement - Bargain Sale Page 2 NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED as follows: 1. Purchase and. Sale. Seller agrees to sell to District, and District agrees to purchase from Seller, Seller' s real property located within an unincorporated area of the County of Santa Clara, State of California, containing approximately one hundred and sixty (160) acres, more or less, and co=-nonly referred to as Santa Clara County Assessor' s Parcel No. 562-21-001 and being more particularly described in Preliminary Title Report No. 0540963 , dated November 3, 1986, from Ticor Title Insurance Company, attached hereto as Exhibit "A" and by this reference incorporated herein and made a part hereof. Said Property to be 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 improvements attached or affixed thereto. All of said real property and appurtenances hereinafter called the "Subject Property" or the "Property. " 2. Purchase Price. The total purchase price ("Purchase Price" ) for the Property shall be Eighty 'Thousand and No/100 Dollars ($80, 000. 00) , which shall be paid it cash at the "Closing" as defined in Section 3 hereof. 3. Escrow. Promptly upon ex.eeution of this Agreement, in accordance with Section 9 herein, an escrow shall be opened at Ticor Title Insurance Company, 8010 Wayland Way, Gilroy, CA 95020, (408) 842-5669, or other title company acceptable to District (herein- after "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 addi- tional supplementary or customary escrow instructions as the Escrow Holder may reasonably require. This Agreement may be amended or sup- plemented by explicit additional escrow instructions signed by the Purchase Agreement - Bargain Sale Page 3 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 con- ditions to apply to said escrow: (a) The time provided for in the escrow for the close thereof shall be on or before the expiration of thirty (30) days following execution of this Agreement b Y both Sel ler and Dist rict; provided, however, that the parties may, by written agreement, extend the time for Closing. The term "Closing" as used herein shall be deemed to be the date when Escrow Holder causes the Grant Deed (as defined below) to be recorded in the Office of the County Recorder of Santa Clara County. The final date for Closing, including any written extensions as provided for herein, shall be on or before December 31, 1986. (b) Seller and District shall, during the escrow period, execute any and all, documents and perform any and all acts reason- ably necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agreement. (c) Seller shall deposit into the escrow on or before the Closing an executed and recordable Grant Deed covering the Property as described in said Exhibit "A" . (d) District shall deposit into the escrow, on or before the Closing: (i) The required Certificate of Acceptance for the Grant Deed, duly executed by District and to be dated as of the Closing. (ii) District ' s check payable to Escrow Holder in the amount of Eighty Thousand and No/100 Dollars ($80, 000 .00) . I I F Purchase Agreement - Bargain Sale Page 4 (e) District shall a for the escr Stan- dard y escrow , fees,fees . the CLTA Stan � dard Policy of Title Insurance, if required by District, and all recording costs and fees. All other costs or expenses not otherwise provided for in this Agreement shall be apportioned or allocated between District and Seller in the manner c` ustomary in Santa Clara 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 E escrow procedures. (f) Seller shall cause Ticor Title Insurance Company, or other title company acceptable to District, to be prepared and com- mitted to deliver to District standard coverage CLTA Standard Policy of Title Insurance, dated as of the Closing, insuring District in the amount of $80, 000. 00 for the Property showing title to the Prop- erty vested in fee simple in District, subject only to: W cur- rent real property taxes; (ii) the listed exceptions 2 and 3 as set forth in said Preliminary Title Report attached hereto as Exhibit "A" , (iii) those additional title exceptions as may be acceptable to District. In the event District disapproves of any additional title exceptions and Seller is unable to remove any District dis- approved exceptions before the time set forth for the Closing, District shall have the right either: M 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 Dis- trict' s direction, return to the parties depositing the same, all monies and documents theretofore delivered to Escrow Holder or; (ii) to close the escrow and consummate the purchase of the Property. Purchase Agreement - Bargain Sale Page 5 (g) Escrow Holder shall when all required fun ds and i nstru - meats have been deposited into the escrow b the appropriate Ypasties and when all other conditions to Closing have been fulfilled cause the Grant Deed and attendant Certificate tificate of Acceptance to be recorded in the Office of the County Recorder of Santa Clara County. Upon the Closing, Escrow Holder shall cause to be delivered to District the original of the policy of the title insurance if required herein, and E to Seller Escrow Holder' s check for the full purchase price of the Subject Property (less Seller' s portion of the expenses described in Section 3 (e) ) , and to District or Seller, as the case may be, all other documents or instruments which are to be delivered to them. 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. 4. Rights and Liabilities of the Parties in the Event of r 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 . 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. Seller further warrants and agrees to hold District free and harmless and to reimburse Dis- trict for any and all costs, liability, loss, damage or expense, including costs for legal services , occasioned by reason of any such Purchase Agreement - Bargain Sale Page 6 lease or rental agreement ,of the Property being acquired by District, including but not limited to claims for relocation benefits and/or payments pursuant to California Government Code Section 7260 et -sea--- Seller understands and agrees that the provisions of this paragraph shall survive the close of escrow and recordation of any Grant Deed(s) . 6. Seller' s Representations and Warranties. For the purpose of consummating the. sale and purchase of the Property 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: 6. 01 Authority. Seller has the full, right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder. 6. 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 suf- ficient to convey to District the Subject Property described therein, and are enforceable in accordance with. their respective terms and do not violate any provisions of any agreement to which Seller is a party or by which Seller may be bound or any articles, bylaws or corporate resolutions of Seller. 6. 03 Good Title. Seller has and at the Closing date shall have good, marketable and indefeasible fee simple title to the Subject Property, and the interests therein to be conveyed to District hereunder, free and clear of all liens and encumbrances of any type whatsoever and free and clear of any recorded or unrecorded option rights or purchase rights or any other right, title or interest held by any Purchase Agreement - Bargain Sale Page 7 third party except for the exceptions permitted under the express terms hereof, and Seller shall forever indemnify and defend District from and against any claims made by any third party which are based upon any inaccuracy in the foregoing representations. 7. Waiver of Statutory Compensation/Bargain Sale. . Seller and District understand and agree that Seller may be entitled to receive the fair market value of the Property described in Exhibit "A" , as provided for by the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646) and California Government Code Section 7267 , and following. Further, it is acknowl- edged by District and Seller that the purchase price being paid for the Property is less than the Property' s fair market value, and that the difference in price being paid to District and the Property' s fair market value is being donated to District as part of this trans- action. 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 any cor- responding California Government Code Sections. In evidence of such Bargain Sale, District shall execute and submit into escrow Internal Revenue Service Form 8283 , as appropriate. 8 . Miscellaneous Provisions. 8 . 01 Choice of Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties. 8. 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 I Purchase Agreement - Bargain Sale Page 8 in such. action of 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 judg- ment 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. 8. 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 performance 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 con- tained 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 obliga- tions under this Agreement. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. 8. 04 Rights Cumulative. Each and all of the various rights, powers and remedies of the parties shall be considered to be cumula- tive 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 -�_xcl,usive.: election thereof nor the waiver of any other right, power or remedy available to such party. 8 .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 Purchase Agreement - Bargain Sale page 9 shall be in writing and may be delivered by personal service or sent by telegraph or cable or sent by registered or certified mail, return receipt requested, with postage thereon fully prepaid. All such com- munications shall be addressed as follows: Seller: Jeanne E. Miller Patricia A. Atkinson Raymond T. Gallagher Halley, Cornell & Lynch c/o Halley, Cornell & Lynch 50 California Street San Francisco, CA 94111 (415) 981-7700 District: Midpeninsula Regional Open Space District Old Mill Office Center Building C, Suite 135 201 San Antonio Circle Mountain View, CA 94040 Attn: Herbert Grench, General Manager (415) 949-5500 Copy To: Stanley R. Norton, Esq. 407 Sherman Avenue Palo Alto, CA 94306 (415) 324-1366 If sent by telegraph or cable, a confirmed copy of such telegraphic or cabled notice shall promptly be sent by mail (in the manner pro- vided above) to the addressee. Service of any such communication made only by mail shall be deemed complete on the date of actual deliv- ery as shown by the addressee' s registry or certification receipt or - at the expiration of the third (3rd) business day after the date of mailing, whichever is earlier in time. Either party hereto may from time to time, by notice in writing served upon the other as aforesaid, designate a different mailing address or a different person to which such notices or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement shall excuse either party from giving oral notice to the other when prompt notification is appro- priate, but any oral notice given shall not satisfy the requirement of written notice as provided in this Section. Purchase Agreement - Bargain Sale Page 10 8. 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 deter- mination of any court of competent jurisdiction, the decision of which is binding upon the parties, the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement. The parties further agree to replace such void or unenforceable provisions which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provisions. 8. 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, effective in the same manner as if the parties had executed one and the same instrument. 8. 08 Waiver. No waiver of any term, provision or condi- tion of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as , .a fur- ther or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement. 8. 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 correspond- ence, conversations, negotiations, agreements or understandings relating to the same subject matter. 8. 10 Time of Essence. Time is of the essence of each pro- vision of this Agreement in which time is an element. x 4 1 Purchase Agreement - Bargain Sale Page 11 8. 11jSurvival of Covenants. All covenants of District or Seller which .are expressly intended hereunder to be performed in whole or in part after the Closing, and all representations and warranties by either party to the other, shall survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs, successors and permitted assigns. I 8.. 12 ; Assignment. Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obliga- tions under this Agreement to any third party without the prior written approval of the other party. 8. 13 Further Documents and Acts. Each of the parties hereto agrees to execute and deliver such further documents and perform such other acts as may be reasonably necessary or appro- priate to consummate and carry into effect the transactions described and contemplated under this Agreement. 8. 14 Binding on Successors and Assigns . This Agreement and all of its terms , conditions and covenants are intended to be fully effective and binding, to the extent permitted by law, on the successors and permitted assigns of the parties hereto. $. 15 Captions , Captions are provided herein for con- venience only and they form no part of this Agreement and are not to serve as a basis for interpretation or construction of this Agree- ment, nor as evidence of the intention of the parties hereto. 8 . 16 Pronoun References . In this Agreement, if it be appropriate, the use of the singular shall include the plural, and the plural shall include the singular, and nd the use of any gender er shall include all other genders as appropriate. Purchase Agreement - Bargain Sale Page 12 9 � 8. 17 Broker' s Commission. District shall not be respon- sible for any. real estate commission or other related costs or fees in this transaction. 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 proceed- ings. 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. 9. Acceptance. Provided that this Agreement is signed by Seller and returned to District on or before. December 8 , 1986-, District shall have until December 23, 1986 to accept and execute this Agreement and during said period this instrument shall constitute an irrevocable offer by Seller to sell and convey the Property to District for the consideration and under the terms and conditions herein set forth. As consideration for the tender of said offer District has paid and Seller acknowledges receipt of the sum of Ten Dollars ($10.00) . Provided that this Agreement is accepted by District, this transaction shall close as soon as practicable in accordance with the terms and conditions set forth herein. Purchase Agreement '- Bargain '.Sale Page 13 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers to be effective as of the date -of final -execution by District in accordance with the terms hereof. MIDPENINSULA REGIONAL OPEN SPACE SELLER DISTRICT APPROVED AS TO FOR1,1: J anne E. Miller A Date: /� SOanle;f* ton, District Counsel ACCEPTF F,O RECOM.IENDATION: t ' inn Patricia T. Atkinson Date: L. Craig B �itton Land Acquisition Manager APPROVED AND ACCEPTED: ` P.ay-m nd '. al gh r Date: President, Board of Directors Halley, Cornell & Lynch, A Prof 'onal Corpor ion ATTEST: By: Date: District Cl erk Date: PRELIMINARY"REPORT 8010 Wayland Lane Your Ref : 562-21-001 Gilroy, CA 95020 , CA ( 403 ) z342-5669 November' 24 , 1986 Our No: 0540963 0000 Douglas S. Neilson Your No: Real Estate Broker 7845 Monterey Street Gilroy, CA 95020 Atcn: in response to the above referenced application for a Policy of Title Insurance,* -TICOR TITLE INSURANCE COMPANY OF CALIFORNIA hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth , insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules , Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth on the attached cover . Copies of the Policy forms should be read. They are available from the office which issued this report. This report (and any supplements or a;,endments thereto) is issued solely for the purpose of facilitating the issuance of a Policy of Title Insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a Policy of Title Insurance, a Binder or Commitment should be requested . Dated as of November 3, 1986 at 7: 30 a.m. Bob Kirk Title Cfficer Sharon E. LaFountain Escrow Officer The estate or interest in the land hereinafter described or referred to covered b this is Report is P a fee . Title to said estate or interest at the date hereof is vested in : Jeanne E. Miller, Patricia T. Atkinson, and Raymond T. Gallagher, each as to an undivided 3/10 interest and Halley, Cornell E Lynch, y A Professional Y Corporation, an undivi ded 1/10 (One- tenth inter est EXH 1131 1 Page , Ticor Title Insurance Company of California TICOR TITLE INSUN,,NClec APPLICATION NUMBER : 0540963 0000 At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions contained in said Policy For would be as :ollovs:, A. GENERAL AND SPECIAL .TAXES Al D ASSESSMENTS, IF ANY, FOP . TF?E - FISCAL YEAR 1986-1987 : Assessment No. : 562-21-001 Code No. : 72-007 First installment : $347.78 Due and payable Second installment : $347.78 Payable Eut not Assessed valuation of yet due Personal property : None B. Supplemental taxes for the fiscal year 1986-87 assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California . Assessors Parcel No. : 562-21-001-41 First Installment : $44 .23 Paid Second Installment : $44 . 23 Delinquent penalty $ 4 .42 + cost $ 10 .00 Delinquent Date : 10/31186 C. Supplemental taxes for the fiscal year 1986-87 assessed Pursuant to the provisions of Chapter 3.5 (commenci-ng with Section 75) of the Revenue and Taxation Cade of the State of California. Assessors Parcel No. : 562-21-001-42 First Installment : $60.84 Paid Second Installment : $60 .84 Delinquent penalty $ 6 .08 + cost $ 10 .00 Delinquent Date 10/31/86 D. The lien of supplemental taxes, if any, assessed pursuant to the Provisions of Chapter 3. 5, (commencing with Section 75) of the Revenue and Taxation Code of the State of California . 2 . Easements for any existing roads, both public and private. .kp on 3. AN ZASE.IIENT affecting a portion of said land, the exact location -2- E`H1131 ' Ticor Title Insurance Company of California Page TIC®R TITLE INSM, J C APPLICATION- NUMBER : . 0540963 0000 thereof cannot be ascertained of record , and for the purposes stated herein, and incidental purposes, In flavor of :, Raymond J. Gallagher, Henry-R. Miller and Nancy L. Branigan For. The Pacific Telephone and Telegraph Company, A Corporation Recorded July 6, 1960 In Book 4846 Page 310 Official Records 4 . Other matters of record which do not describe said land, but which , if any exist, may affect the title. The necessary search and examination will be completed when a Statement of Information has teen received from Jeanne E. - Miller. _3! EXHIBIT PageTicor Title Insurance Company of California Ca. D TICOR TITLE INSURP..jC6 APPLICATION gUHBER : 0540953 0000 NOTES : . NOTE 1' TITL OF THE YESTEE HEREIN was acquired by deed recorded Prior to six months from the date hereof . h0Ta 2 Effective March 1 , 19?9 there vi11 be an additional S10.00 fee for recording a Deed with a Legal Description other than an entire lot in a recorded final map. If there are any questions, please call Your Escrow Office r or Tit le Officer. NOTE: 3 Senate Bill 1550 (Chapter 1004 , Statutes of 1984 ) is effective January 1 , 1985. This law mandates all funds be collected and available for withdrawal prior to disbursement. Delays in closing will occur if funding is by other than bank wire, cashiers check or similar items drawn on a California Bank . Drafts and checks drawn on out-of-state financial institutions may require separate collection or a minimum statutory period for bank clearinghouse processing in lieu of notice that a particular item has been paid. NOTE 4 : On or after July 1 , 1985, the County Recorder's Office will charge , in addition to the regular recording charges, an extra $20.00 recording fee, unless a document evidencing a change of ownership is accompanied by a Preliminary Change of Ownership report. In lieu of said report, signed by the transferee, the racorder will accept an r affidavit that the transferee is not a resident of California . Title billings will be adjusted to reflect such additional fees when aP,nlicable. Yet/an lid-oty -4- EISIT Ticor Title Insurance Company of California Pa se of APPLICATION- NUMBER : - 0540963 0000 SCHEDULE C The land referred to herein is described as follows: All that certain real property in the County of Santa C'lara , State of California, described as follows: The Southwest one-quarter of Section 21 , Township o South, Range 1 , East, "fount Diablo Base and Meridian , containing 160 acres of land, more or less, acord'ing to the official plat of the survey of said lands an file in the office of the Bureau of Land Management, approved October 10 , 1883. -5- EXHmrr Ticor Title Insurance Company of California Page �Dl Printed Policy Exceptions and Exclusions AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY--1979 EXCLUSIONS In addition to the Exceptions in Schedule B, you are not 3 Title Risks: insured against loss,costs, attorneys' fees and expenses result- " that are created,allowed or agreed to by you ing from: " that are known to you, but not to us,on the Policy Date- 1 Governmental police power,and the existence or violation unless they appeared in the public records of any law or government regulation. This includes building • that result in no loss to you and zoning ordinances and also laws and regulations con- _, cerning: ■ that first affect your title after the Policy Date—this does not limit the labor and material lien. " land use coverage in Item 8 of Covered Title Risks " improvements on the land " 4 Failure to pay value for your title. land division _ " environmental protection 5 Lack of a right: This exclusion does not limit the zoning coverage described " to any land outside the area specifically described and in Items 12 and 13 of Covered Title Risks. referred to in Item 3 of Schedule A,or 2 The right to take the land by condemning it, unless a no- " in streets,alleys or waterways that touch your land tice of taking appears in the public records on the Policy This exclusion does not limit the access coverage in Item 5 Date. of Covered Title Risks. .. _._ SCHEDULE S—STANDARD EXCEPTIONS (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 does not limit the lien coverage in Item 8 of the 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 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. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 WITH ALTA 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 prohibiting a separation in ownership or a reduction in the dimensions 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 he, as to any statutory lien for-labor or material or to the extent insurance is afforded herein as to asses ts for street improvements under construction or completed at Date of Policy). HISIT s en 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Polp fan bse7_ er Br of the indebtedness to comply with applicable "doing business" laws of the state in which the land is s� a gd._ '7 " (Exceptions and.Exclusions Continued on Reverse Side) 4, • }ytQ� • ( OFFICE OF COUNTY ASSESSOR•••SANTA CLARA COUMI`F, CAUFORNIA •51 � �' 000 K ►AG C a 5G2 21 1 : { I n:s Is-.ct a 5c!vcy of tna 13.%l but is cornnuoe Ict cIIC.:"Wl",n trcM.CIL•C Sh0W'l by-"a c'Gct1 •: t 22 O rvcorcz by T;cor M. 1.sura•^. o Co:;pang. P- 25 23 y :'7 SFaFc taa.c (aulw r(att„ifJ 3 t(.tR FQ 2 tPt 7150 7 th.10 Ar-TCrAL •'i ' '. ' 1s1.10 At.TOTALI ' I I (41 :0-14 i 1(•t9a Ad 7 It 16aK (autxd IZ 1(41.16c0 U Z� utuS JO-------KiLlJap t S, IWO At.nrLL � 193.10 Ac.TOTAL F :•` (acwaV 13 i(+a»FS1 34 i(anW is igm— Q`a"iwrRsvcwxe+u*�art�fs�.,S a ' QFLZTN[F>z•YAKJr IJ�is , i'AttfnCD C GtRLSO•Y�AwT+1.6A1 a - r Printed Policy Exceptions and Exclusions (Continued) CALIFORNIA 1 TITLE ASSOCIATION STANDARD 'ERAGE POLICY-1973 (Amended 12-6-85 and 2-20-L SCHEDULE 8 PART I 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: _ 1. Taxes or*assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether r 9 o not s the records how eco s of such agency or by the public records. n by 2. Any facts,rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the,issuance thereof;(c)water rights, claims or title to water, whether or not the matters excepted under(a), (b), or(c) are shown by the public records. 6. Any right,title, interest,estate or easement inland beyond the lines of the area specifically described or referred to in Schedule C. or in abutting streets,roads,avenues,alleys,lanes,ways or waterways,but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. 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 prohibiting a separation in ownership or a change in the dimensionsor area of the land or any parcel of which the land is or was a part,whether or not shown by the public records at Date of Policy,or the effect of any violation of any such law,ordinance or governmental regulation,whether or not shown by the public records at Date of Policy. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens,encumbrances,adverse claims,or other matters(a)whether or not shown by the public records at Date of Policy,but created, caused, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage 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; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. 10. Any facts,rights,interest or claims which are not shown by the public records but which could be ascertained by making inquiry of the lessors in the lease or leases described or referred to in Schedule A. 11. The effect of any failure to comply with the terms, covenants and conditions of the lease or leases described or referred to in Schedule A. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970 (AP.",ENDED 10-17-70) - SCHEDULE OF EXCLUSIOPJS 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 loca- tion 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 e insured claimant; (b) not known to the Company and not shown by the public records but kn r. Z� not dis ed cl nt e" r at Date of Policy or at the date such claimant acquired an estate or interest by this policy an drs. by the insured claimant to the Company prior to the date such insured claimant became zi ered h ur �( esu_jlting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date o ol• lsu� or damage which would not have been sustained if the insuredclaimant h 'had t I� this polrcpaid value for the estate or interest insured by Y Pr incitl«l Office 63001A1ilsh,re Boulevard. P.O. _ Sox 92792, Los Anieles,California 90009 R-86-125 (Meeting 86-30 AW December 22, 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT December ll;. 1986 TO: Board of Directors FROM: H. Grench, General Manager PREPARATION AND RESPONSIBILITY: C. Britton, Land Acquisition Manager; D. Hansen, Land Manager; M. Gundert, Associate Open Space Planner SUBJECT: Proposed Jamison Property Addition to the Mt. Umunhum Area of the Sierra Azul Open Space Preserve Recommendation: I recommend that you adopt the accompanying Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement - Bargain Sale, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of Jamison) . I further recommend that you tentatively adopt the Interim Use and Manage- ment Plan recommendations contained in this report, including naming the property as an addition to the Sierra Azul Open Space Preserve - Mt. Umunhum Area, and indicate your intention to withhold the property from dedication at this time. Introduction: The Midpeninsula Regional Open Space District currently has the opportunity to purchase 40 acres of land located within unincorporated Santa Clara County, northeast of the summit of Mt. Umunhum. If acquired, the property would become an addition to the Sierra Azul Open Space Preserve - Mt. Umunhum Area. A. Description of the Site 1. Size, Location and Boundaries The 40. 0 acre property is located south of the City of San Jose and southeast of the Town of Los Gatos. The District' s Mt. Umunhum Area borders the property to the west, and private property adjoins the remaining three sides. The portion of Mt. Umunhum Area sur- rounding Bald Mountain is located one-quarter mile south of the subject parcel. original boundaries of the Pueblo Lands of San Jose touch the northeastern corner of the property. The property is within the District' s Sphere of Influence but out- side the formal boundary of the District. R-86-125 PF.ge two 2. Topography, Geology and Natural Landscape The steep north-facing slopes of this property range in elevation from 1960 feet at the southern border of the property to 1440 feet at the northern border. The property is located within the Guadalupe Creek watershed. Soils are of the Los Gatos-Maymen Association, developed on hard sandstone and shales. Vegetation on the north-facing slopes is characteristic of the upland areas surrounding the Mt. Umunhum Area. Brushy chaparral species predominate, including chamise, manzanita, coffeeberry, poison oak, toyon, and ceanothus, along with scrub oak, canyon live oak and knobcone pine. B. Planning Considerations The property falls within an unincorporated area of the County of Santa Clara. The parcel is zoned Hillside which requires 20 to 160 acres per dwelling unit based on a slope density formula. Open space use of this land is in conformance with the County General Plan. The property is located outside the District boundaries but within the District' s Sphere of Influence. It has not received a rating on the District' s Master Plan since the Sphere of Influence outside the boundaries has yet to be incorporated into this Plan. C. Current Use and Development The property is undeveloped with regards to structures. Mt. Umunhum Road cuts through the southeastern corner of the property. Approx- imately 800 feet of the paved road is located on the property. D. Potential Use and Development Site planning for this property would be accomplished in conjunction with planning efforts for other District properties comprising the Sierra Azul Open Space Preserve. Since this preserve consists of many non-contiguous parcels and presently has inadequate public-access, to most of them, the Preserve remains low on the District's Relative Site Emphasis Plan, a plan that serves as a guideline for determining the level of planning and development for all District preserves. Until such time as the Sierra Azul Open Space Preserve becomes more suited for public recreation, i.e. , connecting trails and areas suit- able for parking, public access will not be encouraged, but the land will remain open to those who can gain access without trespassing. E. Interim Use and Management Recommendations The property boundaries will be signed as appropriate. The cost is estimated at $25 . R-86-125 Page three F. Dedication The property should be withheld from dedication as open space at this time to remain consistent with other District land holdings in the immediate area. This will allow for flexibility in designating the ultimate boundaries of the Open Space Preserve. G. Name The property should be named as an addition to the Sierra Azul Open Space Preserve - Mt. Umunhum Area. H. Terms The attached Purchase Agreement provides for the payment of $85 ,600 ($2, 140 per acre) in cash at close of escrow. Escrow is to close on or before December 31, 1986. Since the New Land Purchases budget amounts have been spent, funding for this acquisition (as well as other recent ones) will come essen- tially from monies which would have been set aside at the end of the current fiscal year for the first half of the 1987-88 fiscal year before substantial revenue for the new fiscal year is to be received. Acquisition funds would, however, be replenished with the proposed 1987 note issue (see report R-86-129 of December 15, 1986) . ���6 �v �'-_ ��1t `~��''� �_'" "'" �4� 1 •?u°°�f�_'� �� �� O�� ����/ ,«��,a�` ` ,�)` ;��•' �fI"� 0.., !'4i, 6t v:_ ,1`l� ,\/ i � � �l7i+t f� ((1 tt yy� ��CC/r,r i,:,t. 1 r�.,-�.1�� �JJ Kt� +r•' 1 l3 y. ;%::=...'-•.l r» Sf .if= •�. ♦� ! �� .J . O.^ �_ �; '�r���_ -�``/ �• _...;. It � t�l+ ..J{1 y..,�il, ,�iJti, .i �; �� .:lt �. ;�- .,�� � `' f \! :\\ `� .v/..�,`�'� �-� .�-�J '� ✓I�`a.� P` '1{til}1 '��:;/f�t'. Y,,,J1t f� ..�.L ../.-...rr,-.r.J -_ Y i�• <:.�lr •,l . � p � I ` ;;.: ��� � J C_ � f' �iZ�.�`�'. �.. 11 �.k •�iiT �'a-�•��tF�r',.1.�t�1n ,f`. :✓r•..�';':l•���°v. 11. ..Y�/ /ii"I` _� /.. .� � Js_����• ) �� \� �'l �.� � :�.' ��4.;e��+�.•-` �i,��`��,•- ,����,o�'in,. a S r{��� fir. o�I _ t ( -_-t�i� r,•- �� l I �j (/1J� ME W-1-751 41 �.!/ � � � �rJl:�� 1�•:�i�..s.�)f r i'0 � J °: O! i •. �.- r.�1. a� C� \ PROPOSED AC UI S I T ',�/�/'r�1 _�\\���� �\- 1�/°`,"- Yi ifi Sslq r��`l-_�,.;y,:,�r,,, ft l,,�.r l'•:l iF%l.i,r;.��tt ty1�y�, ,.,..t.:t,;�,P,�x3'�-�?/fi�t'�yll�'r..<!.����,+-�� �.�,��,1s!.)w'",hr•_l�.;, I�I�` �__.f�l`��) r� _ -- �� * x ",� I„OYN'��— oo 40 ACRES) J 24 10 NN I � a v� i1 i �� 4,,`,L?�". "-'�'1 1�� �t5.�p� �:r}� r•'s " r.� �r. .�_, � � a:' ;` ;v� -/ i �,:���� II o � Mt Um \ - ?.... (unhumRoad 3 ! ��,��� � ., .� •em�s� � ,�` �� ��_ ,, C� �,-�`.,1�`E.`°-i ...t ii�fi3 �•-z-•-%�_`'`\tit/ � r �•:, � :�. %'., 1� � �`r�� .. � �i & x '�� � y/�' F fir,^•~.� r-�� - �� _ �1 � lit J,?. �\ F� �,�.1 ��-:p ', ., ti 0r�'fi}b��{ ��` r u �`_-^✓", �' � K"��y Y+°'f"` J'rra� 4r�.t {�.., �� � 'h .. \( \.. 'L44 ' _ ,�, - 00 °+. ,s,, r!,�'�i-•.- f-- } �� O` RC(!^i.�D�t�f,i4�Y..rf�y' S� 'd. �.�jlt{t�\i' S �!—,� �Y���� r/ ✓' f`. ...�,m.,L... t \_ �� Y>{44yy.-,N.�:�' � •_�'.-�.,.�5 —=J •!^_. "i ,� }� i�'� - cry ;�. , _ �l �, �� �� � ,. _-=J - it 1�� ! �����- '1 ��ppp /�' �.��— t"�\ ..�'•I��..��� "..` �.��i��il�l�.'�� ��I / I�! u ��r�� AZUL OPEN SPACE PRESERVE MT. UMUNHUM AREA 146"� � �`'- �� N1. � SCALE 1" = 2000' NORTH RESOLUTION NO. 86-76 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT - BARGAIN SALE, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRI- ATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF JAMISON) 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 Purchase Agreement - Bargain Sale between Joan Lee Jamison and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, 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 any 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 $1,000 to cover the cost of title insur- ance, escrow fees, and other miscellaneous costs related to this transaction. PURCHASE AGREEMENT - BARGAIN SALE This Agreement is made and entered into by and between JOAN LEE JAMISON, hereinafter called "Seller" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, hereinafter called "District. " WITNESSETH WHEREAS, Seller is the owner of certain real property which has natural beauty, open space and recreational value, and ecological significance, located within an unincorporated area of the County of Santa Clara, and being more particularly described within the body of this Agreement. C WHEREAS, District was formed by voter initiative to solicit and receive conveyances of real property, by purchase, exchange, gift, or bargain purchase for public park, recreation, scenic and open space purposes, WHEREAS, District desires to purchase said property for open space preservation and as part of th6 ecological and aesthetic resources of the midpeninsula area, and WHEREAS, Seller, out of their desire to promote the public social and economic welfare, and to share the natural and scenic beauty and enjoyment of said property with the citizens of the midpeninsula area, wishes to sell and convey the entirety of said property to District at a purchase price below its fair market value, and District wishes to purchase and receive said property at the advantageous price so offered. Purchase Agreement - Bargain Sale -- Jamison Page 2 I NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED as follows: 1. Purchase and Sale. Seller agrees to sell to District, and District agrees to purchase from Seller, Seller's real property located within an unincorporated area of the County of Santa Clara, State of California, containing approximately forty (40) acres, more- or less , and commonly referred to as Santa Clara County Asses- sor' s Parcel No. 562-22-033 and being more particularly described as Parcel 2 in Preliminary Title Report No. 101678, dated January 7 , 1986, from First American Title Guaranty Company, attached hereto as Exhibit "A" and by this reference incorporated herein and made a part hereof. Said Property to be conveyed together with any ease- ments, rights of way, or rights of use which may be appurtenant or attributable to the aforesaid lands, and any and all improvements attached or affixed thereto. All of said real property and appur- tenances hereinafter called the "Subject Property" or the "Property. " 2. Purchase Price. The total purchase price ("Purchase Price") for the Property shall be Eighty-Five Thousand Six Hundred and No/100 Dollars ($85, 600 . 00) , which shall be paid in cash at the Closing as defined in Section 3 hereof. 3. Escrow. Promptly upon execution of this Agreement, in accordance with Section 9 herein, an escrow shall be opened at First American Title Guaranty Company, 675 North First Street, San Jose, CA 95112, (408) 286-6353 , or other title company acceptable to District and Seller (hereinafter "Escrow Holder") through which the purchase and sale of the Property shall be consummated. A fully executed copy of this Agreement shall be deposited with Escrow Holder to serve as escrow instructions to Escrow Holder; provided that the parties shall execute such additional supplementary or customary escrow instructions as the Escrow Holder may reasonably require. This Agreement may be amended or supplemented by explicit additional escrow instructions signed by the parties , but the printed portion Purchase Agreement - Bargain Sale -- Jamison Page 3 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, i the documents and monies e 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 the expiration of thirty ;(30) days following execution of this Agreement by both Seller and District; provided, however, that the parties may, by written agreement, extend the tire 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 Santa Clara County. The final date for Closing, including any written extensions as provided for herein, shall be on or before December 31, 1986 . t (b) Seller and District shall, during the escrow period, execute any and all documents and perform any and all acts reason- ably necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agreement. (c) Seller shall deposit into the escrow on or before the Closing an executed and recordable Grant Deed in a form acceptable to District. (d) District shall deposit into the escrow, on or before the Closing: (i) The required Certificate of Acceptance for the Grant Deed, duly executed by District and to be dated as of the Closing. (ii) District' s check payable to Escrow Holder in the amount of Eighty-Five Thousand Six Hundred and No/100 Dollars ($65,600.00) . Purchase Agreement - Bargain Sale -- Jamison Page 4 (e) Seller shall pay for the escrow fees, the CLTA Stan- dard Policy of Title Insurance, if required by District, and all recording costs and fees. All other costs or expenses not otherwise provided for in this Agreement shall be apportioned or allocated between District and Seller in the manner customary in Santa Clara' County. All current property taxes on the Property shall be pro- rated through escrow between District and Seller as of the Closing based upon the latest available tax information using the customary escrow procedures. (f) Seller shall cause First American Title Guaranty Com- pany, or other title company acceptable to District and Seller, to be prepared and committed to deliver to District standard coverage CLTA Policy of Title Insurance, dated as of the Closing, insuring District in the amount of $85 ,600. 00 for the Property showing title to the Property vested in fee simple in District, sub- ject only to: (i) current real property taxes; (ii) the listed exceptions 3,. 6, 7 and 8 as set forth in said Preliminary Title Report attached hereto as Exhibit "A" , (iii) those additional title excep- tions as may be acceptable to District. In the event District dis- approves of any additional title exceptions before the time set forth for the Closing, District shall have the right either: (i) to ter- minate 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 theretofore delivered to Escrow Holder or; (ii) to close the escrow and con- summate the purchase of the Property. (g) Escrow Holder shall, when all required funds and instru- ments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled, cause Purchase Agreement - Bargain Sale -- Jamison Page 5 the Grant Deed and attendant Certificate of Acceptance to be recorded in the Office of the County Recorder of Santa Clara County. Upon the Closing, Escrow Holder shall cause to be delivered to District the original of the policy of the title insurance if required herein, and to Seller Escrow Holder's check for the full purchase price of the Subject Property (less Seller's portion of the expenses described in Section 3 (e) ) , and to District or Seller, as the case may be, all other documents or instruments which are to be delivered to them. 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. j 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. 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. Seller further warrants and agrees to hold District free and harmless and to reimburse Dis- trict for any and all costs, liability, loss, damage or expense, including costs for legal services, occasioned by reason of any such I Purchase Agreement - Bargain Sale -- Jamison Page. 6 lease or rental agreement of the Property being acquired by District, including but not limited to claims for relocation benefits and/or payments pursuant to California Government Code Section 7260 et seg. Seller understands and agrees that the provisions of this paragraph shall survive the close of escrow and recordation of any Grant Deed (s) . 6. Seller's Representations and Warranties. For the purpose of consummating the sale and purchase of the Property 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: 6. 01 Authority. Seller has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder, . 6. 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 suf- ficient to convey to District the Subject Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which Seller is a party or by which Seller may be bound or any articles, bylaws or corporate resolutions of Seller. 6. 03 Good Title. Seller has and at the Closing date shall have good, marketable and indefeasible fee simple title to the Subject Property, and the -interests therein to be conveyed to District hereunder, free and clear of all liens and encumbrances of any type whatsoever and free and clear of any recorded or unrecorded option rights or purchase rights or any other right, title or interest held by any Purchase Agreement Bargain Sale Jamison Page 7 third party except for the exceptions permitted under the express terms hereof, and Seller shall forever indemnify and defend District from and against any claims made by any third party which are based upon any inaccuracy in the foregoing representations. 