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HomeMy Public PortalAbout19910424 - Agendas Packet - Board of Directors (BOD) - 91-11 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 91-11 REGULAR MEETING BOARD OF DIRECTORS 7 : 30 P.M. 201 San Antonio Circle Wednesday Building C - Suite 135 April 24 , 1991 Mountain View, Calif . (7 : 30) * ROLL CALL APPROVAL OF MINUTES (April 10, 1991) WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS -- Public** ADOPTION OF AGENDA BOARD BUSINESS II (7 : 45) 1 . Completion of Annexation to the District of McDonald Property Addition to La Honda Creek Open Space Preserve - H. Grench Resolution Annexing Certain Property to the Midpeninsula Regional Open Space District (Midpeninsula Preserves 1990 - La Honda Creek) (7 : 50) 2. Proposed Agreement with Sempervirens Fund Regarding Long Ridge Open Space Preserve Additions - C. Britton Resolution Approving and Authorizing Execution of Agreement for Option to Purchase Real Property, Authorizing Officer to Execute Memorandum of Agreement, and Authorizing General Manager or Assistant General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Long Ridge Open Space Preserve - Lands of Sempervirens Fund) (8 :00) 3. Proposed Addition of DEKA Associates Property to Long Ridge 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 or Assistant General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of DEKA Associates) 201 San Antonio Circle,Suite C-1 35 • Mountain View,California 94040 • Phone:(415)949-5500 - FAX:(415)949-5679 (8 :20) 4. Land and Water Conservation Fund Application for Saratoga Summit Gateway Project (Proposed Addition of Sempervirens Fund Property to Long Ridge Open Space Preserve) - C . Britton Resolution Approving the Application for Land and Water Conservation Funds for the Saratoga Summit Gateway Acquisition Project (8 :30) 5. Action Plan Program Evaluation for 1990-1991 Fiscal Year - H. Grench (8 : 55) G . Proposed Revision of the District ' s Performance Evaluation and Merit Pay System for Non- Represented Employees - H. Grench (9: 05) 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. Denotes Express Item NOTICE OF PUBLIC MEETINGS There will be an Office Space Committee meeting Tuesday, April 23, 1991 beginning at 5 p.m. in the District Office. The purpose of the meeting is to discuss 330 Distel Circle office space remodelling plans. The Comprehensive Use and Management Plan Review for Russian Ridge Open Space Preserve is tentatively scheduled for consideration at the meeting of May 8, 1991. Please send your written comments, ideas, and concerns to David Hansen, Land Manager, by April 26, 1991 so that they can be considered in drafting the staff report. You may call the District office within 48 hours prior to the above-mentioned Board meeting to confirm that the item is on the agenda. Open Space -------------------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 91-09 REGULAR MEETING BOARD OF DIRECTORS April 10, 1991 MINUTES I. ROLL CALL President Nonette Hanko called the meeting to order at 7 :33 p.m. Members Present: Ginny Babbitt, Richard Bishop, Betsy Crowder, Katherine Duffy, Nonette Hanko, Teena HenshaW, and Robert McKibbin. Personnel Present: Herbert Grench, Craig Britton, David Hansen, Jean Fiddes, John Escobar, and Maryly Dole. II . CLOSED SESSION The Board adjourned to a closed session at 7 : 35 p.m. to discuss labor negotiation matters. The Board reconvened for public session at 8 : 00 p.m. III. APPROVAL OF MINUTES March 27 , 1991 N. Hanko stated that the minutes should be amended to read that B. Crowder was present and arrived at 7 : 40 p.m. Motion: R. Bishop moved that the Board approve the minutes of March 27 , 1991 as amended. B. Crowder seconded the motion. The motion passed 7 to 0. IV. WRITTEN COMMUNICATION M. Dole stated that the Board received a written communication dated March 20, 1991 from Jobst Brandt, 351 Middlefield Road, Palo Alto regarding erosion problems on Alpine Road, requesting better maintenance of the road, and removal of a stile at the junction of Crazy Pete ' s and Alpine Roads . The Board requested that modifications be made to the draft response for N. Hanko ' s review and signature. N. Hanko distributed a letter she received dated March 29 , 1991 from Antonio Rossman, Attorney at Law, 380 Hayes Street, San Francisco requesting permission to use trails on Windy Hill Open Space Preserve as part of the September 22, 1991 Stanford Centennial Trail Run. The Board directed staff to respond to the request with the understanding that the District would only allow use of the preserve with the stipulation that other jurisdictions , including the Town of Portola Valley and the City of Palo Alto, grant permission for the run. V. ORAL COMMUNICATIONS There were no oral communications . Meeting 91-09 Page 2 VI . ADOPTION OF AGENDA N. Hanko stated that the agenda was adopted by Board consensus. VII. BOARD BUSINESS A. Approval of Memorandum of Agreement With Local 715 (Report R-91-46 dated April 4 , 1991) H. Grench acknowledged the work of Local 715 ' s negotiating team (Rusty Smith, Warren Phillips, Patrick Congdon, and Tom Karnofel) and the District ' s negotiating team (Craig Britton, John Escobar, Jean Fiddes, and Richard Bolanos) . Motion: G. Babbitt moved that the Board adopt Resolution 91-14, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Memorandum of Agreement Between the Midpeninsula Regional Open Space District and Local 715, Services Employees International Union, AFL-CIO/CLC. T. Henshaw seconded the motion. The motion passed 6 to 0 . R. McKibbin abstained from the vote, noting he was a member of Local 715. B. Initial Legislative Program for 1991-1992 (Report R-91-30 dated March 28 , 1991) H. Grench stated that he had begun work on the initial legislative program because of the pressure of legislative deadlines. The Board discussed the legislative priorities for the State Budget Augmentation Projects : 1) Saratoga Gap Acquisition Project, and 2) Pulgas Ridge Open Space Preserve Public Access Improvements. R. Bishop stated that Pulgas Ridge should be an A priority rather than a B priority. The Board discussed the possibility of a November 1991 special election to augment District funding sources . R. McKibbin, N. Hanko, and R. Bishop volunteered to serve on a committee to work with H. Grench to study the feasibility of a special election. Motion: N. Hanko moved that the Board approve the appointment of R. McKibbin, N. Hanko, and R. Bishop to a committee to study potential funding sources and the special election concept. R. Bishop seconded the motion. The motion passed 7 to 0 . Motion: R. Bishop moved that the Board approve the change of Paragraph I .B. (Pulgas Ridge Open Space Preserve Public Access Improvements) to an A priority. B. Crowder seconded the motion. The motion failed to pass on the following vote: Ayes : B. Crowder, R. Bishop, and N. Hanko Noes : T. Henshaw, K. Duffy, R. McKibbin, and G. Babbitt Meeting 91-09 Page 3 Motion: B. Crowder moved that the Board approve the Initial Legislative Program for 1991-1992 as presented. R. McKibbin seconded the motion. The motion passed 7 to 0 . C. Transportation Committee Recommendations (Report R-91-42 dated March 25, 1991) G. Babbitt stated that the Transportation Committee met and discussed transportation concerns on Tuesday, March 12. The Committee presented the following recommendations to the Board: 1) amend the Visitor ' s Guide to encourage the public to use carpooling, public transportation, group visits , etc. , 2) use any means of public outreach such as newsletters to encourage public ridesharing as well as ridesharing among the docents and volunteers, 3) use private groups who have vans and County agencies such as Santa Clara County Public Transit, to promote use of large vans and other public vehicles. She said that the committee members felt that existing District programs could handle implementation of the recommendations and that the committee should be disbanded. In response to a question, H. Grench said that staff could report back to the full Board in six months on implementation progress . Motion: R. Bishop moved that the Board accept the Transportation Committee ' s report and recommendations , and direct staff to report back to the Board in six months on implementation progress . B. Crowder seconded the motion. The motion passed 7 to 0. D. Final Adoption of the Preliminary Use and Management Plan for the Goldsmith Property Addition to Mt. Umunhum Area of Sierra Azul Open Space Preserve (Report R-91-45 dated March 28 , 1991) Motion: T. Henshaw moved that the Board adopt the Preliminary Use and Management Plan for the Goldsmith property addition to Sierra Azul Open Space Preserve, including the naming, as contained in report R-91-45, and indicate its intention to withhold the property from dedication as public open space at this time. R. McKibbin seconded the motion. The motion passed 7 to 0 . E. Final Adoption of the Preliminary Use and Management Plan for the Nature Conservancy Property Addition to La Honda Creek Open Space Preserves (Report R-91-44 dated March 27 , 1991) Motion: R. McKibbin moved that the Board adopt the Preliminary Use and Management Plan for the Nature Conservancy property addition to La Honda Creek Open Space Preserve, including the naming, as Meeting 91-09 Page 4 contained in report R-91-44, and indicate its intention to dedicate the property as public open space. G. Babbitt seconded the motion. The motion passed 7 to 0 . VIII . INFORMATIONAL REPORTS R. Bishop and B. Crowder reported on their participation at the Special Districts Forum hosted by East Bay Regional Park District. They noted that several Board members and staff participated in various parts of the Forum. H. Grench discussed the Open Space America meetings held after the Special Districts Forum. He said that the organization' s current main goal is financing and that the decision to hire an executive director had been deferred. H. Grench discussed his meeting with Bill Mott in San Francisco concerning the National Park Service events all over the country. He stated that Mr. Mott has an idea to use the renovated scow schooner "Elma" as a tour boat around the Bay and allow local agencies to use it as a way to publicize what they are doing. J. Escobar stated that Patrick Congdon is making good progress recovering from his recent surgery. D. Hansen discussed the District tour on Friday, April 5 for about 25 people from the Minnesota-Illinois area who had attended the Special Districts Forum. He said the tour included Purisima, Skyline, and Monte Bello Open Space Preserves . N. Hanko brought up the Logan letter and S . Norton discussed the issues and responses that will be made. IX. CLAIMS Motion: T. Henshaw moved that the Board approve Revised Claims 91-07 , dated April 10, 1991 . R. McKibbin seconded the motion. The motion passed 7 to 0. X. CLOSED SESSION S . Norton announced that litigation matters would be discussed in Closed Session and fell under Government Code Sections 54956 . 9 (c) , legislative body deciding whether to initiate litigation (Montrol property) . C. Britton announced that land negotiation matters to be discussed in Closed Session involved Santa Clara County Assessor ' s Parcel Number 558-29-01 , to be negotiated with Fidelity National Bank. The Board recessed to Closed Session at 9 : 22 P.M. Claims No. 91-07 Meeting 91-09 Date: Apr. 10, 1991 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description ---------------------------------------------------------------------------------------------------- 459 53.63 Ace Fire Eauirnent & Service Fire Extinguisher Service Company 460 2,592.68 Alves Petroleum, Inc. Fuel 461 1,240.67 Baron Welding & Iron Works, Inc. Signs and Gates 462 264.24 Judith Bechtel Utilities 463 2,486.64 Big Creek Lumber Bridge Materials 464 6,189.95 Birnie Lumber and Fence Company Fence Posts and Rails 465 91500.00 R. E. Brooker Company, Inc. Painting 466 120.00 Dr. Irene Brom Honorarium--Docent Training 467 123.05 Bruce Barton Pump Service, Inc. Pump for Water System 468 59.00 Business Radio Licensing Resource Document 469 59.93 California Water Service Company Water Service 470 96.25 Campbell's Towing Towina 471 50.00 County Park and Recreation Membership Meetina Directors Association 472 16.10 Crest Copies, Inc. Bluelines 473 344.99 Dennis Danielson Reimbursement--Field Sur)nlies 474 765.59 DeHart's Printing Service Printing 475 698.71 Design Concepts Consulting Services 476 19.08 Dittmer's Gourmet Meats Local Meeting Expense 477 211.37 Emergency Vehicle Systems Radio Installation 478 810.00 Employment Development Department Unemployment Insurance 479 22,746.71 Envirosafe Gas Tanis and Installation 480 52.87 Jean Fiddes Reimbursement--Local Meeting Expense 481 152,836.00 Flinn, Gray & Herterich Insurance 482 25.00 Gems Galore Pipe Locator Rental 483 21.45 Gold Coast Couriers Delivery Services 484 120.27 Goodco Press Printing 485 147.66 The Good Guys Office Eauirment 486 341.94 Herbert Grench Out-of-Town Meeting Expense 487 11.01 Grossman's Field Supplies 488 910.11 The Home Depot Fence Materials and Electrical Eauimvent 489 1,100.00 Karen Iida Woodburning Stove 490 709.00 J & J Water Trucks Water Delivery 491 431.65 J. Thomas Jakaby Engineering Services 492 5,500.00 Jenecke & Associates Tree Removal and Trimming 493 60.00 Cary Jones Annual Service for Heater 494 61.12 Jossey-Bass Inc. Publishers Resource Document 495 224.14 Michael Jurich Reimbursement--Training and Uniform Expense 496 117.40 Matthew Ken Reimbursement--Electrical Su-ordies 497 488.74 Konica Business Machines Maintenance Agreement 498 192.16 John Kowaleski Reimbursement--Training and Conference Expense 499 680.31 Langley Hill Quarry Base Rock 500 84.92 Thomas Lausten Reimbursement--Uniform Expense 501 200.00 Lopez Gardening Gardening Service--Distel-Circle 502 14.00 Los Gatos Weekly Advertisement 503 776.92 Los Altos Garbage Company Dumoster Rental 504 200.00 Maganals Building Maintenance Janitorial Services--Distel Circle *Emergency check issued on April 1, 1991. Meeting 91-09 Page 5 XI . ADJOURNMENT The meeting was adjourned at 10:05 P.M. Maryly Dole Recording Secretary I Claims No. 91-07 Meeting 91-09 Date: Apr. 10, 1991 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description ---------------------------------- 505 39.79 Marin Supply Comaanv Sanitation Supplies 506 291.31 McCauley Tool and Supply Field Supplies 507 2,520,00 S.P. McClenahan Company Tree Removal 508 26.70 Micro Accounting Solutions Office Eauipment 509 172.78 Minton's Lumber and Supply Field Supplies 510 4.60 Mountain View Garden Center Field S�mplies 511 10,245.56 Hal Murphree and Associates, Inc. Water Tanks 512 70.62 Michael Newburn Reimbursment--Uniform Expense 513 84.63 Norney's of Mountain View Office Supplies 514 193.95 Orchard Supply Hardware Electrical Supplies 515 1,157.14 Pacific Bell Telephone Service 516 1,624.80 Pacific Gas & Electric Company Utilities 517 200.00 Park Rangers Association Fire Training of California 518 305.67 Loro Paterson Reimbursement--Conference Expenses 519 5.62 Peninsula Blueprint Maps 520 270.55 Port-O-Let Sanitation Service 521 2,000.00 Postage by Phone Postage 522 7,812.50 Prudential Bache Securities Remarketing Agreement 523 4.27 Rancho Hardware Paint 524 92.46 Redwood Trading Post First Aid Supplies 525 2,373.43 Reed & Graham, Inc. Asphalt Supplies 526 296.00 Rescue Rooter Plumbing Repairs 527 567.97 J. L. Rice Trucking Base Rock 528 154.33 Rich's Tire Service Tires 529 1,294.87 Roberts & Brune Company Plumbing Materials 530 8,900.00 Romtec, Inc. Underground Vault 531 490.19 Roy's Repair Service Vehicle Repairs 532 49,645.25 Countv of San Mateo Property Tax Administrative Costs 533 1,570.56 Santa Clara County Sheriff's Patrol Services Denartment 534 9,612.02 Seafirst Bank Note Paving Fees 535 641.88 Sears Field Eauiument 536 1,120.00 E. R. Sheehan Consulting and Machine Rental 537 151.91 Shell Oil Company Fuel 538 2,732.17 John Shelton, Inc. Culverts 539 51.73 Skyline County Water District Water Service 540 256.02 Summit Uniforms Uniform Expense 541 45.00 Sunnyvale Towing Towing 542 31.30 Sumer Cal Express Sanitation Chemicals 543 46.35 ** Suzanne's Muffins District Tour Refreshments 544 46.01 Tooland Eauirement Parts �imTb- rsement-Trainina Fees-- 546 97.78 Unocal Fuel y 547 19.21 Value Business Products Office Supplies 548 6.88 Wear Guard Uniform Expense 549 575.00 West Valley College Training Classes 550 150.00 Whole Access Consulting Services 551 330.38 Petty Cash Office and Field Supplies, Maps, Tour Expenses, Uniform Expense, Private Vehicle Expense, Seminar and Training Expenses **Emergency check issued on April 4, 1991. ........_ . Claims No. 91-07 Meeting 91-09 Date: Apr. 10, 1991 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description i 552 40.98*** Florentine Pasta Shop Meeting Expense 553 770.39*** San Mateo County Tax Collector Property Taxes 554 1 ,459.67*** San Mateo County Tax Collector Property Taxes 555 2,000.53-** Santa Cruz County Tax Collector Property Taxes I i i I I ***Emergency checks issued on April 10, 1991 RESPONSE ACTION PROPOSED BY STAFF Board President Acknowledge/Respond Director Acknowledge/Respond Staff Acknowledge/Respond Draft Response Attached Staff to be Directed to Prepare Draft Response for Board Consideration per Board Directive(s) No Response Necessary APR 1 Harry. Haeussler, Jr. - 1094 Highland Circle Los Altos, CA 94024 April 12, 1991 Board of Directors MROSD 201 San Antonia Circle Mountain View, CA 94040 About two weeks ago when I wanted to ride from Portola Road into Windy Hill I found a large oak tree had fallen and blocked the trail behind Sequoias. Later that morning I telephoned the ranger station at Skyline Ridge and told them of the problem. I later learned That the tree was cleared that same afternoon. I would like to commend your rangers for this expeditious correction of a problem on the trails. As a matter for your information, I have had most pleasant relations with your ranger staff as well as your office j staff. Telephone calls are always courteously handled, and problems rapidly handled. It is always a pleasure to deal with you staffs. _ t / Harry H. Haeussler, Jr. Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-91-49 (Meeting 91-11 April 24 , 1990) REPORT April 16, 1991 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Completion of Annexation to the District of McDonald Property Addition to La Honda Creek Open Space Preserve Recommended Action: Adopt the attached Resolution of the Midpeninsula Regional Open Space District Annexing Certain Property to the Midpeninsula Regional Open Space District (Midpeninsula Preserves 1990 - La Honda Creek) . Introduction: On November 14 , 1990 you passed a resolution initiating annexation of 760 acres of the 1 , 100 acre McDonald property addition to La Honda Creek Open Space Preserve (please see report R-90-132 dated November 2 , 1990) . Since 338 acres of the total was outside the District ' s sphere of influence, you also authorized me to accept enlargement of the sphere if the Local Agency Formation Commission (LAFCo) requested it. Discussion: Santa Clara County LAFCo referred the matter to San Mateo County LAFCo for review, and the latter approved without dissent the sphere enlargement and the annexation on December 19 , 1990. Santa Clara County LAFCo gave final approval unanimously on February 13, 1991 . In accordance with their procedures , Santa Clara County LAFCo amended the District ' s sphere of influence to include the 338 acres . The annexation has been referred back to the District as the final conducting authority for the annexation. Santa Clara County LAFCo has authorized the District to proceed without further notice and hearing. Nonetheless , the public will have an opportunity to speak on this agendized item at your meeting. 201 San Antonio Circle,Suite C-1 35 • Mountain View,California 94040 • Phone:(415)949-5500 FAX:(415)949-5679 RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ANNEXING CERTAIN PROPERTY TO THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (MIDPENINSULA PRESERVES 1990 - LA HONDA CREEK) WHEREAS, the Midpeninsula Regional Open Space District filed with the Local Agency Formation Commission, County of Santa Clara, its Resolution No. 90-59 requesting initiation of annexation procedures of District property, listed as San Mateo County Assessor' s Parcel Numbers 078-140-090; 078-260-020, 078- 280-010, -020 and -030 as shown on Exhibit "A" affixed hereto, to the Midpeninsula Regional Open Space District; and WHEREAS, at the time and in the form and manner provided by law the Local Agency Formation Commission of said County has made its determination, by its Resolution No. 91-23 , dated February 13, 1991 , that said annexation is proper and that proceedings may be conducted by the Board of said District without notice and hearing, or election, or both; and WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District nonetheless gave the public an opportunity to speak on this item which was noticed in advance in its publicly distributed agenda; and WHEREAS , all of said property is owned by the Midpeninsula Regional Open Space District , and the Board of Directors of the Midpeninsula Regional Open Space District consents to the annexation; and WHEREAS , the Board of Directors has found that it is in the best interests of both the District and the land that said annexation should occur; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Midpeninsula Regional Open Space District that the property described on Exhibits "A" and "B" attached hereto and made a part hereof is hereby annexed to and made a part of the Midpeninsula Regional Open Space District. MROSD BOUNDARY AS ESTABLISHED SAN ANIIO BY ANNEXATION, JUKE 7, 191E / RESOLUTION 76-16 WOODSIDE \ \\ I \ I Z ANNEXATION PARCEL / I N \\\I� WLY 1 \ 30 FT., -�,' N 53' 35' yr,"W \ \ POINT OF I \`\ 5 5G'41 38 W 15G.65 FT. BEGINNING 3q 13y\ T.GS. R.4W. � -,244.81 FT." MJLY, 100 FT. r WEST 5400 FT. 3 ' \` T.7S. R.4W. - OLD LA HONDA ROAD SLY, 350 FT. `\ \ cuk N 21'45'29•W 671.54 FT. 51lLY\ WEST 700 FT. S � \ r STA. 549+25 •50\FT. N v \ NORTH 650 FT. WEST 1320 FT. NORTH „1 0 lrr = 1200' LA 0 o , rs C Exhibit A \` PROPOSED ANNEXATION SPAN I SH EAST 1320 FT.w \ A� WLY 550 FT.-RANCH CREEK 0 To: Midpeninsula Regional N 15' 14'40'E Open Space District ��• . 