HomeMy Public PortalAbout19901010 - Agenda Packet - Board of Directors (BOD) - 90-23 Open Space - -
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 90-23
REGULAR MEETING
BOARD OF DIRECTORS
A G E N D A
7 : 30 P.M. 201 San Antonio Circle
Wednesday Suite C-135
October 10 , 1990 Mountain View, CA
(7 : 30) * ROLL CALL
APPROVAL OF MINUTES
WRITTEN COMMUNICATIONS
ORAL COMMUNICATIONS -- Public**
ADOPTION OF AGENDA
BOARD BUSINESS
(7 : 45) 1 . Proposed Addition of Schmidt Property to the Cathedral Oaks
Area of Sierra Azul Open Space Preserve -- 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 Documents Necessary or Appropriate
to Closing of the Transaction (Sierra Azul Open Space
Preserve, Lands of Schmidt)
(8 :00) 2 . Proposed Addition of Mayr Property to Sierra Azul Open Space
Preserve -- 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 Documents Necessary or Appropriate
to Closing of the Transaction (Sierra Azul Open Space
Preserve, Lands of Mayr)
(8 : 15) 3. Proposed Transfer of Private Water Line Easement - Purisima
Creek Redwoods Open Space Preserve -- C . Britton
Resolution Approving and Authorizing Acceptance of Agreement
for Transfer of Interest In Real Property Authorizing
Officer to Execute a Deed for the Real Property Interest
Being Released, and Authorizing General Manager to Execute
Any and All Other Documents Necessary or Appropriate to
Closing of the Transaction (Purisima Creek Redwoods Open
Space Preserve - Lands of Fisher)
201 San Antonio Circle, Suite C-135 • Mountain View, California 94040 - Phone: (415) 949-5500 - FAX: (415) 949-5679
General Manager:Herbert Grench Board of Directors:Richard Bishop,Betsy Crowder,Katherine Duffy,Nonette Hanko,Teena Henshaw,Robert McKibbin,Edward Shelley
(8 :30) 4 . Approval of Black Mountain Communication Site Lease with
C & C Equipment Company, Inc. -- C. Britton
Resolution Approving the Communications Site Lease with C
C Equipment Company, Inc. (Monte Bello Open Space Preserve,
Black Mountain)
(8 : 40) ** 5. Rescheduling of October 30 Special Meeting
6. Support of Measure T
Resolution Supporting the City of Cupertino Measure "T" , the
Open Space Measure, on the November 1990 Ballot
7 . Appointment of Peace Officer
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Appointing Peace Officer
Phillip Hearin
(8 :45) INFORMATIONAL REPORTS -- Directors and Staff
CLAIMS
CLOSED SESSION (Litigation, Land Negotiations , Labor
Negotiations , and Personnel Matters)
ADJOURNMENT
*NOTE: Times are estimated and items may appear earlier or later than
listed. Agenda is subject to change of order.
**TO ADDRESS THE BOARD: When an item you're concerned with appears on the
agenda, the Chair will invite you to address the Board at that time; on
other matters you may address the Board under Oral Communications . An
alternative is to comment to the Board by a Written Communication, which
the Board appreciates . Each speaker will ordinarily be limited to 3
minutes . When recognized, please begin by stating your name and address .
We request that you fill out the form provided so that your name and
address can be accurately included in the minutes .
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 90-23
REGULAR MEETING
BOARD OF DIRECTORS
A G E N D A
7 : 30 P.M. 201 San Antonio Circle
Wednesday Suite C-135
October 10, 1990 Mountain View, CA
(7 : 30) * ROLL CALL
APPROVAL OF MINUTES
WRITTEN COMMUNICATIONS
ORAL COMMUNICATIONS -- Public**
ADOPTION OF AGENDA
BOARD BUSINESS
(7 :45) 1 . Proposed Addition of Schmidt Property to the Cathedral Oaks
Area of Sierra Azul Open Space Preserve -- 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 Documents Necessary or Appropriate
to Closing of the Transaction (Sierra Azul Open Space
Preserve, Lands of Schmidt)
(8 : 00) 2 . Proposed Addition of Mayr Property to Sierra Azul Open Space
Preserve -- 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 Documents Necessary or Appropriate
to Closing of the Transaction (Sierra Azul Open Space
Preserve, Lands of Mayr)
(8 : 15) 3. Proposed Transfer of Private Water Line Easement - Purisima
Creek Redwoods Open Space Preserve -- C . Britton
Resolution Approving and Authorizing Acceptance of Agreement
for Transfer of Interest In Real Property Aut
horizing n P Y
g
Officer to Execute a feed for the Real Property Interest
Being Released, and Authorizing General Manager to Execute
Any and All Other Documents Necessary or Appropriate to
Closing of the Transaction (Purisima Creek Redwoods Open
Space Preserve - Lands of Fisher)
201 San Antonio Circle, Suite C-135 • Mountain View, California 94040 • Phone: (415) 949-5500 • FAX: (415) 949-5679
General Manager:Herbert Grench Board of Directors:Richard Bishop,Betsy Crowder,Katherine Duffy,Nonette Hanko,Teena Henshaw,Robert McKibbin,Edward Shelley
(8 : 30) 4 . Approval of Black Mountain Communication Site Lease with
C & C Equipment Company, Inc. -- C . Britton
Resolution Approving the Communications Site Lease with C
C Equipment Company, Inc. (Monte Bello Open Space Preserve,
Black Mountain)
(8 : 40) ** 5. Rescheduling of October 30 Special Meeting
6 . Support of Measure T
Resolution Supporting the City of Cupertino Measure the
Open Space Measure, on the November 1990 Ballot
7 . Appointment of Peace Officer
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Appointing Peace Officer
Phillip Hearin
(8 : 45) INFORMATIONAL REPORTS -- Directors and Staff
CLAIMS
CLOSED SESSION (Litigation, Land Negotiations , Labor
Negotiations, and Personnel Matters)
ADJOURNMENT
*NOTE: Times are estimated and items may appear earlier or later than
listed. Agenda is subject to change of order.
**TO ADDRESS THE BOARD: When an item You're concerned with appears on the
agenda, the Chair will invite you to address the Board at that time; on
other matters you may address the Board under Oral Communications. An
alternative is to comment to the Board by a Written Communication, which
the Board appreciates. Each speaker will ordinarily be limited to 3
minutes . When recognized, please begin by stating your name and address .
We request that you fill, out the form provided so that your name and
address can be accurately included in the minutes .
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
(Meeting 90-23
October 10 , 1990)
REPORT
October 3 , 1990
TO• Board of Directors
FROM: H. Grench, General Manager
RESPONSIBILITY AND PREPARATION: C . Britton, Land Acquisition Mana- crer -,
D. Hansen , Land Manager; D . Woods ,
Principal Open Space Planner ; C . Bruins ,
Administrative Assistant
SUBJECT: Proposed Addition of Schmidt Property to the Cathedral Oaks Area
of Sierra Azul Open Space Preserve
Recommended Actions :
1 . Adopt. the accompanying 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 Schmidt) .
2 . Tentatively adopt the Preliminary Use and Management Plan recommen-
dations contained in this report , including naming the property as an
addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve .
3 . Indicate your intention to withhold the property from dedication as
public open space at this time .
Introduction
The proposed 19-acre acquisition is located one-third of a Nile southeast of
the Cathedral Oaks Area of Sierra Azul Open Space Preserve , near Lexington
Reservoir . The parcel includes a portion of the prominent ridge between
Hendrys Creek and Hooker Gulch , with panoramic views of the Lexington
Reservoir basin. Weaver Road , a county maintained road, passes through the
property. The addition could provide valuable trail connections between the
Alma Bridge Road entrance to the Cathedral Oaks Area and the remaining
portion of the preserve above Wrights Station .
201 San Antonio Circle, Suite C-135 • Mountain View, California 94040 • Phone: (415) 949-5500 • FAX: (415) 949-5679
General Manager:Herbert Grench Board of Directors:Richard Bishop,Betsy Crowder,Katherine Duffy,Nonette Hanko,Teena,Henshaw,Robert McKibbin,Edward Shelley
Report 90-109 Page 2
1 . pe Pro ntification r_ty___Ile
Property owners : Randolf and Sandra Cooper-Schmidt
Size : 19 . 02 acres
2 . Location and Boundaries (see attached rap)
Regional setting: East of Lexington Reservoir between Hendrys Creek and
Hooker Gulch, in Santa Clara County
Road access : Soda Springs Road to Weaver Road, which passes through the
property from north to south
Boundaries : Private properties adjoin all sides of the property .
Nearby public lands : Lexington Reservoir County Park and the Cathedral
Oaks Area of Sierra Azul Open Space Preserve
Nearby landmarks : Lexington Reservoir and Mt . Thayer
3 . 72pqgKap and Hvdrojagy
Prominent topographic features : Property straddles relatively level
ridge descending east toward Lexington Reservoir; includes north-facing
slope above Hendrys Creek
Elevation range : 1 , 600 feet in northwest corner to 2 , 2200 feet on top of
ridge
Slope steepness : Extremely steep slopes on north side of ridge aBova
Hendrys Creek; relatively flat along ridgeline
Slope exposure : North-facing slope
Watershed: Slopes drain into Hendrys Creek; Hendrys Creek drains into
Lexington Reservoir .
4 . Geology and--S-oils
Seismology : San Andreas Fault approximately 1 , 500 feet to the south
Soil classification: Highly erodible Los Gatos-Maymen type
Soil stability: Steep south and north facing slopes are ext-ces,ie-ly
unstable and prone to erosion.
5 . Flora and Fauna
Plant Communities : Prin-tarily chaparral on the ridgetop and south-facing
slopes; some grassland along the ridge; mixed evergreen forest on
north-facing slopes and in the ravines7 ridgetop is recovering from the
1.985 Lexington Hills fire .
Report 90-109 Page 3
Dominant flora: Manzanita, baccharis , chamise, and rye grass ; bay,
madrone , live oak , and Douglas fir in canyons
Common fauna: Deer, coyote , brush rabbit , bobcat , rattlesnake , and
various rodents and birds
6 . Visual uajAties
Viewshed: Forms portion of the scenic backdrop above Lexington
Reservoir and State Highway 17
Vistas : Lexington Reservoir basin to the west; Hooker Gulch and upper
ridge connecting to Mt . Thayer
7 . ExistijLng I_MpKovements
Weaver Road passes through the property from east to west; a private
driveway intersects Weaver Road near the south boundary; a steep dirt
road extends from the private driveway to the west boundary.
8 . Existing
Weaver Road is a county maintained road, serving residents living west
of the property. The private driveway serves a residence located on an
adjacent parcel .
9 . Plannina Considerations
Political boundaries: Unincorporated Santa Clara County, within
District boundaries
Zoning: Hillside (requiring a 20 to 60 acre minimum lot size, depending
on slope)
Master Plan rating: Medium ranking for suitability as open space
Use and Management Plan review: Interim Use and Management Plan will
be reviewed within a three-year period.
Regional plans : The Bay Area Ridge Trail Plan identifies a potential
trail corridor from the southern end of Lexington Reservoir through
District land and the proposed acquisition. The corridor would
continue up the north side of Soda Springs Canyon, ultimately
connecting with the Sierra Azul summit ridgeline.
10 . Potential Use and Mana
gement
A trail between the portion of the Cathedral Oaks Area lying north of
Hendry s Creek and the area above Wrights Station could cross the
properties in the north-south direction. This trail would connect with
Weaver Road, providing public access north to Soda Springs Road. There
are potential picnic sites on the ridge , with views into Hooker Gulch
and Hendrys Creek watershed.
Report 90-109 Page 4
11 . Public Safety Review
A detailed inspection will be performed on the site prior to your final
adoption of the Preliminary Use and Management Plan. The purpose of the
inspection is to identify existing and potential safety hazards . The
site will remain closed until the inspection has occurred and any
identified safety hazards have been eliminated.
12 . PreliminAry_ Use and ManageTgAt Recommendations
Signs : Install private property and preserve boundary signs where
appropriate
Site Emphasis designation: Conservation Management Unit (CMU)
13 . Name
The property should be named as an addition to the Cathedral Oaks Area
of Sierra Azul Open Space Preserve .
14 . Dedication
I recommend that you withhold the property from dedication as public
open space at this time . This would allow for a trade of development
rights or sale of a portion or all of the property if the District is
not successful in acquiring other necessary land in the area.
15 . Terms
This 19 . 02 acre property is a separate , legal building site with a
generous building pad area and nice views . The full purchase price, at
$150 , 000 , is $19 , 000 below the listing price and is being accepted as a
bargain sale at less than the property ' s fair market value . The purchase
price would be payable in cash at close of escrow, in accordance with
the terms and conditions of the District ' s standard purchase agreement .
16 . Fundin
The District ' s 1990-1991 fiscal year budget includes $15 . 4 million for
new open space acquisitions; $15 . 2 million in cash outlay and $0 . 2
million in notes.
The following is a current summary of cash expenditures for open space
acquisition for the 1990-1991 fiscal year:
Land Acquisition Funds for this Fiscal Year (Cash) $15 , 200 , 000
Purchase escrows closed 5 , 944 , 000)
Previously Approved Acquisitions (not closed) 730 , 000)
Report 90-109 Page 5
The Schmidt Property Acquisition
Recommended for Approval on this Agenda (not in- ( 150 , 000)
1 cluding acquisitions scheduled later on this agenda)
Remaining Cash Balance for Future Acquisitions
this Fiscal Year $___8 , 371 000
I
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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
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
SCHMIDT)
The Board of Directors of the Midpeninsula Regional
Open Space District does resolve as follows:
Section One. The Board of Directors of the Midpenin-
sula Regional Open Space District does hereby accept the offer
contained in that certain Purchase Agreement between Randolf
Schmidt et ux. 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 Certifi-
cate of Acceptance on behalf of the District.
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
insurance, escrow fees, survey, and other miscellaneous costs
related to this transaction.
Section Five. It is intended and hereby authorized
that the District ' s General Fund will be reimbursed in the amount
of $150,000 from the proceeds of the next long term District note
issue.
----------
PURCHASE AGREEMENT
This Agreement is made and entered into by and between Randolf
Schmidt and Sandra Cooper-Schmidt, 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; and
WHEREAS, Seller entered into that certain "Exclusive Authorization
and Right to Sell" agreement with Century 21-Village Square Realty on
August 1, 1990, thereby offering said real property for sale to the
general public; and
WHEREAS, District was formed by voter initiative to solicit and
receive conveyances of real property by purchase, exchange, eminent
domain, gift, or bargain purchase for public park, recreation, scenic
and open space purposes; and
WHEREAS, District desires to purchase said property for open space
preservation and as part of the ecological 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,
State of California, containing approximately nineteen and two one
hundredths (19 . 02) acres, more or less, and commonly referred to as
Santa Clara County Assessor's Parcel No. 558-53-04 . Said property
being further described in the Legal Description attached to
Preliminary Title Report number CA 174272, from Continental Lawyers
Title Company, a copy of said preliminary title report attached
hereto as Exhibit "A, " and incorporated herein by this reference .
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
Purchase Agreement - Schmidt Page 2
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 One Hundred Fifty Thousand and No/100
Dollars ($150, 000 . 00) , payable in cash at the Closing (as further
defined herein . )
3 . Escrow. Promptly upon execution of this Agreement, in
accordance with Section 11 herein, an escrow shall be opened at
Continental Lawyers Title Company, 910 Campisi Way, Suite 1A,
Campbell, CA, phone number (408) 559-7555, or other title company
acceptable to District and Seller (hereinafter "Escrow Holder")
through which the purchase and sale of the Property shall be
consummated. A fully executed copy of this Agreement shall be
deposited with Escrow Holder to serve as escrow instructions to
Escrow Holder; provided that the parties shall execute such
additional supplementary or customary escrow instructions as Escrow
Holder may reasonably require . This Agreement may be amended or
supplemented by explicit additional escrow instructions signed by the
parties, but the printed portion of such escrow instructions shall
not supersede any inconsistent provisions contained herein . Escrow
Holder is hereby appointed and instructed to deliver, pursuant to the
terms of this Agreement, the documents and monies to be deposited
into the escrow as herein provided, with the following terms and
conditions to apply to said escrow:
(a) The time provided for in the escrow for the close thereof
shall be on or before October 31, 1990, 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.
(b) Seller and District shall, during the escrow period,
execute any and all documents and perform any and all acts reasonably
necessary or appropriate to consummate the purchase and sale pursuant
to the terms of this Agreement .
(c) Seller shall deposit into the escrow on or before the
Closing 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.
Purchase Agreement - Schmidt Page 3
(ii) District 's check payable to Escrow Holder in the amount
of One Hundred Fifty Thousand and No/100 Dollars ($150, 000 . 00) .
(e) Seller shall pay for the escrow fees, the CLTA Standard
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 handled in
accordance with Section 4986 of the Revenue and Taxation Code of the
State of California .
(f) Seller shall cause Continental Lawyers Title Company, or
other title company acceptable to District and Seller, to be prepared
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 ($150, 000 . 00) for the Property showing title to the
Property vested in fee simple in District, subject only to: (i)
current real property taxes, and (ii) such 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 disapproved exceptions before the time set
forth' for the Closing, District shall have the right either: (i) to
terminate the escrow provided for herein (after giving written notice
to Seller of such disapproved exceptions and affording Seller at
least twenty (20) days to remove such exceptions) and then Escrow
Holder and Seller shall, upon District ' s direction, return to the
parties depositing the same, all monies and documents 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
instruments have been deposited into the escrow by the appropriate
parties and when all other conditions to Closing have been fulfilled,
cause the Grant Deed 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 .
Purchase Agreement - Schmidt page 4
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 termination 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 District
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 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 trans
actions
contemplated hereunder.
6 . 02 V +a i an Binding Agr _ m _nfi s . This Agreement and all other 1
documents delivered by Seller to District now or at the Closing have 1
been or will be duly authorized and executed and delivered by Seller
and are legal, valid and binding obligations of Seller sufficient to
convey to District the Subject Property described therein, and are
enforceable in accordance with their respective terms and do not
violate any provisions of any agreement 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 fee simple title to the Subject Property and the
interests therein to be conveyed to District hereunder, free and
Purchase Agreement - Schmidt Page 5
clear of all liens and encumbrances of any type whatsoever and free
and clear of any recorded or unrecorded option rights or purchase
rights or any other right, title or interest held by any third party
except for the exceptions permitted under the express terms hereof,
and Seller shall forever indemnify and defend District from and
against any claims made by any third party which are based upon any
inaccuracy in the foregoing representations .
7 . Integrity of Property. Except as otherwise provided herein or
by express written permission granted by District, Seller shall not,
between the time of Seller 's execution hereof and the close of
escrow, cause or allow any physical changes on the Property. Such
changes shall include but not be limited to grading, excavating or
other earthmoving activities, cutting or removing trees, shrubs,
brush or other vegetation, and damaging or demolition of improvements
or structures on the Property.
8 . Hazardous Substances . "Hazardous substance" as used herein
means and includes polychlorinated biphenyls (PCB' s) , benzene,
asbestos or any other substance the placement, storage or removal of
which is prohibited or regulated by federal, state or local law.
(a) Seller warrants and represents that :
(i) During Seller' s ownership of the Property Seller has not
placed or stored or allowed to be placed or stored any hazardous
substance on the Property.
(ii) Seller has no knowledge of the presence on the Property
of any hazardous substance, whenever or however placed or stored.
(b) If hazardous substances are subsequently found to exist on
the Property, District may exercise its right to bring an action if
necessary to recover cleanup costs from Seller or any other person or
persons who are ultimately determined to have responsibility for the
hazardous substances on the Property. However, under no circumstances
shall Seller be held liable for costs other than those incurred in
the cleanup of the hazardous substances resulting from Seller ' s
ownership and operation of the property.
9 . 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) the Uniform Relocation
Act Amendments of 1987 (Public Law 100-17) , Title IV of the Surface
Transportation and Uniform Relocation Assistance Act of 1987 (101
Statutes, 246-256) , and California Government Code Section 7267, and
Purchase Agreement - Schmidt Page 6
following . Seller hereby waives any and all existingand/or future
rights Seller 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 . District is
purchasing the Subject Property from Seller at a price that is below
fair market value and in evidence of such Bargain Sale District shall
execute and submit into escrow Internal Revenue Service form 8283, as
appropriate .
10 . Miscellaneous Provisions .
10 . 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 .
10 . 02 Attorneys ' Fees . If either party hereto incurs any
expense, including reasonable attorneys ' fees, in connection with any
action or proceeding instituted by reason of any default or alleged
default of the other party hereunder, the party prevailing in such
action or proceeding shall be entitled to recover from the other
party reasonable expenses and attorneys ' fees in the amount
determined by the Court, whether or not such action or proceeding
goes to final judgment . In the event of a settlement or final
judgment in which neither party is awarded all of the relief prayed
for, the prevailing party as determined by the Court shall be
entitled to recover from the other party reasonable expenses and
attorneys ' fees .