7. Waiver of Statutory Compensation/Bargain Sale. . Seller and District understand and agree that Seller may be entitled to receive the fair market value of the Property described in Exhibit "A" , as provided for by the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646) and California Government Code Section 7267 , and following. Further, it is acknowl- edged by District and Seller that the purchase price being paid for the Property is less than the Property' s fair market value, and that the difference in price being paid to District and the Property' s fair market value is being donated to District as part of this trans- action. Seller hereby waives any and all existing and/or future rights she may have to the fair market value of said Property, appraisals, etc. , as provided for by said Federal Law and any cor- responding California Government Code Sections. In evidence of such Bargain Sale, District shall execute and submit into escrow Internal . Revenue Service Form 8283, as appropriate. 8. Miscellaneous Provisions. 8 . 01 Choice of Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties. 8. 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 Purchase Agreement - Bargain Sale -- Jamison page 8 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 judg- ment 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.- 9.03 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 performance 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 con- tained 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 obliga- tions under this Agreement. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. 8.-04 Rights Cumulative. Each and all of the various rights, powers and remedies of the parties shall be considered to be cumula- tive with and in addition to ahy 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 exclusive: election thereof nor the waiver of any other right, power or remedy available to such party. 8.05 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 Purchase Agreement - Bargain Sale -- Jamison Page 9 shall be in writing and may be delivered by personal service or sent by telegraph or cable or sent by registered or certified mail, return receipt requested, with postage thereon fully prepaid. All such com- munications shall be addressed as follows: Seller: Joan Lee Jamison 4434 Chaboya Road San Jose, CA 95148 (408) 274-2043 District: Midpeninsula Regional Open Space District Old Mill Office Center Building C, Suite 135 201 San Antonio Circle Mountain View, CA 94040 Attn: Herbert Grench, General Manager (415) 949-5500 Copy To: Stanley R. Norton, Esq. 407 Sherman Avenue Palo Alto, CA 94306 (415) 324-1366 If sent by telegraph or cable, a confirmed copy of such telegraphic or cabled notice shall promptly be sent by mail (in the manner pro- vided above) to the addressee. Service of any such communication made only by mail shall be deemed complete on the date of actual deliv- ery as shown by the addressee"s registry or certification receipt or at the expiration of the third (3rd) business day after the.date of mailing, whichever is earlier in time. Either party hereto may from time to time, by notice in writing served upon the other as aforesaid, designate a different mailing address or a different person to which such notices or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement shall excuse either party from giving oral notice to the other when prompt notification is appro- priate, but any oral notice given shall not satisfy the requirement of written notice as provided in this Section. Purchase Agreement - Bargain Sale - Jamison Page 10 8. 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 deter- mination of any court of competent jurisdiction, the decision of which is binding upon the parties, the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement. The parties further agree to replace such void or unenforceable provisions which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provisions. 8. 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, effective in the same manner as if the parties had executed one and the same instrument. 8. 08 Waiver. No waiver of any term,- provision or condi- tion of this Agreement, g whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, .a fur- ther or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement. 8. 09 Entire Agreement. This Agreement is intended by the parties to be the final expression of their agreement; it embodies th e 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 correspond- ence, conversations, negotiations, agreements or understandings relating to the same subject matter. 8. 10 Time of Essence. Time is of the essence of each pro- vision of this Agreement in which time is an element. Purchase Agreement - Bargain Sale - Jamison page 11 8.11Survival of Covenants. All covenants of District or Seller which are 'expressly intended hereunder to be performed in whole or in part after the Closing, and all representations and warranties by either party to the other, shall survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs successors and rm'pe �.tted assigns, 8. 12 ' Assignment. Except as expressly permitted herein,- neither party to this Agreement shall assign its rights or obliga- tions under this Agreement to any third party without the prior written approval of the other party. 8. 13 Further Documents and Acts. Each of the parties hereto agrees to execute and deliver such further documents and perform such other acts as may be reasonably necessary or appro- priate to consummate and carry into effect the transactions described and contemplated under this Agreement. 8. 14 Binding on Successors and Assigns . This Agreement and all of its terms, conditions and covenants are intended to be fully effective and binding, to the extent permitted by law, on the successors and permitted assigns of the parties hereto. 8. 15 Captions . Captions are provided herein for con- venience only and they form no part of this Agreement and are not to serve as a basis for interpretation or construction of this Agree- ment, nor as evidence of the intention of the parties hereto. 8.1-6 Pronoun References. In this Agreement, if it be appropriate, the use of the singular shall include the plural, and the plural shall include the singular, and the use of any gender shall include all other genders as appropriate. Purchase Agreement - Bargain Sale - Jamison Page 12 8. 17 Broker' s Commission. District shall not be respon- sible for any real estate commission or. other related costs or fees in this transaction. 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 proceed- ings 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. 8. 18 Seller' s Disclosures . Seller hereby discloses to District and District hereby acknowledges the following information relative to this transaction: (a) The Subject Property may be located in a geological hazard zone. (b) The Subject Property is being sold by Seller in an "as is" condition and is not fenced or surveyed. (c) Seller is a licensed Real Estate Broker in the State of California. 9. Acceptance. Provided that this Agreement is signed by Seller and returned to District on or before. December 12 , 1986 , District shall have until December 23, 1986 to accept and execute this Agreement and during said period this instrument shall constitute an irrevocable offer by Seller to sell and convey the Property to District for the consideration and under the terms and conditions herein set forth. As consideration for the tender of said offer District has paid and Seller acknowledges receipt of the sum of Ten Dollars ($10.00) . Provided that this Agreement is accepted by District, this transaction shall close as soon as practicable in accordance with the terms and conditions set forth herein. Purchase Agreement - Bargain .Sale -- Jamison page 13 IN WITNESS .1HEREOF, the parties hereto have caused this Agreement to be executed by their duly' authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof. MIDPENINSULA REGIONAL OPEN SPACE SELLER DISTRICT APPROVED AS TO FORM: J Lee Jamison Stanley No on, District Counsel Pate: 1,12 AC PE "VEG\ FOR RECOMMENDATION I,. Cra* Britton Land Acquisition Manager APPROVED AND ACCEPTED: President, Board. of Directors ATTEST: District Clerk Date: A M E any Fi, _ American 'itle L _,aranty Comp 4 �+ aK,` ?�? - ❑GAM►6ELt ❑CUPERTINO ❑LOS ALTOS ❑PALO04LTO 2155 S. BASCOM AVE. #100 10370 SOUTH DEANZA BLVD. 329 SO SAN ANTONIO AD,#6 550 HAMILTON AVE >w CAMPBELL. CA 95DUS CUPERTINO,CA VW14 LOS ALTOS.CA U022 PALO ALTO.CA 94301 ' .(408) 377-2992 (408)252-7000 (415)241-3320 (415)3265050 Subject to a minimum charge required by Section 12404 of the Insurance ❑BLOSSOM HILL-SAN JOSE ®SAN JOSE ❑ SANTA CLARA Code. 499 BLOSSOM HILL RD. 675 NORTH FIRST ST. 275 SARATOGA AVE.#106 SAN JOSE.CA 95123 SAN JOSE.CA 95112 SANTA CLARA,CA 95060 (40B)227.51 it OCS)28&6353 (408)249.9611 TITLE OFFICER: Linda Rinehart Escrow Officer: Stella B. Hagdohl Your No.: None shown Our Order No.: 101678 Property Address: None shown UPDATE Form of Policy Coverage Requested: In response to the above referenced application for a policy of title insurance,this Company hereby reports that it is prepared to issue,or cause to be issued,as of the date hereof,a Policy 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 are attached. Copies of the Policy forms should be read.They are available from the office which issued this report. This report(and any supplements or amendments thereto)is issued solely for the purpose of facilitating the issuance of a policy of title insur- ance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance,a Binder or Commitment should be requested. Dated as of January 7, 1986 at 7.30 a.m. TITLE OPERATIONS MANAGER Title to said estate or interest at the date hereof is vested in: JOAN LEE SHARP, also known as JOAN LEE JAMISON The estate or interest in the land hereinafter described or referred to covered by this Report is: A FEE At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy fo rm would b easfolio .ws'. SEE NEXT PAGE EXHIBIT FORM 4288-201 (REV. 12l83) Page / Q� G. _r No. 101678 Page 2 1. Taxes for the fiscal year 1985-86 lst Installment : $18.93, Paid 2nd Installment : $18.93, Unpaid Assessors No. : 583-24-002 Code Area : 80-002 (Affects Parcel No. 4) Taxes for the fiscal year 1985-86 lst Installment : $102.86 Paid 2nd Installment : $102.86 Unpaid Assessors No. : 583-24-003 Code Area : 80-002 (Affects portion of Parcel 1) Taxes for the fiscal year 1985-86 lst Installment : $59.27 Paid 2nd Installment : $59.27. Unpaid Assessors No. : 583-24-005 Code Area : 80-002 (Affects portion of Parcel 1) Taxes for the fiscal year 1985-86 lst Installment : $56.07 Paid t 2nd Installment : $56.07 Unpaid Assessors No. : 562-22-033 Code Area : 72-007 (Affects Parcel 3) Taxes for the fiscal year 1985-86 lst Installment : $64.13 Paid 2nd Installment : $64.13 Unpaid Assessors No. : 562-22-028 Code Area : 72-007 (Affects Parcel 2) 2. The lien of supplemental taxes assessed pursuant to Chapter 498, Statutes of 1983 of the State of California. 3. Easements for any and all road ways including but not limited to Hicks Road, Los Alamitos Road, Loma-Almaden Road or Mt. Umunhum Road, and Wood Road or Browns Canyon Road. 4. Easement for the purposes stated herein and incidents thereto For Right of ingress to and egress by means of roads and lanes thereon, if such there be, otherwise by such route or routes as shall occasion the least practicable damage and inconvenience. Granted to : Pacific Gas and Electric Company, a California corporation Recorded : January 14, 1969, Book 8400, page 654, Official Re rds Affects : Parcel No. 1EXHIBIT Page of Y ar No. 101678 Page 3 5. Easement for the purposes stated herein and incidents thereto For : Communication facilities Granted to : Pacific Telephone and Telegraph Company Recorded : March 4, 1969, Book 8454, page 178, Official Records Affects : Said facilities shall be placed within the confines of a private road as now established on said real property. Said road runs in a westerly and southerly direction on said real property. Affects : Parcel No. 3 6. Agreement for : Land Conservation Contract Between : County of Santa Clara And : Joan L. Sharp On the terms and conditions contained therein, recorded"February 25, 1971 in Book 9233, Page 324 of Official Records. 7. Easement for the purposes stated herein and incidents thereto For : Installation and maintenance of water line and related equipment Granted to : Frank Freitas, et ux Recorded : May 8, 1984, Book I521, Official Records, page 276 Affects : A 10 foot strip along the Westerly portion of Parcel No. 2. 8. Easement for the purposes stated herein and incidents thereto For : Removing two-thirds of water from spring located on Parcel No. 2, South of existing dirt road. Granted to : Frank Freitas, et ux Recorded : May 8, 1984, Book 1521, Official Records, page 276 Affects : A portion of Parcel No. 2 EXHIBIT Pago of Order No. 101678 Page 4 NOTE: According to the public records, there have been no deeds conveying the herein described property recorded within six months prior to the date hereof except as follows: NONE i EXHIBIT Page 1 'er No. 101678 a 5 LEGAL DESCRIPTION: Real property situated in the County of Santa Clara, State of California, described as follows: PARCEL NO. 1 Beginning at an oak tree 16" in diameter marked C.C. being one of the stations in the southwesterly line of the Capitancillos Rancho, and from which oak tree, a sycamore tree marked C.C. 4 standing at the upper fork of the Arroyo Seco de los Capitancillos, being one of the stations in the southwesterly line of said Capitancillos Rancho, bears N. 830 30' W. 18.54 chs. distant running thence along said southwesterly line of the Capitancillos Rancho with the following courses and distances: S. 48° E. 90.50 chs. , S. 31° 15' E. 15.41 chs. S. 50° E. 4.10 chs.S. 71° E. 4.56 chs. S. 64° E. 3.88 chs. S. 35° 30' E. 2.27 chs. S. 32° E. 3.71 chs. , and S. 19° E. 7.05 chs. to the most northerly corner of that certain 101.64 acre tract of land described in the deed from the City of San Jose to William Philbon, dated October 7, 1871, and recorded October 10, 1871 in the office of the County Recorder of the County of Santa Clara, State of California, in Book 10 of deeds, page 377; thence leaving the southwesterly line of the Capitancillos Rancho and running along the westerly line of said 101.64 acre tract of land, S. 29° W. 42.00 chs. and S. 18° W. 1.50 chs. to the most westerly corner of said 101.64 acre tract of land in the southwesterly line of Pueblo Tract No. 2 San Jose City Lands; thence running N. 58° 24' W. and along the southwester ly line of said Pueblo Tract No. 2, 148.70 chs. to the most southerly corner of that certain 160 acre tract of land conveyed by the City of San Jose, to Frederick Crighton by deed dated September 4, 1873, and recorded September 8, 1873 in the office of the County Recorder of the County of Santa Clara, State of California, in Book 10 of Deeds page 500• thence leaving the f line o said Puebla P g > Tract No. 2 and running N. 47 15 E. and along the southeasterly line of said 160 acre tract of land, 27 chs. to a live oak tree marked M. and being the southwesterly corner of that certain 48.78 acre tract of land conveyed by the City of San Jose, to Francisco Mendebles by deed dated October 18, 1867, and recorded October 9, 1867, in the office of the County Recorder of the County of Santa Clara, State of California, in Book "W" of deeds, page 438; thence running S. 53` E. and along the southwesterly line of said 48.78 acre tract of land, 6.50 chs. to the southernmost corner of said 48.78 acre tract of land; thence along the easterly line of said 48.78 acre tract of land with the following courses and distances. N. 44 10 E. 8.45 chs. , N. 35 E. 17.50 chs. , N. 33° E. 5.50 chs. , N. 24° 30' E. 3.07 chs. , N. 24° 15' E. 10.90 chs. to the north easterly corner of said 48.78 acre tract of land and in the south- westerly line of the Capitancillos Rancho; thence running along the Southwesterly line of the Capitancillos Rancho, S. 83° 30' E. 5.97 chs. to the place of beginning. Containing 831.25 acres of land, more or less, and being a portion of Pueblo Tract No. 2, San Jose City Lands. Excepting therefrom the 21.006 acres, more or less, granted to Pacific Gas and Electric Company, a California corporation, by deed recorded January 14, 1969, Book 8400, Official Records, page 654, described as follows: EXHIBIT Page of C No. 101678 Page 6 PARCEL NO. I (continued) A strip of land of the uniform width of 120 feet extending entirely across the parcel of land described and designated Parcel No. 1 in the deed from Alice A. Lee to Joan Lee Sharp dated September 23, 1964 and recorded in the office of the County Recorder of said County of Santa' Clara in Book 6676 of Official Records at page 519 and lying equally on each side of the line which begins at a point in the northwesterly boundary line of said parcel of land designated Parcel No. 1 and runs thence south 77* 50 1/2' east 2625 feet, more or less, to a point herein for convenience called Point "A"; thence north 870 01 1/21 east 5000 feet, more or less, to a point in the northeasterly boundary line of said parcel of land designated Parcel No. 1; said Point "A" bears south 65* 11' east 8506.6 feet distant from the 2 1/2 inch brass cap (marked Lindeman, Lean, Peckham, El Encino P.S.J. #11) marking the southeasterly terminus of a course in the westerly boundary line of the 121 acre parcel of land described in the deed from Herbert E. Janes and wife to Francis H. Tucker and wife dated March 1, 1940 and recorded in the office of the said County Recorder in Book 977 of Official Records at page 55, which course, according to the description contained in said deed dated 11arch 1, 1940, has a bearing of S. 10* 45' E. and a length of 665 feet, containing 21.006 acres, more or less, and being a portion of the Pueblo Lands of San Jose. Together with the right to construct, maintain, and use roads, not to exceed ten (10) in number, over and across said real property, each of the uniform width not in excess of sixty (60) feet, at such locations as shall be mutually agreed upon between first parties and second party, at a future date, as reserved in the deed from Joan Lee Sharp, et vir, recorded January 14, 1969, Book 8400, Official Records, page 654. PARCEL NO. 2 The Northwest one-quarter of the Northwest one-quarter of Section 9, Township 9, South Range 1 East, Mount Diablo Base and Meridian. Togetber with a non-exclusive easement, sixty feet in width for the purpose of ingress and egress and the installation and maintenance of utilities as reserved in the deed from Joan Lee Sharp, recorded May 8, 1984, Book 1521, Official Records, page 276. The easement shall be located running Northerly from Mt. Umunhum Road until it meets Parcel No. 2 above, the exact location thereof to be determined at a later time. Also together a non-exclusive easement for the purpose of removing one-third of the water from the spring located to the North of Parcel No. 2 above, South of the existing dirt road, as reserved in the deed from Joan Lee Sharp, recorded May 8, 1984, Book 1521, Official Records, page 276. PARCEL NO. 3 The west 1/2 of the southwest 1/4 of section 9, in Township 9, south, range 1, east, M.D. B.&M. EXHID6 -4 Page OfAL er No. 101678 Page 7 PARCEL NO. 4 Beginning at a point on the westerly line of that certain 519.95 acre tract of land conveyed by the City of San Jose to James Alfred Nowland by deed dated January 4, 1867, and recorded January 25, 1867, in the office of the County Recorder of the County of Santa Clara, State of California, Book "W" of Deeds, page 206 at a point distant S. 19° E. 0.90 chs. from a sycamore tree marked C.C.3, standing on the southwesterly line of the Capitancillos Rancho at the Junction of the Capitancillos Creek, with a small tributary stream coming from the west; thence running S. 3° E. 1.85 chs. S. 9° 5' E. 3.70 chs. , S. 2° 30' W. 1.80 chs. S. 46° 30' W. 2.90 chs., S. 30° 15' W. 1.97 chs. , S. 59° 15' W. 2.95 chs. thence S. 54° 50' W. 6.05 chs., S. 16° 35' W. 4.27 chs. and S. 11° 30' E. 0.83 chs. to a point on the southwesterly line of the Pueblo Tract No. 2 San Jose City Lands; thence running along the southwesterly line of said Pueblo Tract No. 2, N. 58° 25' W. 37.75 chs. to the most southerly corner of that certain 831.25 acres tract of land conveyed by the City of San Jose to Ralph Lowe by deed dated December 15, 1884, and recorded December 29, 1884, in the office of the County Recorder of the County of Santa Clara, State of California, in Book 76 of deeds, page 382; thence leaving the line of said Pueblo Tract No. 2 and running along the easterly line of said 831.25 acre tract of land, N. 18' E,1.50 chs, and N. 29° E. 42 chs. to the center line of a small tributary of the Alamimtos Creek on the Southwesterly line of the Capitancillos Rancho, thence along the southwesterly line of said Capitancillos Rancho with the following courses and distances: S. 30° E. 2.30 chs. , thence S. 31° E, 2.49 chs. , thence S. 13° E. 5.09 chs. , S. 40° 45' W. 5.35 chs. , S. 1° W. 10.47 chs. , S. 30° E. 4.56 chs. S. 60° E. 8.82 chs. , S. 72° 30' E. 6.50 chs. , S. 1° W. 1.54 chs. S. 83° E. 5.88 chs. to the aforementioned sycamore tree marked "C.C.3" and thence S. 19' E. 90 lks to the place of beginning. Containing 101.64 acres of land, more or less and being a portion of Pueblo Tract No. 2, San Jose City Lands. Excepting therefrom that portion thereof included within the boundaries of the 11.549 acre tract of land excepted in the deed from Santa Clara Valley Water Conservation District, a water conservation district, to H. L. Haehl, dated February 16, 1939, and recorded February 20, 1939, in Book 921 of Official Records, at page 1, as described and platted on Exhibit No. 1 being Survey A-6 and entitled "Right of Way for Almaden Reservoir upon lands of John LaBrucherie" attached to and recorded with said deed. APN: 562-22-33 ARB: 583-24-2,3,5 EXHIBIT Page —7-o LIST OF PRINTED tXCEPTIONS AND EXCLUSIONS(By Policy Type) i. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY•1973 SCHEDULE B This policy does not insure against loss or damage,nor against costs,attorneys feet or expenses,any or all of which arise by reason of the following: Part I 1, Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records, Proceedings by a public agency which may result in taxes or assessments,or notices of such proceed ngs,whether or not shown by the records of such agency or by the public records. 