122 Fr. T.75. R.4 1 Entitled: Midpeninsula Preserves 1. . �.; 64'03'30'E 1990 - La Honda Creek 3 2 / �F �, 171.02 FT. EAST 3655 FT. SOUTH z46.13 FT. Date: �3 OCT)DBER 90 BY M.DOUR I1K)RTII N 8I'OS'E SAN GREGORIO RANCHO 295.00 FT. 222.32 FT. S 21'45'E EAST 38n f T. LY ANNExn1.10N AREA E 211.9 ET. 180 FT_` i EXHIBIT B PROPOSED ANNEXATION TO : Midpeninsul3 Regional Open Space District Entitled : midpenin5ula Freserves 1990 - La Honda creek BEGINNING at the southwest corner of the southeast one-quarter ( 1/4) of Section 34 Township 6 south , Range 4 West , Mount Diablo Base and meridian , being property described as Parcel V acquired by Midpeninsula Regional open space District by Grant Deed , recorded May 3 , 1990 35 Document No. 90060076 in the official Records of San Mateo County , California #-, thence from said point of beginning south on the West line of the Northeast 1/4 Of section 3 of Township 7 South , Range 4 West , 2552 .50 feet to the center of said section 3 ; thence West along the North line of the Northeast one-quarter ( 1/4) of the southwest one-quarter ( 1 /4 ) of Section 3 , 132o feet; thence South along the west line of said Northeast 1/4 Of the southwest 1/4 , 1320 feet ; thence East along the south line of said Northeast 1/4 Of the Southwest 1/4 , 1320 feet to the west line of the Southeast one-quarter ( 1/4) of said section 3 ; thence South along said last mentioned west line 1320 feet more or less to the South line of said section 3 ; thence East along the South line of sections 3 and 2 , 3 ,655 feet more or less to the East boundary of the San cregorio Rancho Grant ; thence along Said East boundary south 21 * 45 ' East , 271 .9 feet to said South line of section 2 ; thence along said south line East 380 feet more or less to the intersection thereof with the westerly boundary line of La Honda Road ( 100 feet - wide) as established by that certain Deed from Ferry R . weeks to the County of San Mateo dated September 15 , 1933 and recorded October 11 , 1933 in Book 606 of official Records at page 11,6 (31341 -C) Records of San Mateo County , California ; thence Northeasterly along said westerly boundary of La Honda Road 1000 feet more or less to the southwesterly corner of the lands conveyed from Vera E . Newcomb to Carl E. Trutt , et ux , by Deed dated August 27 $ 1945 and recorded October 3 , 1945 in Book 1202 Of Official Records at page 429 (66786-F) ; thence along the westerly , Northerly and Easterly boundaries of said lands conveyed to Trutt , North 295 .60 feet , North 81 * 05 ' East 222 .32 feet , and south 246 .13 feet to the Northerly boundary of said L3 Honda Road ( 100 feet wide) ; thence Easterly along said Northerly boundary 180 feet more or less to the intersection thereof with the westerly boundary of lands described in Parcel Three of Final order of Condemnation rendered September 2 , 1959 in the superior Court of the State of California , in and for the county of San Mateo , case No . 85067 , entitled "County of San Mateo , a political subdivision of the State of California , Plaintiff VS . Rena I . Fry , et al , Defendants" . A certified copy of which was recorded September 2 , 1959 in Book 3666 of official Records at page 507 .. (File No . 83879-R) ; thence along said westerly boundary North 64* 03 , 301, East , 171 .02 feet and . North 150 141 4511 East , 122 feet more or less to the intersection thereof with the centerline of Spanish Ranch creek ; thence westerly along said centerline of Spanish Ranch creek 550 feet more or less to the intersection thereof with the centerline of weeks creek ; thence Northerly and Easterly Page 1 of along said centerline of weeks Creek 4500 feet more or less , crossing Said La Honda Road , to the intersection thereof with the Easterly boundary line of said Section 2 ; thence North along said Easterly line of Section 2 a distance of 650 feet more or less to the intersection thereof with the southerly boundary line of lands conveyed by Deed from Jack A . Class and Marion P . Glass , his wife , to Ralph stokes and Betty stokes , his wife , dated February 2 , 1951 and recorded March 5 , 1951 in Book 2032 of Official records at page 483 , Records of San Mateo county , California ; thence West along Said Southerly boundary line 700 feet more or less to the Easterly line of the old La Honda County Road ; thence along the boundary established by that certain Boundary Line Agreement by and between Curtis V. Williams and Edith C. McDonald dated February 4 , 1950 and recorded March 25 , 1980 in Book 7947 at page 1785 North 21* 45 ' 29" West 671 .54 feet , North 530 351 44" West 156 .65 feet and South 560 41 ' 38" West 244 .81 feet to a point on the Easterly boundary of the old La Honda Road , also known as Rocky Point Road , ( 6o feet wide) ; thence westerly at right angles to said Easterly line , 30 feet to the centerline of said road ; thence southwesterly along said centerline 500 feet more or less to the Easterly boundary line of said La Honda Road ( 100 feet wide) ; thence leaving said Easterly line and running Northwesterly and radially from said Easterly line , 100 feet to the Westerly line of La Honda Road ; thence Southerly along said westerly line of La Honda Road 350 feet more. or less to the intersection thereof with the southerly boundary of lands conveyed by Deed from Jack A . G1355 and Marion P . Glass , his wife , to William Glass , dated October 24 , 1947 and recorded October 29 , 1947 in Book 14211 of official Records at page 1821 (95871 -G) being at the point of intersection of the westerly line of La Honda Road with the centerline of a small gulch leading through a culvert under said road located approximately at station 549+25 of 'said road ; thence westerly down the centerline of said small gulch to the intersection thereof with the centerline of La Honda Creek ; thence Northerly up the centerline of said La Honda Creek to the intersection thereof with the dividing line between section 35 , Township 6 , South Range 4 West , M.D.B. & M. and Section 2 , Township south , Range 4 West , M.D .B . & M. ; thence leaving the said centerline of La Honda Creek , West , along the Northerly boundaries of sections 2 and 3 of Township 7 South , Range 4 West a distance of 5400 feet more or less to the point of beginning . Page 2 of 2 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-91-50 (Meeting 91-11 April 24 , 1991) REPORT April 10 , 1991 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager; D. Hansen, Land Manager; A. Cummings, Environmental Analyst; C. Bruins, Administrative Assistant SUBJECT: Proposed Addition of Deka Associates Property to Long Ridge 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 or Assistant General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Long Ridge Open Space Preserve, Lands of Deka Associates) . 2. Tentatively adopt the Preliminary Use and Management Plan recommen- dations contained in this report, including naming the property as an addition to Long Ridge Open Space Preserve . 3. Indicate your intention to dedicate the property as public open space. Introduction The Midpeninsula Regional Open Space District has the opportunity to acquire a 205-acre parcel west of Saratoga Gap on the west side of Highway 9 in Santa Cruz County. The property adjoins the Sempervirens Fund parcel (Saratoga Summit Gateway Acquisition Project) at Saratoga Gap, also being considered at the April 24 , 1991 board meeting. The two properties will make a significant addition to Long Ridge Open Space Preserve. Both are located at the upper end of Oil Creek in the Pescadero Creek watershed and are bordered by the Skyline-to-the-Sea Trail paralleling Highway 9 . There are two main access roads , both with ample parking at pullouts along Highway 9. The property needs some cleanup and restoration of eroded housing pads and roads . R-91-50 Page 2 1 . Property Identification Property owner: Deka Associates, a Partnership Size: 205 acres 2 . Location and Boundaries (see attached map) Regional setting: adjoins west side of Highway 9 approximately one and one half miles west of Saratoga Gap Road access : Highway 9; a large parking pullout approximately one mile west of Saratoga Gap on the west side of Highway 9 provides the most direct access to the knoll in the central part of the property; an access road to the southwest corner of the property is located directly across Highway 9 from the Sempervirens Point parking area one and one half miles west of Saratoga Gap Boundaries: Castle Rock State Park to the south; the proposed Sempervirens Fund addition to Long Ridge Open Space Preserve to the east; private properties to the north and west Nearby public lands : Castle Rock State Park adjacent to the south; Long Ridge Open Space Preserve adjacent to the east; Portola State Park approximately one mile northwest Nearby landmarks: Saratoga Gap one mile east; Sempervirens Point opposite the southwest corner 3 . Topography and Hydrology Prominent topographic features: a grassy ridge cuts across the central part of property, sloping steeply to the north and less steeply to the south; relatively gentle terrain in southern third of property Elevation range: 1 , 640 feet in Oil Creek canyon on northern boundary to 2, 480 feet atop the knoll in center of property Slope steepness: relatively level ridge system in central part of property; steep in northern third (approximately 50 acres with slopes greater than 50%) ; gentle terrain in southern third; Slope exposure: primarily north-facing slopes; southwest facing slopes in central part of property Watershed: two tributaries of Oil Creek on property flow into Oil Creek, Pescadero Creek, and the Pacific Ocean R-91-50 Page 3 4 . Geology and Soils Seismology: San Andreas Fault (active) approximately 1 . 5 miles to the east; southern portion of site within Butano Fault Zone (potentially active) Soil classification: Sur-Catelli Complex. Sur soils consist of stony sandy loam, while Catelli soils are sandy loam. Soil stability: 40-acre landslide area on southern part of property, very high erosion hazard on steep slopes . 5. Flora and Fauna Plant communities : mixed evergreen forest; redwood forest in lower canyons; annual grassland on knolls; small areas of coastal scrub on south-facing slopes Dominant flora: live oak, Douglas fir, madrone, tanoak, bay, redwood, some invasive Scotch broom bordering old logging roads Common fauna: Black-tailed deer, California gray squirrel , coyote, gray fox, bobcat, raccoon, brush rabbit 6 . Visual Qualities Viewshed: Oil Creek drainage Vistas : views from main ridgeline and knoll north to Long Ridge Open Space Preserve, west over Oil Creek drainage to Pacific ocean and south towards the San Lorenzo River drainage and Big Basin State Park 7 . Existing Improvements The property contains numerous unimproved roads , many of which are deeply rutted and eroded. A 200-foot deep 3 foot wide well exists on the southern part of the land. Several building sites have been cleared and leveled along the top of the knoll . One of these has a severe drainage problem; after a rain it resembles a small pond. 8 . Existing Use The property is beautiful , but degraded. It badly needs cleanup and restoration. The ridgetop, with its open meadows and outstanding views down the Pescadero Creek drainage, has been bulldozed into housing sites stripped bare of vegetation. A maze of poorly designed logging roads has eroded the steep slopes . Car parts , broken glass and shot-up beer cans glitter among the oaks , madrone, and Douglas fir. The knoll area has a history of misuse problems as well as legitimate R-91-50 Page 4 park-type uses . According to a ranger from Castle Rock State Park, large parties, illegal campfires , off-road motorcycles, discharge of firearms , and dumping of cars and trash all have occurred on the site . However, he said the property is also popular with hikers and picnickers and is known for its excellent sunset views . The Skyline- to-the-Sea Trail borders the southeast side of the property. It is located on the 200-foot wide state easement which includes Highway 9. 9. Planning Considerations Political boundaries: The property lies within unincorporated Santa Cruz County outside the Urban Service Area and Sphere of Influence of any municipality. It is outside District boundaries but within the District ' s Sphere of Influence. Zoning: The specific zoning is Timber Preserve (TPZ) , which allows a maximum residential density of one dwelling unit per 10 acres . The Santa Cruz County General Plan designates the property as Mountain Residential . This designation allows minimum parcel sizes ranging from 10 to 40 acres per dwelling unit, based on the score resulting from the Rural Residential Matrix. The property would support development of 4 to 6 dwelling units based upon a recent property evaluation. Use and Management Plan review: The next Use and Management Plan Review for Long Ridge Open Space Preserve is scheduled for the second quarter of 1995. Regional plans : The Skyline-to the-Sea Trail follows the southern border of the property parallel to Highway 9. This trail connects the property with the adjacent Sempervirens parcel and the rest of Long Ridge Open Space Preserve 10 . Potential Use and Management A few of the roads through the property could be developed as trails connecting with the Skyline-to-the-Sea Trail and Highway 9 . Others should probably be restored to a natural condition. The ridgetop areas cleared for building pads need cleanup and restoration. The extensive network of roads and the severity of the erosion indicate large equipment may be needed to restore them to natural contours . Invasive broom along roads in the southern portion of the property should be removed. It is possible that a restoration plan for the property could be developed with the help of the Santa Cruz County Soil Conservation Service. Grant money could then be sought to implement the plan. R-91-50 Page 5 11. Public Safety Review A safety inspection will be performed on the site prior to your adoption of the final Use and Management Plan. The purpose of this inspection is to identify existing and potential safety hazards . 12. Preliminary Use and Management Recommendations Signs : Install private property signs and boundary plaques where appropriate. Roads: Gate both access roads to prevent unauthorized access to the site. Public Safety: The site will remain closed until any identified safety hazards have been mitigated. Clean Up: The major areas will be cleaned of junk and debris by the owners and $5, 000 will be withheld in escrow until this work is completed. 13 . Name The property should be named as an addition to Long Ridge Open Space Preserve . 14 . Dedication The property should be dedicated as public open space. 15. Terms This property contains 205 acres , and a current density analysis indicates that the property could be subdivided into as many as 6 sites . The acquisition price as stipulated in the attached Purchase Agreement would be $985, 000 ($4 , 805 per acre average) payable in cash at close of escrow. This amount is in accordance with the appraised value of the property. As mentioned earlier in this report, $5, 000 will be withheld in escrow to assure that the junk and debris on the property is removed by the owner. The District has $385, 000 remaining in Proposition 70 funds for acquisition of lands between District Skyline Preserves and Castle Rock and Portola State Parks . This acquisition will complete expenditures of all of the District ' s project-specific funds . Also, as considered later in this agenda, if the District is able to secure a grant to purchase the Sempervirens Fund Saratoga Gap parcel , all of those funds will be contributed back to the District for this project by Sempervirens Fund. R-91-50 Page 6 16 . Funding The full explanation of this funding summary is contained in report R-89-103 dated July 3 , 1989 . The District' s 1990-1991 fiscal year budget includes $14. 5 million for new open space acquisitions, $10 . 0 million in cash outlay and $4. 5 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) $10 , 000, 000 Previously approved acquisitions (escrows closed) 160, 000 Previously approved acquisitions (escrows not closed) 107 , 000 The Deka Associates property acquisition recommended for approval on this agenda 985, 000 Remaining cash balance for future acquisitions this fiscal year $ 8 , 748 , 000 An accounting of the expenditure of the District projects under proposition 70 is as follows : 1) The net amount of $8 , 865, 000 in specified projects has been spent as follows : Teague Hill $6, 402, 500 Sierra Azul 2 , 462, 500 Total $8 , 865, 000 2) The net amount of $968 , 000 in per capita funds for expansion of District preserves has been spent as follows : Sierra Azul $ 225, 373 Russian Ridge 742, 627 Total 968,000 R-91-50 Page 7 3) An accounting of the expenditures of the net amount of $985, 000 for the specified project of connections between District preserves and Castle Rock and Portola State Parks is as follows : Long Ridge $ 600, 000 The Deka Associates acquisition recommended for approval on this agenda 385, 000 Total $ 985_,_.400 4) The net amount of $131, 964 for the Roberti-Z 'berg-Harris Urban Open Space and Recreation Grant program for fiscal year 1989-1990 remains unspent but will probably be allocated to the Cathedral Oaks purchase. 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 OR ASSISTANT GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF DEKA ASSOCIATES) 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 Deka Associates , a Partnership, 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 or the Assistant General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager or Assistant General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $5, 000 to cover the cost of title insurance, escrow fees, 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 $985, 000 from the proceeds of the next long term District note issue. 11%., TgwA '' , `•;��• :�./�.� f1�; ,r�'""''. l tANT7�l;C�A Cd:; PROPOSED ADDITION TO Yi<SNG-R1176"E1/��i� UP�01' �SAvE �, 3 ,bPEnrs�d�>� R � LONG RIDGE OPEN SPACE PRESERVE t _�. ! Chi kk,,"DARK;. . Jai ' ,..`\ ;� 1` �J 'k�x/ 1 1) x I M.R.O.S.D Midpeninsula Regui ial �� Open Space District Yll I,t��1 , J � ------Old Road Alignment North --- Regional Tails /l�lr1�, J •j'� i l • J �j Scale 1 Inch = 2,000 Fe0 60 f�w s�- \�!*�'f ji pt{ '' _ � 1 .•s0o�, �+ �r, �t , �_ '` I •��,I o. / ,_i �' � 1 `�i06 OAKS, M.R.A.S: 1 ? z e �r M!alo;S.d'6��' ' / SARATOGA ,etP6R4 �1ft '�OO '� ATE _ c� \ �i` 1 �Siii ;i '1,pPEN SPACE P&SERVE� 'v IM.R.O.S.D. aKi �.,�t.r .J Lim 7i.:i _ Ran tat 'aratoga 'water, ,eo \8/11tATOGA To S aP n� r rotopl.. PRIVATE LA .� I �( r \: OAP ji1!` .. A/ SEMP�R1�1Fil:N9� �, /` t �� tiM ^n:1d } i fj y\ ``PROP.OSiD� PARCEL' IJ 7 —M.R.O.S.D:;; i -..—s- .ACOUISITIO� /—Fib ti�'c i < i r z R (f I ` PRIVATE LANDS' j �J � �M+ 1P 1 (-W _000 tax \�l II SANTA CLARA OUNTY � �?� ( SANBOAW,11k CASTLE ROCK,STATE-PARK l% y \( , l;tl •��j� < PARK„ �' ,.`1 '� _ � (\\ ��i t( .�`•1 � � l ' �( .I i y: � • � \1\` `����1 i 'V� �`��. �, 1 I1�,ST I , lt��.. � 1 \ f +� {.,•t' ' ,", , ���'y , PURCHASE AGREEMENT This Agreement is made and entered into by and between DEKA ASSOCIATES , a Partnership, 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 , herein- after 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 Cruz , and being more particularly described within the body or this Agreement; and WHEREAS , Seller entered into that certain "Exclusive Agency Authorization and Right to Sell" agreement with Dean McClead Real Estate Sales and Matty Sanfilippo Real Estate on I-larch 23 , 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, 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 : i . 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 Cruz , State of California, containing approximately Two Hundred Six and Three Tenths (206 . 3) acres , more or less , and commonly referred to as Santa Cruz County Assessor ' s Parcel No . 88-051-36 ; said property being further described in the legal description attached to Preliminary Title Report Number 605311 , dated March 9 , 1990 , from Redding Title Company; said 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 Nine Hundred Eighty-five Thousand and No/100 Dollars Purchase Agreement - Deka Associates Page 2 ( $985, 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 accord- ance with Section 11 herein, an escrow shall be opened at Redding Title Company, 201 River Street , Santa Cruz , CA 95060 , phone number (408 ) 426- 9090 , or other title company acceptable to District (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 May 31 , 1991 , 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 Cruz 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. (ii) District ' s check payable to Escrow Holder in the amount of Nine Hundred Eighty-five Thousand and No/100 Dollars ($985, 000 . 00) . (e) District 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 Cruz County. All current property Purchase Agreement - Deka Associates Page 3 taxes on the Property shall be handled in accordance with Section A-986 of the Revenue and Taxation Code of the State of California . (f) Seller shall cause Redding Title Company, or other title company acceptable to District and Seller, to be prepared and committed to deliver to District a CLTXI% standard coverage Policy of Title insurance, dated as of the Closing, insuring District in the amount of $985 , 000 . 00 for the Property showing title to the Property vested in fee simple in District, subject only to: (i) current real property taxes , (ii) excentions 1 through 3 as listed in said Preliminary Title Report (Exhibit A) , 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 excep- tions 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 Cruz County. Upon the Closing, Escrow Holder shall cause to be delivered to District the original of the Policy of the title insurance if required herein, and to Seller Escrow Holder ' s check for the full purchase price of the Subject Property (less Seller ' s portion of the expenses described in Section 3 (e) ) , and to District or Seller , as the case may be, all other documents or instruments which are to be delivered to them. in the event the escrow terminates as provided herein, Escrow Holder shall return all monies , documents or other things of value deposited in the escrow to the party depositing the same. 4 . Rights and Liabilities of the Parties in the Event of Termination. in the event this Agreement is terminated and escrow is cancelled for any reason, all parties shall be excused from any further obligations hereunder, except as otherwise provided herein. Upon any such termination of escrow, all parties hereto shall be jointly and severally liable to Escrow Holder for payment of its title and escrow cancellation charges (subject to rights of subrogation against any party whose fault may have caused such termination of escrow) , and each party expressly reserves any other rights and remedies which it may have against any other party by reason of a wrongful 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 Purchase Agreement - Deka Associates 'rage 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 seq. Seller understands and agrees that the provisions of this paragraph shall survive the close of escrow and recordation of any Grant Deed (s) . 