10 . 03 Amendment and Waiver. The parties hereto may by mutual
written agreement amend this Agreement in any respect . Any party
hereto may: extend the time for the performance of any of the
obligations of the other party; M waive any inaccuracies in
representations and warranties made by the other party contained in
this Agreement or in any documents delivered pursuant hereto; (ii)
waive compliance by the other party with any of the covenants
contained in this Agreement or the performance of any obligations of
the other party; or (iii) waive the fulfillment of any condition that
is precedent to the performance by such party of any of its
obligations under this Agreement . Any agreement on the part of any
party for any such amendment, extension or waiver must be in writing.
10 . 04 Rights Cumulative . Each and all of the various rights,
powers and remedies of the parties shall be considered to be
cumulative with and in addition to any other rights, powers and
remedies which the parties may have at law or in equity in the event
of the breach of any of the terms of this Agreement . The exercise or
partial exercise of any right, power or remedy shall neither
Purchase Agreement - Schmidt Page 7
constitute the exclusive election thereof nor the waiver of any other
right, power or remedy available to such party.
10 . 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, telefax communication or cable or sent by registered
or certified mail, return receipt requested, with postage thereon
fully prepaid. All such communications shall be addressed as follows :
Seller: Randy Schmidt and Sandra Cooper-Schmidt
c/o Century 21-Village Square Realty
15466 Los Gatos Blvd. #217
Los Gatos, CA 95030
(408-356-7191)
Fax: (408-356-2019)
Copy To: Joe Beatty Real Estate
Attn : Gary Beck
7172 Anjou Creek Circle
San Jose, CA 95120
(408-268-4062)
Fax: (408-997-9562)
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
Fax: (415-949-5679)
Copy To: Stanley R. Norton, Esq.
407 Sherman Avenue
(4 15) 32 4-13 6 6
Fax: (415-327-9151)
If sent by telegraph, telefax communication or cable, a conformed
copy of such telegraphic/telefaxed communication or cabled notice
shall promptly be sent by mail (in the manner provided above) to the
addressee . Service of any such communication made only by mail shall
be deemed complete on the date of actual delivery as shown by the
addressee ' s registry or certification receipt or at the expiration of
the third Ord) business day after the date of mailing, whichever is
Purchase Agreement - Schmidt Page 8
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 appropriate, but
any oral notice given shall not satisfy the requirement of written
notice as provided in this Section .
10 . 06 Severability. If any of the provisions of this Agreement
are held to be void or unenforceable by or as a result of a
determination of any court of competent jurisdiction, the decision of
which is binding upon the parties, the parties agree that such
determination shall not result in the nullity or unenforceability of
the remaining portions of this Agreement . The parties further agree
to replace such void or unenforceable provisions which will achieve,
to the extent possible, the economic, business and other purposes of
the void or unenforceable provisions .
10 . 07 Counterparts . This Agreement may be executed in separate
counterparts, each of which shall be deemed as an original, and when
executed, separately or together, shall constitute a single original
instrument, effective in the same manner as if the parties had
executed one and the same instrument .
10 . 08 Waiver . No waiver of any term, provision or condition of
this Agreement, whether by conduct or otherwise, in any one or more
instances, shall be deemed to be, or be construed as, a further or
continuing waiver of any such term, provision or condition or as a
waiver of any other term, provision or condition of this Agreement .
10 . 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
correspondence, conversations, negotiations, agreements or
understandings relating to the same subject matter.
10 . 10 Time of Essence . Time is of the essence of each provision
of this Agreement in which time is an element .
10 . 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 party to the other, shall survive the Closing
and be binding upon and inure to the benefit of the respective
Purchase Agreement - Schmidt Page 9
parties hereto and their respective heirs, successors and permitted
assigns .
10 . 12 Assianment . Except as expressly permitted herein,
neither party to this Agreement shall assign its rights or
obligations under this Agreement to any third party without the prior
written approval of the other party.
10 . 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 appropriate to
consummate and carry into effect the transactions described and
contemplated under this Agreement .
10 . 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.
10 . 15 Broker 's Commission . District shall not be responsible
for any real estate commission or other related costs or fees in this
transaction . Seller agrees to and does hereby indemnify and hold
District harmless from and against any and all costs, liabilities,
losses, damages, claims, causes of action or proceedings which may
result from any broker, agent or finder, licensed or otherwise,
claiming through, under or by reason of the conduct of Seller in
connection with this transaction .
10 . 16 Captions . Captions are provided herein for convenience
only and they form no part of this Agreement and are not to serve as
a basis for interpretation or construction of this Agreement, nor as
evidence of the intention of the parties hereto.
10 . 17 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 .
11 . Acceptance . Provided that this Agreement is signed by
Seller and returned to District on or before September 21, 1990
District shall have until midnight October 10, 1990 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 the receipt of the
sum of Ten Dollars ($10 . 00) . Provided that this Agreement is
Purchase Agreement - Schmidt Page 10
accepted by District, this transaction shall close as soon as
practicable in accordance with the terms and conditions set forth
herein .
Purchase Agreement - Schmidt Page 11
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
g ent 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.
MIDPEN M-U A REGIONAL OPEN SPACE
SELLER
DISTRT .T ',
APPROVED AS T FORM:O RM:
Rarldy Schmidt )
Date : ,G J
r
Stanley Nort n, District ounsel
ACCEPTEQ FOR R C)MMFNI�ATION —OS
��9
�Sandra C�o1oLper Schmidt
A
Date :
L. Craig Britton, SR/WA
Land Acquisition Manager
APPROVED AND ACCEPTED :
President, Board of Directors
AT=:
District Clerk
Date :
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-90-112
(Meeting 90-23
October 10, 1990)
REPORT
October 3, 1990
TO: Board of Directors
FROM: C. Britton, Assistant General Manager
RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; D. Woods ,
Principal Open Space A. Cummings ,
Environmental Analyst; C. Bruins ,
Administrative Assistant
SUBJECT: Proposed Addition of Mayr Property to Sierra Azul Open Space
Preserve
Recommended Actions:
1 . Adopt the accompanying 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
Mayr) .
2. Tentatively adopt the Preliminary Use and Management Plan recommen-
dations contained in this report, including naming the property as an
addition to Sierra Azul Open Space Preserve.
3. Indicate your intention to withhold the property from dedication as
public open space at this time.
Introduction
The proposed acquisition consists of an 85 acre parcel of land, located in
a relatively level area on the north slope of Soda Springs Canyon, next to
Soda Springs Road above Lexington Reservoir. The property could become an
additional staging area for Sierra Azul Open Space Preserve, with trails
leading to the Cathedral Oaks and Limekiln Canyon areas of the preserve.
An old house on the property could provide a caretaker or ranger
residence. Two wells on the property provide a reliable water supply.
1 . Property Identification
Property owner: Josefine Mayr
201 San Antonio Circle, Suite C-135 . Mountain View, California 94040 • Phone: (415) 949-5500 • FAX: (415) 949-5679
General Manager:Herbert Grench Board of Directors:Richard Bishop,Betsy Crowder,Katherine Duffy,Nonette Hanko,Teena Henshaw,Robert McKibbin,Edward Shelley
Report 90-112 Page 2
Size: 84.89 acres
2. Location and Boundaries (see attached map)
Regional setting: East of Lexington Reservoir between Soda Gulch
and Hendrys Creek, in Santa Clara County
Road access: On Soda Springs Road about one and a half miles from
Alma Bridge Road. Soda Springs Road is a paved county-maintained
road.
Boundaries: Surrounded on all sides by private property with the
exception of the southwest corner, which adjoins the Cathedral Oaks
Area of Sierra Azul Open Space Preserve; Limekiln Canyon Area of
Sierra Azul Open Space Preserve lies approximately one-third mile to
north and east.
II
Nearby public lands: Lexington Reservoir County Park and the
Cathedral Oaks Area of Sierra Azul Open Space Preserve lie to the
west; the Limekiln Canyon Area of Sierra Azul Open Space Preserve
occupies the upper end of Soda Springs Canyon to the north and east.
Nearby landmarks: Priest Rock, Lexington Reservoir, and Mt. Thayer
3. Topography and Hydrology
Prominent topographic features: Property occupies a relatively level
area halfway up the steeper north-facing wall of Soda Springs Canyon.
Elevation range: 1 , 200 feet on the northern boundary to 1 ,680 feet
on the southeast corner.
Slope steepness: Gentle, rolling topography; several areas cleared
and leveled for building pads.
Slope exposure: The property lies on the north-facing side of Soda
Springs Canyon, but all slope exposures are represented because of
the relatively gentle rolling topography.
Watershed: Drains into Soda Springs Canyon which flows into
Lexington Reservoir.
4. Geology and Soils
Seismology: San Andreas Fault approximately one and a half miles to
the west.
Soil classification: Highly erodible Los Gatos-Maymen type.
Report 90-112 Page 3
Soil stability: Rapid runoff and low soil permeability result in
high erosion and landslide potential , particularly on steeper slopes
when the soil becomes saturated; property has been rated in a
geologic hazard zone.
5. Flora and Fauna
Plant communities: Mixture of chaparral and mixed evergreen forest,
with riparian forest in the canyon bottom; large area just north of
entrance road has been used as a horse pasture and is almost bare of
vegetation; olive trees have been planted around part of road and
building pad.
Dominant flora: Chamise, baccharis, manzanita, scrub oak, toyon;
bay, madrone, live oak and Douglas fir in the moist areas; exotics
include many olive trees and two tall cypresses.
Common fauna: Blacktailed deer, brush rabbit, coyote, bobcat,
rattlesnake, various lizards, dragons, rodents and birds.
6. Visual Qualities
Viewshed: Forms portion of scenic backdrop above Lexington Reservoir
and State Highway 17 .
Vistas: Lexington Reservoir basin to the west; Soda Springs Canyon
and Priest Rock Ridge to the north; Sierra Azul ridge to the east.
7 . Existing Improvements
An old dirt road, called Wood Road in the title report, runs through
the center of the property from west to east and ends at private
properties beyond the subject parcel. A road easement through the
property has been recorded, although the width and route are not
specified. There is a gate at the junction of Soda Springs Road and
Wood Road. A fenced horse pasture occupies the gentle terrain north
of Wood Road. Beyond the pasture, Wood Road forks to a level
building pad overlooking the horse pasture. The pad is surrounded by
large olive trees. A well and pump lie nearby. A concrete-lined,
freeform swimming pool (now empty) adjoins the building pad. Beyond
the pool is a concrete 10-stall stable that burned down during the
Lexington fire and is now crumbling.
Continuing up Wood Road, one passes a dirt track leading up a knoll
to the south. Beyond this, one comes to the main house, now occupied
by tenants. This house was purportedly built in 1883. A note in the
county file implies that the historical society has shown interest in
the house in the past. The house is served by a well , which the
tenant claims is running dry. However, there is an excellent spring
Report 90-112 Page 4
and holding pond behind the house. The spring has continued to flow
well throughout the drought. Beyond the house the road passes the
main well and a structure used as a garage and storage area. It then
forks again. One fork leads to another building pad, containing a
double-width trailer in fair condition but not currently occupied.
According to the tenant, this trailer is "stuck" and cannot be moved.
A propane tank lies in the brush next to the trailer. There is also
a wooden garage-like structure, now used for storage. A large nearby
madrone had recently been felled in this area.
The other branch of the road leads west toward private properties.
Another fork, heavily overgrown with brush, leads to a run down
cabin, filled with debris. There is an excellent view down Soda
Springs Canyon from this area.
8. Existing Use
The main house is rented out to a tenant who keeps three horses in
the pasture. The other outbuildings, with the exception of the
trailer, appear to be used for storage. A notice of building code
violation has been recorded for the property. The two wells are both
functional; one is 135 g.p.m. , the other 40 g.p.m. Apparently three
other property owners use Wood Road for access to their lands.
9. Planning Considerations
Political boundaries: Unincorporated Santa Clara County, within
District boundaries.
Zoning: Hillside (HS) , requiring a 20 to 60-acre minimum lot size,
depending on slope. A three-lot cluster subdivision application was
approved in 1984 , but expired in 1988 . The property is currently
considered one legal parcel .
Master Plan rating: Low ranking for suitability as open space.
Use and Management Plan review: Interim Use and Management Plan will
be reviewed within a three-year period.
Regional plans: The Bay Area Ridge Trail Plan identifies a potential
trail corridor from the southern end of Lexington Reservoir through
District land and the proposed acquisition. The corridor would
continue up the north side of Soda Springs Canyon, ultimately
connecting with the Sierra Azul summit.
10. Potential Use and Management
The property could become an additional staging area for Sierra Azul
Open Space Preserve, with trails leading to the Cathedral Oaks and
Report 90-112 Page 5
Limekiln Areas of Sierra Azul Open Space Preserve. The flat building
pad area close to Soda Springs Road would be an ideal location for
parking, offering shade, water, and minimum grading and vegetation
removal. Any staging in this area should be accompanied by a ranger
or caretaker residence. The main house should be evaluated for this
purpose. The other structures (trailer, cabin, pool, and stable)
appear to pose safety hazards and should be removed.
11 . Public Safety Review
A detailed inspection will be performed on the site prior to your
final adoption of the Preliminary Use and Management Plan. The
purpose of the inspection is to identify existing and potential
safety hazards. The site will remain closed until the inspection has
occurred and any identified safety hazards have been eliminated.
12. Preliminary Use and Management Recommendations
Signs: Install private property and preserve boundary signs where
appropriate.
Roads: Contact other property owners using the road to discuss a
road maintenance agreement.
Site Emphasis designation: Conservation Management Unit (CMU)
13. Name
The property should be named as an addition to the Cathedral Oaks
Area of Sierra Azul Open Space Preserve.
lI 14. Dedication
I recommend that you withhold the property from dedication as public
open space at this time. This would allow for a trade of development
rights or sale of a portion or all of the property if the District is
not successful in acquiring other necessary land in the area.
15. Terms
This 85-acre parcel has the potential for subdivision into three
separate sites (such a subdivision was previously approved, but has
since expired) . The attached purchase agreement provides for payment
of $600,000 in cash at close of escrow. It is estimated that the
improvements on the property are worth $150, 000 (2 wells , house,
barns, etc. ) , leaving a balance of $450,000 of value in the land, or
$150,000 per raw building site based upon the 3-lot subdivision
Report 90-112 Page 6
potential. This amount is considered to be fair and reasonable based
upon current market conditions. The house on the property would be
managed as an enterprise account.
16. Funding
The full explanation of this funding summary is contained in report
R-90-33 dated March 5, 1990.
The District's 1990-1991 fiscal year budget includes $15.4 million
for new open space acquisitions; $15.2 million in cash outlay and
$0.2 million in notes.
The following is a current summary of cash expenditures for open
space acquisition for the 1990-1991 fiscal year:
Land Acquisition Funds for this Fiscal Year (Cash)
Purchase escrows closed
Previously Approved Acquisitions (not closed)
including the Schmidt property purchase
scheduled earlier on this agenda
The Mayr Property Acquisition Recommended
for Approval on this Agenda (Not including the
acquisition scheduled later on this agenda)
$ 15,200,000
($ 5,944,000)
($ 880,000)
600,000)
Remaining Cash Balance for Future Acquisitions this
Fiscal Year $ 7,776,000
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
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
MAYR)
The Board of Directors of the Midpeninsula Regional
Open Space District does resolve as follows:
Section One. The Board of Directors of the Midpenin-
sula Regional Open Space District does hereby accept the offer
contained in that certain Purchase Agreement between Josefine
Mayr 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 certifi-
cate of Acceptance on behalf of the District.
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 $25,000 to cover the cost of title
insurance, escrow fees, demolition, and other miscellaneous costs
related to this transaction.
Section Five. It is intended and hereby authorized
that the District 's General Fund will be reimbursed in the amount
of $600, 000 from the proceeds of the next long term District note
issue.
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PURCHASE AGREEMENT
This Agreement is made and entered into by and between JOSEFINE MAYR,
an unmarried woman, 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; and
WHEREAS, District was formed by voter initiative to solicit and
receive conveyances of real property by purchase, exchange, gift, or
bargain purchase for public park, recreation, scenic and open space
purposes; and
WHEREAS, District desires to purchase said property for open space
preservation and as part of the ecological 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,
State of California, containing approximately eighty four and eighty
nine one hundredths (84 . 89) acres, more or less, and commonly
referred to as Santa Clara County Assessor's Parcel No . 558-29-033 .
Said property being further described in the Legal Description
attached to Preliminary Title Report number 33106212, dated April 5,
1990 from Stewart Title Guaranty Company, a copy of said preliminary
title report attached hereto as Exhibit "A, " and incorporated herein
by this reference . 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 Six Hundred Thousand and No/100 Dollars
Purchase Agreement - Mayr Page 2
($600, 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 15 herein, an escrow shall be opened at
Stewart Title Guaranty Company, 236 N. Santa Cruz Avenue, Los Gatos,
CA 95030, phone number (408) 395-3630, or other title company
acceptable to District and Seller (hereinafter "Escrow Holder")
through which the purchase and sale of the Property shall be
consummated. A fully executed copy of this Agreement shall be
deposited with Escrow Holder to serve as escrow instructions to
Escrow Holder; provided that the parties shall execute such
additional supplementary or customary escrow instructions as Escrow
Holder may reasonably require . This Agreement may be amended or
supplemented by explicit additional escrow instructions signed by the
parties, but the printed portion of such escrow instructions shall
not supersede any inconsistent provisions contained herein . Escrow
Holder is hereby appointed and instructed to deliver, pursuant to the
terms of this Agreement, the documents and monies to be deposited
into the escrow as herein provided, with the following terms and
conditions to apply to said escrow:
(a) The time provided for in the escrow for the close thereof
shall be on or before October 31, 1990, 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 t-he Grant Deed (as defined below) to be recorded
in the Office of .the County Recorder of Santa Clara County.
(b) Seller and District shall, during the escrow period,
execute any, and all documents and perform any and all acts reasonably
necessary or appropriate to consummate the purchase and sale pursuant
to the terms of this Agreement .
(c) Any and all rents shall be prorated as of the Closing and
Seller shall deliver to District, through the escrow agent, original
signed copies of the current rental and/or lease agreements, if any,
together with any and all security and other deposits . All rents
collected by Seller after the Closing shall be paid by Seller to
District .
(d) Seller shall deposit into the escrow on or before the
Closing an executed and recordable Grant Deed covering the Property.
Closing:(e) District shall deposit into the escrow, on or before the
Purchase Agreement - Mayr Page 3
(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 Six Hundred Thousand and No/100 Dollars ($600, 000 . 00)
(f) Seller shall pay for the escrow fees, the CLTA Standard
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 handled in
accordance with Section 4986 of the Revenue and Taxation Code of the
State of California .
(g) Seller shall cause Stewart Title Guaranty Company, or other
title company acceptable to District and Seller, to be prepared 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 $600, 000 . 00 for the Property showing title to the Property
vested in fee simple in District, subject only to : W current real
property taxes; (ii) reported title exceptions 4 through 10, and 12;
and (iii) such 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 disapproved
exceptions before the time set forth for the Closing, District shall
have the right either : W to terminate the escrow provided for
herein (after giving written notice to Seller of such disapproved
exceptions and affording Seller at least twenty (20) days to remove
such exceptions) and then Escrow Holder and Seller shall, upon
District ' s direction, return to the parties depositing the same' all
monies and documents theretofore delivered to Escrow Holder or; (ii)
to close the escrow and consummate the purchase of the Property.
(h) Escrow Holder shall, when all required funds and
instruments have been deposited into the escrow by the appropriate
parties and when all other conditions to Closing have been fulfilled,
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 (f) ) , 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
i
Purchase Agreement - Mayr Page 4
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 severallyliable to Escrow Holder
alder for payment of its
title and escrow cancellation charges (subject to rights of
subrogation against any art whose fault may
party y have caused such
termination of escrow) and each art expressly
rights party P essly reserves any other
is and remed
ies whic
h ch i t may have against any other party by
reason of a wrongful termination or failure to close escrow.
5 . Leases or Orrupncy of Premises . Seller warrants that there
exist no oral or written leases or rental agreements affecting ectin all. or
g
any portion of the Subject Property except for the current tenants at
the main house on the Property. Seller further warrants and agrees
to hold District free and harmless and to reimburse District for any
and all costs, liability, loss, damage or expense, including costs
for legal services, occasioned by reason of any other 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 c q. 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 Re-presentations 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 sufficient to
convey to District the Subject Property described therein, and are
enforceable in accordance with their respective terms and do not
violat
e any pro
visions i ons 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 .