2. Any facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements,bens or encumbrances,or claims thereof,which are not shown by the public records. - 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by the public recortls.- S. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof. (c) water rights,claims or title to water. 6. Any right,title,interest,estate or easement in land beyond the lines of the area specifically described or referred to in Schedule A.or in abutting streets,roads,avenues, alleys,lanes,ways or waterways,but nothing in this paragraph%hall modify or limit the extent to which the ordinary right of an abutting owner for access too physically open street or highway is insured by this policy. 7. 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 prohibiting a separation in ownership or a reduction in the dimensions,or area of the land•or the effect of any violation of any such law,ordinance or governmental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9 Defects,liens,encumbrances,adverse claims,or other matters(a)created,suffered,assumed or agreed to by the insured claimant;(b)not shown by the public records and not otherwise excluded from coverage 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 tnsured claimant to the Company prior to the date such insured claimant became an insured hereunder;Ic)resulting in no loss or damage to the insured claimant;id)attaching or created subsequent to Date of Policy;or(el resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. 2. AMERICAN LAND TITLEASSOCIATION TL OWNER'S POLICY FORM B-1970 70(AMENDED 10.17-70 and 10-17-84 ) SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Is) Governmental police power. '... (b) Any law,ordinance or governmental regulation relating to environmental protection. 1ei Any levy,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 prohibiting a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part. (d) The effect of any violation of the matters excluded under fat,to)or(c)above,unless notice of a defect,lien or encumbrance resulting from a violation has been recorded at Date of Policy in those records in which under state statutes deeds,mortgages,its cie^dens,Lens or other title encumbrances must be recorded in order to '.. impart constructive notice to purchasers of the land for value and without knowledge;prov-ded,however,that without limitation,such records shall not be construed '.. to include records in any of the offices of federal,state or local environmental protection,zon,ng,budding,health or public safety authorities. '... 2. Rights of em.nzot domain unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects,hens,encumbrances,adverse claims,or other matters(a)created,suffered,assumed or agreed to by the insured claimant:(bl 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;10 resulting in no loss or damage to the insured claimant:(d)attaching or created Subsequent to Date of Policy;or le-)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. - MOTE: The 10.17-84 amendments of exclusions 1 and 2 above will be incorporated onto the policy by attachment of on"Endorsement Amending Policy",endorsement '.... number FA-27.1. 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY-1979 EXCLUSIONS In addition to the Exceptions in Schedule 8,you are not insured against loss,costs,attorneys'fees and expenses resulting from: '... 1. Governmental police power, and the existence or violation of any law or government regulat,on. This includes budding and zoning ordinances and also laws and regulations concerning: • land use • sand 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 heated,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 result in no loss to you • 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 B-EXCEPTIONS In addition to the Excius�ons,you are not insured against loss,costs,attorneys'fees,and expenses resulting from: 1. Any rights•interests or clams of parties in possession of the land not shown by the public records. 2. Any eo etnentt or hens not shown by the public recortls. This exception does not limit the lien coverage in Item 8 of Covered Title Risks. 3. 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. 4. Any water rights,claims or title to water on or under the land. •a, Continued on Next Page pa se FORM 4288.1 (REV.3185) 4.-AMEPr^AN LAND TITLE ASSOCIATION LOAN POLir- '970 WITH A.L.T.A.EN EMENT FORM 1 COVERAGE (AMENDED 1i and 10.17-84) —iEDULE OF EXCLUSIONS FROM COVERAGE 1. sal Governmental police power. fill Any law,ordinance or governmental regulation relating to environmental protection, ice 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 prohibiting a separation in • ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part. Id) The effect of any violation of the matters excluded under(a),(b)or Ice above,unless notice of a defect,hen of encumbrance resulting from a violation has been recorded at Date of Policy in those;Kords in which under'&late statutes deeds,mortgages,Its pendent,hens or other title encumbrances must be recorded in order to impart constructive notice to purchasers of the land for value and without knowledge;provided,however,that Without limitation,such records shot)not be construed to include records in any of the offices of federal,state or local environmental protection,zoning,budding,health or public safety authorities. Z Rights of eminent domain 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 la)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 dt 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 clamant;Id)attaching or created subsequent to Date of Policy texcept to the extent insurance is afforded herein as to any statutory hen 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 PohcY.) 4. Unenfomeabihty of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable"doing business—laws Of the state in which the land is situated. NOTE: The 10.17.84 amendments of exclusions 1 and 2 above will too incorporated into the policy by attachment of an"Endorsement Amending Policy endorsement number FA-27.I. 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 1. Is) Governmental police power. (b) Any law,ordinance or governmental regulation relating to environmental protection, Id Any law,ordinance or governmental regulation fsncludmg but not limited to building and zoning ordinances)restrictingor regulating or prohibiting the occupancy,use g 9 P g ocsep io e or enjoyment of th!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 change in the dimensions or area of the land or any parcel of which the land is or was a part. (d) The effect of any violation of the matters excluded under(a),lot or fc)above,unless notice of a defect.lien or encumbrance resulting from a violation has been recorded at Date of Policy in those records in which under state statutes deeds,mortgages,cis pencIms,liens or other tide encumbrances must be recorded in order to impart constructive notice to purchasers of the land for value and without knowledge:provided,however,that without(imitation,such records%hall not be construed to include records in any of the offices of federal,state or local environmental protection,zoning,building,health or public safety authorities. 2. Rights of eminent domain 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 discs in writing used t b the insured claimant i the n n g Y t O !COT a Or t0 the date such incur claimant P v P insured became an insured hereunder.tcl resulting in no loss or damage to the insured claimant 1 attaching r di at ae g o created subsequent to Date of Policy;or set resulting in loss r m g o damage which would not liar been sustained if h inclaimanth paitl value for the estate or interest insured by this policy. � e a e4 the insured as NOTE: The 10-17.84 amendments of exclusions 1 and 2 above will be incorporated into the policy by attachment of an"Endorsement Amending Policy",endorsement number FA-2T1. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One 1. Taxes or assessments which are not Shown as exciting liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records, 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,Claims of easement or encumbrances which are not shown by the public records. 4, Discrepancies,conflicts in boundary lines,Shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by public records. S. Unpatented mining claims;reservations or exceptiont in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. 6. Any lien,or right to a hen,for services,labor or material heretofore or hereafter furnished,imposed by law and not shown by the public records. 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 The following matters are expressly excluded from the coverage of this policy: 1. fal Governmental police power, fbl Any law,Ordinance or governmental regulation relating to environmental protection. 10 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 prohibiting a separation in ownership or a change on the dimensions or area of the land or any parcel of which the land is or was a part. (d) The effect of any violation of the matters excluded under(a), IDS or (cl above,unless notice of a defect,hen or encumbrance resulting from a violation has been recorded at Date of Policy in those records in which under state statutes deeds,mortgages,[is pendens,hens or other title encumbrances must be recorded in order to impart constructive notice to purchasers Of the land for value and without knorViedge:provided,however,that without limitation,Such records shalt not be construed to mclutle records in any of the offices of federal,state or local environmental protection.zoning,budding,health or public safety authorities. 2 Rights of eminent domain unless notice or the exercise of such rights appears in the public records at Date of Policy. 3. Defects,liens,encumbrances,adverse claims,or other matters la)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 ether at Date of POhCy 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 pilot to the date such insured clamant became an insured hereunder;(cf 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 1p 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. Unenforceabtbty of the hen of the insured mortgage because of failure of the insured at Date of Policy or of any Subsequent owner of the indebtedness to comply with applicable"doing business"taws Of the state in which the land is situated. NOTE: The 10 17-84 amendments of exclusions i and 2 above will be incorporated into the policy by attachment of an"Endorsement Amending Policy",endorsement number FA-27.1. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One. i. Taxes or assessments which are not shown as existing hens by the records of any taxing aulho,ty that levies taxes or assessments on rest property or by the public records. 2- Any facts, fights, interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances which are not shown by the public records. 4, Discrepancies,conflicts in boundary tines,shortage in area,enchroachments,or any other facts which a correct survey would disclose,and which a�arreapnglot+f��sho�ktwn bgyy public records. Fw�rOE W G U 6. Unpatented mining Claims:reservationsServices, or exceptions is patents f in Acts authorizing Me issuance thereof;water nghis,claim or title to water. 6. Any lien,or tight to a lien,tOr semcet,labor or material theretofore or hereafter furnished,imposed by law and not Shown by the public records. FORM 4288 2IREv.3186t Page of 41 ►" A . .. ... .... .. .. ....•..., .. ... ....•.nun. »^ .�.. r*-�•Ip. n. rp.. .fir, •/• 1 1•�• .r.. -•, as••. w,•Ym:�7' « .......,.�,,. .. .. .�.•+,� i .7 "OIhCE CF COUNTY ASSESSOR SANTA CLARA COUNTY , CALIFORNIA fh •7' ' ` BOOK 583 24 F IcXs H0 e(0 r 3\�((0s %y DETAIL 1" = 100' $00 RO + to SO C.FLOOD O 296•60 AC sE>>�- �• -F•� ~cr •S�c• I r`M a ?�� Jto 3 N • + pp4a 4 tkicE:THI r s ; cn LAND U .i/i : �- MA i� P�i0T [ �: J s,q GE, �CTE y,- -ti BI A SL'RVF i. PU Bl0 _TRACT 6q A� U to. -( 1 4&, �i `VI ^1 I j 1l'07 rG Y OF TH� I T 9 R a P�1iIJrtS?{: n.; �G 'r!r'_ '?'�;J�f'al �'A(�t li1iG `1-lic �� rr' i..._. �� �I.�_,f ' Jr SEE OETAIL T ' �. I j i' J -!V L iE OR OA.t `" .. . L.� ,las:=S 1 n r�5T'4MERIC.4N ,•�,." , I ifi� '' J.IAtiIUT E 'r--'r•.«ulft "'%Wad ti'rL;A(�IOE T OR �pss � ;,�/ »„ e►c lox "Al b w Vr lay d P.,.rM 7 '0i1�'+rAr tK, wldwAn,b,d'''...,,+■ti.« 662 92 �39 owow L Aul>.� >h Ao' tN n l�M /170 1 , OFFIC9 OF COUNTY ASSESSO$. SA-TA CIA" COUNTY,CAUFORNIA _ 1 8 5/8 6 562 '22` a - t�°�t N• ' �.�v 23 5°n �, 1 Np K TM&L ?,job w w Fj `p PARCEL 2 ?; �� Q t� ..• Y k ,LP or y or fl J /`b I � / IYVP.9 S,0.1 E. /. t 2' F m 6 y O � R-86-130 (Meeting 86-30 December 22 , 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT December 16 , 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager; D. Hansen, Land Manager; M. Gundert, Associate Open Space Planner SUBJECT: Proposed Winkle Property Addition to the La Honda Creek Open Space Preserve Recommendation: I recommend that you adopt the accompanying Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Accepting Gift of 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 (La Honda Creek Open Space Preserve - Winkle Property) . I further recommend that you tentatively adopt the Interim ,Use and Management Plan recommendations contained in this report, including the naming of the property as an addition to La Honda Creek Open Space Preserve, and indicate your intention to withhold the 3. 4 acre property from dedication as public open space at this time. Introduction: The Midpeninsula Regional Open Space District has been offered a gift of 3. 4 acres of land located south of Sky Londa and east of the District' s La Honda Creek Open Space Preserve. The property fronts on Highway 84 (La Honda Road) and adjoins the eastern boundary of La Honda Creek Open Space Preserve. The property would become an addition to the La Honda Creek Preserve. A. Description of the Site 1 . Size, Location and Boundaries The property consists of two parcels of land totalling 3 . 4 acres. Located approximately 1.25 miles south of Sky Londa (the intersection of Highways 35 and 84, Skyline Boulevard and La Honda Road, respec- tively) , the property is bounded by La Honda Road and private prop- erty to the east and La Honda Creek to the west. La Honda Creek forms a common boundary between the subject property and the La Honda Creek Preserve. Private property adjoins the remaining sides of the parcels. R-86-130 Page two 2 . Topography, Geology and Natural Landscape The property consists of steep, westerly facing sideslopes extending to La Honda Creek along the western boundary. Elevations on the property range from approximately 1160 feet at La Honda Road to 1000 feet along the creekbank. The property is vegetated with a redwood overstory and associated understory. Geologically, the property is underlain by Butano sandstone and Twobar shale (an offshoot of the San Lorenzo formation) . The property is in a zone of high landslide susceptibility according to the Landslide Susceptibility in San Mateo County, California map. The property does exhibit evidence of slippage problems. B. Planning Considerations The property is located in unincorporated San Mateo County and is zoned residential. Several of the adjacent and nearby parcels are developed with residences. The property received a moderate rating on the District' s Master Plan Map, a composite ranking system of the suitability of land as public open space. A portion of the property is identified as "urbanized" and as such received no rating on the map. C. Current Use and Development The property is accessible from two roads. The first, La Honda Road, adjoins the southeastern corner of the property. Several roadside pullouts are located along the western side of La Honda Road in the vicinity of this property. The second access to the property is via a dirt road off La Honda Road called Sequoia Drive. This single-lane dirt road serves as a driveway to several homes , becoming rather primitive prior to entering the subject property. The road bisects the property at a midpoint between La Honda Road and La Honda Creek. A small cabin is located immediately east of the road overlooking the creek. D. Potential Use and Development Although there are no existing trails on the property with the exception of the extension of Sequoia Drive, the physical connection between La Honda Road and La Honda Creek Open Space Preserve creates the potential for future connections to the La Honda Creek Preserve. As previously mentioned, there are several large roadside pullouts along the western side of La Honda Road in the vicinity of the property which provide the potential for informal parking should a trail con- nection to La Honda Creek Open Space Preserve be created in this area. E. Interim Use and Management Recommendations 1. The cabin on the property will be secured. At the time of the Initial Use and Management Plan formulation in March 1986, the long-term disposition of the cabin will be addressed. 2. Preserve boundary signs and private property signs will be placed on the property where appropriate. Cost is estimated at $50 . 86-130 Page three 3. Access will be available but not publicized to the public by utilizing the roadside pullouts adjacent to the property on La Honda Road for parking. F. Name I recommend that the property become an addition to the La Honda Creek Open Space Preserve. G. Dedication I recommend that you indicate your intention to withhold the property from dedication as public open space at this time, until the District's acquisition and access possibilities and future private development patterns become better established in this vicinity. H. Terms The only attachment is the Gift Deed as there is no purchase agreement. If approved, the transaction would go through a formal escrow, as the sellers will be required to pay off an existing loan prior to recorda- tion of the Deed. — ; 1�/�`\� l�� J i. J M 732 Oi �. 1,.� _Sp,nrq \ I/- � ��l l/iit qt,e- eM 1.62 o WUNDERLICH PARK EL CORTE DE MADERA OPTION PARCELS V_. ' '�V �' �. �• % 1�� 3M'•209J r�J( � y I I \ I' �, t ✓ A w p' _ Czj BM �, f ., - ,� "I12d�i BEAR GULCH ��. H_ r` ROAD -)SKYLINE BLVD.y + \ \ rf N ^fete Allen Lo kout h ( ` �' I � �o _ .. �. i`'� � 'tiff .. \'`✓` 1 ) ��\ �� � � ALLEN ROAD) o ! �►`' �� 1. J - .CA� EASEMENT CUNDER LITIGATION' GAT ( 11 �,, GATE I P.O.S.T ''i=,� EON AR �� ;� LEASE AREAary .� 25oqA I la kit Rid)))o To*e `� �� a•� �J/ ��i Ct 1, iA .�1 `' I " f r�/� 0,'.35 LA HONDA CREEK y. OPEN SPACE PR,ESERVE i .moo t ` .. G I FT PARE ► _7V (3.4 ACRES)01 `/ t \ a dhav Gam �JE EP //./1, / idly li�j i17- Ly� Jt � _ l 4 >` 14 i 7 J`Jl J�fil j: �ti - %/ - EXHIBIT A — SITE MAP 1, PROPOSED ADDITION -•` '`' >j�� 1 ;�, ( — LA HONDA CREEK OPEN SPACE PRESERVE C SCALE 1" = 2000' NORTH ) � L. -- �, %� RESOLUTION NO. 86-77 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ACCEPTING GIFT OF 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 (LA HONDA CREEK OPEN SPACE PRESERVE - WINKLE PROPERTY) The Board of Directors of the P Midpeninsula Regional Open P g Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept, with gratitude, the gift of real property described on Exhibit A, affixed hereto and by this reference made a part hereof, and to be conveyed by a Gift Deed from Roger A. Winkle et ux. to the Midpeninsula Regional Open Space District. Section Two. The President of the Board or other appro- priate officer is authorized to execute a Certificate of Acceptance for said Gift Deed conveying title to the property being donated to the District. Section Three. The General Manager of the District shall cause to be given appropriate notice to the donors of the accept- ance of this gift. The General Manager further is authorized to execute any and all other documents in escrow necessary or appro- priate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $1 ,000 to cover the cost of title insur- ance, escrow fees, and other miscellaneous costs related to this transaction. i a I ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE COUNTY OF SAN MATED, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL A: LOTS 74 AND 75, AS'(:DESIGNATED ON THE MAP ENTITLED "LA HONDA VISTA A SUBDIVISION OF A PORTION OF SECTION 35, TOWNSHIP 6 SOUTH RANGE 4 WEST, M.D.M. SAN MATEO COUNTY, CALIFORNIA", WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, ON NOVEMBER 12, 1927 IN BOOK 16 OF MAPS AT PAGES 45 AND 46. EXCEPTING FROM LOT 75 SO MUCH THEREOF AS IS CONTAINED WITHIN THE LIMITS OF PROPERTY CONVEYED TO FRED STUART AND EVDOKIA IVANOVNA STUART, BY DEED RECORDED APRIL 19, 1940, IN BOOK $96 OF OFFICIAL RECORDS AT PAGE 71 . PARCEL B: PORTION OF LOTS 75, 771 85, 86, ALL OF LOT 76, AND PORTION OF SEQUOIA DRIVE MAP OF LA HONDA VISTA SUBDIVISION, FILED NOVEMBER 12, 1927 IN BOOK 16 OF MAPq' AT PAGES 45 AND 46, ' RECORDS OF SAN MATEO COUNTY, DESCRIBED AS: BEGINNING AT A POINT IN THE CENTER LINE OF LA HONDA CREEK AT THE NORTHWESTERLY CORNER OF LOT 76; THENCE ALONG THE WESTERLY LINE OF LOTS 76 AND 77, AS FOLLOWS: SOUTH 38. 2 FEET AND SOUTH 6° 15' WEST 134 FEET BORE OR LESS TO A POINT WHICH IS DISTANT 45 FEET MEASURED AT RIGHT ANGLES NORTHERLY FROM THE WESTERLY EXTENSION OF THE SOUTH LINE OF LOT 77; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID LOT 77 A DISTANCE OF 221 FEET TO A POINT I,N THE CENTER LINE OF EXISTING ROADWAY KNOWN AS SEQUO.I,A DRIVE EXTENSION; THENCE NORTHERLY ALONG CENTER LINE A DISTANCE OF 46 FEET TO A POINT IN A LINE WHICH IS DISTANT 30 FEET; MEASURED AT RIGHT ANGLES NORTHERLY FROM THE' LINE DIVIDING LOT -77 AND 85, AND IS DISTANT SOUTH 780 47 ' EAST 227 FEET FROM THE WESTERLY LINE OF LOT- 76; THENCE CONTINUING ALONG THE CENTER LINE OF SAID ROADWAY IN A NORTHEASTERLY DIRECTION A DISTA110CE OF 55 FEET TO A POINT IN LOT 86 WHI.CH IS DISTANT 259 FEET SOUTHEASTERLY FROM THE POINT OF BEGINNING AND THENCE NORTHWESTERLY 259 TO THE POINT OF BEGINNING. II pne p .1 PARCEL C : ALL THAT PORTION OF LOTS 77, 78, 79, 80, AND 85 LYING EASTERLY OF THE CENTER LINE OF SEQUOIA DRIVE� AS RELOCATED AND EXTENDED. SAID LOTS BEING SHOWN ON THAT CERTAIN MAP ENTITLED "LA HONDA VISTA A SUBDIVISION OF A PORTION OF SECTION 35 T. 6S R4W, M.D.M. SAN MATEO COUNTY CALIFORNIA", WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA ON NOVEMBER 12, 1927 1N BOOK 16 OF MAPS AT PAGES 45 AND 46, AND SAID CENTER LINE OF SEQUOIA DRIVE BEING DESCRIBED AS FOLLOWS BEGINNING AT A POINT ON THE SOUTHERL Y LINE OF SAID LOT 80, DISTANT THEREON EAST 246. 