6 . Seller ' s K2 reSentatlOnG and warranties . For the purpose of consummating the sale and purchase of the Property in accordance herewith, Seiler 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 Agreement This Agreement and all other documents delivered by Seller to District now or at the Closing have been or will be duly authorized and executed and delivered by Seller and are legal , valid and binding obligations of Seller sufficient to convey to District the Subject Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which Seiler is a party or by which Seller may be bound or any articles , bylaws or corporate resolutions of Seiler. 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 . 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. It is agreed by the parties that in the event of a breach of this provision by Seiler the amount of damage sustained by District would be impracticable or extremely difficult to ascertain, and in such event Seller shall pay to District as liquidated damages the sum of $5, 000 . 00 , Purchase Agreement - Deka Associates Page per incident , which amount shall be withheld from escrow by District . E . Hazardous Substances . "Hazardous substance" as used herein means and includes polychlorinated biphenyls (PCBs) , 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 sub- stance 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) Within 10 days after the approval of this Agreement by District ' s Board of Directors in accordance with Section 11 herein, but prior to Closing, Seller shall remove or cause to be removed all contain- erized hazardous substances from the Property and conduct a cleanup of all other hazardous substances in a manner provided by law. Should Seller fail to do so, District may withhold $5 , 000 . 00 from escrow with which to complete such removal and/or cleanup, after which the balance of the withheld amount , if any, shall be paid by District to Seller . (c) 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 . Removal of Personal Property and Debris . it is understood and agreed that located on the Property being acquired by District are many items of : garbage , debris , trash and junk located in the southern corner and on the central ridge of the property. it is agreed that Seller shall remove any and all of these items from the Property on or before sixty (60) days following the Closing, and leave the property in a neat and clean condition. it is further agreed that from the amount payable under Section 2 of this Agreement, Escrow Holder is authorized to withhold the sum Of $5, 000 - 00 to cover District ' s cost of removing said items in the event Seller fails to perform or to leave the premises in a clean and respectable condition. Escrow Holder shall release said $5, 000 . 00 to Seller at any time Seller completes the clean-up and removal to District ' s satisfaction, which satisfaction shall be expressed in writing. if Seller does not complete such clean-up and removal , District shall give Seller written notice of any deficiency (to be corrected within ten (10) days) . If Seller does not complete the removals and clean-up within the said ten Purchase Agreement - Deka Associates Page (10) days , District shall have the same completed and deduct such expenses from the $5, 000 . 00 so withheld. The remaining balance , if any, shall be released by Escrow Holder to Seller upon written notice from District. io . 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 Waive-- . 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 perfor- mance 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. 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 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 or cable or sent by registered or certified mail , return receipt requested, with postage thereon fully prepaid. All such communications Purchase Agreement - Deka Associates Page shall be addressed as follows : Seller: Deka Associates , a Partnership c/o Dean McClead Real Estate Sales P .O. Box 1405 Los Gatos , CA 95031 (408) 741-1661 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 Palo Alto, CA 94306 (415) 324-13E6 FAX (415) 327-9151 if sent by telegraph, telefax communication, or cable , a conformed copy of such telegraphic or 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. 10 . 06 S-everability. 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 Purchase Agreement - Deka Associates Page 8 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 Aqreement . 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 , conversa- tions , negotiations , agreements or understandings relating to the same subject matter. 10 . 10 Time of E-ssence . 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 parties hereto and their respective heirs , successors and permitted assigns . 10 . 12 Assignment . Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obligations under this Agreement to any third party without the prior written approval of the other party. 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. As a part of the amount payable under Section 2 hereinabove , District shall pay a real estate agent ' s commission in the amount of $98 , 500 . 00 (10% of the Purchase Price) , as follows : $49 , 250 . 00 to Dean McClead Real Estate Sales and $49 , 250 . 00 to Matty Sanfilippo Real Estate. No other such commission is due or payable by District and the parties agree to and do hereby indemnify and hold the Purchase Agreement Deka Associates Page other party 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 Pro-noun-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 . !l - &P-q.�qp_t_ance. Provided that this Agreement is signed by Seller and returned to District on or before February 22 , 1991 , District shall have until midnight April 24 , 1991 to accept and execute this Agreement and during said period this instrument shall constitute an irrevocable offer by Seller to sell and convey the Property to District for the consideration and under the terms and conditions herein set forth. As consideration for the tender of said offer , District has paid and Seller acknowledges receipt of the sum of Ten Dollars ($10 . 00) . Provided that this Agreement is accepted by District, this transaction shall close as soon as practicable in accordance with the terms and conditions set forth herein. Purchase Agreement - Deka Associates Page 1 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 . MIDPEIVINSVLA REGIONAL OPEN SPACE SELLER: DEKA ASSOCIATES , DISTRICT a Partnership l APPROVED AS TO FORM: By: Wi 11a R. rana, Partner Date ' af/ Stanley Nor' n, 'Distric Counsel --------- i ACCEc TED\ "OR RECOMMENDATIODi: By: e S`an ilippo, Part er L. Cr ig Britton, SR/WA Land Acquisition Manager APPROVED AND ACCEPTED: President, Board of Directors ATTEST: District Clerk Date : PRELIMINARY REPORT REDDING TITLE COMPANY [X] 201 RIVER STREET, SANTA CRUZ, CA. 95060 (408) 426-9090 [ ] 223 RIVER STREET #C, SANTA CRUZ, CA. 95060 (408) 426-9911 [ ] 830 BAY AVENUE, #C , CAPITOLA, CA. 95010 (408) 476-5000 [ ] 2121 41st AVENUE, #208-A, CAPITOLA, CA. 95010 (408) 479-9229 [ J 4340 SCOTTS VALLEY DR. #A , SCOTTS VALLEY, CA. 95066 (408)438-4200 [ ] 9055 SOQUEL DRIVE , APTOS, CA. 95003 (408) 688-9566 [ ] 1820 MAIN STREET, WATSONVILLE, CA 95076 (408) 724-8804 / 688-1448 March 14, 1990 IMPORTANT THOMAS P. KISLING WHEN REPLYING REFER TO OUR NO. : 605311 : PROPERTY: UNIMPROVED YOUR N0. In response to the above referenced application for a Policy of Title Insurance, REDDING TITLE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms. The printed Exceptions and Exclusions from coverage of said Policy or Policies are set forth on the attached cover. Copies of the Policy forms should be read. They are available from theoffice which issued this Report. This Report (and any supplements or amendments.thereto) is issued solely for the facilitating the issuance of� a Policy of Title Insurance and no liabilit is assumed hereb . If it is desired that liability be assumed y Purpose of Commitment should be requestedprior to the issuance of a Policy of Title Insurance, a Binder or Dated as of MARCH 9, 1990 at 7:30 HOMAS J. HORN T' Officer The form of Policy of Title Insurance contemplated by this Report is: CLTA Standard Coverage Policy Form - 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 at the date hereof is vested in: DEKA ASSOCIATES, A PARTNERSHIP At the date hereof exceptions to coverage in addition to the printed contained in said Policy form would be as follows: See Exceptions Page cOneons and Exclusions CLTA PRELIMINARY REPORT (Rev. 5-86 Form #51) EXHIBIT Pale�of EXCEPTIONS ESCROW NO. 605311 1. GENERAL AND SPECIAL COUNTY (AND CITY) TAXES, A LIEN NOT YET DUE OR PAYABLE, FOR THE FISCAL YEAR 1990-1991 PARCEL NO. 088-051-36 2 . 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. 3 • AN EASEMENT AFFECTING THE PORTION OF SAID PROPERTY AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES, AS GRANTED IN THE DEED FROM WILLIAM S. BOWNE TO THOMAS B. HUBBARD, ET AL FOR A WAGON ROAD RECORDED OCTOBER 18, 1888, IN BOOK 56 OF DEEDS, PAGE 403 , SANTA CRUZ COUNTY RECORDS AFFECTS THE ROUTE OF SAID EASEMENT IS NOT DESCRIBED THEREIN NO ASSURANCE IS MADE HEREUNDER AS TO THE PRESENT 'OWNERSHIP OF SAID EASEMENT 4 . A DEED OF TRUST TO SECURE THE INDEBTEDNESS OF THE AMOUNT STATED HEREIN DATED DECEMBER 17, 1971 AMOUNT $35, 000. 00 TRUSTER MARIE SANFILIPPO, A MARRIED WOMAN TRUSTEE FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY DEKA ASSOCIATES, A PARTNERSHIP RECORDED DECEMBER 20, 1971, IN BOOK 2156, PAGE 274, OFFICIAL RECORDS OF SANTA CRUZ COUNTY INSTRUMENT NO. 46822 MAILED TO DEKA ASSOCIATES ADDRESS 375 S. MARKET ST. LOAN NO. SAN JOSE, CALIFORNIA AFFECTS NON• E SHOWN A PORTION OF THE HEREIN DESCRIBED PROPERTY THERE APPEARS TO BE A MERGER OF THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST AND THE FEE ESTATE, HOWEVER, A RECONVEYANCE WILL BE REQUIRED TO ELIMINATE THIS DEED OF TRUST OF RECORD. CONTINUED PAGE - 1 EXHIBIT —A . . Page 0 J'ofj�E EXCEPTIONS ESCROW NO. 605311 5. A DEED OF TRUST TO SECURE THE INDEBTEDNESS OF THE AMOUNT STATED HEREIN DATED DECEMBER 17, 1971 AMOUNT $35, 000. 00 TRUSTOR JACKIE ORLANDO, A MARRIED WOMAN TRUSTEE FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY DEKA ASSOCIATES, A PARTNERSHIP RECORDED DECEMBER 20, 1971, IN BOOK 2156, PAGE 276, OFFICIAL RECORDS OF SANTA CRUZ COUNTY INSTRUMENT NO. 46824 MAILED TO DEKA ASSOCIATES ADDRESS 375 S. MARKET ST.F SAN JOSE, CALIFORNIA LOAN NO. NONE SHOWN AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY THERE APPEARS TO BE A MERGER OF THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST AND THE FEE ESTATE, HOWEVER, A RECONVEYANCE WILL BE REQUIRED TO ELIMINATE THIS DEED OF TRUST OF RECORD. 6. A DEED OF TRUST TO SECURE THE INDEBTEDNESS OF THE AMOUNT STATED HEREIN DATED DECEMBER 17, 1971 AMOUNT • 3 5 TRUSTOR $ � 00 0. 00 NORMA BRAND, A MARRIED WOMAN TRUSTEE FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY DEKA ASSOCIATES, A PARTNERSHIP RECORDED DECEMBER 20, 19T1, IN BOOK 2156, PAGE 278, OFFICIAL RECORDS OF SANTA CRUZ COUNTY INSTRUMENT NO. 46826 MAILED TO DEKA ASSOCIATES ADDRESS 375 S. MARKET ST. SAN JOSE, CALIFORNIA LOAN NO. NONE SHOWN AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY THERE APPEARS TO BE A MERGER OF THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST AND THE FEE ESTATE, HOWEVER, A RECONVEYANCE WILL BE REQUIRED TO ELIMINATE THIS DEED OF TRUST OF RECORD. 7. A DEED OF TRUST TO SECURE THE INDEBTEDNESS OF THE AMOUNT STATED HEREIN DATED DECEMBER 17, 1971 AMOUNT $35, 000. 00 TRUSTOR MARGO LEGUILLON, A MARRIED WOMAN TRUSTEE FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY DEKA ASSOCIATES, A PARTNERSHIP CONTINUED PAGE - 2 EXHIBITA.. Page I ©f��i� EXCEPTIONS ESCROW NO. 605311 7 - CONTINUED RECORDED DECEMBER 20, 1971, IN BOOK 2156, PAGE 280, OFFICIAL RECORDS OF SANTA CRUZ COUNTY INSTRUMENT NO. 46828 MAILED TO . DEKA ASSOCIATES ADDRESS 375 S. MARKET ST. SAN JOSE, CALIFORNIA LOAN NO. NONE SHOWN AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY THERE APPEARS TO BE A MERGER OF THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST AND THE FEE ESTATE, HOWEVER, A RECONVEYANCE WILL BE REQUIRED TO ELIMINATE THIS DEED OF TRUST OF RECORD. 8 . A DEED OF TRUST TO SECURE THE INDEBTEDNESS OF THE AMOUNT STATED HEREIN DATED DECEMBER 17, 1971 AMOUNT $30, 000. 00 TRUSTOR JACKIE ORLANDO, A MARRIED WOMAN TRUSTEE FIRST F AMER• ICAN TITLE INSURANCE COMP ANY, A CALIFORNIA CORPOR ATION N BENEFICIARY DE KA ASSOC IATES, ATE S RECORDED A PARTNERSHIP DECEMBER 20 1971, IN BOOK 2156 PAGE 2 OF � 84 , OFFICIAL RE CORDS OF SANTA CRUZ COUNTY INSTRUMENT NO. 46831 MAILED TO DEKA ASSOCIATES ADDRESS 375 S. MARKET ST. SAN JOSE, CALIFORNIA LOAN NO. NONE SHOWN AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY THERE APPEARS TO BE A MERGER OF THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST AND THE FEE ESTATE, HOWEVER, A RECONVEYANCE WILL BE REQUIRED TO ELIMINATE THIS DEED OF TRUST OF RECORD. 9. A DEED OF TRUST TO SECURE THE INDEBTEDNESS OF THE AMOUNT STATED HEREIN DATED DECEMBER 17, 1971 AMOUNT $35, 000. 00 TRUSTOR GLORIA BASUINI, A MARRIED WOMAN TRUSTEE FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY DEKA ASSOCIATES, A PARTNERSHIP RECORDED DECEMBER 20, 1971, IN BOOK 2156, PAGE 286, OFFICIAL RECORDS OF SANTA CRUZ COUNTY INSTRUMENT NO. 4683 MAILED TO DEKA ASSOCIATES ADDRESS . 375 SO. MARKET ST. SAN JOSE, CALIFORNIA LOAN NO. NONE SHOWN AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY CONTINUED PAGE - 3 EXHiSIT -A age of EXCEPTIONS ESCROW NO. 605311 12 . A DEED OF TRUST TO SECURE THE INDEBTEDNESS OF THE AMOUNT STATED HEREIN DATED DECEMBER 17, 1971 AMOUNT $35, 000. 00 TRUSTOR NORMA BRAND, A MARRIED WOMAN TRUSTEE FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY DEKA ASSOCIATES, A PARTNERSHIP RECORDED DECEMBER 20, 1971, IN BOOK 2156, PAGE 294, OFFICIAL RECORDS OF SANTA CRUZ COUNTY INSTRUMENT NO. 46840 MAILED TO DEKA ASSOCIATES ADDRESS 375 S. MARKET ST. SAN JOSE, CALIFORNIA LOAN NO. NONE SHOWN AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY THERE APPEARS TO BE A MERGER OF THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST AND THE FEE ESTATE, HOWEVER, A RECONVEYANCE WILL BE REQUIRED TO ELIMINATE THIS DEED OF TRUST OF RECORD. 13 . A DEED OF TRUST TO SECURE THE INDEBTEDNESS OF THE AMOUNT STATED HEREIN DATED DECEMBER 17, 1971 AMOUNT $35, 000. 00 TRUSTOR PHYLLIS MAGGIO, A MARRIED WOMAN TRUSTEE FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY DEKA ASSOCIATES, A PARTNE RSHIP HI P RECORDED DECEMBER 20, 1971, IN BOOK 2156 PAGE 296, OFFI CIAL RECORDS OF SANTA CRUZ COUNTY INSTRUMENT NO. 46842 MAILED TO DEKA ASSOCIATES ADDRESS 375 SO. MARKET ST. SAN JOSE, CALIFORNIA LOAN NO. NONE SHOWN AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY THERE APPEARS TO BE A MERGER OF THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST AND THE FEE ESTATE, HOWEVER, A RECONVEYANCE WILL BE REQUIRED TO ELIMINATE THIS DEED OF TRUST OF RECORD. 14 . A DEED OF TRUST TO SECURE THE INDEBTEDNESS OF THE AMOUNT STATED HEREIN DATED DECEMBER 17, 1971 AMOUNT $25, 000. 00 TRUSTOR GLORIA BASUINI, A MARRIED WOMAN TRUSTEE FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY DEKA ASSOCIATES, A PARTNERSHIP CONTINUED PAGE - 5 EXHIBIT Page,,,, of EXCEPTIONS ESCROW NO. 605311 9 - CONTINUED THERE APPEARS TO BE A MERGER OF THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST AND THE FEE ESTATE, HOWEVER, A RECONVEYANCE WILL BE REQUIRED TO ELIMINATE THIS DEED OF TRUST OF RECORD. 10. A DEED OF TRUST TO SECURE THE INDEBTEDNESS OF THE AMOUNT STATED HEREIN DATED DECEMBER 17, 1971 AMOUNT $30, 000. 00 TRUSTOR MARIAN SANFILIPPO, A MARRIED WOMAN TRUSTEE FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY DEKA ASSOCIATES, A PARTNERSHIP RECORDED DECEMBER 20, 1971, IN BOOK 2156, PAGE 288, OFFICIAL RECORDS OF SANTA CRUZ COUNTY INSTRUMENT NO. 46835 MAILED TO DEKA ASSOCIATES ADDRESS 375 SO. MARKET ST. SAN JOSE, CALIFORNIA LOAN NO. NONE SHOWN AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY THERE APPEARS TO BE A MERGER OF THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST AND THE FEE ESTATE, HOWEVER, A RECONVEYANCE WILL BE REQUIRED TO ELIMINATE THIS DEED OF TRUST OF RECORD. 11. A DEED OF TRUST TO SECURE THE INDEBTEDNESS OF THE AMOUNT STATED HEREIN DATED DECEMBER 17, 1971 AMOUNT $30, 000. 00 TRUSTOR PHYLLIS MAGGIO, A MARRIED WOMAN TRUSTEE FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY DEKA ASSOCIATES, A PARTNERSHIP RECORDED DECEMBER 20, 1971, IN BOOK 2156, PAGE 290, OFFICIAL RECORDS OF SANTA CRUZ COUNTY INSTRUMENT NO. 46837 MAILED TO DEKA ASSOCIATES ADDRESS 375 SO. MARKET ST. SAN JOSE, CALIFORNIA LOAN NO. NONE SHOWN AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY THERE APPEARS TO BE A MERGER OF THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST AND THE FEE ESTATE, HOWEVER, A RECONVEYANCE WILL BE REQUIRED TO ELIMINATE THIS DEED OF TRUST OF RECORD. CONTINUED PAGE - 4 A Page C EXCEPTIONS ESCROW NO. 605311 14 - CONTINUED RECORDED DECEMBER 20, 1971, IN BOOK 2156, PAGE 298 , OFFICIAL RECORDS OF SANTA CRUZ COUNTY INSTRUMENT NO. 46844 MAILED TO DEKA ASSOCIATES ADDRESS 375 SO. MARKET ST. SAN JOSE, CALIFORNIA LOAN NO. NONE SHOWN AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY THERE APPEARS TO BE A MERGER OF THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST AND THE FEE ESTATE, HOWEVER, A RECONVEYANCE WILL BE REQUIRED TO ELIMINATE THIS DEED OF TRUST OF RECORD. 15. A DEED OF TRUST TO SECURE THE INDEBTEDNESS OF THE AMOUNT STATED HEREIN DATED DECEMBER 17, 1971 AMOUNT $35, 000. 00 TRUSTOR MARIAN SANFILIPPO, A MARRIED WOMAN TRUSTEE FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY DEKA ASSOCIATES, A PARTNERSHIP RECORDED DECEMBER 20, 1971, IN BOOK 2156, PAGE 300, OFFICIAL RECORDS OF SANTA CRUZ COUNTY INSTRUMENT NO. 46846 MAILED TO DEKA ASSOCIATES ADDRESS 375 SO. MARKET ST. SAN JOSE, CALIFORNIA LOAN NO. NONE SHOWN AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY THERE APPEARS TO BE A MERGER OF THE BENEFICIAL IN DEED OF TRUST AND THE FEE ESTATE, INTEREST UNDER SAID HOWEVER A RE CO NVE YANC REQUIRED TO ELIMINATE THIS DEED OF TRUST OF RECORD. E WILL DE 16. A DEED OF TRUST TO SECURE THE INDEBTEDNESS OF THE AMOUNT STATED HEREIN DATED DECEMBER 17, 1971 AMOUNT $22, 000. 00 TRUSTOR NORMA BRAND, A MARRIED WOMAN TRUSTEE FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY DEKA ASSOCIATES, A PARTNERSHIP RECORDED DECEMBER 20, 1971, IN BOOK 2156, PAGE 304, OFFICIAL RECORDS OF SANTA CRUZ COUNTY INSTRUMENT NO. 46849 MAILED TO DEKA ASSOCIATES ADDRESS 375 SO. MARKET ST. SAN JOSE, CALIFORNIA LOAN NO. NONE SHOWN. AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY CONTINUED PAGE - 6 EXHIBIT Page_4—of EXCEPTIONS ESCROW NO. 605311 16 - CONTINUED THERE APPEARS TO BE A MERGER OF THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST AND THE FEE ESTATE, HOWEVER, A RECONVEYANCE WILL BE REQUIRED TO ELIMINATE THIS DEED OF TRUST OF RECORD. 17 . A DEED OF TRUST TO SECURE THE INDEBTEDNESS OF THE AMOUNT STATED HEREIN DATED DECEMBER 17, 1971 AMOUNT $45, 000. 00 TRUSTOR PHYLLIS MAGGIO, A MARRIED WOMAN TRUSTEE FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY DEKA ASSOCIATES, A PARTNERSHIP RECORDED DECEMBER 20, 1971, IN BOOK 2156, PAGE 310, OFFICIAL RECORDS OF SANTA CRUZ COUNTY INSTRUMENT NO. 46855 MAILED TO DEKA ASSOCIATES ADDRESS 375 SO. MARKET ST. SAN JOSE, CALIFORNIA LOAN NO. NONE SHOWN AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY THERE APPEARS TO BE A MERGER OF THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST AND THE FEE ESTATE, HOWEVER, A RECONVEYANCE WILL BE REQUIRED TO ELIMINATE THIS DEED OF TRUST OF RECORD. NOTES A. NO TRANSFER OR AGREEMENTS TO TRANSFER THE PROPERTY DESCRIBED HEREIN APPEAR OF RECORD WITHIN TWENTY-FOUR MONTHS OF THE DATE OF THIS REPORT. TITLE OF THE VESTEE HEREIN WAS ACQUIRED BY INSTRUMENT QUITCLAIM DEED FROM NORMA BRAND A TO ; , MARRIED WOMAN DEKA ASSOCIATES, A PARTNERSHIP RECORDED MAY 6, 1974, IN BOOK 2407, PAGE 583, OFFICIAL RECORDS OF SANTA CRUZ COUNTY INSTRUMENT NO. 16280 AND BY INSTRUMENT QUITCLAIM DEED FROM NORMA BRAND, A MARRIED WOMAN TO DEKA ASSOCIATES, A PARTNERSHIP RECORDED MAY 6, 1974, IN BOOK 2407, PAGE 582 , OFFICIAL RECORDS OF SANTA CRUZ COUNTY INSTRUMENT NO. 16279 CONTINUED PAGE - 7 EXHIBIT—A Page'fLoij m EXCEPTIONS ESCROW NO. 605311 NOTES - A CONTINUED AND BY INSTRUMENT QUITCLAIM DEED FROM NORMA BRAND, A MAE2RIED WOMAN TO DEKA ASSOCIATES, A PARTNERSHIP RECORDED MAY 6, 1974, IN BOOK 2407, PAGE 581, OFFICIAL RECORDS OF SANTA CRUZ COUNTY INSTRUMENT NO. 162778 AND BY INSTRUMENT QUITCLAIM DEED FROM MARIAN SANFILIPPO, A MARRIED WOMAN TO DEKA ASSOCIATES, A PARTNERSHIP RECORDED MARCH 11, 1974 , IN BOOK 2390, PAGE 510, OFFICIAL RECORDS OF SANTA CRUZ COUNTY INSTRUMENT NO. 08271 I AND BY INSTRUMENT QUITCLAIM DEED FROM MARIAN SANFILIPPO, A MARRIED WOMAN TO DEKA ASSOCIATES, A PARTNERSHIP RECORDED MARCH 11, 1974, IN BOOK 2390, PAGE 509, OFFICIAL RECORDS OF SANTA CRUZ COUNTY INSTRUMENT NO. 08270 AND BY INSTRUMENT QUITCLAIM DEED FROM MARGO LEGUILLON, A MARRIED WOMAN TO DEKA ASSOCIATES, . A PARTNERSHIP RECORDED MARCH 11, 1974, IN BOOK 2390, PAGE 508, OFFICIAL RECORDS OF SANTA CRUZ COUNTY INSTRUMENT NO. 08269 AND BY INSTRUMENT QUITCLAIM DEED FROM MARGO LEGUILLON, A MARRIED WOMAN TO DEKA ASSOCIATES, A PARTNERSHIP RECORDED MARCH 11, 1974, IN BOOK 2390, PAGE 507, OFFICIAL RECORDS OF SANTA CRUZ COUNTY INSTRUMENT NO. 08268 AND BY INSTRUMENT QUITCLAIM DEED FROM MARIE SANFILIPPO, A MARRIED WOMAN TO DEKA ASSOCIATES, A PARTNERSHIP RECORDED MARCH 11, 1974 , IN BOOK 2390, PAGE 506, OFFICIAL RECORDS OF SANTA CRUZ COUNTY INSTRUMENT NO. 08267 CONTINUED PAGE - 8 EXHIBIT_ Page Cif o� EXCEPTIONS ESCROW NO. 605311 NOTES - A CONTINUED AND BY INSTRUMENT QUITCLAIM DEED FROM . MARIE SANFILIPPO, A MARRIED WOMAN TO DEKA ASSOCIATES, A PARTNERSHIP RECORDED MARCH 11, 1974, IN BOOK 2390, PAGE 5051 OFFICIAL RECORDS OF SANTA CRUZ COUNTY INSTRUMENT NO. 08266 AND BY INSTRUMENT QUITCLAIM DEED FROM GLORIA BASUINI, A MARRIED WOMAN TO DEKA ASSOCIATES, A PARTNERSHIP RECORDED MARCH 11, 1974, IN BOOK 2390, PAGE 504, OFFICIAL RECORDS OF SANTA CRUZ COUNTY INSTRUMENT NO. 08265 AND BY INSTRUMENT QUITCLAIM DEED FROM GLORIA BASUINI, A MARRIED WOMAN TO DEKA ASSOCIATES, A PARTNERSHIP RECORDED MARCH 11, 1974, IN BOOK 2390, PAGE 5031 OFFICIAL RECORDS OF SANTA CRUZ COUNTY INSTRUMENT NO. 08264 AND BY INSTRUMENT QUITCLAIM DEED FROM JACKIE ORLANDO, A MARRIED WOMAN TO DEKA ASSOCIATES, A PARTNERSHIP RECORDED MARCH 11, 1974, IN BOOK 2390, PAGE 5021 OFFICIAL RECORDS OF SANTA CRUZ COUNTY INSTRUMENT NO. 08263 AND BY INSTRUMENT QUITCLAIM DEED FROM JACKIE ORLANDO, A MARRIED WOMAN TO DEKA ASSOCIATES,A PARTNERSHIP RECORDED MARCH 11, 1974, IN BOOK 2390, PAGE 501, OFFICIAL RECORDS OF SANTA CRUZ COUNTY INSTRUMENT NO. 08262 AND BY INSTRUMENT . QUITCLAIM DEED FROM PHYLLIS MAGGIO, A MARRIED WOMAN TO DEKA ASSOCIATES, A PARTNERSHIP RECORDED MARCH 11, 1974 , IN BOOK 2390, PAGE 500, OFFICIAL RECORDS OF SANTA CRUZ COUNTY INSTRUMENT NO. 08261 CONTINUED PAGE - 9 EXHIBIT Page Wof4 EXCEPTIONS ESCROW NO. 605311 NOTES - A CONTINUED AND BY INSTRUMENT . QUITCLAIM DEED FROM PHYLLIS MAGGIO, A MARRIED WOMAN TO DEKA ASSOCIATES, A PARTNERSHIP RECORDED MARCH 11, 1974 , IN BOOK 2390, PAGE 499, OFFICIAL RECORDS OF SANTA CRUZ COUNTY INSTRUMENT NO. 08260 I AND BY INSTRUMENT QUITCLAIM DEED FROM PHYLLIS MAGGIO, A MARRIED WOMAN TO DEKA ASSOCIATES, A PARTNERSHIP RECORDED MARCH 11, 1974, IN BOOK 2390, PAGE 498, OFFICIAL RECORDS OF SANTA CRUZ COUNTY INSTRUMENT NO. 08259 B. LAST INSURED DATE OVER 5 YEARS C. THIS IS A TITLE ONLY ORDER, AND AS SUCH THIS OFFICE WILL NOT BE PERFORMING ANY ESCROW FUNCTIONS. FOR QUESTIONS PERTAINING TO YOUR ESCROW PLEASE CONTACT THOMAS P. KISLING ADDRESS TELEPHONE NO. ATTENTION REFERENCE . D. THE FOLLOWING IS SHOWN FOR TAX PRORATION PURPOSES ONLY. THE INSTALLMENTS SHOWN HEREUNDER ARE PAID IN FULL UNLESS OTHERWISE SHOWN IN THIS REPORT AS A NUMBERED EXCEPTION. GENERAL AND SPECIAL COUNTY (AND CITY) TAXES, INCLUDING PERSONAL PROPERTY TAX, IF ANY FOR THE FISCAL YEAR 1989-1990 LAND VALUATION $22, 341. 