Purchase Agreement - Mayr Page 5
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 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 . "As-Is Purchase and Sale. District has inspected the
Property and determined its condition to be satisfactory for District
purposes . If District has the Property inspected by a third person,
District will rely solely upon its own inspection and that third
person ' s report . District waives its right to recover from Seller for
any damage not disclosed by District 's inspection or revealed by any
third person ' s inspection; provided, however, that Seller is
obligated to disclose any and all damage or defects known to Seller .
The Property is being purchased "As-Is" by District without warranty
as to: (1) the condition of the improvements, (2) zoning, or
permitted use of the property. (3)
8 . Integrity of Proi2erty. Except as otherwise provided herein or
by express written permission granted by District, Seller shall not,
between the time of Seller 's execution hereof and the close of
escrow, cause or allow any physical changes on the Property. Such
changes shall include but not be limited to grading, excavating or
other earthmoving activities, cutting or removing trees, shrubs,
brush or other vegetation, and damaging or demolition of improvements
or structures on the Property.
9 . Hazardous Substance--, . "Hazardous substance" as used her
means and includes polychlorinated biphenyls (PCB ' s) , benzene,
asbestos or any other substance the placement, storage or removal of
which is prohibited or regulated by federal, state or local law.
(a) Seller warrants and represents that :
(i) During Seller' s ownership of the Property Seller has not
placed or stored or allowed to be placed or stored any hazardous
substance on the Property.
(ii) Seller has no knowledge of the presence on the Property
of any hazardous substance, whenever or however placed or stored.
Purchase Agreement Ma
yr Page 6
(b) If hazardous substances are subsequently found to exist on
the Property, District may exercise its right to bring an action if
necessary to recover cleanup costs from Seller or any other person or
persons who are ultimately determined to have responsibility for the
hazardous substances on the Property. However, under no circumstances
shall Seller be held liable for costs other than those incurred in
the cleanup of the hazardous substances resulting from Seller ' s
ownership and operation of the property.
10 . 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) the Uniform Relocation
Act Amendments of 1987 (Public Law 100-17) , Title IV of the Surface
Transportation and Uniform Relocation Assistance Act of 1987 (101
Statutes, 246-256) , and California Government Code Section 7267, and
following . Seller hereby waives any and all existing and/or future
rights Seller 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 .
11 . Miscellaneous Realty Items Acauired It is understood and
agreed by and between the parties hereto that the payment specified
in Section 2 hereinabove includes, but is not limited to, payment
for : the existing wood frame home (carpeting, window coverings,
built-in appliances, air heating system, T.V.antenna, if any) , water
heater (s) , two wells, mobile home, storage barn, and all other
improvements permanently attached or affixed to the buildings, or to
the property which are being acquired by District as a part of this
transaction .
12 . Risk of Loss , Any risk of loss to the Property for any
reason whatsoever shall be born by Seller until title to said
Property has been conveyed to District by recorded Deed.
13 . Miscellaneous Provisions .
13 . 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 .
13 .02 Attorneys ' Fees . If either party hereto incurs any
expense, including reasonable attorneys ' fees, in connection with any
Purchase Agreement - Mayr
Page 7
action or proceeding instituted by reason of any default or alleged
default of the other party hereunder, the party prevailing in such
action or proceeding shall be entitled to recover from the other
party reasonable expenses and attorneys ' fees in the amount
determined by the Court, whether or not such action or proceeding
goes to final judgment . In the event of a settlement or final
judgment in which neither party is awarded all of the relief prayed
for, the prevailing party as determined by the Court shall be
entitled to recover from the other party reasonable expenses and
attorneys ' fees .
13 . 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
contained in this Agreement or the performance of any obligations of
the other party; or (iv) waive the fulfillment of any condition that
is precedent to the performance by such party of any of its
obligations under this Agreement . Any agreement on the part of any
party for any such amendment, extension or waiver must be in writing.
13 . 04 Rights 1 4— . Each and all of the various rights,
powers and remedies of the parties shall be considered to be
cumulative with and in addition to any other rights, powers and
remedies which the parties may have at law or in equity in the event
of the breach of any of the terms of this Agreement . The exercise or
partial exercise of any right, power or remedy shall neither
constitute the exclusive election thereof nor the waiver of any other
right, power or remedy available to such party.
13 .05 _No IIC-ea. 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, telefax communication or cable or sent by registered
or certified mail, return receipt requested, with postage thereon
fully prepaid. All such communications shall be addressed as follows :
Seller :
Josefine Mayr
C/o Fox and Carskadon/Better Homes and Gardens
Attn: Gail Ellena
290 Saratoga Ave
Purchase Agreement - Mayr Page 8
Los Gatos, CA 95030
(408) 354-5174
Fax: (408-354-3933)
Copy To: Gary Beck-Joe Beatty Real Estate
7172 Anjou Creek Circle
San Jose, CA 95120
(408-268-4062)
Fax: ( 408-927-0225)
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
(4 15) 94 9-5500
Fax: (415-949-5679)
Copy To: Stanley R. Norton, Esq.
407 Sherman Avenue
Palo Alto, CA 94306
(4 15) 324-13 6 6
Fax: (415-327-9151)
If sent by telegraph, telefax communication or cable, a conformed
copy of such telegraphic/telefaxed communication or cabled notice
shall promptly be sent by mail (in the manner provided above) to the
addressee . Service of any such communication made only by mail shall
be deemed complete on the date of actual delivery as 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 appropriate, but
any oral notice given shall not satisfy the requirement of written
notice as provided in this Section .
13 . 06 Severability. If any of the provisions of this Agreement
are held to be void or unenforceable by or as a result of a
determination of any court of competent jurisdiction, the decision of
which is binding upon the parties, the parties agree that such
determination shall not result in the nullity or unenforceability of
the remaining portions of this Agreement . The parties further agree
Purchase Agreement - Mayr
Page 9
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 .
13 . 07 Count _rp rrG . This Agreement may be executed in separate
counterparts, each of which shall be deemed as an original, and when
executed, separately or together, shall constitute a single original
instrument, effective in the same manner as if the parties had
executed one and the same instrument .
13 . 08 Waiver. No waiver of any term, provision or condition of
this Agreement, whether by conduct or otherwise; in any one or more
instances, shall be deemed to be, or be construed as, a further or
continuing waiver of any such term, provision or condition or as a
waiver of any other term, provision or condition of this Agreement .
13 . 09 F'n ; r A2 PPMeMJ. 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 p edes any and all prior
correspondence, conversations, negotiations, agreements or
understandings relating to the same subject matter.
ub
ma
� er.
13 . 10 Tim _ of ��PnrA Time is of the essence of each provision
of this Agreement in which time is an element .
13 . 11 survival of rw Hangs . 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
13 . 12 Assig men . Except as expressly
party to this Agreement shall assign its rights or obligations under neither
this Agreement to any third party without the prior written approval
of the other party.
13 . 13 Further Do Im nt 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 appropriate to
consummate and carry into effect the transactions described and
contemplated under this Agreement .
Purchase Agreement Mayr Page 10
13 - 14 sors and This Agreement all of its terms, conditions and covenants are intended to be fullandy
effective and binding, to the extent permitted by law,
successors and permitted assigns of the Parties hereto. on the
13 . 15 Cap ion, . Captions are provided herein for convenience
only and they form no part of this Agreement and are not to serve as
a basis for interpretation or construction of this Agreement, nor as
evidence of the intention of the parties hereto.
13 . 16 In this Agreement, if it be
approp
riate, 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.
13 . 17
BLQkaZI-SL Cnmmicc; r., . As a part of the amount payable
under Section 2 hereinabove, Seller shall pay a real estate agent 's
commission in the total amount of Twenty Four Thousand and No/100
Dollars ($24, 000 . 00) payable as follows : Nine Thousand and No/100
Dollars ($9, 000 . 00) payable to Joe Beatty Real Estate, c/o Gary Beck,
7172 Anjou Creek Circle, San Jose, CA 95120; and Fifteen Thousand and
No/100 Dollars ($15, 000 . 00) payable to Fox & Carskadon/Better Homes
and Gardens, 290 Saratoga Ave . , Los Gatos, CA 95030 . No other such
commission is due or payable by istrict and the to and
does hereby indemnify and hold DiDstrict harmless fromSeller andagrees against any
and all costs, liabilities, losses, damages, claims, causes of action
or proceedings which may result from any broker, agent or finder,
licensed or otherwise, claiming through, under or by reason of the
conduct of Seller in connection with this transaction.
13 . 18
District understands that Seller
intends to effect a like kind exchange (including the Possibility of
a simultaneous or a delayed "Starker" exchange) , pursuant to Section
1031 of the Internal Revenue Code, of the Property for other property
to be designated by Seller . District agrees to cooperate with Seller
to effect such exchange by performing all acts necessary therefor;
provided, however, that District shall not be obligated to incur any
additional expense in connection with the performance of its
obligations under this Section 13 .
14 . pep an Provided that this Agreement is signed by
Seller and returned to District on or before August 24, 1990 District
shall have until midnight October 10, 1990 to accept and execute this
Agreement and during said period this instrument shall consti
irrevocable offer by Seller to sell and convey the Property totute an
Purchase Agreement Mayr
Page 11
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 the receipt of the sum of
Five Thousand and No/100 Dollars ($5, 000 . 00) within five working days
following execution of this agreement . Said amount shall be
applicable against the purchase price as stipulated in Section 2
hereinabove . 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 - Mayr
Page 12
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.
MIDPENINS LA REGIONAL OPEN PA E ELLER
DISTRICT
APPROVED A TO FORM:
i
Jc� efin Mayr
_.._ 6
Date :
Stanley Nor n, 'District ouns el
A PT F R RE MMENDATI N:
- l
L. Craig Britton, SR/WA
Land Acquisition Manager
APPROVED AND ACCEPTM:
President, Board of Directors
ATTEST:
District Clerk
Date:
I
i
I
I
I
PROPERTY ADDRESS
17915 Soda Spriligs Road sp =SCROW OFFICE:
Los Gatos, CA Los Gatos Office
236 N. Santa Cruz Avenue
Suite
STEWART TITLE Los Gatos , CA
95030
of California ( 408 ) 395-3630
PRELIMINARY REPORT
Issued for the sole use of:
FOX & CARSKADON
290 N. SARATOGA AVENUE Our Order No. 33106212
LOS GATOS, CA 95030
Attention: Gail Ellena
Telephone No. ( 408) 354-5174 When replying please contact
Escrow Officer : Gunta
In response to the above referenced application for a Burks
TITLE GUARANTY COMPANY hereby reports that it is policy of title insurance, STEWART
issued, as of the date hereof, A prepared to issue, or cause to be
land and the estate or interest therein yhere herei or nafter set forth of Title Insurance describing the
which may be sustained , insuring by reasonect, 9 against
referred to as an Exception in Schedule a 8 ore not excluded from ien or bcovera crance overage shown or
the printed Schedules, Conditions and Stipulations of said Policy forms. g Pursuant to
The printed Exceptions and Exclusions from the coverage of said Policy or Policies ar
forth in the attached list. Copies of the Policy forms should
available from the office a set
which issued this report,
ould be read. They are
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO IS I
PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE
NCE AND
NO LIABILITY IS ASSUMED HEREBY. ) ISSUED FOR THE
PRIOR TO THE ISSUANCE OF A POLICY OF IT
INSURANCE,DESIRED HATBINDER LIABILITY BEAASSU ENT SHOULD BE REQUESTED. OR•COMMITMENT
Dated as of : April 05, 1990 at 7 : 30 a .m.
William Payne, �, TiOeOfficer
The form of policy of title insurance contemplated by this report is:
1) California Land Title Association Standard Coverage Policy -
1988
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 is vested in:
JOSEFINE MAYR, an unmarried woman
EXHIBIT'
CLTA PRELIMINARY REPORT (Effective 7-1-88) Page J of
Order No. : 33106212
LEGAL DESCRIPTION
The land referred
to in this report
is situated in the State of California
County of Santa Clara, , described as follows :
(Unincorporated Area)
ALL Of LOTS 1 , 2, 3 and 4 of Section 3 , Township 9 South, Rane 1
West , Mount Diablo Base and Meridian. g
EXCEPT THEREFROM the following parcels of land:
(a) That certain parcel of land conveyed by Gaspard Turel , et ux, to
H. S. Markey, by Deed dated April 14 , 1888 and recorded April 14, 1888
in Volume 106 of Deeds, at Page 332 . ,
(b) That certain parcel of land conveyed by Gaspard Turel , et ux to
,
Alexis Miguet , by Deed dated July 23 , 1888 and recorded August 23 ,
1888, in Volume 106 of Deeds , at Page 620 .
(c) That certain parcel of land conveyed by Gaspard Turel , et ux, to
Robert G. Adair , by deed dated January 14 , 1892 and recorded February
13, 1892, in Volume 145 of Deeds, Page 36 .
(d) That certain parcel of land conveyed by Gaspard Turel , et ux, to
J.A. Province, Alexis Miquet , Xavier Weltz , trustees of Sunnyside
School District , by Deed dated September 2, 1895 and recorded
September 20, 1895 in Volume 183 of Deeds, at Page 279 .
( e) That certain parcel of land conveyed by Gaspard Turel to Alexis
Ducrey, by Deed dated March 1899 , and recorded March 8, 1899 , in
Volume 217 of Deeds , at Page 162 .
( f) Beginning on the Easterly line of Lot 4 of Section 3 , Township 9
South, Range 1 West Of Mount Diablo Base and Meridian, where the said
Easterly line intersects the Southwesterly line of the Soda Sprin
Road; and running
s
thence Southeasterly along the Southwesterly linge of
the said Soda Springs Road to the most Northwesterly corner of that
certain 2 . 25 acre tract conveyed by Deed from F. Johnson M
Johnson, his wife, to Edward P. Kelly and LettiReay M. Kelly, hisand wife,arie
dated October 19 , 1944 and recorded October 23, 1944 , in the Office of
the County Recorder of Santa Clara County, State Of California, at
Book 1223 Of Official Records , Page 390 ; thence South 1 degree 30 ' oo"
East along the Westerly line of the said lands of Kelly,
250 - 84 fee
to the Southerly line of Lot 3 of Section 3 , T. t
9 . , R 1 W.
Point is also the most Southwesterly corner of theS said .lands ;ofwhich
Kelly; thence Westerly along the Southerly line of Lots 3 and 4 of
Section 3, T. 9 S. , R. 1 W. , North 88 degrees 45 ' West approximately
900 feet , more or less to a ravine; thence leaving the Southerly line
of Lots 3 and 4 of Section 3 , T. 9 S. , R. I W. , and meandering along
the centerline of said ravine in a generally Northeasterly by North
direction to a Point where the centerline of said ravine
the Southwesterly line of intersects
the Soda Springs Road; thence Southerl
along the Southwesterly line y
of Soda Springs Road to the Point of
beginning.
SCHEDULE A
CLTA PRELIMINARY REPORT
(7/88) EXHIBI-f 1-
Pa STEWART TITLE
g e Guaranty Company
Order No. 331062) "
APN 558-29-033
ARB 558-29-031
COMMONLY KNOWN AS: 17915 Soda Springs Road
Los Gatos , CA
-2-
EXHIBIT
:'age of
Order No. 33106212
At II the date hereof, execeptions to coverage in addition to the printed exceptions
and exclusions in a POlicY of Title Insurance are as follows:
1 . County and City Taxes for the Fiscal Year 1990/1991 , a lien not yet
due or payable.
2 . County and City Taxes for the Fiscal Year 1989/90
lst Installment $426 . 06 PAID
2nd Installment $426 . 06 NOT MARKED PAID
Land $62, 188 . 00
Improvements $17, 900 . 00
Exemptions $ NONE
A.P.N. 558-29-033
Code Area 80008
3 . Supplemental Taxes assessed pursuant to the provisions of Chapter 3 . 5
(Commencing with Section 75 ) of the Revenue and Taxation Code of the
State of California.
First Installment $174 . 90 DELINQUENT +
Second Installment : $174 . 90 DELINQUENT + $27 , 49 2nd Penalty
A.P.N. 558-29-033-72
4 . 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 .
5 . The right of the public to use as a roadway so much of the herein
described premises lying within the bounds of Soda Springs Road.
6 . A right of way for road purposes , as the same was granted by Gaspard
Turel , et ux, to Robert G. Adair , by Deed dated April 14 , 1888 and
recorded February 13 , 1892 in Book 141 of Deeds, at Page 604 , and by
Gaspard Turel , et ux, to Cayetano Arellano, by Deed dated April 14 ,
1888 and recorded February 13 , 1892 in Book 141 of Deed, at Page 606 .
The width and route of said road is not determinable from the record .
7 . Any and all existing roads and/or rights of way traversing premises ,
as the same are evidenced by various records of survey and incidental
maps .
8 . The terms and provisions of that certain Land Conservation Contract
dated November 26 , 1973 between Louis G. Gagliasso, Trustee as Owner
of Lessee , and the County of Santa Clara , State of California, and a
Political subdivision, recorded February 20 , 1974 in Book 0768 , Page
385 Official Records .
9 . Accretion and anulsion water rights as disclosed by a ravine on
survey .
10 . Acknowledgement Statement of Potential Geologic Hazards , recorded
March 19 , 1984 , in Book I385, Page 110, Official Records .
11 . DEED OF TRUST to sec
ure
r e an in
Amount debtedness of
$144 , 000 . 00
Dated
Ap
ril 19 , 1988
Trustor SCHEDULE B Jo sefin e Ma
Yr an unmarried
arried woman
CLTA PRELIMINARY REPORT Continued on next page
EX iht I— STEWART TITLE
Page of GUARANTY COMPANY
SCHEDULE "B" C rINUED:
Order No. 33106212
Trustee Mint Hill Service Corporation
Beneficiary Continental Savings of America
Address 1155 Market St .
10th Fl .
San Francisco, CA 94103
Attn: Loan Service
Loan No. 51015258
Recorded May 4, 1988 , in Book K522 , Page 913
Official Records
12 . Notice of Building Code Violation Santa Clara County Ordinance Code
Section C1-76 by owner Josephine Mayr, dated February 2 , 1990 recorded
February 2 , 1990 , in Book L248 at Page 2077 , Official Records .
13 . Possible community interest , if any, of the spouse of Josefine Mayr .
NOTE:
1 . Supplemental Taxes assessed pursuant to the provisions of Chapter 3 . 5
(Commencing with Section 75 ) of the Revenue and Taxation Code of the
State Of California .
First Installment : $13 - 71 PAID
Second Installment : $13 - 71 PAID
A.P.N. : 558-29-033-71
2 . There have been no conveyances of said land recorded within 24 months
prior to the date of this report .
3 . Short Term Rate - May 4 , 1988
4 . The issuance of this report may be conditioned upon payment of a
Cancellation Fee if a Policy of Title Insurance is not issued in
connection with this order . Said fee shall be in an amount not less
than the minimum charge set forth in the filed rate schedule, and is a
required charge pursuant to Section 12404 . 1 of the Insurance Code of
the State of California .
GB/WP/mmf/jsm
04-17-90
-2-
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Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-90--114
(Meeting 90-23
October 10 , 1990)
REPORT
October 4 , 1990
TO: Board of Directors
FROM: C. Britton, Assistant General Manager
SUBJECT: Proposed Transfer of Private Water Line Easement - Purisima Creek
Redwoods Open Space Preserve (Lands of Fischer)
Recommended Action:
Adopt the Accompanying Resolution of the Board of Directors Approving and
Authorizing Acceptance of Agreement for Transfer of Interest In Real
Property Authorizing Officer to Execute a Deed for the Real Property
Interest Being Released, and Authorizing General Manager to Execute Any and
All Other Documents Necessary or Appropriate to Closing of the Transaction
(Purisima Creek Redwoods Open Space Preserve - Lands of Fisher)
Discussion:
At your meeting of July 11 , 1990 you approved acquisition of the former
Manzagol property addition to the Purisima Creek Redwoods Open Space
Preserve (see Report R-90-92 , dated July 30 , 1990) . Escrow closed on July
19, 1990, and after your final adoption of the Preliminary Use and
Management Plan (see Report R-90-92, dated July 30 , 1990) , District staff
was approached by Kenneth Fisher, owner of the former Vallerga property,
which is surrounded by the District preserve, in regard to a possible water
line easement within the right of way for Purissima Road. Apparently the
Fishers have been without water since their well went dry many months ago.
They have been trucking domestic water ever since. In exchange, Mr. Fisher
has offered to provide all maintenance on Purissima Road as long as the
District uses the road for patrol , maintenance and emergency purposes (that
is , no public use) . From the District ' s perspective, the area of the
easement is already encumbered by the Purissima Road right of way and the
installation of a water line will create only a minor disruption. The
final road surface will be improved, and the relief from future road
maintenance is a definite advantage to the District.