5 FEET FROM THE SOUTHWESTERLY CORNER OF SAID LOT 80• THEN o t tt THENCE NORTH 1 20 55 3 WEST 43.83 FEET, THENCE NORTH 240 23 ' 10" WEST 27. 45 FEET TO A POINT ON THE SOUTHERLY LINE OF LOT DISTANT THERE ON EON EAST 183. 37 FEET FROM THE SOUTHWESTERLY CORNER OF SAID LOT 79; THENCE NORTH 240 23 ' 10" WEST 54 . 90 FEET TO A POINT ON THE SOUTHERLY LINE OF LOT 78, DISTANT THEREON EAST 170. 1 FEET FROM THE SOUTHWEST CORNER OF SAID LOT 78; THENCE NORTH 150 38 ' 30" EAST 51 . 92 FEET TO A POINT ON THE SOUTHERLY LINE OF LOT 77 DISTANT STA T THEREON EAST 208 . 6 FEET FROM THE SOUTHWEST CORNER OF SAID LOT 77; THENCE NORTH 80 29' EAST 64 . 00 FEET TO A POINT ON THE SOUTHERLY LINE OF LOT 85 DISTANT THEREON SOUTH 78o 47 ' EAST 37 . 2 FEET FROM THE SOUTHWESTERLY CORNER OF SAID LOT 85; THENCE NORTH 130 53 ! 50" EAST 18 FEET MORE OR LESS TO THE EASTERLY BOUNDARY OF PROPERTY CONVEYED TO FRED STUART AND EVDOKIA IVANOVANA STUART, BY DEED RECORDED APRIL 19, 1940 IN BOOK 896 OF OFFICIAL RECORDS AT PAGE 71; THENCE NORTHEASTERLY ALONG SAID EASTERLY BOUNDARY OF PROPERTY SO CONVEYED TO STUART 18 FEET, MORE OR LESS TO A ANGLE POINT IN SAID BOUNDARY THENCE CONTINUING NORTHEASTERLY ALONG SAID EASTERLY BOUNDARY OF LAND SO CONVEYED TO STUART, 36 FEET MORE OR LESS TO THE NORTHEASTERLY BOUNDARY OF SAID LOT 85. EXCEPTING FROM SAID LOT 80 THE PORTION THEREOF CONVEYED TO THE COUNTY OF SAN MATEO FOR HIGHWAY PURPOSES BY DEED FROM HELEN HUGHES RECORDED OCTOBER 21, 1933 IN BOOK 607 OF OFFICIAL RECORDS AT PAGE 117, DESCRIBED AS FOLLOWS : BEGINNING AT A POINT IN THE NORTHEASTERLY CORNER OF SAID LOT 80 SAID POINT BEING DISTANT SOUTH 590 34 ' EAST 20. 72 FEET FROM THE NORTHEASTERLY CORNER OF SAID LOT AND RUNNING THENCE SOUTH 59 o -34 ' EAST 55 . 08 FEET; THENCE ON A ARC OF A 20 FOOT RADIUS CURVE TO THE. RIGHT 15. 2 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT; THENCE WEST 41 . 87 FEET ALONG THE SOUTHERLY LINE OF SAID LOT; THENCE NORTHERLY ACROSS A PORTION OF SAID LOT ALONG A LINE PARALLEL TO AND DISTANT 50 FEET WESTERLY FROM THE CENTER LINE OF SAID PUBLIC HIGHWAY NORTH 200 23 ' WEST 42. 12 FEET TO THE POINT OF BEGINNING. T { Spa .� PARCEL D: LOT 86 AS SHOWN ON THAT CERTAIN MAP ENTITLED LA HONDA VISTA A SUBDIVISION OF A PORTION OF SECTION 35. T. 6. S. R. 4 . W. M.D.M. SAN MATEO COUNTY, CALIFORNIA, WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATED, STATE OF CALIFORNIA ON NOVEMBER 12 1927 9 7 IN BOOK 16 OF MAPS AT PAGES 45 AND 46. EXCEPTING THEREFROM SO MUC H THEREOF AS IN CONTAINED WITHIN LIMITS OF PROPERTY CONVEYED TO FRED STUART AND EVDOKIA IVANOVNA STUART, BY DEED RECORDED APRIL 19, 1940 IN BOOK 896 OF OFFICIAL RECORDS AT PAGE 71. F 1 Ell • iti:C't}i:t-i�(; iLl:(,l:L:>li;i) R' t i - • I ORDER Arx WHEN RL'CORDI:D MAIL TO t Midpeninsula Regional Open Space District Building C, Suite 1351201 San Antonio Circle Mountain View,CA 94040/ 415 949-5500 �-- ATTN: L. Craig Britton —j SPACE ABOVE THIS LINE FOR RECORDER'S USE DULY RECORDED WITHOUT FEE NO TRANSFER TAX DUE PURSUANT T GOVERNMENT.CODE PUBLIC AGENCY ACQUIRING TITLE, SECTIO 3 CALIFORNIA REVENUE AND TAXATION CODE SECTION 11922 %W111Z Dole& IN ORDER TO PROMOTE PUBLIC WELFARE, ROGER A. WINKLE and LINDA F. VIINKLE, ,husband and wife hereby GRANT(S), GIVE(S) and CONVEY(S) to t MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district the following described real property in the County of San Mateo , State of California: As described in Exhibit "A" attached hereto and made a part hereof. R-86-134 (Meeting 86-30 0 December 22 , 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT December 17 , 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager; D. Hansen, Land Manager; D. Woods, Open Space Planner; Mary Gundert, Associate Open Space Planner SUBJECT: Proposed Procter Property Addition to the Thornewood Open Space Preserve Recommendation: I recommend that you adopt the accompanying Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Accepting Gift of 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 (Thornewood Open Space Preserve - Procter Property) . I further recommend that you tentatively adopt the Interim Use and Management Plan recommendations as contained in this report, including the naming of the property as an addition to the Thornewood Open Space Preserve, and indicate your intention to withhold the property from dedication at this time. Introduction: The Midpeninsula Regional Open Space District has been offered a gift of two parcels of land totalling approximately 9. 5 acres. The property is located between La Honda Road and the Thornewood Open Space Preserve (see attached map) . A. Description of the Site 1. Parcel One. This parcel consists of a water reserve approximately 50 feet in width and approximately one mile long (7 acres) extending from the southeasterly corner of Thornewood Open Space Preserve to Martinez Road. The water reserve follows the southerly slope of Martin Creek. These water reserves are fee owned strips of land following the courses of creeks and swales which were retained by the original developer as possible water sources. All of these water reserves along with the remaining lots held by the original developer were acquired by August Schilling and eventually resold to the current owners, including Procter. Topography in the area consists of steep to very steep slopes. 2. Parcel Two. This parcel is also a water reserve, 50 feet in width and 0. 4 miles long (2.5 acres) . The parcel extends southerly from the Thornewood Open Space Preserve and consists of a wooded ravine which ultimately drains into Martin Creek. R-86-134 Page two Additional information regarding this area is available in report R-86-93 of October 2, 1986, dealing with the Zand and Kamangar property additions. B. Planning Considerations The property is located within the Town of Woodside in San Mateo County and considered a part of the "Woodside Country Club - Portola Hills Area" in the Woodside General Plan. This area is characterized by problems of access, limited water supply, and slope instability. Most of the area was subdivided prior to 1920, , and the road and lot patterns present many problems. Most of the subdivision roads in this area are considered private. Acquisition of this property for open space purposes is consistent with the Town's General Plan. The parcel received a moderate rating on the District' s Master Plan, a composite rating indicating the suitability of land as open space. C. Current Use and Development The property is undeveloped; however, parcel one contains the remnants of an old equestrian trail , currently closed due to the presence of numerous slides in the area. Each of the parcels was historically used for transporting water, and old pipelines remain in some locations. D. Potential Use and Development Both parcels are designated as possible trail alignments on the Town of Woodside Trails Plan. These trails could potentially link Thornewood Preserve with upper La Honda Road. E. Interim Use and Management Recommendations 1. Boundary plaques will be installed where appropriate. F. Dedication The property should be withheld from dedication at this time as public open space, to allow for the potential sale or trade or land or trail rights in the entire Schilling Lake area. This would be consistent with the dedication status of other acquisitions near Schilling Lake. G. Naming The property should be named as an addition to the Thornewood Open Space Preserve. H. Terms The property is offered as a gift to the District for which we are most appreciative. ATE H"W�RKT .' ; . t 0 THORN ' : OPEN SPACE PRESERVE': o� =' �. :: . 4; : �. . . ... . ...... ... C� PARCEL TWO t i PARCEL ONE -1ARTINEZ �\ y y `.._RD. ', O " PROPOSED PROCTER PROPERTY ADDITION TO THE l THORNEWOOD OPEN SPACE PRESERVE • ��, RD. SU�arT aEE = = r SCALE 1" = 400' /1NORTH' RESOLUTION NO. 86-78 RESOLUTION F THE BOARD O DIRECTORS T E Q O FOF H MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ACCEPTING GIFT OF 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 (THORNE- WOOD OPEN SPACE PRESERVE - PROCTER 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, with gratitude, the gift of real property described on Exhibit A, affixed hereto and by this reference made a part hereof, and to be conveyed by a Gift Deed from Robert Procter et ux. to the Midpeninsula Regional Open Space District. Section Two. The President of the Board or other appro- priate officer is authorized to execute a Certificate of Acceptance for said Gift Deed conveying title to the property being donated to the District. Section Three. The General Manager of the District shall cause to be given appropriate notice to the donors of the accept- ance of this gift. The General Manager further is authorized to execute any and all other documents in escrow necessary or appro- priate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $1,000 to cover the cost of title insur- ance, escrow fees , and other miscellaneous costs related to this transaction. RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ACCEPTING GIFT OF 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 (THORNE- WOOD OPEN SPACE PRESERVE - PROCTER 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, with gratitude, the gift of real property described on Exhibit A, affixed hereto and by this reference made a part hereof, and to be conveyed by a Gift Deed from Robert Procter et ux. to the Midpeninsula Regional Open Space District. Section Two. The President of the Board or other appro- priate officer is authorized to execute a Certificate of Acceptance for said Gift Deed conveying title to the property being donated to Y g P P the District. Section Three. The General Manager of the District shall cause to be given appropriate notice to the donors of the accept- ance of this gift. The General Manager further is authorized to execute any and all other documents in escrow necessary or appro- priate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $1,000 to cover the cost of title insur- ance, escrow fees , and other miscellaneous costs related to this transaction. I'F EXHIBIT "A" PAGE 1 OF 1 The land herein referred to is situated in the State of California, County of San Mateo, Town of Woodside, and is described as follows : All those parcels as shown on that certain map entitled "MAP OF PORTOLA HILLS , SAN MATEO COUNTY, CALIFORNIA, " filed in the office of the County Recorder of San Mateo County, State of California on June 28 , 1910 , in Book 7 of Maps at page 20 , more particularly described as follows: PARCEL I: THAT CERTAIN tract of land shown on said Map marked "WATER RESERVE No. 5" which lies between Lots 25 , 30 and 26 . Also that certain tract of land marked "WATER RESERVE NO. 6" on said map which lies between Lots 39 and 44 and Lots 40 and 43 . Also that certain tract of land marked "WATER RESERVE NO. 7" on said map which lies between Lots 20 and 26 . ACCEPTING AND RESERVING unto the Grantors hereunder, the right to take water for residential purposes (including outdoor watering of garden and yards) for residential structures located on Grantors remaining property. Such water rights shall be non-exclusive and include the right of ingress and egress as reasonably necessary to maintain, replace and repair the existing water collection and storage system. The District shall have no responsibility for the quality of water so obtained. APN 075-212-090 075-220-040 075-220-050 075-220-080 R-86-127 (Meeting 86-30 Al N1001 December 22, 1986 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT December 12, 1986 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Initial Legislative Program for 1987-1988 Legislative Session and Contract for Legislative Consultant Services Recommendation: I recommend that you adopt an Initial Legislative Program for the 1987-88 Legislative Session and that you authorize the President to enter into an agreement (which I expect to have ready after the Legislative Committee meets but in time for your Board meeting) for Legislative Consultant services. Introduction: At your meeting of November 24 , 1986 1 gave you a final status report on the District' s Legislative Program for the 1985-86 two year session of the California State Legislature (see report R-86-111 of November 13, 1986) . At that meeting you also heard from Loren Smith and Ralph Simoni of California Advocates, which is the firm in Sacramento that has acted as the District' s legislative consultants. As you will recall, Ralph Heim, who had done the District' s work as a member of California Advocates for the past four years, has left that firm to join another. Mr. Heim is now with Jackson/Barish & Associates, governmental affairs consultants in Sacramento. The District' s contract (attached) with California Advocates expired on September 30 and has been renewed on a month to month basis since then. Discussion: Your Legislative Committee will be meeting on December 18 to discuss both a new Legislative Program for the District as well as the District' s representation in Sacramento. Attached is a list of proposed items to be included in the Legislative Program. Also attached is a memorandum from J. Fiddes to me regarding item No. 3. The definition of various priorities is given in your Policies for Handling Legislative Matters, adopted July 25, 1979. By sponsoring legislation, the District would take the initiative to have the proposed legislation introduced (possibly in concert with others) and would follow through afterwards. By supporting legislation, the District would be involved in helping with legislation sponsored by others. These legislation ideas will be discussed in detail with the Committee and possibly modified before your December 22 Board meeting. The overall scope of the proposed program is similiar to that of the past few years. The District has retained a Legislative Consultant in Sacramento since January, 1979 when the District hired California Advocates to help us cope legislatively with the impact of Proposition 13. Since that time, the fees that the District has paid have been repaid by orders of magnitude in direct financial benefit through protection of the R-86-127 Page 2 District' s property tax base. Additionally, the firm has helped on many, many occasions to influence legislation in ways favorable to the District and has carried legislation the District initiated, including, for example, matters ranging from changes in the District' s enabling legislation to sale of the Edgewood State College site to the District and San Mateo County. The only way the District could have begun to accomplish these matters without assistance from a consultant who is in Sacramento full time would have been to devote much more in the cost of staff resources than has been spent for the consultant' s services. In any case, in order to conduct a Legislative Program that has been as varied and effective as the District' s has been, it would be necessary to have either staff or a consultant in Sacramento on a continuing basis. The District has been paying $1000 per month for these services since July 1, 1985. 1 will be discussing with the Committee various possible options for representa- tion, in particular continuing to retain California Advocates versus continuing with Ralph Heim at his new firm. I anticipate that the Legislative Committee will make recommendations to you on December 22 relative to a new Legislative Program and to legislative consultant services. 4y 3 .can�terr MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CONSULTING SERVICES AGREEMENT THIS AGREEMENT, entered int o this _ 1st day of October 1985 , by and between MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, hereinafter called "District, " and CALIFORNIA ADVOCATES, INC. , a California Corporation, hereinafter called "Legislative Consultant" or "Consultant. " The parties hereto mutually agree as follows: 1. Employment of Consultant. District hereby agrees to engage Con- sultant and Consultant hereby agrees to perform the services herein- after set forth in this agreement. 2. Scope of Services. Consultant shall do, perform and carry out in a satisfactory and proper manner, as determined .by District, the following services : a. Become familiar with District's Legislative Program for 1985-1986 and its special legislative concerns. b. Advocate legislation or amendments to . Sacramento legislators and administrators and their staffs which will enhance District's funding or result in other legislation favorable to District, with an emphasis on District's Legislative Program for 1985 1986 and related matters, and other legislative or State t administrative matters as may be assigned from time to time. C. Monitor and advise of status of pending legislation which may affect District. d. Evaluate and advise District as to the political climate in Sacramento, the best channels for influencing legislation affecting District, desirable kinds of legislation in light of District 's problems, purposes and goals, and the best strategies for achieving legislation favorable to District. e. Maintain and improve liaison between District and members of the Legislature and the State Administration. f. Attend legislative hearings and other legislative meetings on behalf of District when a District representative is unable to be there or as otherwise appropriate. g. when beneficial to District, coordinate District efforts with advocates of other regional park or open space districts, special district associations, park and recreation associations , and other appropriate organizations . 3 . Responsibility of District. District shall cooperate with and furnish necessary data to Consultant in every reasonable way to assist Consultant in carrying out its services under this Contract. Consultant' s principal contact with District shall be District's General Manager or designee. h 4. Personnel. a. Consultant represents that it has , or will secure at its own expense, all personnel required in performing the services under this Contract. Such personnel shall 1 not be employees of or have any contractual relationship with District. b. Unless otherwise approved by the General Manager or his designee, the services described in paragraph 2 of this agreement g Bement shall be personally Performed by Ra l h A. Heim and Loren V. Smith. 5. Time of Performance. The services of Consu ltant nt are to commence July 1, 1985 and continue through September 30 , 1986. 6 . Compensation. District agrees to pay Consultant at a fixed monthly rate of $1000 Per mont h. Sa id shall payments be prorated for any fractional month at the beginning g g and end of the contract period. Such compensation shall constitute the totes ,1 a mou nt nt a a p y ble by District under this agreement and shall include all costs and expenses of Consultant. Consultant shall bill District at the end of each calendar month, and the District shall remit within 30 days of said billings. 7 . Termination of Contract. District shall have the right to terminate this agreement by five (5) days written notice at any time, with or without cause. Consultant shall be entitled to compensation for all services rendered up to the date of termina- tion. Consultant also shall have the right to terminate this agreement by fifteen (15) days written notice at any time, with or without cause. 8. Equal Employment Opportunity. Consultant shall not willfully discriminate against any employee or applicant for employment because of race, color, sex, religion, ancestry or national origin. Consultant shall take affirmative action to ensure that applicants are employed without regard to their race, color, sex, religion, ancestry, or national origin. Such action shall include, but not be limited to, the following : employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 9 . Assignability. Consultant shall not assign or transfer any interest in this agreement, or any payments to be received here- under, without the prior written consent of District. 10. Interest of Consultant. Consultant covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of services required under this agreement. Consultant shall from time to time advise the General Manager of the District as to the names of other persons and/or organizations that Consultant represents in legislative matters. 11. Findings Confidential . Any reports , information, data, etc. given to or prepared or assembled by Consultant under this contract which District requests to be kept as confidential shall not be made avail- able to any individual or organization by Consultant without the prior written approval of District. III -2- 12. Use of Funds. Consultant- shall not expend any of the funds received as compensation hereunder in support of any candidate for any political office. Compensation is limited to the cost of services actually rendered and expenses, and specifically does not include political contributions of any type whatsoever. IN WITNESS WHEREOF District and Consultant have executed this agreement as of the date first above written. MIDPENINSULA REGIONAL OPEN SPACE .DISTRICT By s•, ' resident, Board of Directors CALIFORNIA ADVOCATES , INC. Consultant By i December12 , 1986 i I 1987-88 Legislative Program Ideas and Proposed Priorities 1. Amendment to Public Resources Code (P .R.C. 5544 .2) to allow a district to enter into indebtedness for a term of up to 20 years (rather than the current 10 years) and for maximum outstanding debt to be next 5 years anticipated tax revenue (rather than the current 4 years) (New idea, : sponsor, "A" priority) Comment. The District' s Controller has calculated that the District could purchase $13. 