00 IMPROVEMENT VALUATION: $-0- PERSONAL PROPERTY $-0- EXEMPTIONS $-0- CODE AREA NO. 65-000 PARCEL NO. 088-051-36 1ST INSTALLMENT $133 . 66 2ND INSTALLMENT $133 . 66 CONTINUED PAGE - 10 EXHIBIT Page j� of I i EXCEPTIONS ESCROW NO. 605311 NOTES CONTINUED E. A STATEMENT OF PARTNERSHIP PURSUANT TO THE UNIFORM PARTNERSHIP ACT, SECTIONS 15001 ET SEC. OF THE CORPORATIONS CODE OF THE STATE OF CALIFORNIA, DISCLOSING THE FOLLOWING TO BE PARTNERS JOE SANFILIPPO; HOWARD M. BOSSERT; MELVIN R. BASUINI; WILLIAM R. BRAND; FRED LEGIULLION; JERRY C. MAGGIO; WILLIAM ORLANDO; MATTY SANFILIPPO; HERSCHEL j TANNEHILL OF DEKA ASSOCIATES RECORDED FEBRUARY 15, 1963 , IN BOOK 1523 , PAGE 215, OFFICIAL RECORDS OF SANTA CRUZ COUNTY INSTRUMENT NO. 4582 j SAID INSTRUMENT CONTAINS, AMONG OTHER THINGS, THE FOLLOWING: UNDER THE PROVISIONS OF THE PARTNERSHIP AGREEMENT ANY TWO OF THE FOLLOWING NAMED PARTNERS ARE AUTHORIZED TO EXECUTE DOCUMENTS OF TITLE AND OTHER PAPERS RELATED THERETO• I 1. JOE SANFILIPPO 2 . WILLIAM R. BRAND 3 . HOWARD BOSSERT JF/mg CONTINUED PAGE - 11 EXHIBIT Pa90 ©f ESCROW NO. 605311 EXHIBIT "A" The land referred to herein is described as follows: SITUATE IN THE COUNTY OF SANTA CRUZ, STATE OF CALIFORNIA AND DESCRIBED AS FOLLOWS: BEING THE EAST ONE HALF OF SECTION 12 IN TOWNSHIP 8 SOUTH RANGE WEST, MOUNT DIABLO BASE AND MERIDIAN. ' 3 EXCEPTING THEREFROM THAT PORTION OF SAID LAND LYING SOUTHERLY AND EASTERLY OF THE NORTHERLY AND WESTERLY LINE OF THE STATE HIGHWAY. APN: 88-051-36 EXHIBIT Page 4-01)w S. _ 02 , N ax Area Code D 65-000 t � I Z D I � �+ D t I I G� I � 1 i800, y � cow I 3 3: y I � N I \ CR EF,C 660) 660 1 ,1 �0 all ` 9 � �5701 T 71 .13 -76 20 I� q ® " .14 Z66oT -i— Zl>do� —I Q I I Note -Assessor's Porcel Block a Lot Numbers Shawn in cles ,�� O EXHIBIT Page of 12 7 _ Assessors p o. 5 V3 18 County of Santo Cruz, Calif. n Jan. 1970 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-91-51 (Meeting 91-11 April 24 , 1991) REPORT April 10 , 1991 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager; D. Hansen, Land Manager; A. Cummings , Environmental Analyst; C. Bruins , Administrative Assistant SUBJECT: Land and Water Conservation Fund Application for Saratoga Summit Gateway Project (Proposed Addition of Sempervirens Fund Property to Long Ridge Open Space Preserve) Recommended Action: Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Application for Land and Water Conservation Funds for the Saratoga Summit Gateway Project. Introduction The Land and Water Conservation Fund (LWCF) is a federal grant program administered by the Local Assistance Section of the California Department of Parks and Recreation. The fund assists agencies in acquiring and developing parks for public recreation purposes . It is a competitive program guided by specific criteria. Approximately $642 , 495 is available for public agency projects in Northern California this year, a somewhat larger amount than last year. In recent years the amount of funds available through this program has been significantly reduced, increasing the competitiveness of the program. Only projects reflecting the highest priorities identified in the program' s criteria have been funded. The top priority activities include walking, picnicking, bicycling, nature study, and bird watching. Acquisition projects , except for priority wetlands , are rated lower than development projects . An acquisition proposal must include a statement of intent from the governing body indicating when development will take place. The project will be scored based on the priority rating of the activities to be offered, but the score will be reduced by 10% since development is promised but not actually a part of the application. The LWCF program requires a 50% matching contribution. If the grant is funded, the District is expected to fund the entire project amount, 50% of which will be reimbursed when the project is complete. This project has a total cost of $600 , 000; the amount requested is $300, 000. Applications must be submitted by May 10, 1991 . Project Summary The Midpeninsula Regional Open Space District proposes to purchase 116 acres of highly desirable open space and recreation land at Saratoga Gap. The property adjoins a major highway and regional trail intersection centrally located on the crest of the Santa Cruz Mountains . It would be an ideal site for a "Saratoga Summit Gateway" visitor center to provide visitors with information about 40 , 000 acres of surrounding public park and open space lands. See attached map for property location. The parcel is currently owned by the Sempervirens Fund, an organization working to preserve natural lands in the Santa Cruz mountains . Sempervirens has offered to sell the land to the District for $300, 000, representing half of its fair market value of $600 , 000 . The $300 , 000 difference would be used as the District ' s 50% matching contribution in applying for the grant. In addition, Sempervirens has indicated that it will take a lead roll in forming a nonprofit organization to seek funds to build and operate the proposed center. Five public agencies and five non- profit organizations could sponsor the new non-profit organization and provide initial monetary and political support. These organizations include: the State of California, County of Santa Clara, County of San Mateo, County of Santa Cruz, Midpeninsula Regional Open Space District , Sempervirens Fund, the Trail Center, Peninsula Open Space Trust, Save the Redwoods League, and the Bay Area Ridge Trail Council . The Saratoga Summit Gateway acquisition would provide a centralized, regionally accessible site for a visitor center, a facility that will increase public appreciation and enjoyment of the unique natural and cultural resources of the Santa Cruz mountain area. The project also offers an outstanding opportunity for inter-agency cooperation and helps round out public land holdings in this important gateway area. The District would be the landholder and cooperate for completion of the project. L c(�\ 273 l I PPE SARATOGA SUMMIT GATEWAY � - NP���- 1 l� EE .A � '� \'' , "- o 236BX ♦ �� + �,� M.R.O.S.D Midpeninsula Regional Open Space District --Old Road Alignment North --- Regional Trails Scale 1 Inch = 2,000 Feet ;NY IN 2. l VNL IV ACQUO NOON j Owl s /S F -�1/ `i� a o•� - Asa s �� \; �_' V' � j � ��, 1. �'•. -�' /"_. 1 �.. 14 �a ',f \- -• ,CAS_ RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS FOR THE SARATOGA SUMMIT GATEWAY ACQUISITION PROJECT WHEREAS , the Congress under Public Law 88-578 has authorized the establishment of a Federal Land and Water Conservation Fund Grant-In-Aid Program, providing matching funds to the State of California and its political subdivisions for acquiring lands and developing facilities for public outdoor recreation purposes; and WHEREAS , the State Department of Parks and Recreation is responsible for the administration of the program within the State , setting up necessary rules and procedures governing application by local agencies under the program; and WHEREAS , said adopted procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of applications and the availability of local matching funds prior to submission of said applications to the State; and WHEREAS , the proposed Saratoga Summit Gateway Acquisition Project is consistent with the Statewide Comprehensive Recreation Resources Plan: California Outdoor Recreation Plan - 1988 ; and WHEREAS , the project must be compatible with the land use plans of those jurisdictions immediately surrounding the project; NOW, THEREFORE, BE IT RESOLVED that the District hereby: 1 . Approves the filing of an application for Land and Water Conservation Fund assistance; and 2. Certifies that said agency has matching funds from gift revenue and can finance 100 percent of the project, half of which will be reimbursed; and 3 . Certifies that the project is compatible with the land use plans of those jurisdictions immediately surrounding the project; and 4. Appoints the General Manager or Assistant General Manager as agent of the District to conduct all negotiations, execute and submit all documents including but not limited to applications , agreements , amendments, billing statements, and so on, which may be necessary for the completion of the aforementioned project. Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-91-52 (Meeting 91-11 April 24 , 1991) REPORT April 18 , 1991 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager; D. Hansen, Land Manager; A. Cummings , Environmental Analyst SUBJECT: Proposed Agreement with Sempervirens Fund Regarding Long Ridge Open Space Preserve Additions Recommended Action: Adopt the accompanying Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving and Authorizing Execution of Agreement for Option to Purchase Real Property, Authorizing Officer to Execute Memorandum of Agreement, and Authorizing General Manager or Assistant General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Long Ridge Open Space Preserve, Lands of Sempervirens Fund) . Introduction and Terms : The Midpeninsula Regional Open Space District is considering the acquisition of the 205 acre Deka Associates property, which is scheduled on the April 24 agenda. As noted in that report, the District will- be utilizing $385, 000 from the Proposition 70 project-specific funds , known as "Connections between District Skyline Preserves and Portola and Castle Rock State Parks , " which were sponsored by Sempervirens Fund on behalf of the District. (Previously, the District utilized $600 , 000 of those project funds to acquire the Bar-Y Ranch property) . In order to support further District land acquisition activities in this area, Sempervirens Fund is offering additional incentives in the form of the attached agreement, as follows : (1) Sempervirens Fund would waive the $5, 000 option fee payment for District acquisition of the underlying fee rights in the "Hickory Oaks Ridge" property, as shown on the attached map. See Report R-83-47 , dated November 30, 1983 for further information on this property. (2) They are offering the District a 232 year option to purchase their 116 acre Saratoga Gap parcel at half-price. Market value is currently estimated at $600 , 000 . R-91-52 Page 3 Nearby public lands : Castle Rock State Park adjacent to the south, Portola State Park two and one-half miles to the west, Long Ridge Open Space Preserve one-fourth mile north, Saratoga Gap Open Space Preserve directly across Skyline Boulevard to the east Nearby landmarks : Saratoga Gap Vista Point parking area adjoins eastern tip of property; Saratoga Summit Ranger Station adjoins northeastern edge of property, fronting on Skyline Boulevard near northern corner of site 3. Topography and Hydrology Prominent topographic features : eastern third of property includes knoll with relatively level top; ridgelines extend southwest parallel to Route 9 , and west parallel to Skyline Boulevard; small knoll near northern tip; saddle near middle of southern boundary, remainder of property slopes steeply down to central canyon containing tributary to Oil Creek Elevation range: 1 , 960 feet in canyon bottom near center of western boundary to 2,760 feet on knoll near eastern tip, an elevation change of 800 feet Slope steepness: steep slopes in western two thirds of property; steepest area in southwest corner directly north of Highway 9; relatively gentle slopes in eastern third of site; most level terrain located on ridgetop of moderately sloping hill above the Skyline Boulevard and Highway 9 intersection Slope exposure: Oil Creek canyon opens to west; slopes face primarily west, southwest and northwest Watershed: Saratoga Gap forms saddle in crest of Santa Cruz mountains ; San Lorenzo and Pescadero watersheds to the west; Stevens Creek watershed to the east; majority of site drained by tributary of Oil Creek feeding into Pescadero Creek and Pacific Ocean; southeastern tip of property drains into headwaters of San Lorenzo River; north- facing slopes above Skyline Boulevard drain into Stevens Creek 4 . Geology and Soils Seismology: San Andreas Fault (active) approximately I mile to the east; Butano Fault (potentially active) approximately 1 . 5 miles to the south Soil classification: Maymen Rock Outcrop Complex; Maymen soils on the property are shallow (less than 10 inches deep) , with areas of rock outcrops R-91-52 Page 2 (3) They would support District efforts to obtain a grant to acquire the Gap parcel on this bargain sale basis . A federal Land and Water Conservation Fund grant application is included for your consideration later on this agenda. (4) If the District is successful in obtaining such a grant, Sempervirens Fund would return all of the grant funds they receive to the District in the form of a further contribution toward District purchase of the Deka Associates property. Assuming that you approve all three actions recommended on this agenda, (approval of the Sempervirens Fund Agreement, purchase of the Deka Associates property, and approval of the grant application for the Saratoga Gap property) , and the District receives a grant, the net cost of the Deka Associates property to the District could be as low as $300 , 000 , less than 1/3 of its appraised value. The information that follows in this report pertains to the 116 acre Saratoga Gap property owned by Sempervirens Fund, which is the main component of the subject agreement. In the event the District exercised its option to acquire the Gap property as a result of a successful grant application, additional use and management, dedication, and naming information would be provided for your consideration in the future. 1 . Property Identification Property owner: Sempervirens Fund Size: 116 acres 2. Location and Boundaries (see attached map) Regional setting: adjoins western side of Saratoga Gap near northern tip of Santa Cruz County Road access: The two major roads through the Santa Cruz mountains , State Highway 35 (Skyline Boulevard) and State Highway 9 (Big Basin Way) , adjoin two sides of the property and intersect at Satatoga Gap. Extensive parking is available at Saratoga Gap Vista Point parking area. Two additional parking pullouts, one on Skyline Boulevard and one on Highway 9, provide access to both ends of the trail through the property. Boundaries : triangular parcel with eastern apex at Saratoga Gap; northern boundary Skyline Boulevard, southern boundary Castle Rock State Park and Highway 9, northern part of western boundary private property, southern part Deka Associates property proposed as an addition to Long Ridge Open Space Preserve at your meeting of April 24, 1991 . R-91-52 Page 4 Soil stability: steep slopes have high erosion hazard 5. Flora and Fauna Plant communities: mainly mixed evergreen forest; some open grassland near Saratoga Gap; small area of coastal scrub on upper west-facing slopes in central part of property Dominant flora: Douglas fir, madrone, interior live oak, canyon live oak, tan oak, annual grass in meadow area, manzanita in coastal scrub Common fauna: Black-tailed deer, California gray squirrel , coyote, gray fox, bobcat, and raccoon are common mammals of mixed evergreen forest. 6 . Visual Qualities Viewshed: property forms part of scenic backdrop of Saratoga and Cupertino; main knoll conspicuous from Saratoga Gap Vista Point and Saratoga Gap Open Space Preserve; ridgeline of property overlooks Skyline Boulevard Vistas: meadow at top of knoll in southeast corner of property has views of Santa Clara valley and Diablo range to the southeast and the San Lorenzo drainage to the southwest; views of Oil Creek drainage possible from some areas of road through property, but mostly obstructed by foliage 7 . Existina Improvements An old road winds through the center of the property from Skyline Boulevard near the CDF Station to Route 9 opposite the access to the Saratoga Toll Road Trail. The road was built by Chinese laborers in 1871 as a haul road for logs from the San Lorenzo Valley. The road is almost level , following a contour across the property. However , it does not appear to have received any significant recent use, and some fallen trees would need clearing if it were to be reopened as a trail . 8 . Existing Use Children use the meadow above Saratoga Gap for sledding after the infrequent winter snows . There is some litter at the top of the knoll , indicating picnicking use of the area. The rest of the property appears to be infrequently used at present. R-91-52 Page 5 9. Planning Considerations Political boundaries : The property lies in unincorporated Santa Cruz County at the entrance to approximately 40 , 700 interconnected acres of public parks and open space managed by four separate agencies. These lands include: State Parks 21 , 403 acres Castle Rock State Park: 3 , 653 acres Portola State Park: 2, 100 acres Big Basin State Park: 15, 650 acres Midpeninsula Regional Open Space District 5, 853 acres Saratoga Gap Open Space Preserve: 615 acres Montebello Open Space Preserve: 3 , 007 acres Long Ridge Open Space Preserve: 977 acres Skyline Ridge Open Space Preserve: 1, 254 acres San Mateo County Parks 8 , 999 acres Memorial Park: 499 acres Sam McDonald Park: 1 , 000 acres Pescadero Creek County Park: 7 , 500 acres Santa Clara County Parks 4 , 420 acres Sanborn Skyline County Park: 3, 220 acres Upper Stevens Creek County Park: 1 , 200 acres Zoning: Timber Preserve Zone (TPZ) Master Plan rating: Not rated because parcel is in Santa Cruz County, outside current District boundaries but within the Sphere of Influence. Nearby areas rated high for composite value as open space. Use and Management Plan Review: The next Use and Management Plan Review for Long Ridge Open Space Preserve is anticipated for the second quarter of 1995. Regional plans: The property is truly a gateway to Santa Cruz mountain trails . Several major trails intersect here including two trails of regional importance. The Bay Area Ridge Trail , a 400-mile multi-use route, will encircle the Bay Area ' s ridgetops . In this area it parallels Skyline Boulevard. The Skyline-to-the-Sea Trail is a 30- mile hiking and partial equestrian trail descending through the property from Saratoga Gap to the Pacific Ocean at Big Basin State Park. Other adjacent trails include the Saratoga Toll Road Trail to Waterman Gap; the Saratoga Gap Trail to Castle Rock State Park headquarters ; R-91-52 Page 6 the Ridge Trail through Saratoga Gap and Long Ridge Open Space Preserves, connecting with trails in Santa Clara County Skyline Park, Montebello Open Space Preserve and Portola State Park; and the Skyline Trail to Sanborn-Skyline County Park. Three overnight trail camps are accessible from these trails , offering the potential for multi-day trips . 10. Potential Use and Management The old road through the property could be developed as a trail with a minimum of effort. The surface is in surprisingly good condition for such a long period of neglect, and with some clearing would make an excellent trail . This trail could connect the District ' s trail through Saratoga Gap Open Space Preserve with the Saratoga Toll Road Trail , bypassing the busy Saratoga Gap intersection. The base of the meadow at the eastern tip of the property would be an ideal location for a "Saratoga Summit Gateway" visitor center. Directly accessible from Saratoga Gap, this center could provide information about public open space in the area, the trail network, and the sponsoring agencies . Displays could include a large raised relief map showing the park locations and trail network, as well as exhibits showcasing unique aspects of local natural and cultural history. The center could be staffed by volunteers . The Sempervirens Fund may form a non-profit organization to seek funds necessary to build and operate the center. Initially, the non-profit organization could be sponsored by the five public agencies with lands in the area: Midpeninsula Regional Open Space District, California State Parks , Santa Clara County, Santa Cruz County and San Mateo County. The Trail Center and the Bay Area Ridge Trail Council would also be involved. 1 •• )' Cj� _ tom,;; SARATOGA SUMMIT GATEWAY OPEN,SPACE''PRE M.R.O.S.D Midpeninsula Regional 1368X Open Space District Old Road Alignment fir/ =/rs$.