201 San Antonio Circle, Suite C-135 • Mountain View, California 94040 • Phone: (415) 949-5500 . FAX: (415) 949-5679
General Manager:Herbert Grench Board of Directors:Richard Bishop,Betsy Crowder,Katherine Duffy,Nonette Hanko,Teena Henshaw,Robert McKibbin,Edward Shelley
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
APPROVING AND AUTHORIZING ACCEPTANCE OF
AGREEMENT FOR TRANSFER OF INTEREST IN REAL
PROPERTY AUTHORIZING OFFICER TO EXECUTE A
DEED FOR THE REAL PROPERTY INTEREST BEING
RELEASED, AND AUTHORIZING GENERAL MANAGER TO
EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY
OR APPROPRIATE TO CLOSING OF THE TRANSACTION
(PURISIMA CREEK REDWOODS OPEN SPACE
PRESERVE - LANDS OF FISHER)
The Board of Directors of the Midpeninsula Regional Open Space
District does resolve as follows:
Section One. The Board of Directors of the Midpenin-
sula Regional Open Space District does hereby accept the offer
contained in that certain Agreement For Transfer of Interest in
Real Property by and between Kenneth Fisher et ux. and the
Midpeninsula Regional Open Space District dated October 5, 1990,
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 in behalf of the District.
Section Two. The President of the Board or other
appropriate officer is authorized to execute the Deed granting
the real property interests being conveyed by the District.
Section Three. The General Manager of the District
shall cause to be given appropriate notice of acceptance. The
General Manager is further authorized to execute any and all
other documents necessary or appropriate to the closing of the
transaction.
Section Four. The Board of Directors finds that the
granting and releasing of the real property interest is in
accordance with the Basic Policy of the District and is not
detrimental to the open space character of Purisima Creek
Redwoods Open Space Preserve.
AGREEMENT FOR TRANSFER OF INTEREST
IN REAL PROPERTY
THIS AGREEMENT is made and entered into by and between KEN
FISHER and SHERRILYN FISHER, husband and wife, hereinafter
referred to as "Grantee, " and the MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT, hereinafter referred to as "District. "
W I T N E S S E T H
WHEREAS, DISTRICT is the owner of that certain parcel of
land commonly known as San Mateo County Assessor' s Parcel Number
67-29-03 which is identified as "Parcel One" on the map labeled
Exhibit "A" as attached hereto and by this reference made a part
hereof; and
WHEREAS, GRANTEE is the owner of that certain parcel of land
commonly known as San Mateo County Assessor' s Parcel Number 67-
29-02, identified as "Parcel Two" on said Exhibit "A; " and
WHEREAS, GRANTEE desires to acquire an easement for
construction and maintenance of a water pipeline and
appurtenances thereto over District ' s Parcel One for the benefit
of Parcel Two; and
WHEREAS, DISTRICT desires that Grantee forever maintain
"Purissima" Road as between Grantee and District so long as
District uses said road for patrol and maintenance purposes.
NOW THEREFORE, IT IS MUTUALLY AGREED AND UNDERSTOOD AS
FOLLOWS:
1. Property Interest to be Conveyed by District. District
agrees to convey to Grantee and Grantee agrees to accept
from District, the following interest in Parcel One:
an easement for the installation, maintenance, and
replacement of an underground water pipeline for the
purposes of providing domestic water to Grantee ' s Parcel
Two. Said easement to be located along the northernmost
line of parcel one, within the existing easement area for
Purissima Road as the same is shown on that certain map
entitled "Map No. 2 of Sierra Morena Woods, San Mateo
County, California, " filed for record in the office of the
Recorder of San Mateo County, California on December 15,
1924 in Liber 12 of Maps at page 12.
2. Right of Design Review and Approval by District. District
shall have the right to design review and approval with
Agreement For Transfer of Interest - Fisher Page 2
respect to any and all improvements made within said
easement area. Prior to any construction of any water line
within the easement area, Grantee shall submit plans and
specifications for any and all improvements, including
grading, trenching, and soil compaction information showing
elevations, grade, and dimensions and any proposed road
improvements. District shall comment on such plans within
10 days of receipt and District ' s approval shall not be
unreasonably withheld.
3. Maintenance and Construction Costs. Grantee understands and
agrees that all improvements and maintenance required for
Grantee ' s use of the easement granted herein by District
shall be the sole responsibility of and shall be performed
at the sole cost and expense of Grantee.
4. Survey of the Easement. District and Grantee understand and
agree that a legal survey of the easement to be conveyed by
the District may be required, and Grantee hereby agrees to
make provisions for such survey and pay the cost of same.
It is further understood and agreed that the map (Exhibit
"A") shall be an acceptable representation of the easement
to be conveyed by District until such time as the survey
shall be completed and/or the legal description prepared and
recorded as a part of an easement deed. The recorded legal
description will then merge with and be incorporated into
this Agreement and the Easement Deed thus superseding and
replacing said map depicting the easement to be conveyed by
District.
5. Road Maintenance. In exchange for the granting of said
easement, and so long as District uses Purissima Road for
patrol, maintenance and emergency proposes only, Grantee
agrees to provide and pay for all maintenance of said
Purissima Road as between District and Grantee, and
Grantee ' s successors and assigns. This covenant shall be
included and accepted by Grantee as a part of any easement
deed conveyed by District as provided herein.
6. Consideration. Consideration under this Agreement is
limited to the mutual promises between District and Grantee
in accordance with terms and conditions as set forth herein.
7 . Commissions. District shall have no obligation to pay any
real estate agents commission or other related costs or fees
in connection with this transaction.
8 . Acceptance. District shall have until midnight, October 10,
Agreement For Transfer of Interest - Fisher Page 3
1990, to accept and execute this Agreement, and until said
date this Agreement shall constitute and irrevocable offer
by Grantee to enter into a contract with the District on the
terms and conditions set forth herein.
9. Closing. Provided that this Agreement is accepted by
District as provided above, this transaction shall close and
all necessary documents shall be recorded in San Mateo
County within one-hundred twenty (120) days of the date of
such acceptance, absent a written extension between the
parties.
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 GRANTEE
DISTRICT
APPROVED AS TO FORM: Kenneth Fisher
Stanley Norton, District Counsel Date
ACCEPTED FOR RECOMMENDATION:
Sherrilyn Fisher
Date
L. Craig Britton SR/WA
Land Acquisition Manager
APPROVED AND ACCEPTED:
President, Board of Directors
ATTEST:
District Clerk
Date
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Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-90-113
(Meeting 90-23
October 10 , 1990)
REPORT
October 4 , 1990
TO: Board of Directors
FROM: C. Britton, Assistant General Manager
SUBJECT: Approval of Black Mountain Communication Site Lease with C & C
Equipment Company, Inc.
Recommended Action:
I recommend that you adopt the accompanying Resolution of the Board of
Directors of the Midpeninsula Regional Open Space District Approving the
Communications Site Lease with C & C Equipment Company, Inc. (Monte Bello
Open Space Preserve, Black Mountain)
Background:
At your April 25, 1990 meeting you tentatively adopted the amendment to the
Use and Management Plan for Monte Bello Open Space Preserve to allow an
additional telecommunications facility at Black Mountain (see report R-90-
58 dated April 17 , 1990) . You also authorized staff to negotiate and
recommend a lease agreement with C & C Equipment Company for the
telecommunications facility. At your meeting of June 13 , 1990 you adopted
a negative declaration for the project and formally amended the Use and
Management Plan for Monte Bello Open Space Preserve for this additional
communication facility (see report R-90-74 , dated June 1 , 1990) . The
proposed lease has been negotiated and is attached for your approval .
Discussion:
This lease covers a rectangular area of 3, 360 square feet near the summit
of Black Mountain adjacent to the Stanford lease site and will be improved
by the tenants with two (2) modular 10 foot by 20 foot buildings , a 120
foot tower with foundation, a 25-kilowatt generator, and a perimeter fence.
This lease is based upon the District ' s standard form for other
communications facilities on Black Mountain. The major features of this
lease include:
1 . A contingency for the Lessee to obtain the necessary use and
building permits from the City of Palo Alto
2 . An initial term of 5 years after the "commitment date" and four
5-year options to renew thereafter.
3. After two months (free-rent) for construction, the rental
schedule would start at $200. 00 per month in the first year and
escalate to $730.00 per month in the fifth year, to bring the
rent in line with comparable facilities on Black Mountain,
201 San Antonio Circle, Suite C-135 • Mountain View, California 94040 ® Phone: (415) 949-5500 • FAX: (415) 949-5679
Genera!Manager:Herbert Grench Board of Directors:Richard Bishop,Betsy Crowder,Katherine Duffy,Nonette Hanko,Teena Henshaw,Robert McKibbin,Edward Shelley
Report R-90-113 Page 2
4. The District would additionally receive 10% of the gross fees
from the tenant's subleases, as is standard with the other
"multi-user'" tenants.
5. Indemnification of District for any frequency interference
claims.
6. Agreement to allow District to install a repeater in tenant's
facilities at no rental cost to District.
The new lease will place C & C Equipment Company's use of District property
on an essentially identical basis as other existing communication leases at
Black Mountain.
I
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE
COMMUNICATIONS SITE LEASE WITH C & C EQUIPMENT COMPANY,
INC. (MONTE BELLO OPEN SPACE PRESERVE, BLACK MOUNTAIN)
C
The Board of Directors of the Midpeninsula Regional
Open Space District does resolve as follows:
Section One. The District may, under the provisions of
Section 5544 and 5563 of the Public Resources Code, lease
property owned by the District for a period of up to twenty-five
(25) years , and the Board of Directors finds that the premises to
be leased for Communication Facilities is temporarily unnecessary
for park and open space purposes and considers that a lease of
such premises for Communication Facilities is in the public
interest, on the terms hereinafter set forth.
Section Two. The Board of Directors of the
Midpeninsula Regional Open Space District does hereby approve the
Lease between Midpeninsula Regional Open Space District and C & C
Equipment Company, Inc. , a copy of which Lease is attached hereto
and by reference made a part hereof , and does hereby authorize
the President or ether appropriate officers to execute said Lease
on behalf of the District.
Section Three. The General Manager or the Assistant
General Manager of the District shall cause to be given
appropriate notice of acceptance to Lessee. The General Manager
or the Assistant General Manager further is authorized to execute
any and all other documents necessary or appropriate to the
closing of the transaction.
------------
i
i
COMMUNICATIONS SITE LEASE AND ACCESS LICENSE
THIS LEASE is made and entered into this- day of , 1990 by and between
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District, hereinafter called "District"
and C & C EQUIPMENT COMPANY, INC., hereinafter called "Tenant."
RECITALS:
A. District is the owner of that certain real property consisting of approximately 3,360 square
feet of land together with necessary areas for three (3) antenna guy anchors, located in the County of Santa
Clara, State of California, more particularly shown as the area outlined in red on Exhibit "A" attached hereto
and incorporated herein by this reference (the "Premises"). Except as expressly provided to the contrary in
this Lease, reference to the "Premises" is to the described land plus any described appurtenances, exclusive of
any Improvements now or hereafter located on the Premises, notwithstanding that any such Improvements
may or shall be constructed as affixed to and as constituting part of the real property, and without regard to
whether ownership of the Improvements is in District or in Tenant.
B. Tenant plans to construct on the Premises, pursuant to the terms and conditions hereof-.
two (2) modular buildings, 10' x 20' each; 120' tower and foundation, a 25 kilowatt generator, and a
perimeter fence.
1. Lease of Premises. District hereby leases the Premises to Tenant, and Tenant hereby
leases the Premises from District, for the term, at the rental, and upon the other covenants and conditions
contained herein.
2. Commencement of Lease.
(a) This Lease, and Tenant's obligations hereunder are expressly conditioned upon, and
subject to, Tenant obtaining the necessary permits, including but not limited to Use and Building Permits,
from the appropriate government agencies, on terms and conditions acceptable to Tenant, to build and
operate the "Improvements" provided for in paragraph 23 hereof.
(b) The "Commencement Date" of this Lease shall be the earliest of the following: (1)
60 days following issuance of a valid Building Permit issued by the appropriate government agencies; or (2)
when Tenant actually"breaks ground" for construction of said Improvements. Upon the determination of the
Commencement date, District and Tenant shall execute a written acknowledgement setting forth the
Commencement Date.
3. Term.
(a) The term of this Lease shall commence as of the Commencement Date as defined
in paragraph 2 hereinabove, and shall expire five (5) years thereafter, unless sooner terminated in accordance
with the provisions hereof, or unless extended pursuant to any right to extend the Lease term expressly
granted herein.
(b) Tenant acknowledges that California Public Resources Code Section 5563 provides
in part that: "When land or property is temporarily unnecessary for park or open space purposes, it may be
leased for other purposes for a term not exceeding 25 years with an express provision in the lease that should
the board by ordinance determine to use the lands for park, open space, or other District purposes, the lease
shall thereby be terminated." Accordingly, notwithstanding anything to the contrary herein contained, District
shall be entitled to terminate this Lease at any time during the term hereof pursuant to said Section 5563,
Communications Lease -- C & C Equipment Co., Inc. Page 2
provided only that District delivers to Tenant written notice of such termination at least twenty-four (24)
months prior to the date on which such termination shall become effective.
4. Fixed Minimum Rent.
(a) Tenant shall pay to District as rent for the Premises equal monthly installments as
follows:
In the first year of lease - $200.00 per month
In the second year of lease - $315.00 per month
In the third year of lease - $440.00 per month
In the fourth year of lease - $575.00 per month
In the fifth year of lease - $730.00 per month
Such installments shall be paid in advance on the first day of each month of the term hereof("Fixed
Minimum Rent"). All rent payable by Tenant under this Lease shall be payable without notice or demand,
and without any deduction, offset or abatement, in lawful money of the United States of America to District
at the address stated herein or to such other persons or at such other places as District may from time to
time designate in writing.
(b) Notwithstanding (a) above, District hereby waives the rental payable for the two (2)
month period beginning on the Commencement Date and ending two months thereafter.
5. Percentage of Gross Fees Payment. In addition to the Fixed Minimum Rent as provided for
in Paragraph 4(a) hereinabove, Tenant shall, on or before the thirtieth (30th) day following each calendar
month, pay to District a sum equal to ten percent (10%) of Tenant's gross fees as determined in the previous
month. (For the first month of this Lease, said gross fees percentage shall be calculated based upon ten
percent (10%) of the month immediately preceding execution of this Lease.
(a) The term "gross fees" means the entire amount of all fees and charges for rights,
including without limitation communications privileges and licenses of whatsoever nature, granted by Tenant
with respect to all or any portion of the Improvements, or with respect to the substantial use of all or any
portion of the Improvements and/or any communications equipment therein by Tenant or any other person,
firm, or corporation. "Gross fees" shall include, without limitation, all deposits received and not refunded to
customers in connection with any transaction with respect to the Improvements; and all orders secured or
received with respect to the premises by telephone, mail, house to house or other canvassing by personnel
which Tenant, in the normal and customary course of its operations would credit or attribute to its business
derived from or made possible by the Improvements and/or any communications equipment therein. No
deduction shall be allowed for uncollected or uncollectible credit amounts. Tenant shall be entitled to deduct
from the amount of gross fees, the amount of any city, county, state, or federal sales, use, gross receipts,
luxury, or excise tax on such fees or charges which is both added to the fee (or absorbed therein) and paid to
the taxing authorities by Tenant (but not by any customer of Tenant). Any transaction on an installment
basis or otherwise involving the lending of credit shall be treated as a charge for the full and normal amount
thereof in the month in which such transaction was entered into, irrespective of the time of payment.
Notwithstanding the foregoing, the following items and services are specifically excluded from the definition
of"Gross Fees": Equipment servicing, technical services, antennae combining, licensing applications, sales
and service of communication equipment and other services which do not relate to Tenant's or any
subtenant's use or occupation of the Premises.
i
Communications Lease -- C & C Equipment Co., Inc. Page 3
(b) Tenant shall keep at its principal office true and complete records and accounts of
all gross fees, including bank deposits, made with respect to business conducted at or otherwise derived from
the premises. Such books and records shall include such records of gross sales as would normally be
examined by an accountant pursuant to generally accepted auditing standards in performing an audit on
Tenant's gross fees. On or before the thirtieth (30th) day of each month, Tenant shall furnish to District a
true and accurate statement for each preceding month, of all gross fees during said preceding month, which
statement shall be certified by a responsible representative of Tenant to be correct. Tenant agrees to give
District access during normal business hours to such books and records. Tenant shall keep and preserve for
at least two (2) years after the end of each calendar lease year all bank books, or duplicate deposit slips, and
other evidence of such fees for such year, and shall keep and preserve for at least two (2) years after
expiration of the term thereof all license agreements and other agreements granting to a customer of Tenant
any rights whatsoever respecting the Improvements or any equipment therein. District shall have the right at
any time and from time to time to audit all of the books of account, bank statements, documents, records,
returns, papers, and files of Tenant relating to gross fees, and Tenant on request by District shall make all
such matters available for such examination at Tenant's principal lace of business provided that if Tenant's
P P P
principal of business is situated in a location which is more than fort 40
P al lace P P Y ( ) miles from District's
principal place of business, which is currently located in Mountain View, California, then Tenant shall make
such information and materials available to District at District's principal place of business. If District shall
have such an audit made for any years and the gross fees shown by Tenant's statement for such year shall be
found to be understated by more than two percent (2%), then Tenant shall pay to District the cost of such
audit. District's right to have such an audit made with respect to any year shall expire twelve (12) months
after Tenant's statement for such year shall have been delivered to District. District shall have the right to
terminate this Lease upon notice to Tenant if there should be more than two (2) audits during the term of
this Lease which reveal understatements of gross fees by Tenant by more than two percent (2%). The term
"lease year" means the period during the Lease term commencing on January 1 in each year and ending at
midnight on the 31st of December next occurring, except that the first lease year shall commence at the start
of the Lease term and shall end at midnight on the 31st of December next occurring, and except that the last
lease year shall end at the end of the Lease term.
6. Taxes. Tenant shall pay any and all possessory taxes levied against the Premises and/or the
improvements during the Lease term. Tenant shall pay such taxes at least ten (10) days prior to delinquency
thereof, and shall promptly thereafter deliver to District written receipts or other reasonable evidence of the
payment thereof.
7. Use.
(a) The Premises may be used for purposes of installing, operating and maintaining
equipment for transmission and reception of electromagnetic and other communications signals, and for all
lawful uses incidental thereto, and for no other purpose without District's prior written consent. Tenant shall
not use the Premises or permit anything to be done in or about the Premises which will in any way conflict
with any statute, ordinance, rule, regulation, or other statement of lawful governmental authority now in
force or which may hereafter be promulgated (collectively"regulations"), and shall at its own expense abide
by and comply with any and all such regulations regulating the use of the Premises. Such regulations shall
be deemed to include the "Regulations for Use of Midpeninsula Regional Open Space District Land" and
Item No. 3 of the Midpeninsula Regional Open Space District Basic Policy attached hereto as Exhibit "B"
and incorporated herein by this reference.
i
Communications Lease -- C & C Equipment Co., Inc. Page d
(b) Notwithstanding the foregoing, District reserves the right to enter on the Premises
and to use the same in any manner District shall desire, including without limitation for purposes of
constructing, installing, operating, maintaining, repairing, replacing, altering, and moving pipelines, conduits,
culverts, ducts, fences, power and communication poles and lines, and District reserves the right to grant
easements over, across, under, or upon the Premises, or for ingress and egress thereto, or for any other
purpose, provided only that any such use by District and District's granting of any such easements shall not
result in any unreasonable interference with Tenant's use of the Premises.
8. Access to Premises.
(a) District hereby grants to Tenant a non-exclusive revocable License permitting
Tenant and Tenant's authorized agents, employees and contractors to use a segment of that certain road
providing access to the Premises, which segment is situated on land owned by District and is more
particularly shown outlined in red on Exhibit "C" attached hereto and incorporated herein by this reference
(the "License Area"). The License granted pursuant to this paragraph may be revoked by District at any
time by delivery of six-months written notice to Tenant of such revocation, and shall terminate automatically
without notice and without need for further documentation upon the expiration or sooner termination of the
Lease term.
(b) The License Area shall be used by Tenant, if at all, only for purposes of obtaining
ingress to and egress from the Premises. Tenant shall exercise its access rights pursuant to the License
granted herein only in such manner as will minimize erosion or other damage to the License Area, and shall
refrain from using the same to the extent reasonably practicable when weatherconditionsshall render the
License Area subject to greater than normal erosion or other damage. Tenant shall not permit trucks
and/or other machinery or equipment weighing in excess of ten (10) tons to use the License Area, except
during the time of construction of Tenant's Improvements on the premises, or with District's prior written
consent.