8 million more land over the next ten years while reducing average annual debt service if g we could issue 20 year public notes. .2. Housekeeping amendments to P.R.C. 5554 regarding timing of annual audit (New idea, sponsor, "B" priority) The board, ai�itS �rs: ti)c )t�l;a„":n� t}) C�:Q Of IiC jic'a' r C:tilc, -• ,� t �, -ri r-loz5�' Ake-=r'ir ota_p+,it A16- viv EWb " to h:' FC-6clerccl no imt r tllan �0 C 3%.-S after .. t ?11 s iO of 17s FISGAL be publis1j1cd at )cast oncc, in a nev..•spVer oj 8--De-1-al 4itC'l.' doll .. yWAR printed and pt.hlisbcd in the district, a veriflc-d ce=:i Fed nitblic . accountant's or verified public accoiint:il7t*5 ?tlClit or thr f:lf�ii itll condition of the district, j:ar ticularly ?li; and ?,is- Z' ur2:c'.it7ents and bi Mince of ass :I$ and li2mlities ra- `the i:'st ilnv year. Comment: The District usually contracts for its audit somewhat before the end of the fiscal year so that the auditors can get started early and complete their work within the first quarter of the new fiscal year. The proposed changes would clarify that this procedure conforms with the code. 3. Amendment to P.R.C. to allow a district ' s board of directors to cancel an uncontested election. (New idea, sponsor, "B" priority) 4. Sen. Lockyer authoring a bill (SB 100) to help implement a San Francisco Bay shoreline trail (New idea, support, "A" priority) 5. Modification of Brown Act to allow Closed Session discussions of properties within master plan planning area, possibly without a list or parcel-specific notice - Board decision needed to pursue; item in Land Acquisition Policy Committee. (Carryover item) i I 2 6. Funding for proposed Bear Creek Redwoods State Park if property becomes available at reasonable cost (Carryover item, sponsor or support, "A" priority) 7. Funding for trail corridor connections, in fee or easements, from MROSD lands to State parks (Carryover item, sponsor or support, "A" priority) 8 . Require a redevelopment agency, when it shares a portion of the tax increment with one entity levying taxes within the redevelop- ment area, to share with other entities levying taxes within the redevelopment area an equal percentage of taxes that would have been lost by each entity. (Carryover item, sponsor or support, "B" priority) 9. State bond act for parks and open space (Support, "A" priority) 10. Appropriation for Roberti-Z "berg-Harris urban park and open space program (Support, "A" priority) MIDPENINSULA REGIONAL OPEN SPVtiCl DISTI-i[CT MEMORANDUM October 29, 1986 TO: H. Grench, General Manager FROM: J. Fiddes, Administrative Services Manager` ;i SUBJECT: Possible Change in Resources Code - Ability to Cancel an Election if Only One Candidate John Molchan at Santa Clara County Elections called me earlier this month and cited Section 5532, Paragraph Four, as the one he and George Mann feel prevents us from canceling an election if there is only one candidate in a ward. It reads : "Upon the filing of a sufficient nomination paper and declaration of candidacy by any candidate, the name of the candidate shall_ go upon the ballot at the ensuing general election. " John said he and Mr. Mann would be willing to help us with word- ing to allow MROSD to cancel an election if there ' s only one candidate. I think this change in the Resources Code is north pursuing so that the Board could have the option to cancel a single candidate election . if they so choose. ' Let me know if I need to provide more info. R-86-136 (Meeting 86-30 December 22, 1986) Dow MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT December 22, 1986 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Initial Legislative Program for 1987-1988 Legislative Session and Contract for Legislative Consultant Services Recommendation; I make the following recommendations; (1) that you adopt the attached Initial Legislative Program for the 1987-88 Legislative Session; (2) that you authorize the President to enter into the attached agreement with Jackson/Barish & Associates for legislative consulting services; (3) that you adopt the attached Policy for Evaluating Redevelopment Projects; (4) that you instruct Legal Counsel to report at a January meeting, giving an analysis of AB 2674 , the status of the District' s existing compliance with it, and any recommended changes in your Rules of Procedure. Discussion: Following my recent report to you on the above subject (see report R-86-127 dated December 12, 1986) , the Legislative Committee met to consider the Legislative Program and our consultant services. The attached recommended program differs in two respects from that shown in my December 12 report. First, the item (originally no. 3) for legisla- tion that would allow a district' s board to cancel an uncontested election has been dropped after discussion by the Committee. The Committee felt that the voters should know who is running for election even if uncontested. Second, item no. 6 in the attached list relating to trail corridor connec- tions was moved from an "All to a "Blo priority to reflect more accurately a realistic level of effort of this item compared to the "A" priority items. The Legislative Committee, whose members are currently the same as the Land Acquisition Policy Committee, noted that the latter committee would be, taking up the question of amendments to the Brown Act (item no. 4 on the attached list) early in 1987 . The Committee discussed the main options regarding legislative consulting services, namely, continuing to retain California Advocates, Inc. , but with a new consultant versus continuing to employ Ralph heimbut through his new firm, Jackson/Barish and Associates, Inc. Although the Committee agreed that California Advocates had done an excellent job as a firm, Ralph Heim was already very familiar with the District's legislative needs and has done very well for the District for the last four years. The Committee reviewed the client list of Jackson/Barish and found no conflicts with the District' s program. The Committee agreed that the District could increase the fee from $1000 to $1050 per month (a 5% increase) provided the contract would be for the full two year legislative session. Jackson/Barish has agreed to these conditions. Given the facts that fees have not increased R-86-136 Page two since July 1, 1985, that the Consumer Price Index has gone up by 3% since then, that Ralph Heim has done an excellent job, and that there will be no further increase in fees for the next two year session the increase is nominal. The proposed agreement is essentially the same in other respects as the previous contract. In addition to legislative remedies for the effects of tax increment financing for redevelopment projects (item no. 7 in the attached list) , the Committee also discussed the process through which proposed redevelopment projects are evaluated. Since both technical and political factors are involved, I feel that it is important that the process be defined and con- tinue to include participation by Board members . The attached proposed Policy for Evaluating Redevelopment Projects reflects the discussion with the Legislative Committee. The Legislative Committee also briefly reviewed Assembly Bill 2674 , which will become law on January 1. This bill made certain changes in the Brown Act. The Committee felt that a report from District Legal Counsel to the Board should be made in the immediate future analyzing the bill, the status of the District' s existing compliance with it, and any recommended changes in your Rules of Procedure. It appears that, essentially, the District has always had procedures that comply with the new requirements. December 22, 1986 1987-88 initial Legislative .Program and Proposed Priorities 1. Amendment to Public Resources Code (P.R.C. 5544 . 2) to allow a district to enter into indebtedness for a term of up to 20 years (rather than the current 10 years) and for maximum outstanding debt to be next 5 years anticipated tax revenue (rather than the current 4 years) (New idea, sponsor, "A" priority) Comment: The District' s Controller has calculated that the District could purchase $13. 8 million more land over the next ten years while reducing average annual debt service if we could issue 20 year public notes. 2. Housekeeping amendments to P.R.C. 5554 regarding timing of annual audit (New idea, sponsor, "B" priority) The board. at S iITS'. inc::t"t`-* I !' 1i:' c � tsli :n� tll G'a d Oi-rt_ irasr`r�irT'�► aup+,�l >v�- 714E �IJD C ust to b:' 1—epd .y etl no Ic l;r tb it 0 � t i::'1 is pp tTS F ISGhL be ptiblis]�ed at )east once, in a net-.•spaper o, R*Cf)t. al circ-u'.aliolj " printed and published in the district, a verified c:e-ei ed p ulblic accountant's or veri ie:d public e`:11d it or Ihz- fna:;;;ia.l condition of the district, sliowhic, p _6cularb- Ill- and d.is- bursemc'nts and Ui Mince of [:5::t$ ?II T For iijC . year. Comment: The District usually contracts for its audit somewhat before the end of the fiscal year so that the auditors can get started early and complete their work within the first quarter of the new fiscal year. The proposed changes would clarify that this procedure conforms with the code. 3 . Sen. Lockyer authoring a bill (SB 100) to help implement a San Francisco Bay shoreline trail (New idea, support, "A" priority) 4 - . Modification of Brown Act to allow Closed Session discussions of properties within master plan planning area, possibly without a list or parcel-specific notice - Board decision needed to pursue; item in Land Acquisition Policy Co mmittee. ommi ttee. Y (Carryover item) i I 2 5 . Funding for proposed Bear Creek Redwoods State Park if property becomes available at reasonable cost (Carryover item, sponsor or support, "B"; priority) 6 . Funding for trail corridor connections, in fee or easements, from MROSD lands to State parks (Carryover item, sponsor or support, "A" priority) 7. ' Require a redevelopment agency, when it shares a portion of the tax increment with one entity levying taxes within the redevelop- ment area, to share with other entities levying tE_xes within the redevelopment area an equal percentage of taxes that would have been lost by each entity. (Carryover item, sponsor or support, "B" priority) 8 . tState bond act for parks and open space (Support, "A" priority) 9 • 'Appropriation for Roberti-Z "berg-Harris urban park and open space program (Support, "A" priority) i DRAFT POLICY FUR EVALUATING REDEVELOPMENT PROJECTS Since tax increment financing of redevelopment projects may in some cases have a substantial negative effect on future property tax revenues of the Midpeninsula Regional Open Space District, the District will evaluate the potential financial impact of each proposed projectiwithin the District. For each such project, an ad hoc committee consisting of the General Mana- ger, the District' s Board member (s) that represents the portion of the District which includes the proposed redevelopment area, and the Presi- dent of the Board or Vice President if the President is already included as representing that area of the District) . Each such committee will report 'to the Board from time to time or seek advice or action from the Board as the committee deems appropriate. In accordance with the Board' s Rules of Procedure, an individual committee member may also give . an informational report or place a matter on the Board' s agenda (meeting notices , procedure for oral communications , etc'. ) l �► ot MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CONSULTING SERVICES AGREEMENT .THIS AGREEMENT, entered into this 22nd day of December, 1986 by and between MIDPENINSULA 'REGIONAL OPEN SPACE DISTRICT, hereinafter called "District, " and JACKSON/BARISH & ASSOCIATES, a California Corporation, hereinafter called "Legislative Consultant" or "Consultant. " The parties hereto mutually agree as follows : 1. Employment of Consultant. District hereby agrees to engage Consul- tant and Consultant hereby agrees to perform the services herein- after set forth in-this agreement. 2. Scope of Services . Consultant shall do, perform and carry out in a satisfactory and proper manner, as determined by District, the following services : a. Become familiar with District ' s Legislative Program for . 1987-1988 and its special legislative concerns . b. Advocate legislation and amendments to legislation to Sacramento legislators and administrators and their staffs which will enhance District' s funding or result in other legislation favorable to District, with an emphasis on District's Legisla- tive Program for 1987-1988 and related matters , and other legislative or State administrative ma tters atter E s as may g be assigned from time to time . C. Monitor and advise of status of pending legislation which may affect District. -d. Evaluate and advise District as to the political climate in Sacramento, the best channels for influencing legislation affecting District, desirable kinds of legislation in light of District's problems , purposes and goals, and the best strategies for achieving legislation favorable to District. e. Maintain and improve liaison between District and members of the Legislature and the State Administration. f. Attend legislative hearings and other legislative meetings on behalf of District when a District representative is unable to be there or as otherwise appropriate . g. When beneficial to District, coordinate District efforts with advocates of other regional park or open space districts , special district associations , park and recreation associations , and other appropriate organizations . 3. Responsibility of District. District shall cooperate with and furnish necessary data to Consultant in every reasonable way to assist Consultant in carrying out its services under this Contract. Consultant' s principal contact with District shall be District's General Manager or designee . 4. Personnel. a. Consultant represents that it has, or will secure at its own expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of, or havq any contractual relationship with District. b. Unless otherwise approved by the General Manager or his desig- nee, the services described in paragraph 2 of this agreement shall be personally performed primarily by Ralph A. Heim, with Clayton Jackson as back-u . principal P 5. Time of Performance. The services of Consultant are to commence January 1, 1987 and continue through September 30 , 1988. i 6 . Compensation. District agrees to pay Consultant at a fixed monthly i� rate of $1050 per. month. Said payments shall be prorated for any fractional month at the beginning and end of the contract period. Such. compensation shall constitute the total. amount payable by District under e this agreement and shall include all costs and expenses of Consultant. Consultant shall bill District at the end of each calendar month, and the District shall remit within 30 days of said billings. 7. Termination of Contract. District shall have the right to ter- '. , minate this agreement by five (5) days written notice at anytime, with or without cause. Consultant shall be entitled to compen- sation for all services .:rendered up to the date of termination. Consultant also shall have the right to terminate this agreement by fifteen (15) days written notice at any time , with or without cause. 8. Equal Employment Opportunity. Consultant shall_ not willfully discriminate against any employee or applicant for employment because of race, color, sex, religion, ancestry or national origin. Consultant shall take affirmative action to ensure that applicants are employed without regard to their race, color, sex, religion, ancestry, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 9. Assignability. Consultant shall not assign or transfer any interest in this agreement, or any. payments to be received hereunder, without . the prior written consent of District. 10. Interest of Consultant. Consultant covenants that it presently has no interest, and shall not have . any interest , direct or indirect, which would conflict in any manner with the performance of services required under this agreement. Consultant shall from time to time advise the General Manager of the District as to the names of other persons and/or organizations that Consultant represents in legislative matters. 11. Findings Confidential. Any reports , information, data, etc. given to or prepared or assembled by Consultant under this contract which District requests to be kept as confidential shall not be made available to any individual or organization by Consultant without the prior written approval of District. -2- 12 . Use of Funds. Consultant shall not expend any of the funds received as compensation hereunder in support of any candidate for any political office. Compensation is limited to the cost o•f .services actually rendered and expenses, and specifically does not include political contributions of any type whatsoever. IN WITNESS WHEREOF District and Consultant have executed this agreement as of- the date first above written. 7 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT By Edward Shelley, President Board of Directors JACKSON/BARISH & ASSOCIATES Consultant By i i i 3- R-86-135 (Meeting 86-30 December 22, 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT December 15, 1986 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT : Dedication Status of District Lands Recommendation: I recommend that you adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Dedicating Interests in Certain District Lands for Public Open Space Purposes. Introduction: In accordance with the Board's Dedicated Lands Policy as last amended January 22, 1986 (see report R-86-03 dated' January 13 , 1986) , an annual report indicating the status of District' lands as dedi- cated or undedicated is to be presented to you in December of each year. According to this Policy, "Normally, undedicated lands within the Dis- trict 's boundaries will be held for future dedication to park or open space, or both, purposes , but only after the n'ecessary planning, boundary adjustments, provision for permanent access and other changes in configur- ation, which may involve the disposal or exchange of interests in all or portions of such lands , have been completed." During the year, part of the use and management planning decisions the Board makes for specific parcels and preserves is whether to indicate by motion an intention to dedicate certain interests in land, such as fee title or open space or trail easements. Since it might benefit the program of the District at some future time to apply development density credits from dedi- cated District land to other.,lands,, dedication of these credits is often not to be included. In December all District lands are reviewed at one 1. time, and dedications are normally to be done then by resolution. Note that although a motion of intent to dedicate might be adopted when the Interim Use and Management Plan for a new acquisition is approved, this does not mean that the parcel would necessarily be dedicated the following December. That is , it may often be prudent to wait until the Use and Management Plan for the whole preserve is adopted or reviewed. Status Summary: Table 1 gives a summary of the dedication status of District preserves and preserve subareas. Only those parcels on which escrow closed on or before December 15, 1986 are included. The columns showing the figures for undedicated interests in land include in paren- thesis the amount of acreage for which you have adopted a motion of tenta- tive or final intent to dedicate. As an example, of the 579 acres total in La Honda Creek Open Space Preserve, 250 acres (the Dyer property acquisition) are currently intended for dedication at some point in time. Table 2 lists those property interests for which acquisition has been approved but escrow has not closed by December 15 and those that are to be considered for acquisition at your December 22 Board meeting. R-86-135 Page two New Dedications : Exhibit "A" of the Resolution lists property interests that are being recommended for dedication. Only those properties for which escrow has closed (i.e. , excluding those listed in Table 2) and those for which you have made final adoption of a motion of intention to dedi- cate were considered for dedication. The former Panighetti property, now part of Long Ridge Open Space Pre- serve , is the only land included in Table 1 where the intention to dedicate has been tentatively but not finally approved. The following discussion relates to some of the particular properties that were considered for dedication at this time. Emphasis was placed on those parcels for which dedication seems very straightforward and not dependent upon reviewing the preserves in question in a comprehensive way as done in the Use and Management Plan formulation and review. For some of the preserves an intention to dedicate will undoubtedly be made when the Use and Management Plans are formulated or reviewed. Edqewood County Park: The open space easement, allowing only public park, recreation, and open space uses of the property, was acquired by the District as part of the joint acquisition with San Mateo County of the 468 acre park site. The easement has never been considered for dedication or for withholding from dedication. La Honda Creek: Although you have adopted an intention to dedicate the rmer Dyer property, no such action was taken on the rest of this pre- serve . It would be wise to waitat least until the Initial Use and Manage- ment Plan is formulated before dedicating any portion of La Honda Creek Open Space Preserve . Rancho San Antonio: The 1. 