�� f 1p 7) .,� • / „ t! ` /� ` //I�((- North Regional Trails _71 -° '�` �• { �=r °� Scale 1 Inch = 2,000 Feet • J ` `• ,� �1• 1 �! p(OPtv O/IKt P SE T('I WAY A%C iou a uuUPI 17 L� i! � V �� \ �It �CdtnLZ Yy � �(�����,+ ,� �C/ � -' ` •>1 o�.F'1 �17 -�' � ! !r�!011��J�{{� r� _� ��� _ - DGHK AT UN x let- kN j1�• Jf.' (I�..! ^` __,_` + �r-���. �?oo_'�n\\_ ram'.;- �` �' 1��:�`���\�tt ��l _ ��/ �/i z° � ��`a� 7l���• 1N // RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT FOR OPTION TO PURCHASE REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE MEMORANDUM OF AGREEMENT, AND AUTHORIZING GENERAL MANAGER OR ASSISTANT GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (LONG RIDGE OPEN SPACE PRESERVE LANDS OF SEMPERVIRENS FUND) 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 approve of an Agreement for the option to purchase real property between the Midpeninsula Regional Open Space District and Sempervirens Fund, a copy of which is attached hereto and by reference made a part hereof , and authorizes the President or other appropriate officer to execute said Agreement and Memorandum of Agreement on behalf of the District. Section Two. The General Manager or Assistant General Manager of the District shall cause to be given appropriate notice of acceptance to Sempervirens Fund. The General Manager or Assistant General Manager further is authorized to execute any and all other documents necessary or appropriate to the closing of the transaction. { I ------------------------------------------------------ AGREEMENT THIS AGREEMENT, made and entered into this day of 1991, by and between the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district, hereinafter referred to as "DISTRICT" , and SEMPERVIRENS FUND, a non-profit corporation, organized under the laws of the State of California, hereinafter referred to as "SEMPERVIRENS . " W I T N E S S E T H WHEREAS , SEMPERVIRENS was organized as a non-profit , public benefit corporation to solicit, receive and hold gifts , legacies , devises and conveyances of real and personal property, and raise funds for the purchase of real and personal property for public park, recreation, conservation and open space purposes , and WHEREAS , DISTRICT was organized as a public agency under the Public Resources Code of the State of California, to wit: Article 3 , Division 5, Chapter 3, Section 5500 et seq. , entitled "Regional Park, Park and Open Space Districts" to acquire and manage public open space and recreation lands in the Midpeninsula area of the San Francisco Bay Area, and WHEREAS , DISTRICT is entering into an agreement to purchase certain real property (hereinafter "Subject Property" ) located in an unincorporated area of Santa Cruz County owned by DEKA Associates, a partnership, designated as "Parcel One" on the map attached hereto as Exhibit "I" and incorporated herein by this reference (hereinafter the "Map" ) , and SEMPERVIRENS wishes to assist with the acquisition funding of said Parcel One, and WHEREAS, DISTRICT currently holds an option to acquire fee title to that certain property commonly known as Hickory Oaks Ridge (hereinafter "Ridge Property" ) owned by SEMPERVIRENS and designated as Parcel Two on the Map, which option DISTRICT would like to exercise at no cost to DISTRICT as an addition to District ' s Long Ridge Open Space Preserve, and WHEREAS , SEMPERVIRENS owns certain real property containing approximately 116 acres located at the Southwest corner of Skyline Boulevard and State Highway 9 (hereinafter the "Gap Property" ) designated as Parcel Three on the Map, which SEMPERVIRENS would like to offer to DISTRICT on an option basis at a price significantly below its fair market value, and WHEREAS, the purchase of the Subject Property is of mutual benefit to the parties hereto and to the public in that said acquisition as implemented by this Agreement has natural Agreement - Sempervirens Fund Page 2 beauty and scenic, open space and recreational value which will be protected in perpetuity for the citizens of the San Francisco Midpeninsula area, and WHEREAS , the purpose of this Agreement is for SEMPERVIRENS to provide an incentive to DISTRICT and funding assistance to DISTRICT for purchase of the Subject Property in the form of offering to eliminate the option price for DISTRICT to acquire the Ridge Property, and tendering an option at a bargain price to DISTRICT to acquire the Gap Property and further committing the proceeds of the sale of the Gap Property to DISTRICT towards DISTRICT purchase of the Subject Property. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED as follows : 1 . Purchase of the Subject Property. DISTRICT agrees to complete acquisition of the Subject Property, owned by DEKA Associates , a partnership and designated as Parcel One on the Map, in accordance with the terms and conditions of that certain Purchase Agreement attached hereto as Exhibit "II" and incorporated herein by this reference. 2. Purchase of the Ridge Property. SEMPERVIRENS agrees to transfer to DISTRICT and DISTRICT agrees to accept from SEMPERVIRENS the Ridge Property, owned by SEMPERVIRENS, and designated as Parcel Two on the Map, in accordance with the terms of Section 4 of that certain Agreement for Purchase and Sale of Real Property, dated December 7 , 1983 , attached hereto as Exhibit "III" and incorporated herein by this reference; provided, however, that SEMPERVIRENS agrees to waive the "repurchase" fee of Five Thousand and 00/100 Dollars ($5, 000.00) and any and all additional fees or costs associated with the repurchase of the Ridge Property by DISTRICT; SEMPERVIRENS further waives the requirement for retention of a public trail easement also as stipulated in said Section Four. All other terms and conditions of said Agreement are hereby reaffirmed by the parties hereto. 3 . Option to Purchase the Gap Property. SEMPERVIRENS hereby grants to DISTRICT the exclusive right to purchase the Gap Property at a price and under the terms and conditions set forth in the Purchase Agreement Bargain Sale attached hereto as Exhibit "IV" and incorporated herein by this reference. A. Option Period. This option shall commence on May 1 , 1991 and continue up to and including December 31 , 1993 . Agreement - Sempervirens Fund Page 3 B. Option Consideration. This option is granted in consideration of the mutual promises and benefits accruing to the parties hereto as an integral part of this Agreement. C. Exercise of Option. Assuming DISTRICT is not in breach of this Agreement, DISTRICT may exercise this option by execution and tender to SEMPERVIRENS of the originals of an instrument in form of Exhibit IV (Purchase Agreement - Bargain Sale) . SEMPERVIRENS shall then immediately execute and deliver to DISTRICT two executed originals of said instrument. D. Automatic Termination. If DISTRICT fails to exercise this option in accordance with its terms and within the option period or any extension thereof , then this option and the rights of DISTRICT shall automatically and immediately terminate without notice. Thereafter, DISTRICT agrees that it will properly execute, acknowledge and deliver to SEMPERVIRENS within ten (10) days of request therefore, a release, quitclaim deed, or other appropriate document required by SEMPERVIRENS or a Title Insurance Company to verify termination of this option. E. Assignability of Option. DISTRICT may not assign this option which is granted by SEMPERVIRENS exclusively to DISTRICT. In the event an attempted assignment is made in violation of this provision, DISTRICT' s rights under this option shall automatically terminate without notice. F. Memorandum of Option. A memorandum of this option in the form of Exhibit V, as attached hereto and incorporated herein by this reference, may be recorded by District. 4 . Contribution by Sempervirens . In the event DISTRICT purchases the Gap Property as provided in Section 3 hereinabove, and in order to provide an incentive to DISTRICT and funding assistance to DISTRICT for the purchase of the Subject Property, SEMPERVIRENS hereby agrees , and the parties hereby confirm, that SEMPERVIRENS shall contribute to District the net proceeds (including grant funds) of the sale of the Gap Property to DISTRICT under the terms and conditions of this Agreement. All funds received by SEMPERVIRENS specifically designated for the purchase of the Gap Property under this Agreement shall be contributed by SEMPERVIRENS to DISTRICT within sixty (60) days after the close of escrow for the purchase of the Gap Property. Agreement - Sempervirens Fund Page 4 5. Grant Funds . Both parties shall cooperate in the securing of grant funds to help further the process of the public open space property acquisitions that are the subject of this Agreement. When appropriate and/or necessary, the parties shall pass resolutions , write letters , and contact elected representatives to further the possibility of success of any and all such grant fund requests . It is understood that SEMPERVIRENS is engaged, and will continue to be engaged during the period of performance under this Agreement, in solicitation of funds for the acquisition of other lands and for other programs of SEMPERVIRENS , and the obligation of SEMPERVIRENS to contribute funds to DISTRICT shall apply only to funds received by SEMPERVIRENS and designated by the grantor to be for the purpose of acquisition of properties under this agreement. 6 . Visitors Center. The parties to this Agreement envision that in the future, the Gap Property may provide an ideal location for a visitors center that could be the "gateway" to the Santa Cruz mountain parks and open space preserves, and the parties of interest could include: State of California, County of Santa Clara, County of San Mateo, County of Santa Cruz, Midpeninsula Regional Open Space District, Sempervirens Fund, Save the Redwoods League and Peninsula Open Space Trust . In the event DISTRICT exercises its option to acquire the Gap Property as provided herein, DISTRICT agrees to allow SEMPERVIRENS to continue to pursue the idea of locating such a visitors center thereon and to provide free of cost an appropriate site at the east corner of the Gap Property at a mutually agreeable location for the visitor center. If necessary for the financing and/or operation of the visitors center, the required portion of the Property shall be gift deeded, within the limitations of any acquisition grant fund contract of District, to the nonprofit organization operating the center. It is understood that SEMPERVIRENS may pursue the formation of a private non-profit corporation, possibly including the parties of interest mentioned above, to sponsor, fund raise, pursue grants , build and operate said visitors center all in manner complimentary to DISTRICT' s programs. 7 . Dedication. Upon acquisition of the Subject Property by DISTRICT, DISTRICT shall officially dedicate its interests and rights in and to the Subject Property pursuant to Sec. 5540 of the Public Resources Code of the State of California. 8 . Hold Harmless . It is agreed that DISTRICT shall defend, hold harmless and indemnify SEMPERVIRENS, its officers , agents and/or Agreement - Sempervirens Fund Page 5 employees from any and all claims for injuries to persons or damage to Property which arise out of the provisions of this Agreement and which result from negligent acts and/or omissions of DISTRICT and its officers , agents and/or employees . It is further agreed that SEMPERVIRENS shall defend, hold harmless and indemnify DISTRICT, its officers , agents , and/or employees from any and all claims for injuries to persons or damage to Property which arise out of the provisions of this Agreement and which result from negligent acts and/or omissions of SEMPERVIRENS and its officers , agents and/or employees . In the event of the concurrent negligence of DISTRICT, its officers , agents and/or employees and of SEMPERVIRENS, its officers , agents , and/or employees then the liability for any and all claims for injuries or damage shall be apportioned according to the "California Theory of Comparative Negligence" as presently in effect or as may hereafter be modified. 9 . Complete Agreement. This Agreement, together with the exhibits , contains all of the terms and conditions agreed to by DISTRICT and SEMPERVIRENS and supersedes any and all oral and/or written agreements previously made between the parties hereto with respect to the acquisition of the Subject Property, the Ridge Property and the Gap Property. This Agreement may be amended in writing at any time by the mutual consent of the parties hereto. 10. Survival of Covenants . All covenants of DISTRICT or SEMPERVIRENS which are expressly intended hereunder to be performed in whole or in part after the close of escrow and recordation of any Grant Deed for any of the properties covered by this Agreement, and all representations and warranties by either party to the other, shall survive the close of escrow and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs , successors and permitted assigns. Agreement - Sempervirens Fund Page 6 SEMPERVIRENS FUND MIDPENINSULA REGIONAL OPEN SPACE DISTRICT BY: BY: President, Board of Directors President, Board of Directors DATE: DATE: BY: ATTEST:•Vice President, District Clerk Board of Directors DATE: 66 T91 Ii..s H S F.7 1 N1 f� . ��S'1' VEN ` age ©f �':1�.�• :�I�pEIV`SP21�'�Pt'�, R � � ' � „/� " M.R.O.S.D Midpeninsula Regional Open Space District • North — — —Regional Trails Scale 1 Inch = 2,000 Feet •� J I\\ ` \l i S VC, 1V5P�AGE;PR S R E M:R.0.S:D water, •'(p �' )' u , r �N J' l,r,rl . \AM !4\ j63��I ..- �.� o24 f / ^�j\� ftl ,1 P9\t n •`. �a°o ' O � \;y'�; !1±) �-��r!` �j��( \ , •� ` ' �'��ofz� �7� � 1� �I'1��/ I ��°oo � � • \`0 \` /Z°� �•. S'1 °°jj� ���`\��� PRIVATE'LbNDSFi, sl'.1TF;VARK ... . /1 17, :>ra�•` ',I°` - ;� 5�1�) i11 i!' ,ilo - �11i /;,) ��\ %- \� / � -/1��� I��.1 ��o � ������� �• � � C %'�� }� l(f} '� ���• � V�'i.�� ��`�� '`� --i� 't - '� -ape%. ° i,;SANTA CLARA' I!(4_ �SANBUMIMR,)Ck ROCK STATE-PARK t r i PURCHASE AGREEMENT - BARGAIN SALE This Agreement is made and entered into by and between SEMPERVIRENS FUND, a non-profit corporation, organized under the laws of the State of California, hereinafter called "Sempervirens" 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 , Sempervirens was organized as a non-profit, charitable corporation to solicit , receive and hold gifts , legacies , devises and conveyances of real and personal property for public park, conservation and open space purposes , all in a manner complementary to activities of District; and WHEREAS , Sempervirnes is the owner of certain real property located within an unincorporated area of the County of Santa Cruz , which has natural beauty, open space and recreational value, and ecological significance; and WHEREAS , District desires to purchase said property both as open space and as part of the recreational , ecological -and aesthetic resources of the Midpeninsula area; and WHEREAS , Sempervirens , out of desire to promote public welfare, and share the natural and scenic beauty and enjoyment of said property with the citizens of the Midpeninsula area, hereby agrees to sell and convey the entirety of said real property to District at a price significantly below its market value, and District wishes to purchase and receive said real property on such an opportunity basis upon the conditions and for the considerations set forth herein. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED as follows : 1 . Purchase and Sale. Sempervirens agrees to sell to District and District agrees to purchase from Sempervirens , Semperviren' s real property located within an unincorporated area of the County of Santa Cruz, State of California, containing approximately One Hundred Sixteen (116) acres , more or less , and commonly referred to as Santa Cruz County Assessor ' s Parcel No: 088-221-04; said property being further described in the legal description attached to Preliminary Title Report Number 889590 , dated February 1 , 1991 , from Santa Cruz Title Company; said 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. " &7_ wd0;t Purchase Agreement - Sempervirens Fund Page 2 . Purchase Price . The total purchase price ( "Purchase Price" ) for the Property shall be Three Hundred Thousand and No/100 Dollars ($300 , 000 . 00) , or one-half (1/2) the fair market value of the Property as determined by a fee appraiser acceptable to District and Sempervirens , whichever amount is greater; which amount shall be paid in cash as further ! provided in Section 3 herein. 3 . Escrow. Promptly upon execution of this Agreement , in accordance with Section 9 herein, an escrow shall be opened at Santa Cruz Title Company, 201 River Street , Santa Cruz , CA 95060 ; phone number (408) 426- 9090 , or other title company acceptable to District and Sempervirens (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 60 days following the execution of this Agreement by Sempervirens Fund in accordance with the terms of Section 9 hereinbelow, 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 Cruz County. (b) Sempervirens 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) Sempervirens shall deposit into the escrow on or before the ; Closing an executed and recordable Grant Deed covering the Property. (d) District shall deposit into the escrow, on or before the Closing: (i) The required Certificate of Acceptance for the Grant Deed, duly executed by District and to be dated as of the Closing. (ii) District ' s check payable to Escrow Holder in the full amount of the Purchase Price as further stipulated in Section 2 hereinabove. Purchase Agreement - Sempervirens Fund Page (e) District 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 irl this Agreement shall be apportioned or allocated between District and Sempervirens in the manner customary in Santa Cruz 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) Sempervirens shall cause Santa Cruz Title Company, or other'! title company acceptable to District and Sempervirens , 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 the) Purchase Price for the Property showing title to the Property vested in fee simple in District, subject only to: (i) current real property taxes , (ii) listed exception number 3 as contained in said Preliminary Title Report (Exhibit A) , and (iii) such additional title exceptions as may be acceptable to District. In the event District disapproves of any additional title exceptions and Sempervirens 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 Sempervirens of such disapproved exceptions and affording Sempervirens at least twenty (20) days to remove such exceptions) and then Escrow Holder and Sempervirens 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 Cruz 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 Sempervirens Escrow Holder ' s check for the full purchase price of the Subject Property (less Sempervirens ' s portion of the expenses described in Section 3 (e) ) , and to District or Sempervirens , as the case may be , all other documents or instruments which are to be delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall return all monies , documents or other things of value deposited in the escrow to the party depositing the same. 4 . Leases or Occupancy of Premises . Sempervirens warrants that there exist no oral or written leases or rental agreements affecting all or any portion of the Subject Property. Sempervirens 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 Purchase Agreement - Sempervirens Fund Page California Government Code Section 7260 et seq. Sempervirens understands and agrees that the provisions of this paragraph shall survive the recordation of any Grant Deed (s) . 5 . Semperviren ' s Representations and Warranties . For the purpose of consummating the sale and purchase of the Property in accordance herewith, Sempervirens represents and warrants to District that as of the date this Agreement is fully executed and as of the date of Closing: 5. 01 Authority. Sempervirens has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder. 5. 02 Valid and Bindin2 Agreements . This Agreement and all other documents delivered by Sempervirens to District now or at consummation of the transaction have been or will be duly authorized and executed and delivered by Sempervirens and are legal, valid and binding obligations of Sempervirens 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 Sempervirens is a party or by which Sempervirens may be bound or any� articles , bylaws or corporate resolutions of Sempervirens . 6 . Waiver of Statutory Compensation. Sempervirens and District understand and agree that Sempervirens may be entitled to receive the fair � market value of the Property, as provided for by the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646) 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. Sempervirens hereby waives any and all existing and/or future rights Sempervirens 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 . 7 . Dedication for Open Space Purposes . District agrees that it shall dedicate the Subject Property as park, recreation and open space lands pursuant to the provisions of California Public Resources Code Section 5840 . 8 . Miscellaneous Provisions . 8 . 01 Choice of Law. The internal laws of the State of California, regardless of any choice of law principles , shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties . 8 . 02 Attorneys ' Fees . If either party hereto incurs any expense, including reasonable attorneys ' fees , in connection with any action or proceeding instituted by reason of any default or alleged Purchase Agreement - Sempervirens Fund Page 5 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 . 8 . 03 Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect . Any party hereto may: (i) extend the time for the performance of any of the obligations of the other party; (ii) waive any inaccuracies in representations and warranties made by the other party contained in this Agreement or in any documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the covenants contained in this Agreement or the perfor- mance 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. 8 . 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 constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. 8 . 05 Notices . All notices , consents , waivers or demands of any kind which either party to this Agreement may be required or may desire to i serve on the other party in connection with this Agreement shall be n writing and may be delivered by personal service or sent by telegraph or cable or sent by registered or certified mail , return receipt requested, with postage thereon fully prepaid. All such communications shall be addressed as follows : Sempervirens: Sempervirens Fund P.O. Drawer BE Los Altos , CA 94023 Attn: Verlyn Clausen, Executive Director (415) 968-4509 FAX (415) 968-9311 Purchase Agreement - Sempervirens Fund Page 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 Palo Alto, CA 94306 (415) 324-1366 FAX (415) 327-9151 If sent by telegraph, telefax communication or cable, a conformed copy of such telegraphic , telefaxed 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. 