(c) Tenant shall, at Tenant's sole cost and expense, repair all damage to the License
Area, as well as all damage to improvements within or adjacent to the License Area designed to protect the
surface of the License Area such as water drains, berms, or culverts, caused by use of the License Area by
Tenant or its agents, employees, or contractors. Tenant shall be liable for any damage to the License Area
and its immediate surroundings arising from its use thereof, or its repair or failure to repair the same as
hereinabove required.
(d) Tenant hereby expressly acknowledges that District does not warrant or otherwise
guarantee to Tenant continuous access to the Premises by way of the License Area or otherwise.
Notwithstanding the foregoing sentence, District shall use its best efforts to provide access to the Premises
across other land owned by District, and District further represents that District has an alternate.route to the
Premises from Page Mill Road, in the event the License Area shall be rendered impassable due to causes
beyond the reasonable control of Tenant, or if District shall for any reason terminate the License herein
granted, provided only that Tenant agrees to pay its prorata share of any and all additional expenditures
incurred by District as a result thereof. Any permits, licenses or easements as may be required from time to
time in order to cross over lands not owned by District in order to gain access to the Premises shall be
obtained by Tenant at its sole cost and expense.
9. Maintenance and Repair. Tenant acknowledges that it has inspected the Premises, and
Communications Lease -- C & C Equipment Co., Inc. Page 5
Tenant accepts the Premises "as is" in the condition existing as of the Commencement Date. Tenant shall, at
Tenant's expense, maintain the Premises in good, safe and sanitary condition, order and repair, and shall
keep the Premises free from trash and other debris. Tenant shall promptly remove from the Premises any
vehicles, machinery, equipment or other items which Tenant from time to time no longer uses in the conduct
of its business on the Premises. Tenant agrees, at its sole cost and expense, to paint said tower and concrete
block building to reduce their visual impact as directed by District.
10. Alterations.
(a) Tenant shall not make or permit to be made any alterations, additions or
improvements ("alterations") to or of the Premises or any part thereof without the prior written consent of
District, which consent shall not be unreasonably withheld; provided, however that tenant shall have the right
to make any alterations, additions or improvements ("alterations") to, or of, the interior of the Improvements
and/or the antenna systems without securing District's prior approval.
(b) District shall be entitled to review and accept or reject the design of all alterations
which Tenant may desire to make to the Premises. Prior to commencing construction or installation of any
alteration the design of which District determines is acceptable, Tenant shall deliver to District detailed plans
and specifications for such construction or installation and obtain District's consent thereto, which consent
shall not unreasonably be withheld.
(c) All construction or installation work performed by Tenant or caused to be
performed by Tenant in, on or about the Premises shall comply in all respects to all applicable statutes,
ordinances, building codes, rules and regulations, including but not limited to fire, safety, and construction
standards of lawful governmental authority, and shall furthermore comply with District's open space use and
management guidelines then in effect.
(d) Any consent given by District pursuant to this Paragraph 8 shall not constitute
implied consent to any subsequent alteration upon or to the Premises, but shall apply only to those items or
matters for which consent was expressly requested.
(e) Tenant shall notify District at least ten (10) days in advance of any construction on
the Premises, and District shall be entitled to post on the Premises notices of non-responsibility in favor of
District prior to commencement of any such construction.
11. 11M. Tenant shall keep the Premises free from any liens arising out of any work
performed, materials furnished or obligations incurred by Tenant.
12. Utilities. Tenant shall pay directly to the charging authority promptly as the same become
due all bills for any and all services and utilities supplied to the premises, including but not limited to
telephone, water, gas, electricity and garbage removal. Tenant shall install all electric lines or other utility
conduits to the premises across land owned by District. Except for the high voltage (i.e., 500 KVA) electric
lines which currently cross over Black mountain, all such lines and conduits originating at the nearest step-
down transformer and servicing Tenant's Premises, shall within five (5) years after the Commencement Date
be installed underground at a depth of at least the minimum depth required by applicable statutes,
ordinances, rules, regulations, codes or other statements of lawful governmental authority. Tenant shall after
installation thereof restore any land altered by such installation to the same condition existing prior to such
installation. The total expense of such installation and restoration shall be borne by the appropriate utility
Communications Lease -- C & C Equipment Co., Inc. Page 6
authority and Tenant. Any expense incurred by,Tenant in conjunction with such installation and restoration
may be deducted in full from the base of calculations (i.e. "Gross Fees") when determining the "percentage of
gross fees" payment required by Paragraph 4 above. Tenant's obligation hereunder to place electrical service
underground is limited to undergrounding the electrical service from the nearest existing utility pole to the
Premises. Provided however, if a general undergrounding project is undertaken by District and all other
communications tenants, Tenant shall pay its prorated share of such costs to underground such utilities on
District's lands.
13. Waiver of Claims and Indemnification. Tenant waives all claims against District for loss of
business or for damage to property, including the improvements and any alterations thereto and any
equipment or machinery therein, or injury or death to persons occurring in, on, or about the Premises, or the
License Area, from any cause arising at any time, except as may be caused by the negligence or willful
misconduct of District. Tenant, on behalf of itself and its Permittees, hereby indemnifies District and holds
District exempt and harmless from and against any damage to property or injury or death to persons arising
from the use by Tenant or its Permittees of the Premises, or the License Area, or from the failure of Tenant
to keep the Premises, or the License Area in good and safe condition as herein provided. District shall not
be liable to Tenant or its Permittees for any damage, injury, or death arising out of the act or negligence of
any owner, occupant, or user of any property adjacent to or in the vicinity of the Premises and not owned by
District. Tenant shall pay all damage to the Premises and surrounding areas caused by its Permittees,
invitees, licensees, agents, contractors, and employees.
14. Insurance.
(a) Tenant, at Tenant's sole expense, shall self insure or obtain and keep in force
during the term of this Lease a general liability insurance policy with an insurance company satisfactory to
District, protecting District and Tenant against any and all liability arising from Tenant's use of the Premises,
or the License Area, or from any occurrence in, on, about, or related to the Premises, or the License Area
with a single combined property damage and personal injury limit of One Million Dollars ($1,000,000). All
such public liability insurance shall insure performance by Tenant of the indemnity provisions of Paragraph
13 hereof, and the policy shall contain a cross-liability endorsement. Tenant agrees to furnish a certificate of
such insurance to District naming District as an additional insured on or prior to the Commencement Date,
and again upon any renewal or modification of such insurance. No such policy of insurance shall be
cancelable or subject to reduction of coverage or other modification except after thirty (30) days prior written
notice to District. The limits of said insurance shall in no event be deemed to limit the liability of Tenant
hereunder.
(b) District shall have no obligation to insure against loss to Tenant's leasehold
improvements, fixtures, machinery, equipment, or other personal property in or about the Premises occurring
from any cause whatsoever, and Tenant shall have no interest in the proceeds of any insurance carried by
District.
15. Assignment and Suble"n . Tenant shall not assign this Lease or any interest therein,
without the prior written consent of District, which consent shall not be unreasonably withheld. A consent by
District to one assignment shall not be deemed to be a consent to any subsequent assignment. An
assignment without the prior written consent of District, or any assignment or subletting by operation of law,
shall be void and shall, at the option of District, terminate this Lease. It is acknowledged in Paragraph 5
above that among other things, Tenant is engaged in the business of granting use of portions of the
Improvements to other persons, firms, corporations, or entities. In order that Tenant's business purposes
Communications Lease -- C & C Equipment Co., Inc. Page 7
it
may be efficiently and expeditiously achieved, Tenant shall have the right to rentor sublet any portion of the
Improvements at any time in accordance with Tenant's previously established business'practice. Any rental
or sublease may be reviewed at any time by the District in accord with the terms of Paragraph 5(b) above.
District may, for good cause shown, request that such rental or sublease be terminated; in such case, Tenant
agrees to take necessary action to terminate the pertinent rental or sublease agreement. District agrees that
no such request for termination will be unreasonably made. Tenant shall not, during the term of this Lease,
encumber its interest in the premises by mortgage or deed of trust or other security instrument, or otherwise
use the premises as security for any indebtedness of Tenant.
16. Default.
(a) The occurrence of any of the following shall constitute a material default and
breach of this Lease by Tenant:
(i) The abandonment of the Premises by Tenant; or
(ii) A failure by Tenant to observe and perform any provision of this Lease to
be observed or performed by Tenant.
(b) In the event of any such default by Tenant, and in addition to any other remedies
available to District at law or in equity, this Lease and all rights of the Tenant hereunder shall be terminated
upon delivery by District of notice of such termination to Tenant. Upon such termination, District may
recover from Tenant all amounts to which District may be entitled pursuant to Section'1951.2 of the
California Civil Code, or any successor statute hereinafter enacted, including but not limited to (i) the worth
at the time of award of the amount by which the unpaid rent for the balance of the term after the time of
award exceeds the amount of such rental loss for the same period that Tenant proves could be reasonably
avoided, discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the
time of award plus one percent (M), and further including (ii) any other amount necessary to compensate
District for all the detriment proximately caused by Tenant's failure to perform Tenant's obligations under
this Lease or which in the ordinary course of things would be likely to result therefrom, including but not
limited to all expenses incurred by District in connection with demolishing all structures on the Premises and
removing the debris therefrom, and removing any other property left by Tenant on the Premises.
(c) In addition to the remedies provided above, in the event Tenant shall fail to
perform any obligation to be performed by Tenant under this Lease, or shall fail to pay any sum required to
be paid by Tenant under this Lease, District may, but shall not be obligated to do so, perform or pay the
same or cause the same to be performed or paid, and Tenant shall promptly upon demand by District
therefor, reimburse to District all costs reasonably incurred by District in connection therewith, together with
interest on such sums at the lower of fifteen percent (15%) per annum or the highest rate then permitted by
law from the date incurred by District until repaid in full by Tenant.
17. Entry by District. In addition to such rights to use the Premises as are reserved by District
in Paragraph 7(b), District shall, at any and all reasonable times and upon 24-hours written notice to Tenant,
have the right to enter onto the Premises to inspect the same, to exhibit the Premises to prospective
purchasers or tenants, to post notices of non-responsibility, and to alter, improve or repair the Premises, all
without abatement of rent payable by Tenant hereunder. Tenant hereby waives any claim for damages for
any loss of occupancy or quiet enjoyment of the Premises occasioned thereby.
Communications Lease -- C & C Equipment Co., Inc. Page 8
18. Waiver. The waiver by District of any breach of any term, covenant, or condition herein
contained shall not be deemed to be a waiver of such term, covenant, or condition or any subsequent breach
of the same or any other term, covenant, or condition herein contained. The subsequent acceptance of rent
hereunder by District shall not be deemed to be a waiver of any preceding breach by Tenant of any term,
covenant or condition of this Lease, other than the failure of Tenant to pay the particular rent so accepted.
19. Surrender of Premises.
(a) At the expiration or sooner termination of this Lease, Tenant shall be entitled,
without obtaining District's prior consent, to remove all Improvements, fixtures, equipment, furnishings and
furniture, regardless of whether such items are affixed to the Premises, provided any damage to the Premises
occasioned thereby is promptly repaired by Tenant at Tenant's sole cost and expense (unless District
expressly waives the need for such repairs).
(b) Tenant hereby specifically waives any rights to, and releases District from any and
all claims for relocation benefits and/or relocation payments to which Tenant might otherwise be entitled
pursuant to California Government Code Section 7260 et se�C., and any similar or successor statutes. Tenant
shall hold District harmless from and indemnify District against any and all liability, cost, and expense
suffered or incurred by District and arising in connection with any such right or claim.
20. Holding Over. Any holding over after the expiration of the term, with the consent of
District, shall be construed to be a tenancy from month to month on the same terms and conditions specified
herein so far as applicable.
21. Option to Extend Term.
(a) District hereby grants to Tenant an option to extend the term of this Lease for an
additional period of five (5) years upon expiration of the initial five-year term of this Lease, and three (3)
additional options each to extend the term of this Lease for one additional period of five (5) years upon
expiration of the immediately preceding five (5) year period, so that the maximum term of this Lease,
including the initial five years of this Lease, shall be a total of twenty-five (25) years. Each of said four (4)
options to extend the term for an additional five-year period shall be exercised by Tenant, if at all, by
Tenant's delivery of notice of exercise of such option to District at least three (3) months, but not more than
nine (9) months, prior to expiration of the Lease term (as extended, if at all, from time to time). Each of
said five-year extension periods shall be on all the provisions contained in this Lease, except for the rent,
which shall be adjusted as provided in Paragraph 21(b) below. Notwithstanding the foregoing, if Tenant is in
default hereunder on the date of delivery of any option notice required to be given in order to exercise an
option, said option notice shall be totally ineffective, or if Tenant is in default on the date the extended term
referred to in any such option notice is to commence, such extended term shall not commence and this Lease
shall expire at the end of the term during which such option notice is given. Tenant shall not be entitled to
exercise any of the options to extend following the first option to extend unless each and all of the preceding
options to extend have been properly exercised in accordance with the provisions of this Paragraph 21(a). In
the event the term of this Lease shall for any reason expire or terminate, all options to extend which have
not been exercised shall be deemed to terminate upon such expiration or sooner termination, and shall
thereafter be of no further force or effect. The options to extend granted by District to Tenant pursuant to
this Paragraph 21(a) are personal to Tenant and shall not be exercised by or assigned, voluntarily or
involuntarily, to anyone other than Tenant. Any assignment of one or more of said options to extend without
District's prior written consent shall be void. After Tenant's exercise of any one or more of said options to
I
Communications Lease -- C & C Equipment Co., Inc. Page 9
extend, all references in this Lease to the term shall be considered to mean the term as extended, and all
references to expiration or termination of the term of this Lease shall be considered to mean the expiration
or termination of the term as extended.
(b) Upon exercise by Tenant of any of the four (4) options to extend the Lease term
for a period of five (5) years granted pursuant to Paragraph 21(a) above, the parties shall have sixty (60)
days after District receives the option notice exercising said option during which to agree upon the amount of
Fixed Minimum Rent to be payable upon commencement of the extended term referred to in said notice
(which Fixed Minimum Rent shall continue to be subject to annual adjustment pursuant to Paragraph 3(b)
above). If the parties agree upon the amount of Fixed Minimum Rent for the first year of said extended
term, they shall immediately thereafter execute an amendment to this lease stating the amount thereof. If
the parties are unable for any reason to agree upon the amount of such Fixed Minimum Rent within said
sixty (60) day period, the Fixed Minimum Rent shall be determined by arbitration: the Tenant shall select an
Arbitrator and shall communicate the name of the Arbitrator to the District; the District shall have ten (10)
days to select an Arbitrator and communicate the name of the same to the Tenant; the two Arbitrators so
selected shall select a third Arbitrator and all arbitration shall be completed prior to the expiration date of
the term hereof; a decision of the majority of the Arbitrators shall be binding on both parties; the costs of
arbitration shall be borne equally by the parties and such arbitration shall be conducted in accordance with
the Rules of the American Arbitration Association.
22. Indemnification for Frequency Interference Claims. Tenant agrees to indemnify District,
hold District harmless and defend District from and against any and all claims, demands, or actions arising
from claims of other tenants of the District of frequency interference caused by Tenant. The parties
acknowledge that the FCC has exclusive jurisdiction over disputes regarding frequency interference.
23. Improvements.
(a) Construction of Improvements. At any time and from time to time during the
term, Tenant may, but is not obligated to, construct or otherwise make new Improvements on any part of all
of the Premises and to add to any existing Improvements in whole or in part, and to modify or change the
contour or grade, or both, of the land, provided Tenant is not then in default under any condition or
provision of this Lease. Before any major work of construction, alteration, or repair is commenced on the
Premises, Tenant shall apply for and obtain all necessary permits for the construction of Tenant's proposed
Improvements, from the County of Santa Clara and/or City of Palo Alto, after first obtaining written
approval from District, which approval shall not be unreasonably withheld. Tenant shall give District written
notice immediately prior to the actual commencement of construction. District shall have the right to post
and maintain such notices as may be necessary or advisable to protect District's interest from mechanics' or
materialmen's leans or other liens of similar nature. Tenant covenants that it will cause to be included in an
contracts for construction of any kind or nature relating to the Premises a provision stating that District is
not responsible or liable in any respect for the obligations incurred under such contracts. The entire cost
and expense of the construction of any Improvements on the Premises, including plans and permits and all
on-site Improvements shall be borne by and paid solely by Tenant. Upon commencement of construction,
Tenant shall proceed with due diligence to the completion of the Improvements and shall use best efforts to
complete the same without unreasonable delay. Tenant shall file a Notice of Completion upon the
completion of the Improvements. Tenant and District agree that Tenant may construct or install the
following Improvements: Two (2) modular buildings, 10' x 20' each; 120' tower and foundation, a 25 kilowatt
generator, and a perimeter fence.
Communications Lease -- C & C Equipment Co., Inc. Page 10
.................
(b) Title to the Improvements.; Title to all Improvements now existing and/or
constructed by or for Tenant shall be vested in and remain in Tenant. Tenant's trade fixtures, equipment
and Improvements shall remain the property of the Tenant and Tenant may remove the same at the end of
the term, or sooner termination of the term of this Lease. Upon written request from Tenant, District shall
execute and deliver any instrument that may be required by any equipment supplier, vendor, lessor and/or
lender whereby District waives and/or releases any rights it may have or acquire with respect to any
equipment or trade fixtures Tenant or any sublessee may affix to the Premises and agreeing that the same do
not constitute realty.
24. Use of Tenant's Improvements by District. District shall have the right to place its own
radio equipment within Tenant's Improvements at no rental charge. Such equipment shall: (1) be limited to
a single frequency pair, (receive and transmit) which must be approved by Tenant for compatibility with the
master antenna scheme and which approval shall not be unreasonably withheld; (2) not exceed 46 inches in
height and 100 watts of transmitter power; (3) use the Tenant's master antenna system at a one time charge
payable to Tenant, which charge shall not exceed $2,500.00 and Tenant shall use "best efforts" to place
District's antenna at or nearest the top of Tenant's antenna system; and (4) be subject to all of the Tenant's
normal and customary technical operational rules and regulations. Should District desire to install any
additional equipment on the premises or Improvements, District may sublease additional space at Tenant's
normal and customary fees, charges and rent, provided that additional space is available and that such
additional use causes no interference with existing users.
25. Limitations on Tenant's Right to Solicit Existing Single User Tenants.
(a) Definitions. The term "single user tenant" is limited to, and includes only the
following tenants of the District: Lockheed, Ford Aerospace, Stanford Educational Television, and FAA.
These tenants have facilities on District's lands for their sole use and do not lease, rent or
license their facilities to others.
Tenant is a "multi-user tenant", in that it intends to sublet and license others to use Tenant's
communication facilities to be built on District's land. District has other "multi-user tenants" on District's
land. Tenant may solicit and sublease to any sub-tenant of any multi-user tenant on District's land.
(b) Limitation. Tenant shall not solicit or seek to relocate to Tenant's facility any of
the present, existing uses of any of the single user tenants listed above. Tenant shall have the right to
relocate any of the single user tenant's antennae to Tenant's tower to solve any interference problems.
26. Notices. All notices, statements, demands, requests, approvals, or consents
(collectively"notices") given hereunder by either party to the other shall be made in writing and shall be
served personally or by first class mail, certified or return receipt requested, postage prepaid, and addressed
to the parties as follows:
District: Midpeninsula Regional Open Space District
Old Mill Office Center
Building C, Suite 135
201 San Antonio Circle
Mountain View, CA 94040
Attn: Herbert Grench, General Manager
Communications Lease C & C Equipment Co., Inc. Page 11
Copy To: Stanley R. Norton, Esq.
407 Sherman Avenue
Palo Alto, CA 94306
Tenant: C & C Equipment Company, Inc.
300 Valley St. - Suite 203
Sausalito, CA 94965
Attn: Gayle A. Corbin, President
or to such other address as either party may have furnished to the other as a place for the service of notice.
Any notice so served by mail shall be deemed to have been delivered three (3) days after the date posted.
27. Attorneys' Fee. If any action at law or in equity shall be brought to recover any rent under
this Lease, or for or on account of any breach of or to enforce or interpret any of the provisions of this
Lease, or for the recovery of the possession of the Premises, the prevailing party shall be entitled to recover
from the other party a reasonable attorneys' fees, the amount of which shall be fixed by the court and shall
be made a part of any judgment rendered.
28. Genera.
(a) This Lease contains all of the terms, covenants, and conditions agreed to by District
and Tenant, and this Lease may not be modified orally or in any manner other than by an agreement in
writing signed by all of the parties to this Lease or their respective successors in interest.