3 acre Cunningham property addition can be dedicated without waiting for the Use and Management Plan review. Russian Ridge : Part or all of the 520 acre Peters property addition will be recommended for dedication at the forthcoming Use and Management Plan review. Los Gatos Creek Park: The former San Jose Water Company property con- sists of a strip of land, part of which crosses the District' s Los Gatos Creek Park and the rest of which crosses Novitiate Park owned by the Town of Los Gatos. As the acquisition report stated, fee title to the portion within Novitiate Park is intended to be conveyed to the Town of Los Gatos with the District retaining a trail easement through the Novitiate Park. Therefore, although you have adopted a motion to dedi- cate this parcel, action might well be deferred until the details of a transaction are worked out with Los Gatos. The 94 acre open space easement area that the District and the Town of Los Gatos acquired from the Society of the Province of Jesus was not dedicated when the fee area was. The easement can be dedicated now. Kennedy Road Area: Of the eight acquisitions comprising the 796 acre Kennedy Road Area of Sierra Azul Open Space Preserve , only the 21 acre former PM & Associates property is dedicated. This property was recommended for purchase because it could serve as a site for a parking lot off Kennedy Road and be a gateway to the Sierra Azul Preserve,­ especially the Kennedy Road Area. When each Interim Use and Management Page three R-86-135 Plans for the four acquisitions in 1986 , which total 327 acres , was adopted, a motion of intention to dedicate these parcels was adopted. Although not acted upon by the Board, the staff report for the most recent of these acquisitions indicated that we would be suggesting dedication of additional acreage in the Kennedy Road Area, beyond the 327 acres , since the Area was expected to becomea,usable unit. However, to this point staff has been unsuccessful in obtaining approval for a parking lot from the Town of Los Gatos , but we expect to be submitting a revised plan in the near future. It would seem prudent to withhold dedication of further lands in the Kennedy Road Area until parking lot approval is obtained, since conceivably some of the Area might be con- sidered for sale for housing development if the area cannot be made usable as intended. An exception to withholding would be the 125 acre Eilertsen property addition, jointly acquired by the District and the Town of Los Gatos , where the District is already obligated under the agreement to dedicate the site. A second exception would be the fee and easement areas of a portion of the former Blair property which were offered to the District, and accepted, as part of site development approval. Sierra Azul - Limekiln Canyon: The 160 acre former Luckenbach property can safely be dedicated without waiting for the Use and Management Plan review since the rest of the Limekiln Canyon Area, except for a non- contiguous 40 acre portion, is a usable, dedicated site. Stevens Creek - Shoreline : The approximately one acre road easement along the levee that was acquired from the Santa Clara Valley Water District was overlooked when the 54 acre fee interest was dedicated. The easement can be dedicated now. Summary : Of the 22,646 acre total of interests in land, 16 ,454 acres are dedicated (73%) , and 6 ,192 acres are undedicated (27%) . Most of the undedicated acreage is in the Sierra Azul Open Space Preserve. if the additional lands recommended herein are dedicated, 17,345 acres would be dedicated (77%) , and 5 ,301 acres would be undedicated (23%) . RESOLUTION NO. 86-79 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DEDICATING INTERESTS IN CERTAIN DISTRICT LANDS FOR PUBLIC OPEN SPACE PURPOSES The Board of the Midpeninsula Regional Open Space District does hereby resolve as follows : Section 1. Pursuant to Resolution No. 86-6 , the Board of Directors does hereby dedicate for public open space purposes (pursuant to Public Resources Code Section 5540) the interests in land held by the District shown on Exhibit "A" affixed hereto, except for possible development rights which might be transferred to or for the benefit of other lands . I Exhibit "A" Interests in Land to be Dedicated (Except for Potential Density Credits) Board Approval Closing Property Preserve - Area Grantor Date Date Acreage Interest Edgewood County Park County of 23-Jul-80 10-Oct-80 468 easement San Mateo Rancho San Antonio Cunningham 18-Jun-86 22-Jul-86 1.3 fee Sierra Azul-Los Gatos Creek Soc. of Prov. 12-Sep-84 19-Oct-84 94 easement of Jesus Sierra Azul-Kennedy Road Blair 11-Jun-86 06-Nov-86 4 fee Sierra Azul-Kennedy Road Blair 11-Jun-86 06-Nov-86 38.42 easement Sierra Azul-Kennedy Road Eilertsen 26-Feb-86 28-Mar-86 125 fee Sierra Azul-Limekiln Canyon Luckenbach 10-Sep-86 31-Oct-86 160 fee Stevens Creek-Shoreline Santa Clara 25-Mar-76 27-Mar-81 1 easement Valley Water District I I Table 1 DEDICATION STATUS SUMMARY* Acreage Fee Easement & Lease Fee, Easement & Lease Fee, Easement & Lease Preserve - Area Dedicated Undedicated** Dedicated Undedicated** Dedicated Undedicated**- Dedicated & Undedicated Edgewood County Park 468 468 468 Hassler 293 293 293 El Corte de Madera Creek 595 595 595 La Honda Creek 579 (250) 579 (250) 579 Purisima Creek Redwoods 2509 2509 2509 Coal Creek 158 229 158 229 387 Los Trancos 274 274 274 Thornewood 87 36 14 87 50 137 Windy Hill 594 108 1 594 109 703 Foothills 171 10 171 10 181 Rancho San Antonio 890 81 (1) 890 81 (1) 971 Rancho San Antonio-Windmill 761 638 1 1399 1 1400 Pasture Monte Bello 66 66 66 Monte Bello-Page Mill Road 2633 2633 2633 Monte Bello-Picchetti Ranch 307 307 307 Saratoga Gap 412 196 412 196 608 Long Ridge 591 191 (177) 182 13 773 204 (177) 977 Russian Ridge 790 520 (520) 790 520 (520) 1310 Russian Ridge-Mt. Melville 45 45 45 Skyline Ridge 1119 54 81 1200 54 1254 Fremont Older 734 4 734 4 738 Briggs Creek 1 1 1 Costanoan Way 2 1 2 1 3 El Sereno 985 83 985 83 1068 Los Gatos Creek Park 170 3 (3) 94 170 97 (3) 267 Sierra Azul 20 20 20 Sierra Azul-Kennedy Road 21 737 (289) 38 (38) 21 775 (327) 796 Sierra Azul-Limekiln Canyon 814 200 (160) 30 844 200 (160) 1044 Sierra Azul-Mt. Umunhum 142 2434 9 142 2443 2585 Ravenswood 274 98 372 372 Stevens Creek-Shoreline 54 1 54 1 55 Totals 15425 5528 (1400) 1029 664 (38) 16454 6192 (1438) 22646 *Includes only interests acquired (escrows closed) on or before December 15, 1986. **Portion of undedicated lands for which Board has adopted (tentatively or finally) an intention to dedicate shown in parentheses. Table-2 STATUS OF LAND PURCHASES PENDING Preserve Area Grantor Acreage & Interest Notes El Corte de Madera Creek Hosking Ranch, Inc. 2117 fee, 54 easement Acquisition approved; intention to dedicate tentatively adopted La Honda Creek Winkle 3 fee Acquisition to be considered 12/22; intention to withhold recommended Thorne wood Procter 10 fee Acquisition to be considered 12/22; intention to withhold recommended Sierra Azul Mt. Umunhum Kidwell 436 fee Acquisition approved; intention to withhold tentatively adopted North 182 fee Acquisition approved; intention to withhold tentatively adopted Milner 1 fee Acquisition approved; intention to withhold tentatively adopted La Croix 338 fee Acquisition approved; intention to dedicate tentatively adopted Schofield 38 fee Acquisition to be considered 12/22; intention to withhold recommended Howatt 160 fee Acquisition to be considered 12/22; intention to withhold recommended Miller 160 fee Acquisition to be considered 12/22; intention to withhold recommended Jamison 40 fee Acquisition to be considered 12/22; intention to withhold recommended R-86-132 (Meeting 86-30 December 22, 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT December 17 , 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager; W. Goggin, Real Property Representative SUBJECT: Accelerated Payment of Notes Used to Purchase Land Recommendation: I recommend that you approve repurchase of the five secured promissory notes as summarized on the attached tabulation on the basis of a 5% discount for each note, plus interest payments due through December 31, 1986, and authorize the General Manager to take all action necessary to com- plete the repurchases. Discussion: In connection with a public note issue to be scheduled for February, 1987, as proposed on the December 22 agenda, some of the District's higher rate installment contract debt would be slated for early retirement. Because of the favorable market, it will be possible to replace existing 8% secured debt with approximately 6% unsecured notes . Recently staff, including District Controller Michael Foster, investigated the possibility of a year-end discount in anticipation of this public note issue. It appeared that many of the note holders might be benefitted from both tax and reinvestment standpoints by payment in full of the outstanding principal amounts, if the repurchases could be completed by the end of 1986. Twelve holders of higher interest, non-subordinated notes were contacted with a proposal for District repurchase of their notes at a 5% discount of the principal, plus interest payment on the undiscounted principal through Decem- ber 31, 1986. The holders of five notes indicated their acceptance of this proposal . The accompanying tabulation identifies the notes and the District' s potential savings in principal payments totalling $23 , 650 . Additional interest costs would be reduced as a result of the new February note issue. The aggregate note repurchase payments would amount of $478 ,965.90. The proposed repurchase is advantageous for the District; however, this recommendation is predicated upon the February sale of the District's notes, as without it there would be insufficient capital to carry out the District's acquisition and management programs. I NOTES RECOMMENDED FOR REPURCHASE PRINCIPAL BALANCE AND LESS 5% INTEREST TOTAL PRINCIPAL NOTE SUMMARY REMAINING TERM DISCOUNT TO 12-31-86 PAYMENT SAVINGS Closs - Rancho $115,200 $109,440 $2,802.59 $112,242.59 $ 5,760.00 San Antonio OSP 9 years 8% Non-subordinated Crist I - Russian 111,300 105,735 8,904.00 114,639.00 5,565.00 Ridge OSP 2 years 8% Non-subordinated Crist II - Russian 105,000 99,750 8,400.00 108,150.00 5,250.00 Ridge OSP 2 years 8% Non-subordinated Guadalupe Rubbish - 106,500 101,175 8,193.21 109,368.21 5,325.00 Sierra Azul OSP 4 years 8% Non-subordinated Jenkins - Skyline 35,000 33,250 1,316.10 34,566.10 1,750.00 Ridge OSP 1 year 7.5% Non-subordinated TOTAL $478,965.90 $23,650.00 F— M-86-81 (Meeting 86-30 December 22 , 1986) Nblool MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM December 22, 1986 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Holiday Plans I plan to be out of the office from December 29 through January 2 . Please let me know if that would cause any problem. M-86- 80 (Meeting 86-30 December 22, 1986) AIM 0 OW MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM December 22 , 1986 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Revised Underwriting Agreement Attached is a revised proposed underwriting agreement with non-substantive changes from that version transmitted with M. Foster's report R-86-129 of December 15, 1986 . WRITTEN COMMUNICATION Meeting 86-30 Dec. 22 , 1986 Nov 26 ]988 1 November 25. 1996 RESPONSE ACTION PROPOSED BY STAFF Mldpenlnsula Regional Open Space District — Board President Acknowledge/Respond O l d Mill Office Center _ Director Acknowledge/Respond Building C, Suit 135 — Staff Acknowledge/Respond 201 San Antonio Circle X_ Draft Response Attached Mountain View, CA 94040 — Staff to be Directed to Prepare Draft Response for Board Consideration per Board Directive(s) Other Dear Directors: There is a problem at the Rancho San Antonio Open Space Preserve which I am reluctant bring up because I am unable to suggest an ideal solution. The problem involves runners, particularly large groups of runners. I walk six or seven miles, in the open preserve, once or twice a week. On really bad days I'm passed by as many as 30 runners, often in groups of five or more. Although I' ve never been knocked down. I have been forced off of trails on a number of occasions. It seems to me that it is only a matter of time until someone is seriously injured. I have no trouble with one or two runners, they seem to be more considerate of walkers and rarely pose a problem. There is a kind of mob mentality with the larger groups, they tend to assume that the trails belong to them alone_ f One solution, of course, is to ban running in the preserve. This seems unfair to those who conduct themselves in a civilized fashion. It also goes counter to my belief that people should be encouraged to use the preserve. Another approach would be to ban group running. This would address my complaint, but I have no idea how you would ' enforce such a policy. Attached is a trail map with the problem areas marked in I red. These are the trails which I find too narrow to allow for safe passing by runners. The other trails are, generally, quite wide and cause few difficulties. Perhaps, running should be eliminated only in the trouble spots. Again, this is not an easy regulation to police. Perhaps running could be restricted to certain days of the week. If running was only allowed on Mondays and Wednesdays, for instance, I would simply not go to the preserve on those days. i 1 I'm sorry that I cannot suggest more practical solutions. but I submit that there is a problem and it needs to be addressed. The above is +or your consideration. Respectfully yours„ Gordon E'+''randt 1425 Cedar Place Los Altos, CA 94022 968-0259 Attachment I i I I II 1 ;%ly I �t MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 DRAf�T RES'�O7SE LETTER FOR (415)949.5500 BOARD CONSIDERATION _ Mr. Gordon Brandt 1425 Cedar Place Los Altos, California 94022 Dear Mr. Brandt: Thank you for our recent letter re ardin Y g g runner related con- flicts on District trails. The Districtts Board of Directors considered the letter at its December 22 meeting. Unfortunately, the occurrence of runner related conflicts on Rancho San Antonio trails appears to be on the rise, especially each fall when increasing numbers of cross country runners from local teams use them for training purposes. During the past three years, the District staff has attempted to increase the level of voluntary public trail use workshops, by developing and distributing a trail etiquette brochure (copy enclosed) , by implementing a trail courtesy campaign during the spring and summer of 1986 , by sending informational letters to the coaches and organizers of local cross country running teams, and by making numerous informational contacts by District Rangers. Unfo rtunately, atel the level of Y. voluntary compliance not only by runners but by bicyclists as well has not been as favorable as we had hoped. We are pleased to inform you, however, that the District staff is j currently in the process of developing more formal and enforceable trail use standards which, among other things, will address the issue of restricting group running on some of the more narrow and popular trails. The alternatives you suggested in your letter will be considered further by the District staff as part of this process. j Additionally you will be notified by staff of the next public s meeting regarding trail use standards . You may wish to subscribe to Board meeting agendas to keep informed whenever this or other items of interest come before the Board. Thank you. Sincerely, Edward G. Shelley, President Board of Directors ES/JB:ds Enclosure it Herbert A.Grench,General Manager Board o1 Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin is 4 li 4i\h\ MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Direc tors s FROM: H. Grench, General Manager SUBJECT: F.Y.I. DATE: December 17 , 1986 i i j MEMBERS CONSULTANTS PETER M.DETWILER ROSE ANN VUICH Cttlifurnin Xe istature LESLIE A.MCFADDEN VICE CHAIR COMMITTEE SECRETARY RUBEN S.AYALA KAYE PACK ARD WILLIAM CAMPBELL WILLIAM A.CRAVEN ROOM 2080 MILTON MARKS C STATE CAPITOL RAMENTO95814 PYLM P I�Ztitttt EE SA NEWTON R.RUSSELL y y} (91 6)445-9748 MARIAN BERGESON I CHAIRMAN December 10, 1986 i Herbert A. Grench, General Manager Midpeninsula Regional Open Space District 201 San Antonio Circle Building C, Suite 135 Mountain View, CA 94040 I Dear Herb: Please extend my sincere appreciation to your Board of Directors for awarding me the placque for my Senate Bill 1685, the "Local Government Clean-up Bill of 1986. " I also want to thank you personally for coming to the State Capitol to present it to me. It' s rewarding to know that the change we made in SB 1685 for regional open space districts will truly benefit your program. The intent of my bill was to solve minor, noncontroversial problems in one bill and I am pleased that we were able to help. Last year' s efforts were so successful, I intend to carry another local government clean-up bill for 1987. If I can help in some other way this year, please let me know. Cordially, MARIAN BERGESON y� Reports knowledgeable leadership for the com- context of these urban wilderness lands. plex stewardship of these lands. Public Feral pigs are a danger in many Bay land managers must be fluent in many Area watershed and parklands.Their languages,including regional politics and rapid reproduction rate threatens large planning, native vegetation and wildlife areas where their rooting and wallowing j n addition to Doug Nadeau of the Na- and recreational planning and design. habits increase erosion and threaten na- tional Golden Gate Recreation Area, tive tubers and other plants. Selective many other landscape architects play im- Regional Planning elimination is the only key here as it is mense roles in the management of a grow- Public land managers need a sensitivity with exotic plant species such as scotch ing urban greenbelt which surrounds and for a region's past as well as future,and thistle,broom and pampas grass,plants intertwines the built communities of the this means working with homeowners which also have a tendency to take over nine-county San Francisco Bay region. and developers. Private property own- native species in the Bay Area greenbelt These young landscape architects include ers—future neighbors of public lands— if given the slightest foothold. Steve Peterle of the Marin Municipal are usually apprehensive of government Water District, Fran Brigmann of the agencies, but they also offer tremendous Recreational Planning Marin County Open Space District,and input about concerns spanning fire man- Good stewardship of the Midpeninsula Jonathon Hammond of the East Bay Re- agement,access points, timber protection District lands includes designing and gional Park District,to name a few. I and the like. Developers are usually will- maintaining boundary barriers which ex- work as Land Manager with the ing to negotiate for a price,dedicating a elude motor vehicles,keep in grazing an- Midpeninsula Regional Open Space certain amount of open space in return imals and offer easy entry to hikers and District. for land-use approval. For the Open runners.Another challenge is in design- Strong local and regional efforts to Space District's Land Manager,and in- ing trails which allow equestrians,bicy- protect rings of natural lands around the deed the managers of all the other Bay clists,pedestrians and runners urbanized Bay have been going on for Area resource protection agencies,ex- to safely enjoy the preserve without con- years,spearheaded by the non-profit Peo- perience in the public hearing process is flicting with each other.This is aided by ple for Open Space and a myriad of gov- the mirror which reflects professional site and trailhead design which will ernment park and resource protection knowledge. Expertise broader than plants not intrude upon the natural features of agencies.These efforts stemmed from and good design can satisfy the public the preserves. the formation of the nationally known that their greenbelt lands not only are The growth of the San Francisco Bay East Bay Regional Park District 51 years necessary but are also well managed. region,one of the larger U.S.urban com- ago—an agency where William Penn . A good basis in regional and statewide plexes with a five million-plus popula- Mott,a landscape architect and now Na- planning codes—both current and his- tion,has burst at all seams. The growing tional Parks Director,cut his land man- tonic—and an eye for real estate trends greenbelt of lands here portends nation- agement teeth, are key to deciding what land needs to wide implications in guaranteeing the One of the major players in the cre- be acquired. future habitability of our evolving towns ation of the Bay Area greenbelt has been and cities near major metropolitan areas. the Midpeninsula Regional Open Space Wildlife and Native Vegetation The Bay's richest farmlands are disap- District. Protecting and enhancing salt and fresh- pearing as industry moves away from the This District—which encompasses an water marshes around the rim of San city center and into the suburbs;move- area of several hundred square miles, 16 Francisco Bay is just one of the chal- ment which has an incredible effect on cities,portions of San Mateo and Santa lenges facing the Open Space District long-range greenbelt planning. Regional Clara counties,and land stretching south and other agencies. Here the pressures of planning,especially foreseeing hot spots from San Carlos to San Jose—manages urban growth and encroachment are before developers, is the key to preserv- 27 separate bayland and ridgeland pre- probably the most threatening. Bay Area ing our agricultural heritage. Without serves totalling 22,000 acres. The pre- landscape architects have played a major relinquishing industrial site projects, serve units,while not managed strictly as role here in managing and designing re- landscape architects in private practice developed parkland, have been acq' uir>d stored marsh areas,and also in aiding can make a difference in preserving open for a variety of reasons: to preserve seen- the tasks and goals of the Bay regulatory space:by lending expertise to regional cry, to aid in guiding urban form and to agencies and organizations such as the and community planning groups like the protect agriculture,wildlife,natural Bay Conservation and Development People for Open Space's Greenbelt Con- vegetation,watersheds, unique historical Commission,the California Coastal Con- gress;and by sensitive site planning. and archaeological sites and geological servancy and Save San Francisco Bay. Our role as professionals,while and topographic features.These green- Public land managers must also con- grounded in a strong landscape design belt lands protect public health and trol feral and domestic animals which base,has been broadened to encompass safety by recharging groundwater and stray,are let loose,or are led into the lo- the regional planning perspective spiced recycling wastewater. These open spaces cal open space lands and become a with experience and training in natural also protect quality of life,by retaining threat to native wildlife. resource management,public administra- nearby pockets of wilderness for The wildlife biologist per se generally tion, wildlife and vegetative expertise recreation. is not suited to weigh all the diverse ele- and real estate skills. The landscape Landscape architects as land man- ments the responsible land manager "omnitect"has become a reality in this alters are charged with providing strong, must in protecting native species in the role as public land manager. 