8 . 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 . 8 . 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. 8 . 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 Purchase Agreement - Sempervirens Fund Page continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement . 8 . 09 Entire Agreement . This Agreement is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes a complete and exclusive statement of the terms and condition!: thereof , and it supersedes any and all prior correspondence , conversa- tions , negotiations , agreements or understandings relating to the same subject matter. 8 . 10 Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element. 8 . 11 Survival of Covenants . All covenants of District or Sempervirens which are expressly intended hereunder to be performed in whole or in part after the Closing, and all representations and warrantieE 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 . 8 . 12 Assignment . Except as expressly permitted herein, neitherl 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. 8 . 13 Further Documents and Acts . Each of the parties hereto .agrees to execute and deliver such further documents and perform such other acts as may be reasonably necessary or appropriate to consummate and, carry into effect the transactions described and contemplated under this Agreement. 8 . 14 Binding on Successors and Assigns . This Agreement and all! of its terms , conditions and covenants are intended to be fully effective and binding, to the extent permitted by law, on the successors and permitted assigns of the parties hereto. 8 . 15 Captions . Captions are provided herein for 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. 8 . 16 Pronoun References . In this Agreement, if it be appropriate, the use of the singular shall include the plural, and the plural shall include the singular,, and the use of any gender shall include all other genders as appropriate. 9 . Acceptance. Provided that this Agreement is signed by District and returned to Sempervirens in accordance with the terms and conditions of that certain Agreement by and between the parties hereto, dated Purchase Agreement - Sempervirens Fund Page 1991 (which Agreement covers the purchase of the Subject Property as well as other property) , Sempervirens shall have thirty (30) days afte receipt hereof to accept and execute this Agreement and on such basis , an this instrument shall constitute an irrevocable offer by Sempervirens to sell and convey the Property to District for the consideration and under the terms and conditions herein set forth. Following execution of this Agreement by the parties , this transaction shall be consummated as soon a practicable in accordance with the terms and conditions set forth herein. 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 Sempervirens in accordance with the terms hereof . MIDPENINSULA REGIONAL OPEN SPACE SEMPERVIRENS FUND DISTRICT APPROVED AS TO FORM: By: Date: Stanley Norton, District Counsel By: Date: ACCEPTED FOR RECOMMENDATION: L. Craig Britton, SR/WA Land Acquisition Manager APPROVED AND ACCEPTED: President, Board of Directors ATTEST: District Clerk Date : PRELIMINARY REPORT SANTA CRUZ TITLE COMPANY [X] 201 RIVER STREET, SANTA CRUZ, CA. 95060 (408) 426-9090 [ ] 223 RIVER STREET #C, SANTA CRUZ, CA. 95060 408 426- [ ] 830 BAY AVENUE, #C , CAPITOLA, CA. 95010 ( ) 9911 [ ] 8) 479-9229 2170 41st AVENUE, Suite B, CAPITOLA, CA. 95010 (40) 476 50 0 [ ) 4340 SCOTTS VALLEY DR. #A , SCOTTS VALLEY, CA. 95066 (408)438-4200 [ ] 9055 SOQUEL DRIVE , APTOS, CA. 95003 (408) 688-9566 [ ] 1820 MAIN STREET, WATSONVILLE, CA 95076 (408) 724-8804 / 688-1448 February 5, 1991 IMPORTANT SANTA CRUZ TITLE COMPANY WHEN REPLYING REFER TO ATTENTION: CINDY DEQUINE OUR NO. 889590 CD ESCROW OFFICER YOUR NO. : PROPERTY: UNIMPROVED In response to the above referenced application for a Policy of Title Insurance SANTA COMPANY herebyre ort CRUZ TIT s that it is prepared t LE Policy or Policies of Title Insurance descpribing to and the estate or intearest therein to hereof, a hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms. The printed Exceptions and Exclusions from coverage of said Policy or Policies are set forth on the attached cover. Copies of the Policy forms should be read. They are available from the office which issued this Report. This Report (and any supplements or amendments thereto) is issued solely for te purpose of facilitating the issuance of a Policy of Title Insurance and no liability is assumedh hereby. If it is desired that liability be assumed prior to the issuance of a Policy of Title Insurance, a Binder or Commitment should be requested. Dated as of FEBRUARY 1, 1991 at 7:30 a.in. SHERI YMANN, Title Officer The form of Policy of Title Insurance contemplated b this r y Reportns: CLTA Standard Coverage Policy Form - 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 at the date hereof is vested in: SEMPERVIRENS FUND, A CALIFORNIA NON PROFIT PUBLIC BENEFIT CORPORATION At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions contained in said Policy form would be as follows: See Exceptions Page One. CLTA PRELIMINARY. REPORT (Rev. 5-86 Form #51) H1BIT A Pao e -1—o EXCEPTIONS ESCROW NO. 889590 CD 1. GENERAL AND SPECIAL COUNTY (AND CITY) TAXES, INCLUDING PERSONAL PROPERTY TAX, IF ANY FOR THE FISCAL YEAR 1990-1991 LAND VALUATION $12 , 946. 00 IMPROVEMENT VALUATION: $_0- PERSONAL PROPERTY $_0_ EXEMPTIONS $12 , 946 . 00 CODE AREA NO. 65-000 PARCEL NO. 088-221-04 1ST INSTALLMENT $33 . 67 PAID 2ND INSTALLMENT $33 . 67 PAYABLE BUT NOT YET DUE 2 . 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. 3 . AN EASEMENT AFFECTING THE PORTION OF SAID PROPERTY AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES, AS GRANTED IN THE DEED FROM EDITH VAN ANTWERP AND WILLIAM C. VAN ANTWERP, WIFE AND HUSBAND TO PACIFIC GAS AND ELECTRIC COMPANY, A CALIFORNIA CORPORATION FOR A SINGLE LINE OF POLES RECORDED AUGUST 23 , 1932 IN BOOK 230, PAGE 367, OFFICIAL RECORDS OF SANTA CRUZ COUNTY INSTRUMENT NO. 5364 AFFECTS THE ROUTE OF SAID EASEMENT IS NOT DESCRIBED THEREIN NO ASSURANCE IS MADE HEREUNDER AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT NOTES A. NO TRANSFER OR AGREEMENTS TO TRANSFER THE PROPERTY DESCRIBED HEREIN APPEAR OF RECORD WITHIN TWENTY-FOUR MONTHS OF THE DATE OF THIS REPORT. TITLE OF THE VESTEE HEREIN WAS ACQUIRED BY INSTRUMENT GRANT DEED FROM MERYL CHESEBROUGH, DEALING WITH HER SOLE AND SEPARATE PROPERTY TO SEMPERVIRENS FUND, A CALIFORNIA NON PROFIT PUBLIC BENEFIT CORPORATION RECORDED FEBRUARY 14 , 1984 IN BOOK 3681, PAGE 150 OFFICIAL RECORDS OF SANTA CRUZ COUNTY INSTRUMENT NO. 7127 CONTINUED PAGE - 1 EXHIBIT Page of EXCEPTIONS NOTES CONTINUED ESCROW NO. 8$9590 CD ' AND BY INSTRUMENT GRANT DEED FROM ELAINE CHESEBROUGH, DEALING WITH HER SOLE TO AND SEPARATE PROPERTY SEMPERVIRENS FUND, A CALIFORNIA NON PROFIT RECORDED PUBLIC BENEFIT CORPORATION FEBRUARY 1, 1984 IN BOOK 3681, PAGE 151 OFFICIAL RECORDS OF SANTA CRUZ COUNTY INSTRUMENT NO. 7128 AND BY INSTRUMENT GIFT DEED FROM PAUL M. CHESEBROUGH AND NESSIE E. TO CHESEBROUGH, HUSBAND AND WIFE RECORDED SEMPERVIRENS FUND, A CALIFORNIA CORPORATION FEBRUARY 14, 1984 IN BOOK 3681, PAGE 155 OFFICIAL RECORDS OF SANTA CRUZ COUNTY INSTRUMENT NO. 7130 B. LAST INSURED DATE FEBRUARy 14, 1984 C. THE FRANCHISE TAX BOARD OF THE STATE OF CALIFORNIA HAS BEEN REQUESTED TO FURNISH THIS COMPANY WITH CURRENT INFORMATION AS TO THE CORPORATE STATUS OF SEMPERVIRENS FUND MID PENINSULA REGIONAL OPEN SPACE JF/mgg i CONTINUED PAGE - 2 EXHiSIT Page of ESCROW NO. 889590 CD EXHIBIT "A" The land referred to herein is described as follows: SITUATE IN THE COUNTY OF SANTA CRUZ, STATE OF CALIFORNIA AND DESCRIBED AS FOLLOWS: ALL THAT PORTION OF LOTS 6 AND 7 AND THE EAST 1 2 OF 1J4 OF SECTION 6, AND ALL T � THE SOUTHWEST NORTHWEST 1/4 OF SECTIONA7, P ALL IIN TOWNSHIP 8 SOUTH, EAST OF WEST, MT. DIABLO BASE AND MERIDIAN, LYING SOUTHERLY AND WESTERLY OF THE SOUTHERLY AND WESTERLY LINE OF STATE HIGHWAY 55—A, KNOWN AS SKYLINE BOULEVARD, AND LYING NORTHERLY AND WESTERLY OF THE NORTHERLY AND WESTERLY LINE OF STATE HIGHWAY 42—A, KNOWN ALSO AS STATE HIGHWAY 9 . APN: 88-221-04 EXHlBJT.:r! w Page of 'URPOSES ONLY y, s« POR. SECS. 6 B 7, T. 8 S. R 2 W.,M.D.B. 8 M. Tax Area Code t` r 65-000 .Sc. 6 LP 400<01 J O.i O ` • q a of �e h J/O J/ 1 -tyt f 7 2 ' a 1 I � 1 6 f — —— — — —— —— — ——— — ——— — — i 12 7 ii � ! ,c n co • � I � f�t r�`r ! •• �2'A I.I 1=1 ` iC 30 _1.'!.`!.r _ .1nT A"II RVI?Y 5(;1.}'S:Y PON YC:1!t All) It! o STATE HIGHWAY t.nc�.'rt,l;: :::_;t.11:t,:1, .:. t.;?ESPBc'r'!nsv..EF;•1•:; �t 6 hltD OTIIE;F,?ARCEI.S, Ili)LlAi:1Ll':'Y IS AStil1A!F:D FOIL A117 LOSS OCCUR i NC 11Y RFASOIl OF RCL1 ANCF THEREON. Assessors Map Na 88-22 WHEN RECORDED RETURN TO: Midpeninsula Regional Open Space District Old Mill Office Center Building C, Suite 135 201 San Antonio Circle Mountain View, CA 94040 Attn: C. Britton MEMORANDUM OF OPTION THIS MEMORANDUM of Option is notice to all concerned that an Option Agreement was entered into by and between Sempervirens Fund, a non-profit corporation, as Optionor, and Midpeninsula Regional Open Space District, a public District, as Optionee, on the day of 1 1991, wherein Sempervirens Fund agreed to offer to Midpeninsula Regional Open Space District an exclusive right to purchase and Midpeninsula Regional Open Space District agreed to accept the exclusive right to purchase from Sempervirens Fund that certain real property owned by the Optionor as described in Exhibit "A" , attached hereto and made a part hereof. IN WITNESS WHEREOF, the parties have caused this Memorandum of Option to be executed as of the date of final execution hereof . OPTIONEE OPTIONOR MIDPENINSULA REGIONAL OPEN SEMPERVIRENS FUND SPACE DISTRICT BY: President, Board of Directors Date• ATTEST District Clerk Date EXHIBIT „A" SITUATE IN THE COUNTY OF SANTA CRUZ, STATE OF CALIFORNIA AND DESCRIBED AS FOLLOWS : ALL THAT PORTION OF LOTS 6 AND 7 AND THE EAST1/2 OF THE SOUTHWEST 1/4 OF SECTION 6, AND ALL THAT PORTION OF LOT 1 AND THE EAST 1/2 OF THE NORTHWEST 1/4 OF SECTION 7, ALL IN TOWNSHIP 8 SOUTH, RANGE 2 WEST, MT. DIABLO BASE AND MERIDIAN, LYING SOUTHERLY AND WESTERLY OF THE SOUTHERLY AND WESTERLY LINE OF STATE HIGHWAY 55-A, KNOWN AS SKYLINE BOULEVARD, AND LYING NORTHERLY AND WESTERLY OF THE NORTHERLY AND WESTERLY LINE OF STATE HIGHWAY 42-A, KNOWN ALSO AS STATE HIGHWAY 9 . APN: 88-221-04 I i I i I Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-91--47 (Meeting 91-11 April 24, 1991) REPORT April�l7, 1991 TO: Board of Directors FROM: H. Grench General. Manager SUBJECT: Action Plan Program Evaluation for 1990-1991 Fiscal Year Recommended Action_: Accept the program evaluation for the 1990-1991 fiscal year. Discussion: The Action Plan program evaluation for the 1990-1991 fiscal year is attached. For each of the District's programs and subprograms, staff has summarized progress made during the year for each key project and activity. The mid-year program evaluation material was presented at your November 28 and December 12, 1990 meetings (please see reports R-90-131 dated November 14 , 1990 and report R-90-146 dated November 29, 1990) . The usual format for the attached Action Plan program evaluation material has been modified. The modifications are intended to facilitate the Board' s review and to specify progress (or reasons for lack of progress) on each of the key projects and activities. Your feedback on the new format will be appreciated. R-91-47 Page 2 ACTION PLAN FOR THE IMPLEMENTATION OF THE BASIC POLICY OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FOR THE 1990-1991 FISCAL YEAR I. Open Space Acquisition Program II. Open Space Management Program III. Communications Program IV. General Management and Program Support i I Adopted by j Board of Directors I March 28, 1990 R-91-47 Page 3 OPEN SPACE ACQUISITION PROGRAM Subprograms A. Negotiations and Special Projects B. Enterprise To Implement the BASIC POLICY OBJECTIVE: The District will purchase or otherwise acquire interest in the maximum feasible amount of strategic open space within the District planning areas . General Program Emphasis for 1990-1991 The program' s emphasis will be to complete, as soon as possible, the acquisition of all open space lands funded for the District under Proposition 70. 0 The net amount of $8 , 865,000 in specified projects has all been spent as follows: Teague Hill $6 , 402, 500 Sierra Azul 2, 462, 500 Total 18 , 86-5,j1-0 00 The net amount of $968, 000 in per capita funds for expansion of District preserves has all been spent as follows : Sierra Azul $ 225, 373 Russian Ridge 742 , 627 Total $ 968 , 000 An accounting of the expenditures of the net amount of $985, 000 for the specified project of connections between District preserves and Castle Rock and Portola State Parks is as follows : Long Ridge $ 600 , 000 Deka Associates property acquisition recommended for approval 385, 000 Total $ 985, 000 The net amount of $131, 964 for the Roberti-Z 'berg-Harris Urban Open Space and Recreation Grant program for fiscal year 1990- 1991 is planned to be applied toward the purchase of the Cathedral Oaks property. R-91-47 Page 4 1990-1991 Negotiations and Special Projects Subprogram objective The objective of the Negotiations and Special Projects Subprogram is to provide for the acquisition of all real property rights necessary to secure a recreational greenbelt in the foothills and baylands, including rounding out and improving public access to existing preserves and connecting District preserves with other public lands . Key Projects and Activities 1 . Convert the budgeted funds in the New Land Commitments budget category into open space lands oundi �andjpp includipg roving public access to existing preserves and connecting trails at desirable prices, balancing the desirability of e o en la sition with the availability of limited funds, including, where possible, private finanp.�n _with favorable terms. 0 Rounding out: 798 acres for $2 , 397 , 000 ($3 , 005/acre) 0 Public access: 1 , 183 acres for 4, 580, 000 ( 3 , 871/acre) 0 Trail connections : 443 acres for 2, 419,000 ( 5, 458/acre) 0 Total 2, 424 acres for $9, 396, 000 ($_�87_6/acre). -T , 4 6 5, 0 0 0 0 owner financed: 0 Gifts and Grants : $1 , 146, 400 2 . Concentrate acquisition efforts on those parcels that will assist with completion of the Ridge Trail system within the District ' s sphere of influence. 0 Bar-Y - Long Ridge 0 McDonald and Harmon - La Honda Creek 0 Douglas and Shannon Murphy - Sierra Azul 3 . Work with Peninsula Open Space Trust to complete at least one acquisition project that significantly open space goals. 0 13 Redwood Park parcels 0 3 Saratoga Gap parcels 0 Phleger option 4. Seek and encourage agencies and groups to undertake sole or joint acquisition projects which will preserve additional open space, such as a joint project with the Town of Los Gatos. 0 Nature Conservancy Bargain Purchase - La Honda Creek 0 McNiel Cooperative Acquisition with Santa Clara County Sierra Azul 0 Save the Redwoods League Grant Purissima Creek R-91-47 Page 5 1990-1991 Enterprise Subprogram Objective The objective of the Enterprise Subprogram is to manage all the District' s revenue producing activities in such a way as to maximize income from enterprise accounts consistent with Open Space Management policies and to explore new compatible activities . Key Projects and Activities 1 . Administer all leases and rental accounts , updating rental rates and other lease conditions as opportunities arise, to maximize income consistent with Open Space Management policies . 0 An overall 11% increase in rents collected (excluding new leases) this fiscal year versus last fiscal year. 0 New acquisitions from Smith, Bechtel , and Barlow rented, for $36, 000 of additional annual income. 2. Carry out maintenance and improvements to rental houses to keep buildings and rounds in a safe, sanitary, and attractive condition and to increase net rental income. 0 Replaced roof on 3 bedroom unit at Saratoga Gap 0 Repaired water damage to door frame and siding at Skyline A-frame 0 Located engineer to design new well hook-up for Bean house at affordable fee 3. Prepare cost-benefit studies on a case by case basis as major repair, improvement and/or rental decisions arise. 0 Decision made to retain 140 La Honda Road, and necessary repairs completed R-91-47 Page 6 OPEN SPACE MANAGEMENT PROGRAM Subprograms A. Planning, Design, and Development B. Operations , Maintenance, and Volunteer To Implement the BASIC POLICY OBJECTIVE: The District will follow a land management policy that provides proper care of open space land, allowing public access appropriate to the nature of the land and consistent with ecological values . General Program Emphasis for 1990-1991 The emphasis of the Planning, Design and Development Subprogram for 1990-1991 is implementation of the resource management policies and the trail use standards . Continuing implementation of grant funded development projects is also a high priority. The focus of the Operations, Maintenance, and Volunteer Subprogram will be to operate under the adopted field operations procedures and to concentrate on increasing site resource protection, public use education, and patrol of District sites. The highest priority for the entire program will be to complete major grant funded capital improvement projects . Open Space Management staff will also assist in the planning and coordination of the 1990 International Open Space Conference. R-91-47 Page 7 1990-1991 Planning, Design, and Development Subprogram Objective: Provide short-term and long-range acquisition planning and the formulation and review of Use and Management Plans, as well as overseeing the physical implementation of capital improvements for public access and interpretation, and for resource management, master and other special plans. Key Projects and Activities : 1. Continue implementation of Board approved and grant funded public access improvements including trails , water system, toilets, and the interpretation center at Skyline Ridge Open Space Preserve. 0 Three trails and four parking areas completed at Skyline Ridge. 0 Skyline water system improvements started; to be completed by September 1991 . 0 Permanent toilets purchased in March; to be installed in June 1991 . 0 Alpine Pond Interpretive Center Agreement with POST finalized in December 1990. County permits were granted in March 1991 . Work commenced in April 1991 and should be complete by July 1991. Continue implementation of grant funded historic structure improvements at Picchetti Ranch area and other structure improvements at Rancho San Antonio Open Space Preserve. _0 The first Proposition 18 grant funded project completed in January 1991 at Picchetti Ranch area. The second grant commenced at the same time with architectural plans; construction to begin in May on the barn. The tenant continues with improvements on the other buildings. The Grant House implementation delayed by Santa Clara County Planning due to their request to complete a full Deer Hollow Farm use permit. An exception was allowed for the Grant House improvements and a permit issued in early April 1991 . Reconstruction to start in May 1991 . Complete the planning and commence implementation of parking areas and trails at Windy Hill Open Space Preserve. 0 Improvement plans formally submitted to the Town of Portola Valley in January 1991 . The town' s planning process delayed implementation. Implementation will not commence until full approval received, anticipated by the end of 1991 , and until efforts are made to fund the project through grants. F R-91-47 Page 8 2. Continue multi-jurisdictional planning projects for the Bav and Ridge Trails . Bay and Ridge Trail planning actively pursued by staff . District staff serves on the Bay Trail Project board, and another employee is a steering committee member of the Ridge Trail Council . Commence planning with San Mateo County on the access improvements at the Teague Hill Open Space Preserve. 0 Planning deferred due to low priority by the county to complete permanent parking facilities at adjacent Huddart Park, and District ' s low priority to commence access improvements . Conduct joint planning with Santa Clara County on Rancho San Antonio County Park, the Lexington Reservoir Plan, and on the Stevens Creek park connection with Monte Bello Open Space Preserve. 0 A program document for Rancho San Antonio County Park Master Plan adopted in November 1990 . Actual master planning continues; to be completed in May 1991 . 0 Planning for the Villa Montalvo-El Sereno-Sanborn connections completed in March 1991 . 0 Limited planning carried out for Almaden/Quicksilver, Lexington, and Stevens Creek park connections with District preserves . All three joint planning projects to be more actively pursued in 1991- 1992. 3. Apply adopted District-wide trail policies and guidelines to key trails and begin applying them to site specific Use and Management Plans. 0 Trail policies adopted in November 1990. 0 Guidelines to be finalized by Board committee and staff beginning in May 1991 . 0 Policies and guidelines will be formally incorporated into use and management plans commencing in fall-winter 1991 . Implement adopted resource management policies by incorporating priority of projects into the site emphasis and use and management plan review process. 0 Resource management policies drafted and to be presented to the General Manager for review in April 1991 . Review of the policies proposed as a Board study session in June or July 1991, along with a review of the sample resource management plan for Russian Ridge Open Space Preserve. 4. Take an active part in the 1990 International Open Space Conference. 0 Planning staff actively contributed to all aspects of the conference. R-91-47 Page 9 1990-1991 Operations , Maintenance, and Volunteer Subprogram Objective Provide responsible stewardship of all District lands by furnishing those public safety, maintenance, and resource protection services necessary and appropriate for effective management of District lands . Key Projects and Activities: 1. Draft a new five-year staffing plan for Board consideration that includes increased field staff deployment to cover open space stewardship needs and that address Open Space Management personnel support needs. 