(b) The covenants and conditions hereof, subject to the provisions as to subletting and
assignment, shall inure to the benefit of and bind the heirs, successors, executors, administrators, sublessees,
and assigns of the parties.
(c) When the context of this Lease requires, the masculine gender includes the
feminine, a corporation, or a partnership, and the singular number includes the plural.
(d) The captions of this Lease are for convenience only and are not a part of this Lease
and do not in any way limit or amplify the terms and provisions of this Lease.
(e) This Lease shall be governed and construed in accordance with the laws of the
State of California.
(f) Time is of the essence as to all of the provisions of this Lease as to which time of
performance is a factor.
(g) All persons who have signed this Lease shall be jointly and severally liable
hereunder.
Communications Lease -- C & C Equipment Co., Inc. Page 12
IN WITNESS WHEREOF, the parties hereto have executed this Lease as ofthe date first above written.
MIDPENINSULA REGIONAL OPEN SPACE TENANT
DISTRICT
C & C Equipment Company, Inc.
APPROVED AND ACCEPTED:
By:
President, Board of Directors
Date: Title•
Date:
ATTEST:
District Clerk
Date:
v EXHIBIT A
MIDPENINSULA REGIONAL OPEN SPACE DISTKIC-I Page 1 of 2
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CIS 457-2603 .15 JJ1-SSSA P.Is Alta CA. S.na• Clare County
� ~ .
REGULATIONS FOR USE OF
8IDPENZ0SDLA REGIONAL OPEN SPACE DISTRICT LANDS
(Adopted by ordinance No. 75-1; April 9, 1975)
� (Amended by Ordinance No. 77-1; January 26, 1977)
�
� (Amended by Ordinance No. 83-1; May 25, 1983)
CHAPTER I - DEFINITIONS
SECTION
�
, TITLE. The rules and regulations contained herein shall be known as
� "=y"-----latioos for Use of the 8idpeuioauIa Regional Open Space District
�
Lands" and may be referred to as such or as "land regulations."
� SECTION ' E' In order to provide responsible stewardship for District
� ������
� lands, to establish orderly use and to maintain natural and quiet
environment for persons on the lands, these regulations are adopted.
They are established pursuant to the Basic Policy of the Board of
Directors of the MidpeuiosuIa Regional Open Space District, adopted |
|
March 27, 1974, that "The- District will follow a laud management policy �
that provides proper care of open space laud, allowing public access
appropriate to the nature of the land and consistent with ecological
values."
SECTION ' DEFINITIONS. Unless the context otherwise requires, the definitions �
hereinafter set forth shall govern the construction of these regula-
tions.
"District" means the �id�eoto�ula
' Regional Open Space District and includes all lands and waters owned,
controlled, or managed by the Midpeoiosula Regional Open Space �
District, which abaII hereinafter be referred to as "District lauds."
SECTION . PERSON DEFINED. "Person" means any natural person, firm, corporation,
club, municipality, district or public agency, and all associations or
combinations of persons whenever acting for themselves or by any agent,
servant, or employee.
SECTION . PERMIT OR PERMISSION DEFINED. Unless otherwise expressly provided
"permit" or "permission" means permission, granted by the
General Manager of the MidpeoiosoIa Regional Open Space District or an
authorized representative. �
�
SECTION
, "Board" means the Board of Directors of the
---------�� Midpeuiosula Regional open Space ,District.
SECTION Headings� and divisions are �u� convenience
- - �
only and shall not be considered in the interpretation of this Ordi-
nance and abaII not in any way affect the conduct or activities covered
by other sections of this Ordinance.
�
EXHIBIT
Page f
CHAPTER II - REGULATIONS
SECTION 200. GENERAL REGULATIONS. District lands shall be open and accessible to
all persons except as may be provided by resolution, regulation, or
rule of the Board or by individual site use and management plans
adopted by the Board.
200.1 The Board may by resolution, regulation or rule provide for a system of
permits and the issuance thereof. It may by such system require per-
mits for the use of certain lands, the exemption of certain lands or
classifications of permits therefrom, a system of fees, and the estab-
lishment of other policies in connection with the administration of a
permit system.
200.2 Any person entering upon District lands shall abide by the rules and
regulations of the District, the regulations or provisions of any sign
or posted notice, the conditions of any permit, the lawful order or
other instruction of any District ranger or police officer appointed by
the Board, the laws of the State of California, and all applicable
county and/or municipal ordinances.
200.3 The provisions of this Ordinance shall not apply to employees of the
District or to its lessees or their employees engaged in and acting
within the scope of their authorized duties and lessee activities.
However, District employees and lessees and their employees shall abide
by the laws of the State of California and all applicable county and/or
municipal ordinances.
SECTION 201. SPECIAL REGULATIONS. Special regulations enacted for an area or a
subject do not preclude the application of general regulations unless
expressly so indicated.
CHAPTER III - GENERAL RULES
SECTION 300. AUTHORITY. All sections of this Ordinance are adopted pursuant to
Sections 5541, 5558, and 5559 of the Public Resources Code of the State
of California, and apply to all District lands. A title, where used,
does not limit the language of a section.
SECTION 301. VIOLATIONS OF ORDINANCE A MISDEMEANOR OR INFRACTION. Any violation of
this Ordinance or of any rule or regulation adopted by the District is,
in the discretion of the prosecutor or the court, a misdemeanor or
infraction. Any judge of a justice court within the District or any
municipal court which may be established within the District, shall
have jurisdiction of all prosecutions under this article for violations
of any- ordinances, rules or regulations adopted by the Board of Direc-
tors of any regional park district. (Public Resources Code, Section
5560) .
SECTION 302. SEVERABILITY. If any chapter, section, subsection, paragraph, subpar-
agraph, sentence, or clause of this Ordinance is for any reason held to
be invalid or unconstitutional, such invalidity or unconstitutionality
shall not affect the validity or constitutionality of the remaining
EXHIBIT_jS_� J
Page
i
portions of this Ordinance; and the Board of Directors declares that
this Ordinance, and each chapter, section, subsection, paragraph,
sentence, and clause thereof would have been adopted irrespective of
such possible finding of invalidity or unconstitutionality and, to that
end, the provisions of this Ordinance are hereby declared to be
severable.
SECTION , AMENDMENT OR REPEAL. �Ibere a section herein or rule or regulation
adopted pursuant thereto is amended or repealed, acts and commissions
)prior thereto may be prosecuted as though such section, rule or
regulation had not been so amended or repealed.
CHAPTER IV - PARK USES GENERAL
SECTION
�
�
� ^ CAIMIIIIG`
400,1 No person shall maintain a camp on District lands, except a camp may be �
maintained in designated areas if a valid permit therefor has been
obtained from the District.
400,2 No person who is a juvenile shall camp on any District lands except as
follows:
(a) A juvenile who is accompanied by a parent or guardian.
(b) A juvenile who is a part of a group permitted to occupy District
� lands and who is supervised by at least one adult responsible for
each ten juveniles or portion of ten thereof.
�
(c) The term juvenile as used herein shall be construed to mean any
person under the age of 18 years.
'
SECTION
SWEMMING
� '
40I.1 General. No person ebaII swim, wade, or engage in any other water-
contact activity in any water areas of the District except in those
� areas so designated.
�
401,2 Definition. As used in this section, "water-contact activity" means
any activity in which the body of a person comes into physical contact
with water, including but not limited to swimming, wading, aqua-
planing, paddle boarding, skin diving and water skiing. It does not
include boating or fishing.
401'3 Definition. As used in this Section, "water areas of the District"
include, but are not limited to, all natural and artificial swimming
pools, reservoirs, lakes, streams and flood control channels.
SECTION , . No person shall report, or cause to be
reported, or in any other manner communicate to any lifeguard employed
by the District, or any other employee of the District, or law
enforcement officer, an account of a drowning, which such person knows
| to be false.
|
EXHVVNUT
Page �
�
� SECTION
� ' FIREARMS AND DANGEROUS WEAPONS. �
�
� 403-1 Restriction. Except as provided in subsection 403'2 of this Section,
no person shall have in his/her possession on District lands, and no
person shall fire or discharge, or cause to be fired or discharged,
across, in, or into any portion of District lands aoy .guo or firearm,
spear, bow and arrow, cross bon, sling shot, air or gam weapon, or any
other dangerous weapon.
�
403.2 Exception. The provisions of subsection 403.1 of this Section obaII
� not apply to any of the following cases:
� (a) The poaoeaaiVo of unloaded firearms or dangerous weapons on public
roads solely for the purpose of transporting such firearms or
dangerous weapons through District Iaody^
(b) The possession of firearms or other dangerous weapons at a place
of residence or business located on District lands by a person in
lawful possession of the residence or business.
SECTION - FIRES. No person shall build, light, or maintain any open or outdoor
fire at any place on District lands, without a fire permit, except in �
areas or facilities provided and designated for this purpose. Upon a
finding of extreme fire hazard by the General Manager or an authorized �
representative, no person abaII smoke, or build fires, in areas other �
than those designated by said officer. |
' �
�
SECTION
, INDECENT EXPOSURE. Exposing oneself with the intent of directing �
public attention to one's private parts for purposes of sexual arousal,
� gratification, or affront is prohibited. (Penal Code, Section ]14.)SECTION �
�
�
. METAL DETECTORS. No person shall use a metal detector or similar
device on District lands, except as provided in Section 806'
SECTION , OBSTRUCTIONS. No person abaII continue to engage in any course of
conduct on any District lands after be or she is advised by a Ranger or
other District employee or agent having authority to regulate or manage
the area, that such conduct unreasonably and unnecessarily impairs or
limits the lawful use and enjoyment of such facility or area by other
persons, or impairs the ability of any District employee or agent to
perform his or her authorized duties and activities, because such
i
conduct is causing a material, physical obstruction to (i) the normal
lawful movement of other persons in or through the area, or (ii) to �
normal access of other persons to any District facility or area.
SECTION ' ASSEMBLY. It shall be unlawful for any person or group to conduct a
group meeting, rally, or similar gathering on District lands without
first obtaining a permit for the use of the specific area or facility
iuvoIned. No such permit shall be granted if it is found that the
time, place and/or size of the meeting, rally, etc. will disrupt or
! unreasonably interfere with the normal use, operation or management of
the site or facility or have an adverse impact on the ecological
| '
characteristics thereof.
EXHIBITS
|
� Page f
SECTION 409. MISCELLANEOUS DANGEROUS ACTIVITIES. Except in areas specifically
designated and set aside from time to time by the Board for such
activities, no person shall engage in any of the following activities
on District lands:
409.1 Use or possess fireworks of any kind.
409.2 Drive, chip, or in any other manner play or practice golf, or hit golf
balls.
409.3 Operate self-propelled model airplanes, boats, automobiles, or other
model craft of any kind or description.
409.4 Throw, release, or discharge missiles, rockets, or similar projectiles.
409.5 Hang-glide or parachute.
409.6 Engage in any activity or operate any device recklessly or negligently
so as to endanger the life, limb or property of any person.
SECTION 410. ALCOHOLIC BEVERAGES
410.1 Persons 21 years of age or older only may possess or consume alcoholic
beverages on District lands and as stipulated in Sections 410.2 and
410.3 below.
410.2 Alcoholic beverages shall be limited to beer and wine, and must be part
of a picnic meal.
410.3 No person shall possess or consume alcoholic beverages in an area that
has been declared by the District to be a prohibited area.
SECTION 411. REMOVAL OF SIGNS. No person shall remove any sign duly erected or
posed on District lands.
CHAPTER V - PARK USES: AQUATICS, BOATING
SECTION 500. BOATING. No person shall place a boat, kayak, rubber raft or other
vessel of any description in the water of reservoirs, lakes, streams or
other bodies of water owned, managed, or controlled by the District
except as expressly allowed by permit or rule or regulation of the
District.
SECTION 501. LITTERING WATERS. It shall be unlawful for any person to litter or
cause to be littered, or dump or cause to be dumped, any waste matter
into any bay, lagoon, channel, river, creek, slough, canal, lake or
reservoir, or other stream or body of water, or upon a bank, beach, or
shore within 150 feet of the high water mark of any such water. (Penal
Code Section 374 (e) .)
EXHIBIT B
Page of I�..
CHAPTER VI - PARK USES: RIDING/HIKING TRAILS
SECTION 600. GENERAL. No person shall ride, drive, lead, or keepa saddle horse,
,
pony, mule or other such an
imal at an designated y area e ignated by the Board as
so restricted.
SECTION 601. SADDLE ANIMALS. No person shall ride, drive, lead, or keep any saddle
or pack animal in a reckless or negligent manner so as to endanger the
life, limb or property of any person or animal. No person shall allow
his or her saddle or pack animal to stand unattended or insecurely
tied.
SECTION 602. GATES. Any person opening a gate shall close the same after passing
through it.
SECTION 603. TRESPASSES. The following acts, among others are declared to be
unlawful by Section 602 of the Penal Code of California.
603.1 Willfully opening, tearing down, or otherwise destroying any fence on
the enclosed land of another, or opening any gate, bar or fence of
another and willfully leaving it open without the written permission of
the owner, or maliciously tearing down, mutilating or destroying any
sign, signboard, or other notice forbidding shooting on private
property.
603.2 Entering any lands, whether unenclosed or enclosed by fence, for the
purpose of injuring any property or property rights or with the
intention of interfering with, obstructing, or injuring any lawful
business or occupation carried on by the owner of such land, his/her
agent or by the person in lawful possession.
603.3 Entering any lands under cultivation or enclosed by fence, belonging
to, or occupied by, another, or entering upon uncultivated or
unenclosed lands where signs forbidding trespass are displayed at
intervals not less than three to the mile along all exterior boundaries
and at all roads and trails entering such lands without the written
permission of the owner o f such land,
A a d, his/her agent or of the person in
lawful possession, and
(a) Refusing or failing to leave such lands immediately upon being
requested by the owner of such land, his/her agent or by the
person in lawf
ul ful possession to leave such land, or
(b) Tearing down, mutilating, or destroying any sign, signboard, or
notice forbidding trespass or hunting on such lands, or
(c) Removing, injuring, unlocking, or tampering with any lock or any
gate on or leading into such lands, or
(d) Discharging any firearm, or
e
EXHIBIT_8______.,
Page of ta.
�
�
�
� (e) Refusing or failing to leave laud real �ru�ect� or structures
� ' '
� belonging to or lawfully occupied by another and not open to the
� general public, upon being requested to leave by the owner,
�
his/her agent, or the person in IantuI possession thereof.
� SECTION 604. BICYCLES. No person shall operate a bicycle or a similar device on
� District lands in areas that have been designated and signed to
�
restrict such activity. In no instance shall bicycles be allowed off
designated trails and roadways on District lands.
CHAPTER VII - PARK USES: COMMERCIAL/REVENUE
� SECTION 700. SOLICITING. No person shall solicit, sell, hawk, or otherwise peddle
any goods, wares, merchandise, liquids, edibles for human consumption
� on District land except by concession or written permission granted by
the Board.
SECTION . GRAZING. No person shall permit cattle, sheep, goats, or any animal to
� graze no any District lauds except with written permission of the
Board,
� SECTION 702. HARVESTING. No person shall plant, cultivate, or harvest any
agricultural crops on District lands except with written permission of
the Board.
�
� SECTION 703. COMMERCIAL FILMING. No person obaII operate a still or motion picture,
�
video or other camera for commercial purposes on District lands except
� pursuant to a permit authorizing such activity. This section shall not
apply to the commercial operation of cameras as part of the bona fide
� reporting of news. �
�
CHAPTER VIII - PARK FEATURES: PROTECTION
SECTION
�
- HUNTING AND FISHING. �
800-1 General. No person shall hunt, molest, disturb, injure, trap, take,
net, poison or harm any kind of animal, whether living or dead, or �
remove, destroy or in any manner disturb the natural habitat of any
animal.
800'2 Fishing Prohibited. No person shall be permitted to take, net, molest,
. disturb, injure, poison or harm any fish in lakes, ponds, reservoirs,
portions of San Francisco Bay, or streams located in any District
preserve except in areas declared by the District to be permitted
fishing areas, where State laws regulating the taking of game fish
shall apply.
SECTION ^ ANIMALS.
881'1 Dogs Prohibited. Because it is the District's policy to avoid disrup-
tion or disturbance of wildlife on District lands, no dog shall be
permitted on District lands, except in those areas designated by the
EXHIBIT
Page �
�����
_
�
�
District. Where allowed, dogs shall at all times be restrained on a
stout six foot leash and under continuous human control. �
80I'2 Cats Prohibited. Because it is the District's policy to avoid disrup-
tion or disturbance of wildlife on District lands, no cat or similar
�
domesticated pet shall be permitted on District lauds-
OO1,3 Disturbance or Injury to Wildlife. No dog, cat or domesticated animal,
even if leashed, shall be permitted to disturb, chase, molest, injure
�
� or take any kind of native wildlife, whether living or dead, or remove,
destroy, or in any manner disturb the natural habitat of any animal on
District lands.
801'4 Horses and Livestock. A person may ride or use a saddle horse, pony,
mule or similar animal only on portions of District lauds designated in
site use and management plans adopted by the Board' Pursuant to a �
lease, license or other entitlement of use granted by the Board, a
person may beep or raise cattle, horses, sheep or other livestock on
designated District lands.
SECTION ' ABANDONED ANIMALS. No person shall abandon a dog, cat, fish, fowl, or
other animal on District Iaudm-
SECTION . PLANTS AND TREES PROTECTED.
803.1 Plants. No person shall damage, injure, collect, or remove any plant �
or tree or portion thereof, whether living or dead, including but not �
�
limited to flowers, mushrooms, bushes, vines, grass, turf, cones and
dead wood located on District lauds- (See also Penal Code Section �
384a.)
803.2 Possession of Gathered Wood Prohibited. No person shall transport or �
possess uomiIIed wood on District lands without satisfactory evidence
of lawful acquisition, such as a sales receipt, or written authoriza-
tion from the owner of the laud from which the wood was acquired.
SECTION . GEOLOGICAL FEATURES. No person shall damage, injure, ouIIeot or remove
�
� earth, rocks, sand, gravel, fossils, minerals, features of caves, or �
�
� any article or artifact of geological interest or value located on
� District lands.
SECTION �
�
, ARCHEOLOGICAL FEATURES. No person obaII damage, injure, collect or
remove, any object of paleontological, archeological or historical
interest or value located on District Iao8a' (Penal Code Section
622�.)
SECTION ' SPECIAL PERMISSION. Special permission (Section 103) may be granted to ^
remove, treat, disturb, or otherwise affect plants or animals or
geological, historical, archeological, or paleontological materials for
research, interpretative, educational or operational purposes.
EXHIBIT
Page �
�
�
� SECTION - DEFACEMENT OF PROPERTY. No person shall without a permit cut, carve,
� paint, mark, paste, or fasten no any tree, fence, wall, building,
� monument, or other property on District lands, any bill, advertisement,
� directional or informational signs, or inscription whatsoever.
CHAPTER IX - DISTRICT LANDS OPERATIONS: GENERAL
SECTION
�
. ^
900.1 ; Littering; Waste Matter.
(a) Littering means the willful or negligent throwing, dropping,
placing, depositing, or sweeping, or causing any such act, of any
waste matter on District lands in other than appropriate storage
containers or areas designated for such purposes.
(b) Waste matter means discarded, used, or leftover substance includ-
ing, but not limited to, a lighted or uonIiobted cigarette, cigar,
match or any flaming or glowing material, or any garbage, trash,
refuse, paper, container, packaging or construction material,
carcass of a dead animal, any nauseous or offensive matter of any
kind, or any object likely to injure any person or create a
traffic hazard.
900.2 Littering or Dumping. No person abaII litter or cause to Be littered
on any District lands, or dump or cause to be dumped any waste matter
in or upon any District Iauda, It shall be unlawful to place, deposit,
� or dump, or cause to be placed, deposited or dumped, any rocks or dirt
in or upon any District lands without a permit authorizing such
�
activity.
SECTION . '
�
� No person shall park a motor vehicle, except an authorized emergency
vehicle or when in compliance with the directions of a peace officer,
ranger or District employee, on any of the following places: �
�
(a) In areas where prohibited by "ND PARKING" signs. �
�
�
(b) on any tire trail. �
�
(c) On any equestrian or hiking trail.
(d) In such a place or manner as would block or obstruct any gate,
entrance, or exit.
�
(e) In such a place or manner as to take up more than one marked
parking space in any authorized parking area.
| (f) In such a place or manner as to block or obstruct the free flow of
|
traffic.
| (g) Within 15 feet of a fire hydrant.
| �~
EXHIBIT
Page �
�
(b) Adjacent to any curb painted red.
(i) On any District lands after sundown except pursuant to a valid
permit,
(j) In areas signed for permit parking or District lands without a
valid permit.