86 Landscape Architecture ff Contributors 7 WILLIAM CARNEY is the landscape MARSHA GALE received a BLA from LINDA HITTLE LETTIERI is a free- architect for the San Francisco Redevel- the University of Illinois and is currently lance writer and marketing communica- opment Agency. He also maintains an working towards an MLA/MCP at the lions consultant who lives and works in ' '_ environmental writing and design practice, University of California-Berkeley,where San Francisco. She is especially interested called Landscript Associates and serves as she is a researcher for the departments of in the history of landscape architecture in vice president of San Francisco Friends of landscape architecture and city planning. the 20th century. ;. the Urban Forest. His own contributions Her research focuses on urban streetscape a to San Francisco's sense of place include analysis and public park planning and PATRICK J. MEEHAN is a registered the ten-foot cultural symbols and associ- evaluation. For the past ten years, Gale architect and urban designer/planner. He $ � x ated plantings installed this fall on Geary has worked on a variety of design and received his Master of Architecture and Expressway at Fillmore Street. His planning projects including the urban de- B.S. in Architectural Studies from the booklength peace poem, Cities, was pub- sign for Sacramento's light rail transit University of Wisconsin-Milwaukee. A lished by North Atlantic Books. mail and the plan for San Francisco's cen- member of the American Institute of tral waterfront. Arcitects and the Wisconsin Society of GARRETT ECKBO's career as a land- PETER BOSSELMANN teaches city Architects,he has been on the proles- scape architect has spanned half a cen- and regional planning at the College of sional staff of the Southeastern Wisconsin tury,beginning in the mid-1930s,when he Environmental Design at University of Regional Planning Commission since earned a BLA from the University of California-Berkeley,where he is also the 1978. He has written numerous proles- California-Berkeley and an MLA from Director of the Environmental Simulation sional articles on urban design and plan- Harvard University's Graduate School of Laboratory,a facility which assesses ning for such journals as Landscape Ar- Design. He has worked in the public sec- large-scale planning and design projects. chitecture,Journal of the American tor,in private practice and as a professor For the last three years,the Laboratory Planning Association, Ekistics, urban and lecturer,and he is a frequent contrib- has pioneered research of pedestrian com- Land,and Small Town. Meehan is also Fl t utor to design journals. Eckbo's longtime fort in urban environments. As a result of the author of The Master Architect:Can- concern has been with seeking site-spe- their studies,the City of San Francisco versations with Frank Lloyd Wright cific solutions that take into account cli- adopted sunlight and wind standards in (New York:John Wiley and Sons, 1984) ent demands and resources,instead of re- downtown areas. as well as the forthcoming Truth Against lying on a preconceived design the World. 1 vocabulary. California has been the site After three years as a Peace Corps volun- for the majority of his award-winning teer involved with urban community THEODORE OSMUNDSON is a prac- projects and studies, from private gardens development in Brazil,New Zealand-born tieing landscape architect in San Fran- to urban spaces to college campuses. DAVID HANSEN returned to the Cisco with over 35 years'experience in the United States to earn an MLA from the design of landscape development for a RENEE FELCIANO is a landscape ar- University of California-Berkeley. He has parks,hospitals,commercial and office chitect in private practice in Santa Rosa, since worked as a landscape architect, buildings,roof gardens,motels,college California. She has been active in local open space planner and land manager for and university campuses,private and pub- historic preservation projects for over a several West Coast public projects and lic recreation areas,industrial develop- decade,and is a frequent contributor to agencies:the San Francisco Zoo Master ments,apartment and housing develop- preservation journals. She is chair of the Plan,the Pacific Southwest Forest& ments and others. A past national preservation committee restoring the Bur- Range Experiment Station,the UC- president of ASLA,he was elected a Fel bank Experiment Farm in Sebastopol and Berkeley Blake Estate and the Marin low of the Society in 1963,and was is currently working on an Historic Amer- County pen Space District. As Land awarded the ASLA Medal in 1983. ican Buildings Survey of the property. Manager for the MidPeninsula Regional Osmundson g received his degree to land- Recently, Felciano published a directory Open Space District,he is responsible for scape architecture from Iowa State Uni- of smoke-free lodging in California and a planning, research,capital improvement versity; he is a frequent contributor to de- bi-monthly newsletter on smoke-free and Ranger staffs. sign journals and lecturer at several travel and recreation. A founding member universities and annual symposiums. of the Redwood Empire Section of the MARY MARGARET JONES is a prin- Northern California Chapter of ASLA, cipal with the San Francisco firm of Har- After spending three years on the faculty " she serves as 1986 Newsletter Editor. greaves Associates.She has recently com- at Texas Tech University—where he de- pleted an urban riverfront promenade and ve}oped his interest in urban design and t' ALLEN K. FOLKS received his MLA pedestrian mall for Antioch,California, the course which is the focus of his arti- m. from the University of Pennsylvania and "a celebration of its river". Her current cle—THOMAS SCHURCH is presently is a landscapearchitect in private practice efforts are centered on the design of San working towards a doctorate at the Uni- in San Francisco. His professional inter- Jose's major downtown park and plaza, versity of Washington. His areas of inter- ests include urban design and natural re- the city's historic gathering place since its est include the significance of region,ur- A" source management,and he is currently days as a pueblo. ban form and street systems. Schurch the chairman of the Steering Committe received his MLA from Cal Poly Pomona for the 1986 National CAT project and a and is a licensed landscape architect. member of the Board of Directors of the Northern California chapter of ASLA. (Continued) I IN landscape Architecture i CLAIMS No. 86-24 Meeting 86-30 MIDPENINST=LA REGIONAL OPEN SPACE DISTRICT Date: Dec. 22, 1986 C L A I M S Amount 'Name Description 9356 25.88 Bay Muffler District Vehicle Repair 9357 582.68 California Water Service Company Water Service 9358 289.24 Citicorp Industrial Credit, Inc. Telephone Lease 9359 153.58 Clark's Auto Parts Parts for District Vehicles 9360 112,242.59 Bill T. and Virginia R. Closs Note Repurchase 9361 213.00 Communications Research Company Radio Maintenance 9362 50,000.00 Continental Land Title Land Purchase--Schofield 9363 26.62 Crest Copies, Inc. Bluelines 9364 10,627.04 Margaret Anna Crist Note Repurchase 9365 . 17,803.83 Frank` Lee Crist Jr. and Note Repurchase c e Carolyn G. Crist 9366 28,581 .22 Roger E and Diane C. Crist Note Repurchase 9367 3,740.61 Jeanese Rowell Note Repurchase--Crist 9368 21 ,348.81 Roger E. Crist Children's Trust Note Repurchase 9369 37,823.73 Frank Lee Crist, Jr. Children's Note Repurchase Trust 9370 95, 113.60 Jeanese Rowell Children's Trust Note Repurchase--Crist 9371 7,7119.60 Frank L. Crist, Sr. Note Repurchase 9372 88.40 Jack Dymond Associates Xeroxing 9373 353.67 John Escobar Reimbursement--Conference Expense and Field Supplies 9374 102:83 Pete Ellis Dodge District Vehicle Repairs 9375 94.05 El Monte Stationers Office Supplies 9376 85,600.0o First American Title Guaranty Co. Land Purchase--Jamison 9377 175.35 Foster Brothers Security Systems, Door Locks 9378 224.50 Frahm, Edler & Cannis Engineering Consultation 9379 850.00 John Gilmore Company Equipment Rental 9380 350.00 Raye Girouard Patrol Services I 9381 68.60 .Goodco Press Office Supplies 9382 9.28 Graphicstat, Inc. Artwork 9383 109,368.21 Guadalupe Rubbish Disposal ; Co:, Inc. . Note Repurchase 9384 125.98 Mary E. Hale Reimbursement--Seminar Expense and Office Supplies 9385 210. 17 Hubbard C Johnson Field Supplies 9386 34,566. 10 Roy Clifton Jenkins Note Repurchase 9387 43.05 Emma Johnson Reimbursement--Office Supplies 9388 24.56 Thomas Karnofel Reimbursement--Uniform Expense CLAIMS No. 86-24 Meeting 86-30 Date: Dec. 229 1986 W, Amount Name Description 9389 541-.61 Lawrence Tire Service, Inc. Tires for District Vehicles 9390 2,019.66 . Alton S. Lee, Architect Architectural Services-=Picchetti 9391 772.25. Los Altos Garbage Company Dumpster Rental 9392 20.00 Town of. Los Altos Hills Agendas and Minutes 9393 37.70 Los Altos Stationers Office Supplies 9394 244.79 McCauley Tool & Supply Field Equipment 9395 1 ,500..00 Metro Real Estate Research Appraisal Services 9396 136.74 Minton's Lumber & Supply Field Supplie s 9397 420.00 Miracle Auto Painting Repairs on District Vehicles 9398 20.87 Monta Vista Garden Center Field Supplies 9399 41 .57 Norney's of Mountain View Office Supplies 9400 52.95' Northern Hydraulics, Inc. Protective Clo thing 9401 1 ,241 .30 On-Line Business Systems, Inc. Computer Services 9402 510.40 Orchard Supply Hardware Field Supplies 9403 905.82 Pacific Bell Telephone Service 9404 284.69 Pacific Gas & Electric Company Utilities 9405 13.20 Peninsula Blueprint, Inc. Drafting Materials 9406 44. 14 Pitney Bowes Maintenance. Agreement a 9407 136.59 Precision Engravers, Inc. Namebadges Engraved 9408 342.20 Real Estate Data, Inc. Microfiche Lease 9409 270.38 Rent-A-Computer Computer Rental 9410 210.00 Robelo/Kocjan Associates, Inc. Preliminary Structural Analysis 9411 190.00 County of Santa Clara/GSA Dispatching Services 9412 586.23 Santa Clara County/Sheriff's Patrol Services Department 9413 1 ,051 .58 Shell Oil Company Repairs and Fuel for District Vehicles 9414 183.30 Signs of the Times Signs 9415 13.41 Skyline County Water District Water Service 9416 70.00 Doris Smith Reimbursement--Workshop for C. Bruins and D. Smith 9417 173.02 Summit Uniforms Uniform Expense 9418 80,000.00 Ticor Title Insurance Company Land Purchase--Miller 9419 151 .34 David Topley Reimbursement--Field Supplies and Registration Fee 9420 80,000.00 Valley Title Company Land Purchase--Howatt 9421 68.88 Sandy Voorhees Private Vehicle Expense 9422 255.00 Western Govermental Research Registration Fee for Workshop Association CLAIMS No. 86-24 Meeting 86-30 �t Amount Date: Dec. 22, 1986 Name Description 9423 196.31 ., Del Woods Reimbursement--Office Supplies and Private Vehicle Expense 9424 791 .02 Xerox Corporation ' Office Supplies and Maintenance Agreement 9425 111E-0S ZZZ Sanitation Company Sanitation Services 9426 2,417.50 Dennis Plank Construction Repairs and Appliance Replacements-- Bean House CLAIMS No. 86-24 Meeting 86-30 Date: Dec. 22, 1986 Name REVISED Amount Description 9389 541 .61 Lawrence Tire Service, Inc. Tires for District Vehicles 9390 2,019.66 Alton S. Lee, Architect Architectural Services-'-Picchetti 9391 772.25, Los Altos Garbage Company Dumpster Rental 9392 20.00 Town of. Los Altos Hills Agendas and Minutes 9393 37,70 Los Altos Stationers Office Supplies 9394 244.79 McCauley Too] S Supply Field Equipment 9395 1 ,500.00 Metro Real Estate Research Appraisal Services 9396 136.74 Minton's Lumber it Supply Field Supplies 9397 420.00 Hiracle Auto Painting Repairs on District Vehicles 9398 20.87 Monta Vista Garden Center Field Supplies 9399 41 .57 Norney's of Mountain View Office Supplies 9400 52.95' Northern Hydraulics, Inc. Protective Clothing 9401 1 ,241 .30 On-Line Business Systems, Inc. Computer Services 9402 510.40 Orchard Supply Hardware Field Supplies 9403 905.82 Pacific Bell Telephone Service 9404 284.69 Pacific Gas & Electric Company Utilities 9405 13.20 Peninsula Blueprint, Inc. Drafting Materials 9406 44.14 Pitney Bowes Maintenance. Agreement 9407 136.59 Precision Engravers, Inc. Namebadges Engraved 9408 342.20 Real Estate Data, Inc. Microfiche Lease 9409 270.38 Rent-A-Computer Computer Rental 9410 210.00 Robelo/Kocjan Associates, Inc. Preliminary Structural Analysis 9411 190.00 County of Santa Clara/GSA Dispatching Services 9412 586.23 Santa Clara County/Sheriff's Patrol Services Department 9413 1 ,051 .58 Shell Oil Company Repairs and Fuel for District Vehicles 9414 183.30 Signs of the Times Signs 9415 13.41 Skyline County Water District Water Service 9416 70.00 Doris Smith Reimbursement--Workshop for C. Bruins and D. Smith 9417 173.02 Summit Uniforms Uniform Expense 9418 80,000.00 Ticor Title Insurance Company Land Purchase--Miller 9419 151 .34 David Topley Reimbursement--Field Supplies and Registration Fee 9420 80,000.00 Valley Title Company Land Purchase--Howatt 9421 68.88 Sandy Voorhees Private Vehicle Expense 9422 255.00 Western Govermental Research Registration Fee for Workshop Association i CLAIMS No. 86-24 Meeting 86-30 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Date: Dec. 22, 1986 REVISED C L A I M S Amount Name Description 9356 25.8$ Bay Muffler District Vehicle Repair 9357 582.681, 1 California Water Service Company Water Service 9358 289.24 Citicorp Industrial Credit, Inc. Telephone Lease 9359 153.58 Clark's Auto Parts Parts for District Vehicles 9360 112,242.59 Bill T. and Virginia R. Closs dote Repurchase 9361 213.00 Communications Research Company Radio Maintenance 9362 50,000.00 Continental Land Title Land Purchase--Schofield 9363 26.62 Crest Copies, Inc. Bluelines 9364 10,627.04 Margaret Anna Crist Note Repurchase 9365 17,803.83 Frank- Lee Crist, Jr. and Note Repurchase Carolyn G. Crist 9366 28,581 .22 Roger E and Diane C. Crist dote Repurchase 9367 3,7110.61 Jeanese Rowell Note Repurchase--Crist 9368 21 ,348.81 Roger E. Crist Children's Trust Note Repurchase 9369 37,823.73 Frank Lee Crist, Jr. Children's Note Repurchase . Trust 9370 95,113.60 Jeanese Rowell Children's Trust Note Repurchase--Crist 1 9371 7,7119.60 Frank L. Crist, Sr. dote Repurchase 9372 88.40 Jack Dymond Associates Xeroxing 9373 353.67 John Escobar Reimbursement--Conference Expense and Field Supplies 9374 )02.88 Pete Ellis Dodge District Vehicle Repairs 9375 94.05 E1 Monte Stationers Office Supplies 9376 85,600.00 First American Title Guaranty Co. Land Purchase--Jamison 9377 175.35 Foster Brothers Security Systems. Door Locks 9378 224.50 Frahm, Edler & Cannis Engineering Consultation 9379 850.00 John Gilmore Company Equipment Rental 9380 350.00 Raye Girouard Patrol Services 9381 68.60 Goodco Press Office Supplies 9382 9.28 Graphicstat, Inc. Artwork I'I 9383 109,368.21 Guadalupe Rubbish Disposal , Co. , lnc. . Note Repurchase 9384 125.98 Mary E. Hale Reimbursement--Seminar Expense and Office Supplies 9385 210. 17 Hubbard E Johnson Field Supplies 9386 34,566. 10 Roy Clifton Jenkins Note Repurchase 9387 113.05 Emma Johnson Reimbursement--Office Supplies 9388 24.56 Thomas Karnofel Reimbursement--Uniform Expense REVISED CLAIMS No. 86-24 Meeting 86-30 Date: Dec. 22, 1936 Amount Name Description 9423 196.31 . DO Woods Reimbursement--Office Supplies and Privat e Vehicle Expense 9424 791 .02 Xerox Corporation Office Supplies and Maintenance Agreement 9425 44.05 ' ZZZ Sanitation Company Sanitation Services 9426 2,417.50 Dennis Plank Construction Repairs and Appliance Replacements— Bean House ! 9427 6,822.92 Wendel , Lawlor, Rosen & Black Legal Services 9428. 207.07 Petty Cash Drafting and Office Supplies, Meal Conferences, Subscriptions, Private Vehicle Expense and Field Supplies CIAIms No. 8 6-2 4 Meeting 86-30 MIDPENINSTiLA REGIONAL OPEN SPACE DISTRICT Date: Dec. 22, 1986 C L A I M S REVISED Amount Name Description 9356 25.88 Bay Muffler District Vehicle Repair 9357 582.68 California Water Service Company I-later Service 9358 289.24 Citicorp Industrial Credit, Inc. Telephone Lease 9359 153.58 Clark's Auto Parts Parts for District Vehicles 9360 112,242.59 Bill T. and Virginia R. Closs Note Repurchase 9361 213.00 Communications Research Company Radio Maintenance 9362 50,000.00 Continental Land Title Land Purchase--Schofield 9363 26.62 Crest Copies, Inc. Bluelines 9364 10,627.04 Margaret Anna Crist Note Repurchase 9365 17,803.83 Frank Lee Crist, Jr. and Note Repurchase Carolyn G. Crist 9366 28,531 .22 Roger E and Diane C. Crist Note Repurchase 9367 3,740.61 Jeanese Rowell Note Repurchase--Crist 9368 21 ,348.31 Roger E. Crist Children's Trust Note Repurchase 9369 37,823.73 Frank Lee Crist, Jr. Children's Note Repurchase Trust 0 95, 113.60 Jeanese Rowell Children's Trust Note Repurchase--Crist 9371 7,749.60 Frank L. Crist, Sr. Note Repurchase 9372 88.140 Jack Dymond Associates Xeroxing 9373 353.67 John Escobar Reimbursement--Conference Expense and Field Supplies 9374 102:88 Pete Ellis Dodge District Vehicle Repairs 9375 94.05 E1 Monte Stationers Office Supplies 9376 85,600.00 First American Title Guaranty Co. Land Purchase--Jamison 9377 175.35 Foster Brothers Security Systems, Door Locks 9378 224.50 Frahm, Edler E Cannis Engineering Consultation 9379 850.00 John Gilmore Company Equipment Rental 9380 350.00 Raye Girouard Patrol Services 9381 68.60 w Goodco Press Office Supplies 9382 9.28 Graphicstat, Inc. Artwork 9383 109,368.21 Guadalupe Rubbish Disposal . Co. , lnc. Alote Repurchase 9384 125.98 Mary E. Hale Reimbursement--Seminar Expense and Office Supplies 9385 210. 17 Hubbard s Johnson Field Supplies ,.__ 6 34,566. lo Roy Clifton Jenkins Note Repurchase 9387 113.05 Emma Johnson Reimbursement--Office Supplies 9388 24.56 Thomas Karnofel Reimbursement--Uniform Expense i CLAIMS No. 86-24 Meeting 86-30 Date: Dec. 22, 1986 ` Name REVISED Amount z` Description (,,,9 541 .61 Lawrence Tire Service, Inc. Tires for District Vehicles 9390 2,019.66 Alton S. Lee, Architect Architectural Services-�-Picchetti 9391 772.25 Los Altos Garbage Company Dumpster Rental 9392 20.00 Town of. Los Altos Hills Agendas and Minutes 9393 37.70 Los Altos Stationers Office Supplies 9394 244.79 McCauley Tool & Supply Field Equipment 9395 1 ,500.00 Metro Real Estate Research Appraisal Services 9396 136.74 Minton's Lumber & Supply 1 Field Supplies es 9397 420.00 Miracle Auto Painting Repairs on District Vehicles 9398 20.87 Monta Vista Garden Center Field Supplies 9399 41 .57 Norney's of Mountain View Office Supplies 9400 52.95' Northern Hydraulics, Inc. Protective Clothing 9401 1 ,241 .30 On-Line Business Systems, Inc. Computer Services 9402 510.40 Orchard Supply Hardware Fie].d Supplies 9403 905.82 Pacific Bell Telephone Service 9404 284.69 Pacific Gas & Electric Company Utilities (a '''5 13.20 Peninsula Blueprint, Inc. Drafting Materials ,j6 44. 14 Pitney Bowes Main a ten nce_ Agreement 9407 136.59 Precision Engravers, Inc. Namebadges Engraved 9408 342.20 Real Estate Data, Inc. Microfiche Lease 9409 270.33 Rent-A-Computer Computer Rental 9410 210.00 Robelo/Kocjan Associates, Inc. Preliminary Structural Analysis 9411 190.00 County of Santa Clara/GSA Dispatching Services 9412 586.23 Santa Clara County/Sheriff's Patrol Services Department 9413 1 ,051 .58 She] ] Oil Company Repairs and Fuel for District Vehicles 9414 183.30 Signs of the Times Signs 9415 13.41 Skyline County Water District Water Service 9416 70.00 Doris Smith Reimbursement--Workshop for C. Bruins and D. Smith 9417 173.02 Summit Uniforms Uniform Expense 9418 80,000.00 Ticor Title Insurance Company Land Purchase--Miller 9419 151 .34 David Topley Reimbursement--Field Supplies and Registration Fee ' .,0 80,000.00 Valley Title Company Land Purchase--Howatt LI 68.88 Sandy Voorhees Private Vehicle Expense i 9422 255.00 Western Govermental Research Registration Fee for Workshop Association KtVIJL'U LLAIM NO. Ob-2i1 Meeting 86430 Amount Date: Dec. 22, 1986 Name Description °'t23 196.81 . Del Woods Reimbursement--Office Supplies and Private Vehicle Expense 9424 791 .02 Xerox Corporation Office Supplies and Maintenance Agreement 9425 44.05 ZZZ Sanitation Company Sanitation Services 9426 2,417.50 Dennis Plank Construction Repairs and Appliance Replacements-- Bean House 9427 6,822.92 Wendel , Lawlor, Rosen & Black Legal Services 9428 207.07 Petty Cash Drafting and Office Supplies, _Meal Conferences, Subscriptions, Private Vehicle Expense and Field Supplies