0 Draft staffing plan completed and forwarded to General Manager in November, 1990 for consideration in Strategic Plan for the Nineties . 2. Take an active part in the 1990 International Open Space Conference. 0 Field staff contributed to all aspects of conference. 3. Implement proposed changes in adopted field operation procedures . 0 Ranger field operations manual drafted and discussed with Local 715 in late fall. Implementation anticipated by the end of April . 4. Begin implementing adopted resource management policies and plans for specific high priority projects District-wide. Resource management policies drafted and to be presented to the General Manager for review in April 1991 . Review of the policies proposed as a Board study session in June or July 1991 , along with a review of the sample resource management plan for Russian Ridge Open Space Preserve. 1 R-91-47 Page 10 COMMUNICATIONS PROGRAM Subprograms A. Public Affairs and Education B. Organizational Relations C. Media Relations To Implement the BASIC POLICY OBJECTIVE: The District will educate and make clearly visible to the public the purposes and actions of the District, and will actively encourage public communications and involvement in District activities. General Program Emphasis for 1990-1991 The major emphasis of the first half of the year will be the coordination of the 1990 International Open Space Conference. The Communications Action Plan for 1990-1991 will continue to implement a new graphic and printed communications image for the District. 0 The 1990 International Open Space Conference was held September 22-26 and attended by 530 delegates. 0 Preserve brochures in the new design have been printed for Purisima Creek, Monte Bello (Page Mill Road Area) , Los Trancos, and Rancho San Antonio Open Space Preserves. R-91-47 Page 11 1990-1991 Public Affairs and Education Subprogram Objective The objective of the Public Affairs and Education Subprogram is to generate greater public awareness, involvement, and support of the District through a continuing campaign to inform and educate the constituency about the District's sites , program, and goals . Key Projects and Activities 1. Coordinate planning for 1990 International Ogen Space Conference. 0 The 1990 International Open Space Conference was held September 22-26. 2. Continue to implement new comprehensive graphic identity and printed image program for the District. 0 Business materials , including letterheads , envelopes, cards, etc. , four trail brochures, the Visitor' s Guide, and the Basic Policy brochure printed. Conference materials awarded a Certificate of Excellence at the 1991 California Park and Recreation Society conference. The logo and Fall 1990 issue of Open Space received Certificates of Merit in the Society' s Showcase Awards category. In December 1990, Board adopted a five-point plan to reach conclusion on completion of logo graphic design program for District vehicles , signs, and shoulder patches. A Board workshop (not yet scheduled) to be held as part of process. 3. Publish two issues of newsletter and two issues of Open Space. 0 One issue of Open Space (September 1990) and one issue of the newsletter (January 1991) printed. Conference work prevented work on other issues. 4. Prepare for public dedication event at Skyline Ridge Open Space Preserve to be held in Spring 1991 . Due to construction delays on nature center, dedication event moved into 1991-1992 fiscal year. R-91-47 Page 12 1990-1991 Organizational Relations Subprogram Objective The objective of the Organizational Relations Subprogram is to inform other public agencies and private organizations about the District and to secure legislation to protect the District ' s funding and otherwise aid in the accomplishment of the District' s goal . Key Projects and Activities 1. Accomplish or make significant Progress on priority items in District' s Legislative Program. 0 Successful on two of five "A" priority items and one of five "B" priority items. Very difficult legislative projects in a tight financial climate was the main hindrance to more success. 2. Produce 1990-1991 Annual Report as part of one issue of Open Space. 0 Published in September 1990. 3. Hold joint meetings with the Santa Clara and San Mateo County Parks and Recreation Commissions. 0 Joint meetings were not held with either group because of work on the conference. Commissioners were invited to the conference reception September 22, 1990. R-91-47 Page 13 1990-1991 Media Relations Subprogram Objective The objective of the Media Relations Subprogram is to inform the public as fully as possible about the District' s purposes and activities through news stories, features, and public service announcements in the press , and on radio and television. Key Projects and Activities 1. Write and produce news releases covering Board meetings, special meetings, District policies, docent walks, and volunteer activities for the public in accordance with the District' s policy statement regarding open information and cooperation. 0 Completed as ongoing work. 2. Publicize availability of District sites at a level consis- tent with the Board' s Policy for Relative Emphasis of District Sites. Completed as ongoing work. R-91-47 Page 14 GENERAL MANAGEMENT AND PROGRAM SUPPORT To Implement the BASIC POLICY OBJECTIVE: The staff of the District will administer the affairs of the District on behalf of the public so as to maximize accomplishment of the goals of the District within existing financial and other constraints. General Program Emphasis for 1990-1991 Implement approved organizational restructuring and related infrastructure requirements for 1990-1991 to increase public outreach and accommodate growing needs as an open space management agency. R-91-47 Page 15 1990-1991 General Management and Program Support Objective: The objective of the General Management and Program Support is to provide overall coordination, direction, and administrative base for all District activities so as to maximize the accomplishment of the Board ' s policies and directives . Key Projects and Activities : 1 . Oversee coordination of planning and organization for 1990 International Open Space Conference and involve Conference Committee and full Board of Directors as appropriate. Completed. 2. Implement approved changes for 1990-1991 in organizational structure and associated office space, including possible expansion of current office space or move to another facility. 0 Approved changes in open space acquisition staffing implemented. Strategic Plan for the Nineties drafted by General Manager; reviewed by management staff for input prior to full staff review and presentation to Board. 0 New office space purchased. Architects hired; space design underway; move anticipated in November 1991 . 3. Provide required functions for the election of District Directors in Wards 1, 2, 5 and 6. and familiarize any new Directors with the District ' s activities . 0 Completed. 4. Assess need and support for a local open space bond measure for acquisition and for development of access facilities . 0 Need and support assessed on on-going basis . Potential funding sources and timing explored. 5. If marketing conditions are favorable, market a new note issue for the acquisition of key open space parcels . 0 $15 million of twenty year notes and $10 million of thirty year certificates of participation were issued in late September. 6. Promote and enhance a work atmosphere conducive to generating a creative team staff effort, including increased R-91-47 Page 16 6. Promote and enhance a work atmosphere conducive to generating a creative team staff effort, including increased staff communications, and active staff involvement and participation in 1990 International Open Space Conference. 0 Active staff involvement in 1990 International Open Space Conference. 0 Consultant hired to conduct organizational improvement program for management, office staff, senior and supervising rangers . Open Space 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-91-48 (Meeting 91-11 April 24 , 1991) REPORT April 17, 1991 TO: Board of Directors FROM: H. Grench, General Manager PREPARED BY: J. Fiddes, Administrative Services Manager SUBJECT: Proposed Revision of the District ' s Performance Evaluation and Merit Pay System for Non-Represented Employees Recommended Actions: Approve, retroactively to April 1 , 1991 , the evaluation form; performance evaluation standards; and merit increase and salary administration system as presented in this staff report for the District 's non-represented employees. Background: In May 1979, as part of the Salary - Fringe Benefit and Personnel Systems Study, prepared by Foss and Associates, you adopted a revised salary pay plan concept and administrative guidelines; a work performance evaluation system and form; and a merit salary increase evaluation system (see report R-79-18 dated May 16, 1979) . The evaluation and merit pay system was modified for the District ' s represented employees as part of the April 1 , 1990 - March 31, 1991 agreement between S.E. I.U. Local 715 and the District. Based on the changes in the evaluation and merit pay system for represented employees, a non-represented employee staff committee was appointed to recommend changes, tailored after the system developed for represented employees (excluding management) . The committee members were Carleen Bruins, Administrative Assistant - Open Space Management; Annette Coleman, Supervising Ranger; Mary Gundert, Open Space Planner; and Jean Fiddes. Based on the anticipated changes in the evaluation system, staff requested in March, and you approved, the fallowing modifications in the salary ranges for all unrepresented classifications (see report R-92-36 dated March 22, 1991) : 1) Modification of the thirty point salary ranges to twenty-five point ranges by dropping the bottom five points of the ranges and eliminating the five-point Step B growth increase. The Step B growth increase was part of the merit salary increase evaluation system developed in 1979 by Foss and Associates. 2) Conversion of the five point Step A growth increase (part of the 1979 system) to an automatic five point increase at six months upon successful completion of probation for non-represented employees hired at the beginning of the salary range. Discussion: The elements of the revised performance evaluation and merit pay system for non-represented employees are as follows: R-91-48 Page 2 1) Evaluation Form (see attached Exhibit A) : Employees can be evaluated as Above Standard, Meets Standard, or Below Standard in, depending on the employee 's position, performance evaluation areas related to human relations skills , work habits, productivity and quality of work, supervisory skills, and field-related work performance areas. The form also provides for a supervisor to record progress achieved on established work goals; job strengths and accomplishments; specific work performance deficiencies or job behavior requiring improvement or correction; and specific goals or improvement programs to be undertaken during the next evaluation period. 2) Evaluation Standards: (See attached Exhibit B) : These performance evaluation standards were developed by the evaluation committee and have been reviewed and commented on by the District ' s non- represented employees. The evaluation standards are guidelines for supervisors to use when evaluating employees ' performance. They are intended to provide supervisorial consistency in evaluating performance and completing the performance evaluation form. 3) Timing of Evaluations: Employees will normally have one interim evaluation and one merit evaluation in a given twelve month period. Employees will receive interim progress evaluations (not tied to potential salary adjustment) after twelve months of service and every twelve months thereafter when hired at the beginning of the salary range. Merit evaluations will be conducted after eighteen months of service and every twelve months thereafter (unless there is an adjustment in an employee ' s evaluation date) until the employee reaches the top of his or her salary range. 4) Merit Increases: Employees with meets standard performance at the time of their merit performance evaluation will receive a five point increase. A meets standard evaluation is one in which no more than three areas of performance are rated below standard. If more than three areas of performance are rated below standard, an employee would receive a below standard evaluation and remediation would be required. 5) Consecutive Below Standard Ratings: Below standard ratings in the same area of performance that are consecutive (two in a row, both interim and merit evaluations considered) could result in an employee being placed on a more frequent evaluation schedule to address and improve the employee' s below standard work performance in the rating area (s) . These special evaluations would be limited to the performance area (s) rated below standard. 6) Remediation Process: In the event of an overall below standard performance evaluation, the employee shall be in remediation. The purposes of remediation are 1) to give the employee and the supervisor an opportunity to work together on correcting performance deficiencies identified in the evaluation, and 2) to give the employee an opportunity to achieve a meets standard rating. A. The period of remediation shall be no longer than nine (9) months from the original evaluation date. R-91-48 Page 3 B. Employees on remediation will be reevaluated three (3) months , six (6) months and nine (9) months (if necessary) following the original evaluation date. C. If any of the evaluations listed in "B" above result in a meets standard evaluation, the employee would receive a five-point merit increase effective the date of the evaluation. The employee ' s evaluation anniversary date would be adjusted to the date of that latter evaluation. D. Failure to attain a meets standard evaluation within the nine month period could result in more serious action, including discipline. 7) Successful Completion of Probation As noted at the beginning of this report, non-represented employees hired at the beginning step of the salary range would receive an automatic five point increase at six months assuming successful completion of probation. As stated in the Personnel Policies and Procedures Manual, adopted by the Board of Directors on January 22, 1986, in the event a longer period than six months is necessary to demonstrate an employee' s qualifications, the probationary period may be extended. However, no probationary period shall be extended beyond nine months from the date of an employee ' s appointment. Exhibit A PERFORMANCE PALUATION FORM TYPE OF EVALUATON: 0 FROSATIONAR 0 INTERIM 0 ANNUA. O REMEDATON EMPLOYEE POSITION REV E�+EO cY DATE OF REb"E'N CA OF LAST RENEW DATE GUE SECTION A-immediate superriscr must check each rated area of performance in the appropriate cclumn that best describes the employee's performance. Any rated area of performance scored below standard or above standard requires a comment in the COMMENT section,. HUMAN RFLATIONS SKILLS � -} COMMENTS Works effectvel with co-workers .... .... .... .............................................................................................. . Works effectively with supervisor ......... .............................................................................. .............................................................................................................. Workseffectively with the public and/or others ......................................................................................................................................................................................... WORK NABITS Safe work pracf ces Attendance ........................................................................................................................................................................................................................ Punctuality .. .... .... ................................................................ Cemprance wi,F rules,regulations,R'qct ........................................................................................................................... enforcementprocedures ........................................................................................................................................................................................................................ Dress appropriate to iob classification/uniform standard Careand appropriate use of equipment/vehicle/radio .... .... .... ........................................................................................................................................................................................... Performs with minimal supervision;works independently .... ... ... .................................................................................................................... . . Follows instructions Exercisessound judgment in decision- .... .... .... ........................................................................................................................................................................................... making and problem schrng Adapts to charge ................................................. PROOUCTNITf&OUALITt OF WORK — Productiviay ........ ........ ............................................................................................................................................................................................. Effectiveoral&written communication s0s :...................:................................................................................................................................................................................................. Ouatityof final product ........ ........ ........ ............................................................................................................................................................................................. Effective time management ... ... ................................................................................................. Seeks direction when appropriate .... ... ...................................................................................... Proiedmanagement ... ......................................................................................................................................................................................... Shows'snitia6ve Demonstratescreativity .................. ...................................,....................................... .,.................................,.....,.,...................,..............,....,,..... Other skills,knowledge or special projects specific toposition ..........................................................................................,................................................................................................ FOR FILL D PSiSONNEL ONLY Meets fitness requirements of the job Maintenance skills Knowledge of Dstrict land and surrounding areas ... ..................................................................................................................................................................... .......................................................................... Generalknowledge of natural and site history ..............................................................................................................................................,.... ....................,......... ... .. .. .. ... ...... ......................,,........... Performance in emergency situations ... .... ... .......................................................................................................................................................................................... Certificateupdating .... .... .... ....................................................................................................................... . Participatesin and utilizes staff training programs ...................................................................................................................................................................................................................... SUPERVISORY SKILLS REONEO FOR SUPERVISORY PERSONNEL Establishesclear priorities and work plans ........ ........ ........ ............................................................................................................................................................................................ Delegateseffectively ... ............................................................................. ........................ Maintains a safe working environment .... .... ....................................................................................................................................................................................... Sets good example Encourages group participation and cooperative atmosphere ........ ........ ........ ............................................................................................................................................................................................ Ensures adherence to policies,rules,and regulations .......................................................................................................................................................................................... i SECTION S RECORD PROGRESS ACHIEVED ON ESTABt'S'cD WORK GO-: SECTOir C RECORD JOB STRENGMjACCOMPuSHMc7jS SECTION D RECORD SPECIFIC WORK PERFORMANCE DRICIENCIES OR JOB BOJAVIOR REQUIRING IMPROV TVJCORREC"ON SECTION E RECORD 5FECIRC GOATS OR IMPROVEMENT PROGRAMS TO BE UNDERTAKEN DUPING NEXT EVALUATION FERIOO SECTION F OVERALL EVALWON Carries Out duties and responsibilities of the position. Does not carry out duties and respon511 es of the position. Meets standard performance evaluation (no more than Me � Below standard performance evaluation(more$an three areas of areas of performance rated below standard), Five point increase performance rated below standard). Remediation required, if merit performance review. SECTION G EMPLOYEE COMME0(Attach additional sheel if necessar I SIGN OFF. Evaivalor's Signature Date: I certify that this performance evaluation has been discussed with me. I understand fat my signature does not necessanly indicate agreement. Employees Signature Date: REVIEWED BY: Frogram leader's Signature Date: ROLMNG:(after ccmptelion of above sign-off and renew section) 1. Administrative Sewices Manager for processing: _Payroll; _Employee's Personnel RIe; _Employee's Copy - , Exhibit B Open--� —or--- � ----------------------------- MIDPENINS0KA REGIONAL OPEN SPACE DISTRICT PERFORMANCE EVALUATION STANDARDS 4/3/91 HUMAN RELATIONS SKILLS Works Effectively With Co- VVorha cooperatively vvbh �u- Well-respected. Maintains � | ex- Workers workers and contributes oeUent working relationships with � positively to department and oo-vvorkern. Consistently coop- District team work effort. Co- eradive and positive team player. operation-teamwork exhibited. Emerges or viewed as a teem | � Maintains satisfactory working leader. relationships with co-workers. | Works EffeoUve/yvvithSupervisor Works with supervisor in pro- Sought out for assistance. VVeU- / � fese|ona| andcqppersdivemnan- respected. Shows initiative � ner. Interacts with supervisor to interacting with supervisor to promote productive, c|earcom- promote productive, clear � ! muniomUon. Accepts supervision communication. vWUingk/. Maintains satisfactory working relationships with auper- viaoro/mmnagera. | Works Effectively with the Public Works effectively with members Acknowledged aaanoutstanding and/or Others of the public,other public agency District representative.Takes the � | represent atives . other time and puts inan extra effort to pmofmsa|wna|s.vn|untmeru"and/or bea District representative. | others in u courteous , professional and helpful manner. WORK HABITS Safe Work Practices Consistently observes safe work | � practices; adheres toprescribed � � safety manual procedures. � Attendance Occasional absences. Use of ' � sick leave does not exceed 7 occurrences per year (excluding medical and dental | | appointments). � Punctuality Reports to work on time and is � ready tm begin work ontime. On � time to appointments and scheduled meetings . � � 4/3/B1 � � MEETS STANDARD A"".ES.,nvuAnu WORK HABITS(CONTINUED) Compliance With Rules, Consistently complies with Regulations , Distr|ct established rules and regulations Enforcement Procedures |nc|ud|wQ, but not limited to, � Personnel Policies and � Procedures, field operations manuals and procedures. Dress Appropriate to Job Dress appropriate to position and C|assificmUon/UniformStmndard level-frequency of interaction � with members of the public. � Adheres to uniform standards � (field staff). Care and Appropriate Use of Useeequipment' mshic/es. msdio, � Equipment/Vehicle/Radio tools for proper purpose. When � necessary,performs orrequests preventative maintenance. Basic � knowledge of vehicle systems so malfunctions can berecognized; operates vehicle in safe and prudent manner in accordance with recognized vehicle and District operating standards. Performs With Minimal Performs assignments with � Supervision ; Works minimal supervision based on � Independently expected level of ahiUa and � knowledge appropriate h» years � of service. � Follows Instructions Carries out duties and � instructions in a professional manner. Seeks clarification when necessary. Exercises Sound Judgment in Reasonable assessment of Ueo|5ion-k4ahing and Problem situations prior to making Solving deo|siona, taking into account District rules, regulations, policies, and 'established department procedures. Adapts toChange Willingness to accept and Accepts change eagerly. implement change. Extremely helpful|nimplementing change among oo-*/orkena. ' - 4/3/S1 ..EE.~ ~.~.="`D Aowvc o/mvu*nu � PRODUCTIVITY& QUALITY OF WORK � � Productivity Quantity of work meets normal Quantity of work nonsist consistently � requirements of the 'ob. exceeds job requirement. High � Consistently completes level of skills under pressure. mso0inmenta. Performs Can be relied upon to help others. � smtisteotohk/~ under pressure. � . Occasionally helps others. Effective Oral & Written VVbh|n the scope and level of � Communication Skills assigned position, demonstrates verbal and written ahi||s � necessary to communicate effectively with others. � Quality of Final Product Accurate, orderly, and complete. Consistently accurate,thorough, Seldom makes errors, and precise.Work rarely requires � rework/revision. Qualified to reviewworhof others. Committed to excellence. | Effective Time Management Schedules work appropriately to Very efficient use o[time. Helps � accomplish work assignments in others to prioritize and manage the prescribed time. Plans time. workday to gain efficiencies of � effort. Exhibits good use oftime. � Seeks Direction When Seeks direction from supervisor Appropriate when appropriate. Project Management Well organized. Plans work Efficient organization in planning � appropriately. Provides for stages of work. Able to � supervisor with accurate and manage multiple projects. timely reports on assigned projects. Effectively manages assigned budgets. Shows Initiative Exhibits willingness hocomplete Puts forth extra effort on asa/gnedtasha. Self-directed. assigned tasks. Often devises innovative approach to achieve goals. Demonstrates Creativity (Cannot be be/ow standard). Consistently anticipates Demonstrates creativity in problems and responds with identifying and solving problems. innovative or exceptional Initiates innovative ideas with solutions. practical applications. Other Skills, Knowledge, or TO BE IDENTIFIED FOR EACH Special Projects Specific to POSITION ASAPPROPRIATE Position 4/3/S1 MEETS STANDARD FOR FIELD PERSONNEL ONLY Meets Fitness Requirements of the Job Physically capable of performing all required assignments. Passes prescribed fitness taud according to District policy. � Maintenance Skills Demonstrates well-rounded basic skills and knowledge in completing assigned tasks. Knowledge wf District Land and Surrounding Areas Acquires and retains knowledge nf District lands and facilities consistent with years of service. Using District maps, can locate ingress, egress, gates, and trail system of all District lands. Knows roads, trails, � access points, visitor use patterns, and approximate � boundaries |n assigned geographical area, � � General Knowledge wf Natural and Site History Acquires and maintains knowledge of adjacent private /mnda. nearby parks and other public service � � � consistent with years of service. Provides information � bo visitors amappropriate. Performance in Emergency Situations Performs inan emergency situation |nmprofessional manner following District procedures. Works effectively with other emergency responders. � � Certificate Updating Maintains minimum certification required ofposition, � � Participates in and Utilizes Staff Training Programs Attends and participates in productive manner in � District training programs. Applies basic � mhiUs/oonceptofromtnsiningprognmrnmtothedut/es � . and responsibilities mf the position. � � � � � � � � � � � � � _ ' 4/G/B1 SUPERVISORY SKILLS(REQUIRED FOR SUPERVISORY PERSONNEL) MEETS STANDARD ABOVE STANDARD _ _ Establishes Clear Priorities and Sets and maintains clear priorities Works effectively | Work Plans employees mndwo�rhp/mnaforeubordinades toestablish —' —^' ' pnoWdemdearpriorkvgu|de|in�s' Qoam. Encourages " . employee action plan/work plan development. Delegates Effectively Makes good use of personnel Makes optimum use nfpersonnel. � resources . P rn nn ot�s Continually U on y develops otaff's subordinate growth. skills. Maintains a Safe Working Monitors working conditions to Excellent efforts to maintaincnv/nonment maintain m safe work safety. Promotes regular eafe` � | environment. training. K4onhonsvvorkp|ace.- | ` Sets Good Example Demonstrates good work habits. Inspires subordinates toachieve Consistently maintains level of fullest potential. Demonstrates performance for subordinates tm exemplary work/leadership ! emulate._ . skills. � Encourages Group Participation Is a team leader. Promotes Develops a spirit of teamwork. � � and Cooperative teamwork and Acknowledged by staff ' � ' leader. � � � � � � | � | � ! | \ � � | � Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: H. Grench, General Manager DATE: April 24 , 1991 SUBJECT: F. Y. I . I HENNEPIN April 7, 1991 PARKSHerbert A. Grench, General Manager, and David W. Hansen, Land Manager Midpeninsula Regional Open Space District Suburban Hennepin 201 San Antonio C4 cle, Bldg C-135 Regional Park District Mountain View CA 94040 12615 County Rood 9 P O.Box 47320INDear Herb and Dave, Plymouth,MN 55447-0320 Telephone(612)559-9000 Fax(612)559-3287 On behalf of my Park District and myself I thank you and your crew for what you all helped me learn through your Board of Commissioners hosting of the Friday supplement for Special District Forum Judith S.Anderson attendees. You gave me so much, and I want you to know I am Chair Bloomington very grateful . Nicholas P.EoION Vice Brooklynoir center You may wonder what I learned. Here's a small sample: Susan Nelson Baser Crystal First of all, that when a day is as well planned as you Shirley A.Bonine planned and hosted this one, a newly elected public servant Maple Plain David J. lain wskl on a regional park board (such as I am) can immensely enjoy St.Louis Park learning a lot -- including how to lease out a winery! BIII Weir Edina Secondly, that a regional open space district can indeed win James M.Orono White the support of the electorate/taxpayers -- through delivering excellent stewardship of public lands, and then very wisely Douglas F.Bryant neutralizing possible opposition and earning endorsements to Superintendent& SBCretaryto the Board acquire more. Thirdly, that you can really do it right right away with the help of Director Kay Duffy, Communications Coordinator Mary Hale, Communications Secretary Jo Combs, Open Space Planner Mary Gundert, Associate OS Planner Sheryl Cochran, Supervising Ranger David Sanguinetti, AA Carleen Bruns and, last but not least, your AGM (the infamous Home Wrecker! or is it Restorer?) Craig Britton. My memory hank is Loaded with an array of new software and data ready to work on the problems and the opportunities that Commissioner Shirley Bonine and I will deal with in the years to come on our Hennepin Parks [& Open Space] Board. Deep appreciation to you and yours, Sincerely, JgBill Weir 6904 Ridgeview Drive �— Edina MN 55439-1431 i99i• 612 941-5360 Year of the Wetlands in Hennepin Parks RECYCLED PAPER - Conserving Our Resources Open Space - ------------ MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April 16 , 1991 NOTE: This replaces letter of April 11 Identical letter sent to : State Senators R . Morgan & D. McCorquoda16 Honorable Alfred Alquist State Assembly Members B . Sher California State Senate D . Cortese State Capitol C. Quackenbush Sacramento, CA 95814 T. Lempert J. Spier Dear Senator Alquist : On behalf of the Midpeninsula Regional Open Space District , I would like to extend my personal invitation for you to join me and our Board member Teena Henshaw at the annual California Park and Recreation Society Legislative Breakfast , Wednesday, May 8 , 1991 . The breakfast will begin at 8 :15 a.m. at the El Dorado Room of the Sacramento Community Center. This annual event brings together California park and recreation Professionals and commission members and their legislators to discuss legislative issues of importance to our communities . Issues we will discuss include regional planning, new and proposed regulations , bonding requirements , and the impact of the state budget on local agencies . I would be pleased if You or your aide could join us for this year ' s Legislative Breakfast as guests of CPRS . I know there will be others from our district as well who would also enjoy meeting with you. I look forward to seeing you on May 8th. We will be contacting your Sacramento office next week to confirm your availability. Sincerely, Herbert Grench General Manager HG:ej cc: R. Heim, SRJ Jackson, Barish & Associates 201 San Antonio Circle,Suite C-1 35 • Mountain View,California 94040 - Phone:(415)949-5500 FAX:(415)949-5679 Open Space ------------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April 12, 1991 Antonio Rossman Attorney at Law 380 Hayes Street San Francisco, CA 94102 i SUBJECT: Your Request to Hold Stanford Centennial Run on Windy Hill Open Space Preserve Dear Mr . Rossman, t Wednesday, the District ' s Board of At its regular meeting last y, Directors reviewed your March 29 letter to Nonette Hanko regarding the Centennial Run. As the District' s Land Manager, I am replying 'on the Board' s behalf . We are supportive of your request to use the proposed routes on Windy Hill Open Space Preserve for the September 22 event. We will issue a use permit to you for the run, contingent upon the following requirements . 1) Flagging should be used to mark the trail, not chalk. All flagging must be removed after the run. 2) A portable toilet must be provided at the aid station on Skyline, which would be removed within a week following the event. 3) An insurance binder must be provided in the amount of $1 , 000, 000, naming the District, its Board, employees and agents as additional insured. 4) Temporary signs should be placed at the Skyline Boulevard and Alpine Road entrances, informing other preserve users about the event: 5) Because the District currently has a special use permit application before the Town of Portola Valley for our use and development of Windy Hill Open Space Preserve, we ask that you obtain approval from the town staff to hold the run. Uses of the preserve are also stipulated under our development agreement with the town. Because of this , our Board feels the town should approve the event before we give our final approval. I suggest that you call George Mader, the town planner, at (415-854-6110) as a first step. l 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:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard 8ishop All but number 5 of the above are standard requirements of any organized run held on District land. Thank you and good luck with your event. If these conditions are acceptable to you, please telephone me and I will begin processing the permit. �Sinc rely, L U David Wm. Hansen Land Manager DWH:kh cc: Board of Directors George Mader, Town of Portola Valley 'i �.1 g. if i a r k f , Palo Alto Begins a New Decade 1990 ANNUAL REPORT TO THE COMMUNITY CITY OF PALO ALTO Sharing Our Successes The City of Palo Alto has worked to establish facilities that respect municipal resources and bring pleasure to the community.In 1990,the City found noteworthy ways to share information about exemplary programs and facilities with other municipalities. Celebration of Public Golf Conference Palo Alto's Municipal Golf Course was the most popular public course in the Bay Area last year. Despite heavy play,the course has also been recognized for its attractiveness. The Celebration of Public Golf Conferencetta was held in April to share Palo Alto's successes in golf .Z course management with representatives from all over the western United States. Golf courses are attractive to municipalities because they generate revenues,preserve open space and enhance quality of life. City of Palo Alto staff was joined by Grant Spaeth, President of the USGA,and PGA professional Tom 0 Weiskopf who delivered the keynote address. Thirty a. other speakers from around the country addressed m issues such as water management,land acquisition,risk ° assessment and environmental concerns. The conference was such a success it has been The open space of Foothills Park provides a respite in the added to the permanent annual calendar of the Califor- busy lives of Palo Altans. nia Park and Recreation Society conferences. 1990 International Open Space Conference Palo Alto was the site of the 1990 International Open Focusing on the Environment Space Conference which was hosted by the Midpeninsula Palo Alto displayed its commitment to the environ- Regional Open Space District. This September event ment with a number of special events in 1990. attracted open space officials from nations beyond the Pe pEarth Day 1990 made its international headquarters United States,including England,Canada,New in Palo Alto.The City sponsored a broad range of Zealand,Japan,Taiwan,Gambia and Costa Rica. activities,including reading programs at the libraries,a The conference recognized Palo Alto as a municipal special conference on maintaining undeveloped lands pioneer in the open space movement. The City has in cities called Wild Within the City,an exhibit entitled 3 been acquiring and preserving open space for seventy Artists Respond to the Environment displayed by the years and the Baylands is one of the largest city-owned Cultural Center,and a Happy Earth Day Party at the salt marsh preserves in the country. Foothills Park and Baylands complete with Earth Day cake. Arastradero Preserve comprise another 1900 acres of Beat the Back Up,a September parade and rally, open space,and Palo Alto's two Interpretive Centers at drew attention to alternative transportation and brought the Baylands and Foothills Park provide unique City of Palo Alto Recreation Special Events a leadership information,instruction and natural history resources. award from KPIX and the Santa Clara County Trans- Neighbors Abroad portation Agency. Two hundred and fifty marchers Palo Alto's sister city organization,Neighbors and more than 50 examples of alternative transporta- Abroad,works to promote international friendship and tion,including skaters,creatively outfitted bicycles and cooperation with each of Palo Alto's four sister cities. A electric and solar powered cars,made their way down project underway is a new children s library in Palo, University Avenue to a rally at City Hall Plaza. Local Philippines. The project began in 1988 with a donation companies Varian,Hewlett-Packard,Alza,and Xerox of books from Palo Alto children and continues to grow and the Palo Alto Medical Foundation were recognized through the efforts of Neighbors Abroad. This year the by the Mayor as making a significant difference in the organization will sponsor a trip to Palo by the supervis- campaign for better commute alternatives. ing librarian from Palo Alto's Children's Library,so that The Baylands CIean Up Day in June brought together she may share her hands-on experiences. groups of volunteers from Palo Alto and East Palo Alto. Neighbors Abroad coordinated assistance during School children,community service groups and 1990 to a reforestation project in Oaxaca,Mexico. Tools, residents of both cities pitched in for a day of trash professional guidance,and technical advice provided collecting and a big barbecue lunch. More than 20 tons by residents of Palo Alto are fostering a project vital to of trash were carted off in 1990,and it is hoped that the the ecology of the Oaxaca Valley. 1991 event will be as successful. If you would like to participate,Baylands Clean Up Day is April 20. Call 329-2380 for more information. 14 Claims No. 91-08 Meeting 91-11 Date: A=. 24, 1991 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description --------------------------------------------------------------------------------------------------- 556 888.56 Alves Petroleum, Inc. Fuel 557 1,797.60 Birnie Lumber & Fence Company Redwood Posts 558 69.02 Ruth Blanchard Private Vehicle Exoense 559 832.'50 Louis Bordi Grading 560 84.98 Carleen Bruins Private Vehicle Exoen- se 561 195.00 University of California Registration--Lauren McGuire 562 136.54 California Water Service Water Service 563 61.14 Clark's Auto Parts Vehicle Parts 564 172.00 Sheryl Marion- Cochran Reimbursement--Permit Fees 565 665.32 Emergency Vehicle Systems Radio Equipment and Installation 566 41.51 John Escobar Reimbursement--Field Sur)Dlies 567 692.31 Farrelle Communications Radio Eauirment 568 250.00 First American Title Insurance Title Policy Ccmr,any 569 189.25 David B. Fisher Legal Services 570 24.74 GTE California Directory Listing 571 233.76 Herbert Grench Reimbursement--Local and Out-of-Tovzi Meeting Expense 572 12,320.13 Hawley Peterson and Snyder Architectural Services 573 315.00 Honeywell Protection Services Burglar Alarm Maintenance 574 100.00 La Honda Vista Water Company Water Service 575 250.00 June Legler Honorarium--Docent Training Class 576 60.00 Lauren McGuire California Trail Days -Refreshments 577 1460.95 Meyers, Nave, Riback & West Legal Services 578 1,372.50 Charles H. Montange Legal Services 579 41.01 Nornev's of Mountain View Office Suaolies; 580 34.53 Northern Energy Propane Gas 581 313.58 Office Club Office Supplies 582 1,360.49 Orchard Supply Hardware Field Supplies 583 256.00 Pacific Gas & Electric Ccmcanv Utilities 584 2,676.43 Page & Turnbull, Inc. Architectural Services 585 128.75 Loro Paterson Reimbursement--Field Supplies 586 48.28 Pitnev Bowes, Inc. Postaae Meter Rental 587 8.66 Precision Engravers, Inc. Namebadges 588 500.00 Renfro Roofing Company Repairs 589 985,000.00 Redding Title Ccmueny Land Purchase--Deka 590 36,864,450 Restrocm Facilities Corporation Restrooms 591 821.89 Rov's Repair Service Vehicle Repairs 592 480.49 S & W Equiument Ccmuany Ecuiument Repairs 593 387.50 Jane Saltman Consulting Services 594 60.00 San Mateo Times Newspaper Group Subscriotion 595 687.12 Santa Clara County Sheriff's Patrol Services Demartment 596 5,200.00 E. R. Sheehan Consulting Services and Equipment Rental 597 136.85 Shell Oil Company Fuel 598 254.01 John Shelton, Inc. Culverts­ 599 234.15 Siegal and Associates Training Video *Emergency check issued on April 18, 1991. Claims No. 91-08 Meetina 91-11 Date: Apr. 24, 1991 REEVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description -------------------------------------------------------------------------------------------------- 600 1,900.00 George Sipel Associates Salary Survev 601 62.00 Smvthe Buick Vehicle Repairs 602 5,100.00 William Spangle and Associates Master Plan Revision 603 2,389.13 Spencer and Associates Consulting Services 556 111.17 Standard Brands Paint Company Paint 557 1,530.83 The Steinberg Group Architectural Services 558 792.65 Tryog and Trygg Newletter Printing and Brochure Artwork 559 664.08 The Vtbrkingman's Emporium Uniform Expense 560 9,328.14 Whitmore, Kay and Stevens Legal Services 561 18.00 Wordperfect Magazine Subscription 562 1,397.02 Yardbird Equipment Canpany Field Eauinment 563 54.72 Deborah Zucker Private Vehicle Expense 564 90.89 Fry"s Electronics Canputer Supplies 565 294.67 Pettv Cash Express Mail, Office and Field Supplies, Film and Developing, Local Meeting Expense and Private Vehicle Expense I