(k) In any other place on District lands not designated by the
District as an authorized area.
SECTION �
, ,
�
� 902.1 General. No motor vehicle may be operated or left standing on District
lands. Motor vehicle includes but is not limited to, motorcycles, off- �
road vehicles, "dirt bikes," and similar vehicles.
902.2 ,
�
(a) This section shall not apply to authorized emergency vehicles.
(b) This section shall not apply to areas, roads, trails, or paths
which may from time to time be set aside and posted by the Board
for the use of specifically designated vehicles.
(o) This section shall not apply to established roads that are not
closed to the public'
_
SECTION
, SPEED LIMITS. No person shall drive a vehicle on District lands at a �
�
speed greater than is reasonable or prudent, having due regard for
traffic on, and the surface and width of, the road, and in no event at
�
a speed which endangers the safety of persons, property, or wildlife,
� provided, however, that in no event shall a vehicle be driven at a
�
speed greater than the posted speed limit for that area. �
SECTION
�
. ABANDONED VEHICLES. �
�
904.1 72 Hours. No person shall permit a vehicle to be parked or left
� standing within the District for 72 consecutive hours or more except in
�
� camping areas pursuant to a valid permit.
�
904-2 Removal. Any vehicle packed or left standing in violation of this �
Section may be removed as provided in the Vehicle Code of the State of
California.
904.3 Abandonment. Whenever a District ranger has reasonable grounds to
believe that a vehicle has been abandoned on District lands,' the
vehicle may be removed as authorized by Vehicle Code Section 22782'
SECTION ' PROHIBITED AREAS.
905,1 General. To insure the safety and health of persons, to avoid inter-
ference in development, coumtruction, and management, or to provide for
the security, safeguarding, and preservation of District lands and
facilities, the General Manager or an authorized representative may
EXHIBIT
Page An of
� |
from time to time upon such finding declare an area closed, prohibited,
or limited to further entry, and specify the period therefor. If the �
!
order is to close an area, the order may include such reasonable
classes of persons who may enter therein in the conduct of such proper �
activities or official duties as the General Manager or an authorized |
� representative may prescribe If the order is to limit the number of
�
persons in an area, no person shall enter the area uoIeaa specifically ^ |
authorized by the General Manager or an authorized representative.
|
|
When by order a prohibited or limited area has been so declared, no /
person so prohibited shall during the effective period therefor enter
� therein, and all prohibited persons within such area at the time it is
� so declared shall leave the same without any appreciable delay, and in !
so doing shall obey and abide by all instructions of the supervising
District employee. |
|
90S,2 . No person obaII enter or remain on any
� |
� District preserve "after hours" without a valid permit issued by the |
District authorizing such activity. The term "after hours" as used
herein shall be construed to mean one-half hour after official sunset
� to official sunrise the following day' |
�
� SECTION 906. DECLARATION OF NOISE POLICY. It is hereby declared to be the policy of �
the District to prohibit unnecessary, excessive, and annoying noises
� all f�mu a sources subject to its jurisdiction. At certain levels,
|
noises are detrimental to the health and welfare of District laud
users, and it is in the public interest to systematically minimize such
noises. �
|
SECTION
, This ordinance shall be published once within 30 days after adoption in
a newspaper of general circulation printed, published, and circulated
in the District and obaII be effective from and after June 25, 1983.
�
�
| �
| �
�
�
�
| EXHIBIT
. Page �
�
� ����
Participation b. The District will participate in the formulation of land use plans of
other agencies that affect the District.
Joint c. The District will explore and engage in joint actions in order to maxi-
actions mize the opportunities for reservation of open ace. For example,
P P ,
P P
in some cases the County or other may governmental agencies have
9 9 Y
resources available to commit to land management or to park de-
velopment but not to acquisition, and the District may acquire the
affected land or water area. In other instances, the District will sup-
port joint studies that appear to afford the most economical means
of gathering data needed to make an acquisition decision.
Advocacy d. The District will propose and urge preservation of open space to
other governmental agencies, such as the cities and the County
which, unlike the District, have zoning powers to aid in this protec-
tion. It will also serve as an advocate for the protection of the area's
natural environmental resources. The District will lend support to
: those groups which are urging other agencies to take actions con-
sistent with the goals of the District.
3. The District will follow a land management policy that provides proper care
of open space land, allowing public access appropriate to the nature of the
land and consistent with ecological values.
POLICIES
Preservation a. Careful planning and great care will be taken to protect the natural
beauty and ecological balance of the lands of the District.
Good b. The District will make every effort to be a "good neighbor" to other
neighbor property owners. Adequate patrol, maintenance, and public educa-
policy tion will be provided to minimize fire hazards, litter, noise, erosion,
unsound use of the land, disturbance of wildlife and vegetation,and
trespassing.
Public c. With certain limitations, the District will allow public access to its
access lands. Because no agency in this area has contemplated acquiring
open space in such quantity so close to urban areas, the financial
.. ,
Cost resources required for maintenance of acquired lands will be an im-
nstraints ortant consideration. It is clear that the more funds are expended
co e
P p
in development of facilities and supervision of public access, the
less will be available for acquisition. This constraint will necessitate
limited t n quantity f es and ua tit o access on at least some f the Inds
YP q Y
o eo e a
Environmental of the District. Some lands will be banked for a period of time prior
constraints to opening to public use. Areas found to be vital wildlife or plant
P 9 P
habitats will be designated as refuge areas, and in these areas ac-
Other cess will be severely restricted. Safety factors such as dangerous
constraints physical conditions will necessitate limited access in some areas.
1 Agricultural land will also require restricted public use. In some
Permitted cases use will be regulated by a permit system. In general, access
access will be allowed according to the availability of facilities and super-
vision essential to the intended use, and according to the carrying
capacity of the land. Use will be open to everyone regardless of
place of residence.
Recreation d. Initial development will be primarily for low-intensity recreation,such
as hiking, riding, grass picnicking, photography, and nature study.
Cost limits Because of the commitment to maximum acquisition efforts, initial
expenditures on recreational improvements will be limited to not
Cooperative more than 5% of the District's income for the first 10 years.The Dis-
efforts trict will seek arrangements with other governmental agencies where-
by the other agencies will provide some or all development of facili-
ties and supervision of public access. This can include making land
available to other agencies by long term lease, sale, or similar
arrangement. The District will insure that such development will
protect important natural values of the open space.
Agriculture e. Where feasible, agricultural use will be sustained and encouraged.
EXHIBIT B
- Page 1-2_ of 12--
Duveneck Windmill
Pasture Area
Page Mill
Road
Los Trancos
Open Space Preserve Gate Legend
` \) Parking Area
Gate j Public Road
Black Mountain ..................••• Trail (Hikers Only)
�\ •�'���� Canyon \Monte Bello Trail
� ` •.�•. \� Trail tv� Road \ •-------- Trail (Hikers, Equestrians,
Permit �� �� �� \ Bicyclists)
Only � ••�' � �' / ........ Closed to Bicycles
Stevens Creek
Woodland ��I\ .. ••••
Nature Trail :yam. ��` Creek
/ Scale in Miles
Backpack 0 1/2 1
Indian Creek Camp
Alpine Christmas \1\�� frail North
Road Tree Farm Indian
Skyline Ridge Greek / <191NINI01) i-laR,-p—lopenSp--Dome
Open Space Preserve
HOW TO GET THERE... once Bello
\ ( Gold Mine Road
i \` ! Creek ; ( at
PALO \ •• �,\
3' a ALTO Skyline \ ,� \ o'%
r W W Boulevard / / ^ %'t
i Stevens /
ORECON Greek `�"�•• —40 DUCenl
Watenvhc'cl Permit
e
y i �O SpN 4WONIO Q \ ` Creek Frail Parking
T o � • � \ Canyon
Trail .
MIEES Private
X Property ; ! •, ��^. `
= 7 miles,112 hour drive from Foothill College rw��` ••.� \
W 7 miles from intersection 1-280 and Page \-') �' ��'•
Mill Road. \ /• �r ��j� `
If you are willing to recycle this brochure, l / Table
n plase return it to the box at the trailhead. r,j�� Mountain �\
� Skyline• �` ��• ,
County Park
(ContactO Santa Clara
MONTEBELL �
Co.Parks \ �•
for bicycle To Saratoga
Open Space Preserve Grizzly Flat regulations) Gap No Parking
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-90-107
(Meeting 90-23
October 10, 1990)
REPORT
October 1 , 1990
TO: Board of Directors
FROM: H. Grench, General Manager
SUBJECT: Rescheduling of October 30 Special Meeting
Recommended Action: Reschedule your October 30 , 1990 special
meeting to Monday, October 29, 1990 beginning at 8 :00 P.M. for the
purpose of conducting final interviews of selected applicants and
selecting a new director for Ward 4 .
Discussion: At your September 26, 1990 regular meeting, you
scheduled a special meeting for October 30 to conduct the final
round of interviews and select a new director for Ward 4 . Due to
a scheduling conflict , the meeting needs to be moved to Monday,
October 29 beginning at 8 :00 P.M. so that all directors can attend.
The initial round of interviews is scheduled for Tuesday, October
23 beginning at 7 : 30 P.M. at the District office.
201 San Antonio Circle, Suite C-135 - Mountain View, California 94040 • Phone: (415) 949-5500 • FAX: (415) 949-5679
General Manager:Herbert trench Board of Directors:Richard Bishop,Betsy Crowder,Katherine Duffy,Nonette Hanko,Teena Henshaw,Robert McKibbin,Edward Shelley
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-90-110
(Meeting 90-23
October 10 , 1990)
REPORT
October 2 , 1990
TO: Board of Directors
FROM: Directors K. Duffy and R. McKibbin
SUBJECT: Support of Measure T
Recommended Actions:
As Midpeninsula Regional Open Space Directors sharing representation of the
Cupertino area, we have met in recent months with Cupertino City Council
and Planning Commission members to discuss mutual plans and ideas for open
space preservation. Current efforts in Cupertino include a November ballot
measure authorizing a utility tax to raise funds to acquire the last
remaining open spaces in that city. We very much applaud and support this
ballot measure and recommend passage of the attached resolution of support.
201 San Antonio Circle, Suite C-135 - Mountain View, California 94040 . Phone: (415) 949-5500 . FAX: (415) 949-5679
General Manager:Herbert Grench Board of Directors:Richard Bishop,Betsy Crowder,Katherine Duffy,Nonette Hanko,Teena Henshaw,Robert McKibbin,Edward Shelley
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SUPPORTING THE CITY OF
CUPERTINO MEASURE "T" , THE OPEN SPACE INITIATIVE, ON THE NOVEMBER
6, 1990 BALLOT
WHEREAS, the city council of Cupertino, with the support of the
Chamber of Commerce and the service and business community, has
placed Measure "T" , the Open Space Measure, on the November 6,
1990 ballot; and
WHEREAS, this measure will allow the voters of Cupertino to
decide whether or not they wish to pay a 2.4 percent utility tax
for open space; and
WHEREAS, the tax would generate funds for the purchase and
preservation of Blackberry Farm and the Fremont Older Elementary
School site as open space; and
WHEREAS, the purchase of urban open space compliments the
District ' s goals of acquisition and preservation of rural open
space;
NOW, THEREFORE, BE IT HEREBY RESOLVED that the Board of Directors
of the Midpeninsula Regional Open Space District strongly
supports Measure "T" on the November 6, 1990 ballot, and applauds
the purchase of Blackberry Farm and the Fremont Older Elementary
School site for open space, recreation and youth sports.
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-90-108
(Meeting 90-23
October 10 , 1990)
REPORT_
October 2 , 1990
To * Board of Directors
From: H. Grench, General Manager
Responsibility and Preparation: D. Hansen, Land Manager ; J .
Escobar , Operations Supervisor
Subject : Appointment of Peace Officer
Recommended Action: Adopt the attached Resolution of the Board of
Directors of the Midpeninsula Regional Open Space District
Appointing Peace Officer - Phillip Hearin
Discussion__:_ At your meeting of January 14 , 1976 , you accepted the
recomnendation 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) .
Phillip Hearin has completed the necessary courses required under
the Penal Code . This course completion and the passage of the
attached resolution will qualify him as a peace officer .
201 San Antonio Circle, Suite C-135 • Mountain View, California 94040 • Phone: (415) 949-5500 • FAX: (415) 949-5679
General Manager:Herbert Grench Board of Directors:Richard Bishop,Betsy Crowder,Katherine Duffy,Nonette Hanko,Teena Henshaw,Robert McKibbin,Edward Shelley
RESOLUTION NO.
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 :
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 applicable federal , state and local laws :
Phillip Hearin
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
FROM: H. Grench, General Manager
DATE: October 10 , 1990
SUBJECT: F. Y. T .
201 San Antonio Circle, Suite C-135 • Mountain View, California 94040 • Phone: (415) 949-5500 . FAX: (415) 949-5679
General Manager:Herbert Grench Board of Directors:Richard Bishop,Betsy Crowder,Katherine Duffy,Nonette Hanko,Teena Henshaw,Robert McKibbin,Edward Shelley
Open Space
----------
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
(Meeting 90-23
October 10 , 1990)
MEMORANDUM
October 4 , 1990
To : Board of Directors
From: C . Britton, Assistant General Manager
Subject : Teague Hill Open Space Preserve - Surplus Property
Proposed Purchase of Development Rights
The attached letter , dated September 13 , 1990 , from Leslie C .
Doolittle , Town Manager , formally expresses an interest in behalf
of the Town of Woodside in scheduling a special election to
acquire development rights over the two 35± acre parcels that
have been declared surplus property by the District . Based upon
that letter , District staff is prepared to negotiate a formal
agreement with Woodside to memorialize their proposal , which
would then be considered by both you and the Council at
respective public meetings . To this end , staff has postponed the
proposed sale of these two parcels until an agreement can be
finalized, hopefully by the end of November . If there are no
Board objections to this process , a full report and proposed
agreement should reach you no later than your meeting of December
12 , 1990 .
201 San Antonio Circle, Suite C-135 • Mountain View, California 94040 • Phone: (415) 949-5500 - FAX: (415) 949-5679
General Manager:Herbert Grench Board of Directors:Richard Bishop,Betsy Crowder,Katherine Duffy;Nonette Hanko,Teena Henshaw,Robert McKibbin,Edward Shelley
i
TOWN OF WOODSIDE
3155 WOODSIDE ROAD/ BOX 4005, WOODSIDE, CALIFORNIA 94062/ (415) 851-7764
September 13 , 1990
Mr. L. Craig Britton
Land Acquisition Manager
Midpeninsula Regional Open Space District
Old Mill Office Center, Building C, Suite 135
201 San Antonio Circle
Mt. View, CA 94040
Dear Mr. Britton:
The Woodside Town Council has stated its firm intention to
schedule an election in the Spring of 1991 in which the Woodside
voters would be asked to consider a tax to support purchase of
the development rights to your 71. 5 acres located in Woodside
near Summit Springs Road. The Council set a maximum of $2 . 5
million for this purpose.
The tax would be used to finance issuance of some form of
securities which would make cash available to you.
I have contacted our regular financial advisors and will arrange
a meeting with you sometime in the next couple of weeks.
I am returning your appraisal report, and thank you for loaning
it to me.
Yours truly,
i
Leslie L. Doolittle
Manager, Town of Woodside
/wm
cc: Town Council
STATE OF CALIFORNIA—THE RESOURCES AGENCY GEORGE DEUKMEJIAN,Governor
DEPARTMENT OF PARKS AND RECREATION
P.O, BOX 942896
SACRAMENTO 94296-0001
October 3, 1991
Ms. Nonette Hanko, President
Board of Directors
Midpeninsula Regional Open Space District
201 San Antonio Circle, Building C
Mountain View, CA 94040
Dear Ms. Hanko:
I wish to congratulate you, Herb Grench, Mary Hale, Jo Combs, the consultants,
members of the Board, your staff and volunteers for the successful completion of the
1990 International Open Space Conference. I feel very fortunate to have had the
opportunity to work with the talented, enthusiastic staff and Board of MROSD and
getting to know all of you. It has been a rewarding experience.
I participated in the field trip looking at trails on MROSD land and was impressed
with the knowledge and enthusiasm of your staff in the field, as well.
The international participants added much to the success of the Conference and made
all of us aware that the work we complete in the next decade to preserve open space
must involve taking responsibility and extending a helping hand to those beyond our
borders. Wangari Maathai's speech was one of the most inspirational I have ever
heard, and I could have listened to her for at least an entire day. We were all
empowered by her presence.
Thanks for all your efforts. Your incredible attention to details, the teamwork
displayed by all the staff and the excellent content of the program made the
Conference a success. Your work is much appreciated by all Conference participants.
Sincerely,
Lin Lindert
Administrative Assistant
September 13, 1990
Ms. Nonnette Hanko, President
Mid-Peninsula Regional Open Space District
Suite C 135
201 San Antonio Circle '
Mountain View, CA 94040
Sheriff C. Gillingham
Santa Clara County Sheriff's Department
1005 Timothy Dr.
San Jose, CA 95133
Dear Ms. Hanko and Sheriff Gillingham,
I recently read an article by John Redding titled Just One More Thing that appeared in
the Fall 1990 issue of Almaden Magazine (portions of the article are imbedded in this letter).
This article discusses Mt. Umunhum, and how
bicyclists can ride on a portion of the Mt. Mid-Pen has a very different opinion.
Umunhum road which is not private. The article "Our position is that the public may
also mentions belligerent and bullying residents that use the road," says Dave Hansen, land
are preventing access by the public to these non- manager for Mid-Pen. 'Bikers may con-
tinue to use the road," adding, however,
private roads and trails. that portions of the road leading to the
summit should be avoided.
With the prospect of seeing some spectacular 'The public may drive to the first gate
views, my son and I set out on the afternoon of (on Mt.Umunhum Road)and park. They
September 8th 1990 on a bicycle trip. We had may proceed from there for about a mile,
proceeded approximately one-half mile on the Mt. but be aware of private propert.,"
Umunhum Road after turning on to it from Hicks INDEED, some of the private proper-
ty owners have been known to enforce
Road when we met a belligerent and abrasive their point of view. A Mid-Pen public
individual who was driving a pickup truck despite notice issued in June warns that property
having a breath noticeably tainted with alcohol. owners are "sometimes very hostile to
anyone who approaches their property".
This encounter included this individual Those residents have marked hit.
driving at a speed of 15 MPH (our bicycles have Umunhum Road with signs which say
-Private Road" and "Keep Off", enough
speedometers) 3-4 feet behind my son who was to dissuade most but not all.
riding near the shoulder of the left side of the road, Those who venture onward have
myself being driven at with the truck stopping 1-1 been stopped by residents, sometimes at
un
1/2 feet from me while I was stopped on my bicycle
gunpoint,int and turned back. Hansen says
near the left side of the road, shouts of "You're on that Mid-Pen receives at least one phone
privateproperty- et out!" and motions b the call a month from someone complaining
P g y residents.
bout rough treatmen
t b the r s nts.
driver as if he would get out of his vehicle if I
a g y
didn't leave. Because of his agitated state, I felt
Page 1
September 13 , 1990
that did he exit his vehicle, there would likely be a physical confrontation.
Needless to say, my son and I found this experience to be most unsettling. I was totally
unprepared for such an encounter, and I am now outraged that it happened. Immediately after
arriving at home, I reported the incident to the Sheriff's Department, and met with several
deputies who took my information.
It appears that from my description of the incident that nothing can be done to this
bullying individual. We (my son and I) apparently did not provide a valid license plate number,
or the plate number is unrecognized because the vehicle's registration is not current. Hence, the
individual may never be identified.
i
The article quotes a Dave Hansen from Mid-Pen as saying that road we experienced rienced
this incident on is public, yet Mid-Pen allows the existence of a sign painted on the Mt.
Umunhum road near its junction with Hicks Road that states "READ", "KEEP OUT", and
"PRIVATE" to continue!
Nonnette Hanko, Mid-Pen Board You, Ms. Hanko, are quoted as saying that
president,says that the Board is not inter- "the Board is not interested in establishing its rights
ested in establishing its legal rights to use to use the road.....", and suggest to the public to
the road until the toxic clean up is com- "use nearby Bald Mountain".
How can you make these conflicting
pleted. In the meantime, she suggests statements? You are ignoring the public's difficulty
that people use nearby Bald Mountain for in even getting to the first gate!
hikes and picnics.
It can be reached by stopping at the I suggest (similar to what Dave Schwaderer
first gate and taking the trail to the left. is quoted in the article as thinking) that Mid-Pen
This is another wonderful place for Pic- establish the public's right to use the road to Mt.
nicking and hiking, and it has another
spectacular view. Umunhum immediately- it cannot wait for several
years. It is obvious to myself, among others, that
these unprovok-cd Confrontations will lead to
violence.
Schwaderer thinks that Mid-Pen
should establish the public's right to use Assertion of the public's right to use the
the road to Mt. Umunhum. In particular, road can begin the day you read this letter with the
he disagrees with Hanko because a friend removal of the signpainted on the roadway. This
P Y
h residents
wi h mailing tote
should be followed t a g
of the current status of the road. I feel that face-to-face contact by Mid-Pen personnel with
u
persons identified as or suspected of having confrontations take place for the purpose of
h road. Final status of the road beginning past the ate and
explaining the current status of the oa g g p g
across "private" property should also be pursued near-term so as to resolve the issue in its
Page 2
September 13, 1990
entirety.
By way of this letter, I am asking Sheriff Gillingham to increase his patrols of the area
in order to protect the public, and to arrest the perpetrators of these incidents.
If either of you are neutral on this issue, I invite you to visit the Mt. Umunhum area
yourself. If you then have an encounter such as mine, you will share my outrage, and concern
for the safety of the public.
Sincerely,
Lean F. Pauser
6218 Via de Adrianna
San Jose, CA 95120
cc:
Rod Diridon, Santa Clara County Supervisor
East Wing, 10th Floor
70 West Hedding St.
San Jose, CA 95110
Editor
San Jose Mecury News
750 Ridder Park Drive
San Jose, CA 95190
Ron Gonzalez, Santa Clara County Supervisor
East Wing, loth Floor
70 West Hedding St.
San Jose, CA 95110
Zoe Lofgren, Santa Clara County Supervisor
East Wing, loth Floor
70 West Hedding St.
San Jose, CA 95110
Dianne McKenna, Santa Clara County Supervisor
East Wing, loth Floor
70 West Hedding gg St.
San Jose, CA 95110
John Redding
c/o Almaden Publishing Company
P.O. Box 20444
Almaden Valley, CA 95160
Susanne Wilson, Santa Clara County Supervisor
East Wing, 10th Floor
70 West Hedding St.
San Jose, CA 95110
Page 3
/7-
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
PUBLIC NOTICE
March 29 , 1990
SIERRA JAZUL OPEN SPACE PRESERVE
Mt .Umunhum Area
The Midpeninsula Regional Open Space District does not recommend
public use of this area at the present time . The area is steep,
brushy, and undeveloped . There are no developed trails or
parking facilities . There are few signs . District land is
interspersed with land owned by private citizens who value their
privacy and who are solmetimes very hostile to anyone who
approaches their property ,
It will be a number of years before adequate lands are acauireC'
to complete the Mt .U-nunhum Area of the Sierra 77*,_Il Open SCPCE
Preserve , before the summit area is open to the public , and
before adequate public use facilities are developed .
Thank you for your interest in visiting the District ' s open space
preserves .
'it
`David Wm. Hansen, Land Manager
(415) 949-5500
�\2pen Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
July 3 , 1990
Mt . Umunhum Road Neighbors
and the General Public
SUBJECT: Mt . Umunhum Road to Remain Open on July 4 , 9 Rr( (pL4f4, r
Dear Neighbors and General Public : g
Like all Midpeninsula Regional Open Space District preserves , the
Sierra Azul Open Space Preserve ' s Mt. Umunhum area is open every
day of the year for public visitation from sunrise to half an
hour after sunset . Hence , the area is open on July fourth , 1990 .
The district holds perpetual road use easements for the entire
length of the Mt . Umunhum Road from its Hicks Road intersection
to the former Almaden Air Force Base at the summit which the
District owns . Thus , as the District ' s invited guest, the public
should be free to travel in the area during normal visiting hours
without obstruction or harassment .
Currently , the area ' s public trail ( Mt . Umunhum Road) is closed
at a point approximately 1 . 2 miles beyond the District ' s SA7
locked gate . This point is marked by a sign that states "Public
Trail Closed at this Point" . This closure is by District board
policy and is regarded as temporary.
The general public , are therefore permitted to travel the Mt .
Umunhum Road and public trail to the closure point as an invited
guest of the District on July fourth. However , the Midpeninsula
Regional Open Space District does not recommend use of this area
at the present time . The reasons for this are outlined in the
District ' s public notice dated March 29 , 1990 signed by me , which
is attached. Many areas off Mt. Umunhum Road are not legally
accessible by the public and these should not be visited by the
public without the express consent of intervening private
property owners . Maps for the area are available and should be
obtained from the District office before visiting.
Thank you for your interest in the District ' s open space
preserves .
Sincerely,
� l � it
David Wm. Hansen
Land Manager
cc: C. Britton
S . Norton, Legal Counsel
2M San Antonio Circle, Suite C-135 • Mountain View, California 94040 • Phone: (415) 949-5500 • FAX: (415) 949-5679
t".r.-,r.cr V.,n.rr 11-" —.,0, l• P".rrf of nil..,r,- R,C-I•t �,4, ,f" . , , ,n .t. P..I,• fit.A iht.•, f !:.. 'V•,.n,. I•r1 R� R�•I• n �r?•r Y.irf,r rinr r.^� \ rah 1}e•• , L• .�H,n ...
y
.....,,
N1IDPENINSULA REGIONAL OPEN SPACE DISTRICT
PUBLIC NOTICE
March 29 , 1990
SIERRA AZUL OPEN SPACE PRESERVE
Mt .Umunhum Area
The Midpeninsula Regional Open Space District does not recommend
public use of this area at the present tire . Tine area is steep,
brushy, and undeveloped . There are no developed trails or
parking facilities . There are few signs . District land is
interspersed with lard owned by private citizens who value their
privacy and who are sometimes very hostile to anyone who
approaches their property .
It will be a number of years before adecu=te lards are accuired
to complete the Mt .Umunhum Area of the Sierra : _gal Open Scace
Preserve , before the summit area is open to the public , and
before adequate public use facilities are developed .
Thank you for your interest in visiting the District ' s open space
preserves .
l
`David Wm. Hansen, Land Manager
(415) 949-5500
i
i
, Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION
Robert J. Logan, Attorney
152 North Third Street, Suite 201
San Jose , CA 95112
Dear Mr. Logan:
The District ' s Board of Directors reviewed your letter of July
10 , 1990 regarding your position that Mt. Umunhum Road is a
private road and not open to the District ' s "invited guests" as
stated in the District staff letter of July 3 , 1990 . It is
unfortunate that you did not take the opportunity to contact
District Legal Counsel , Stanley Norton, on this matter as
suggested in the Board' s response to your previous communication.
We think it is important to recognize that District staff has
closed Mt . Umunhum Road to public invitees at your client ' s
property line in our continuing effort to work together toward
mutual interests in this area. However, the District staff
letter of July 3, 1990 , signed by Mr. Hansen, clearly stating the
District ' s position in this matter, was fairly considered and
approved by Legal Counsel . Therefore, we fail to find merit in
your position in this matter . If you continue to feel that there
are legal issues to be resolved, we again encourage you to
contact Mr. Norton.
Sincerely,
Nonette Hanko, President
Board of Directors
LCB:dmz
cc: Stanley Norton, Esq.
201 San Antonio Circle, Suite C-135 • Mountain View, California 94040 • Phone: (415) 949-5500 • FAX: (415) 949-5679
General Manager.Herbert Grench Board of Directors:Richard Bishop,Betsy Crowder,Katherine Duffy,Nonette Hanko,Teena Henshaw,Robert McKibbin,Edward Shelley
County of Santa Clara IOUNr�_
Public Services Agency �` �\1
Parks and Recreation Department
298 Garden Hill Drive 1 �
Los Gatos,California 95030
(408)358-3741,Reservations 358-3751
September 28, 1990
Herb Grench, Director
Midpeninsula Regional Open Space District I
201 San Antonio Circle, Suite C-135 y
Mountain View, CA 94040
Dear Herb:
I would like to compliment you and your staff on the excellence of the 1990 International
Open Space conference. The topics were relevant and varied. The logistics of the
conference itself seemed to run smoothly as well - not an easy task.
We appreciate the opportunity you gave our Department to participate in the field workshop
series. It was good recognition for us, and we hope beneficial to those who attended.
On a more personal level, I would like to thank you for acknowledging me at the final
breakfast meeting last Wednesday morning.
Again, congratulations on a great conference.
Sincerely,
N r �
(}?jf f
ffj�,k �j�,
t t
Douglas J. Gaynor
Director
I
a
i
Board of Supervisors:Susanne Wilson,Zoe Lofg1ren,Ron Gonzales,Rod Diridon,Dianne McKenna 1
County Executive:Sally R.Reed
I i
i
carroll harrington
October 2, 1990
Mary Hale
Midpeninsula Regional Open Space District
Old Mill Office Center
Old Mill Circle
Building C, Suite 135
Mountain View, CA 94040
Dear Mary:
Congratulations on an outstanding conference! As a conference coordinator, I
can appreciate all of the multitudinous details that go in to assuring the the
conference runs smoothly, and you get an A+.
Although I was able to attend only on Sunday and Monday evening, I was
impressed by the two workshops, the Show and Tell, the information tent
and the Sunday lunch program. Even more impressive was the organization
of the information packet, the program and the numerous accurate signs.
Not an easy job to accomplish!
Please pass on my congratulations the MROSD staff. All of you deserve
accolades for a job well done.
Regards,
Carroll Harrington
cc: Herb Grench
Nonette Hanko
PS: The annual report was exellent. Beautiful photographyM
830 melville avenue
palo alto, ca 94301
415/321-9594
CITY OF BOULDER, COLORADO 80306
II
October 2, 1990
Herb Grench
G-nt7tal ivla.liager
mid p"llinsula R--gional GP;, . Space Dlstiict
201 San Antonio Circle
Suite C-135
Mountain View, California 94040
Dear Herb:
I wanted to drop you a note to congratulate you on a very successful Open Space
Conference. It certainly gave me the opportunity to talk to many different people in the
field and to get new ideas, and perhaps more important, to get a recharge from others who
are involved in open space preservation. Hearing their stories and experiencing their
successes made me feel "ready to go back to work".
Once again, thanks.
Sincerely,
Jao-ies C - rain, Director
2JCGrenc.090
Real Estate/Open Space P.O. Box 791 (303) 441-3440
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
August 27 , 1990
Mr. J. Tracy O' Rourke
Chief Executive Officer
Varian Associates
3100 Hansen Way
Palo Alto, CA 94304
Dear Mr. O' Rourke:
On behalf of the Board of Directors of the Midpeninsula Regional
Open Space District , I want to express our gratitude for Varian' s
generous grant to the 1990 International Open Space Conference.
Your financial aid will help ensure that this conference will be
a tremendous success and of great benefit to the Bay Area open
space efforts.
Sincerely yours ,
Nonette Hanko, President
Board of Directors
cc: Gary Simpson
vKROSD Board of Directors
NH:ej
201 San Antonio Circle, Suite C-135 - Mountain View, California 94040 - Phone: (415) 949-5500 - FAX: (415) 949-5679
General manager:Herbert Grench Board of Directors.Richard Bishop,Betsy Crowder,Katherine Duffy,Nonette Hanko,Teena Henshaw,Robert McKibbin,Edward Shelley
1Cpen Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
October 3 , 1990
Ranger Patrick Congdon
Midpeninsula Regional Open Space District
201 San Antonio Circle , Suite C-135
Mountain View, California 94040
Dear Patrick,
On behalf of t1ne Board of Directors and the entire District staff
I would like to recognize and commend your actions during the
initial attack of the fire on the Russian Ridge Open Space Preserve
en August 6 , 1990 . Working with Ranger Craig Beckman, you
established and; maintained a fire line on the westerly side of the
fire with no outside assistance and at some risk to your personal
safety . Your actions prevented the westerly spread of the fire and
possible damag=_ to the homes on adjacent private property .
Patrick , your courageous actions truly exemplified the meaning of
public service , your commitment to the District program, and your
willingness to work above and beyond the call of duty. The
District and ins constituents have been very well served. Thank
you.
Sincerely,
V
Herb Grench
General Manage--
HG: kh
cc : Board of Directors
201 San Antonio Circle, Suite C-135 - Mountain View, California 94040 - Phone: (415) 949-5500 - FAX: (415) 949-5679
Genera!Manager:Herbert Grench Boarr��Df Directors,Richard Bishop,Betsy Crowder,Katherine Duffy,Nanette Hanko,Teena Henshaw,Robert McKibbin,Edward Shelley
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
October 3 , 1 cl - 990
Ranger Craig 7 Beckman
Midpeninsula Regional Open Space District
201 San Anton::=40 Circle , Suite C-135
Mountain California 94040
Dear Craig,
On behalf of the Board of Directors and the entire District staff
I would like v to recognize and commend your actions during the
initial of the fire on the Russian Ridge Open Space Preserve
on August 6 , 1990 . Working with Ranger Patrick Congdon, you
established a: and maintained a fire line on the westerly side of the
fire with no outside assistance and at some risk to your personal
safety. Your actions prevented the westerly spread of the fire and
possible da--------=ze to the homes on adjacent private property.
Craig, your courageous actions truly exemplified the meaning of
public serv4-c-- c= , your commitment to the District program , and your
willingness -o work above and beyond the call of duty . The
District and its constituents have been very well served. Thank
you .
Sincerely,
A"
Herb Grench
General Manag:��c7 -r
HG :kh
cc : Board of .--f Directors
201 San Antonio Circle, Sui,-'Suite C-135 • Mountain View, California 94040 - Phone: (415) 949-5500 - FAX: (415) 949-5679
General Manager:Herbert Grench Boarm-2tnare of Directors.Richard Bishop,Betsy Crowder,Katherine Duffy,Nonette Hanko,Teena Henshaw,Robert Mc?Ctbbin,Edward Shelley
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
October 3 , 1990
Loro Paterson
Ifidpeninsula, Regional Open Space District
201 San Antonio Circle , Suite C-135
Mountain View, California 94040
Dear Loro,
On behalf of the Board of Directors and the entire staff I would
like to recognize and commend your actions during the initial
attack of the fire cn the Russian Ridge Open Space Preserve on
ugust 6 , 1990 . Wcrkfng with units from theCalifornia Department
of Forestry you estab_Jshed and maintained a line on the north side
of the 'Lire . Your action's contributed to the prevention of the
northerly spread of the fire and the possible d1ar-age to the homes
on adjacent private property.
Loro , your actions trT:-, y exemplified the meaning of public service .
The District and its constituents have been very well served .
Thank you .
Sincerely,
-44
Herb Grench
General Manager
HG :kh
cc : Board of Di-.ectc=s
201 San Antonio Circle, Suite C-135 • Mourntain View, California 94040 - Phone: (415) 949-5500 - FAX: (415) 949-5679
General Manager:Herbert Grench Board of Directors.Richard Effishop,Betsy Crowder,Katherine Duffy,Nonette Hanko,Teena Henshaw,Robert McKibbin,Edward Shelley
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
October 10 , 1990
Honorable Rebecca Morgan
830 Menlo Ave . Suite 100
Menlo Park, CA 94025
Dear Becky:
We very greatly appreciate the effort you made to get a state
appropriation to help complete the Skyline Ridge Open Space
Preserve Interpretive Center. I know that the Governor ' s
elimination of this item from SB 2621 was as much a
disappointment to you as it was to us and to Peninsula Open Space
Trust . We ' re regrouping now to see what can be done with more
limited funds.
Onward and upward!
Best Regards ,
X
III
Herbert Grench
General Manager
III
HG:dmz
cc: MROSD Board of Directors
Ralph Heim
Audrey Rust
201 San Antonio Circle, Suite C-135 • Mountain View, California 94040 • Phone: (415) 949-5500 • FAX: (415) 949-5679
General Manager:Herbert Crench Board of Directors.,Richard Bishop,Betsy Crowder,Katherine Dully,Nonette Hanko,Teena Henshaw,Robert McKibbin,Edward Shelley
Claims No. 90-18
Meeting 90-22
Date: Oct. 10, 1990
MTDPENINS17LA REGIONAL OPEN SPACE DISTRICT REVISED
# Amount Name Description
---------------------------------------------------------------------------------------------------
4756 1,236.71 Alves Petroleum, Inc. Peel
4757 29.13 American Welding Supply Wlding Tanks-, Refilled
4758 30.03 Barron Park Supply Company Plumbing Supplies
4759 3,378.38 Birnie Lumber Company Fence Posts
4760 212.66 Ruth Blanchard RelWbursement-Local Meeting Expense
and Private Vehicle Expense
4761 8,098.45 Bofors, Inc.. Fall "Open Space" Magazine
4762 28.76 Butler's Uniforms Uniform Expense
4763 150.00 Capitol Weekly Corp-oration Sminar Registration-D. Zucker
4764 102.76 Central Stationers Office Supplies
4765 329.00 Cis munications Research Company Radio Service
4766 111.36 Composite Arts Printing-Business Cards
4767 934.72 Conservatree Paper Company Office Supplies
4768 150,000.00 Continental Lawyers Title Company Property Purchase-Schmidt
4769 38.81 Crest Copies, Inc, Phot
-Oc-opyinci
4770 351.78 Discount Computer Rental, Inc.. Computer Rental
4771 407.32 Dyna-Me-d MA*-dical Supplies
4772 20.00 Federal Express Corporation Express Mail
4773 96.53 Jean Fiddes, Reimbursement-1990 Open Space
Conference nse
4774 130.00 First American Title Insuraince. Reonveyance Fees
Company
4775 186.00 Flinn, Gray & Herterich Insurance
4776 940.97 Goodco Press Inc. Printing
4777 981 .23 Graphicstat, Inc. Artwork Reproduction
4778 471.54 David Hansen Reimbursement-Supplies and Conference
Registration
4779 300.30 Virg Hark-ins Signs Sign
4780 200.00 Carroll Harrington Coordination of Staff Recognition Event
4781 4,065.00 �W Productions, Inc. Tent Rental
4782 936.62 Hengehold Motor Company, Inc.. Van Rental
4783 35.39 IBM Corporation Office Supplies
4784 85.00 Immigration and Naturalization Employment Fees
4785 495.28 Konica Business Machines Maintenance Agreement
4786 1,562.50 Charles H. Montange Legal Services,
4787 127.85 Moore Medical Corporation Medical Supplier-,
4788 267.30 National Sminars, Inc.. Seminar Registration--J.Esco1bar,
D.Sanguinetti and A.Coleman
4789 55.00 North American Title Company Title Services
4790 92.45 Northern Energy Propane Fuel
4791 2,098.27 Pacific Bell Telephone Service
4792 875.51 Pacific Gas & Electric Company Utilities
4793 78.51 Page & Turnbull, Inc. Architectural cervices
4794 5,36 Peninsula Blueprint, Inc. Artwork Reproduction
4795 419.43 Peninsula Community 'Services,Inc.. Miscellaneous Repairs-Enterpri.se
4796 121.31 Pine Cone Lumber Company,Inc.. Sign Materials
4797 165.17 PIP Printing Photocopying
4798 134.65 Pitney Postage Machine Rental
4799 285.29 Port-O-Let Sanitation Services
4800 7,812.50 Prudential Bache 1988 Notes Agreement
Claims No. 90-18
Meeting 90-22
Date: Oct. 10, 1990
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REVISED
# Amount Name Description
----------------------------------------------------------------------------------------------------
4801 64.66 Rancho Hardware Field Supplies
4802 8,408.00 Robert C. Reese and Associates Appraisal Service,-,
4803 1,500.00 Renfro Roofing Company Roof Repair
4804 1,944.01 Ray's Repair Service Vehicle Repairs
4805 209.30 San Mateo Times Newpaper Group Advertisement
4806 250.00 Santa Clara County Health Permit
Department
4807 1,616.86 Santa Clara County Sheriff's Patrol Services
Department
4808 13,852.25 Seafirst Bank Note Paying Agent
4809 193.87 Service Mamfacturing Company Service Body
4810 4,070,00 Eugene Sheehan Consulting and Machine Rental
4811 330.93 Signs of the Times Signs
4812 64.21 Skyline County Water District Water Service
4813 600,000.00 SteAart Title Guaranty Company Property Purchase-445tyr
4814 55.00 Sunnyvale Towing Vehicle Towing
4815 631.92 Telsystems Telephone Equipment
4816 734.50 Martha E. Ture is Consulting Fees
4817 879.00 Martha E. Tare Media Consulting Fees
4818 695.78 Unocal Fuel
4819 2520.00 Upton Caterer Service Alcratraz Tour Caterers
4820 510.00 Valley Title Company Preliminary Title Reports
4821 393.24 The Workingman's Emporium Uniform EVease
4822 427.56 Word Products office Supplies
4823 677.82 Yerba Buena Niursery Plants
4824 366.67 Petty Cash Local Meeting Expense, Office Supplies,
Film and Developing, Fuel, Signs,
and Private Vehicle F-Vense
*Emergency check issued on October 1, 1990.