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HomeMy Public PortalAbout19911113 - Agenda Packet - Board of Directors (BOD) - 91-35 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meetinq 91-35 REGULAR MEETING BOARD OF DIRECTORS A G E N D A 7: 00 P.M. 201 San Antonio Circle Wednesday Building C - Suite 135 November 13 , 1991 Mountain View, Calif . (7 :00) * ROLL CALL CLOSED SESSION (Litigation) (7 : 15) APPROVAL OF MINUTES (October 2, October 9, October 23, October 28 , October 29, and November 5, 1991) WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS -- Public** ADOPTION OF AGENDA BOARD BUSINESS (7 :25) 1 . Status of Las Pulgas Community Development Project - City of Menlo Park - N. Grench (7 :30) 2. Proposed Additions to Purisima Creek Redwoods Open Space Preserve - C. Britton Resolution Accepting Gift of Real Property and Authorizing Execution of Certificate of Acceptance with Respect Thereto (Purisima Creek Redwoods Open Space Preserve - Lands of the Estate of Philip Wooster, Deceased) Resolution Approving and Authorizing Acceptance of an Agreement to Exchange Interests in Real Property, Authorizing Officer to Execute a Deed for the Real Property Being Released, Authorizing Officer to Execute Certificate of Acceptance of Grant to District and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing the Transaction (Purisima Creek Redwoods Open Space Preserve - Lands of Gazzano) 201 San Antonio Circle,Suite C-135 . Mountain View,California 94040 v 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 Bishop (7 : 50) 2 . Proposed Addition of Slate Creek 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, Authorizing Officer to Execute Grant of Restriction with Covenants , 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 Landre et al . Parcel One) 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 (Long Ridge Open Space Preserve Lands of Landre et al . - Parcel Two) Resolution Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, Authorizing Officer to Execute Grant of Restriction with Covenants , 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 Landre et al . Parcel Three) 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 (Long Ridge Open Space Preserve Lands of Peninsula Open Space Trust) (8 : 10) 4 . November 20 Workshop Discussion - H. Grench (8 : 30) *** 5. Resolutions of Appreciation for Support of Senate Bill 164 - H. Grench Resolution in Appreciation to Senator Henry Mello for Authoring Senate Bill 164 , An Act Relating to Open Space Resolution in Appreciation to Supervisor Dianne McKenna for Support of Senate Bill 164 (Senator Henry Mello) , An Act Relating to Open Space 6. Final Adoption of the Preliminary Use and Management Plan for Ringo et al . Property Addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve - N. Hanko 7 . Rescheduling of December 25, 1991 Regular Board Meeting - N. Hanko 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. II 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 The Budget Committee will meet Wednesday, November 13, 1991 beginning at 6:30 P.M. at the District office. The purpose of the meeting will be to discuss 1992-1993 budget preparation. The Trail Use Committee will meet Tuesday, November 19, 1991 beginning at 7:30 P.M. at the District Office. The purpose of the meeting will be to continue developing Trail Use Guidelines. RESCHEDULED NEETTNG The November 27, 1991 Regular Meeting has been rescheduled because of the Thanksgiving holiday. The second regular Board meeting for the month of November will be November 20, 1991 beginning at 7:30 P.M. at the District Office. Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-91-132 (Meeting 91-35 November 13, 1991) REPORT November 6, 1991 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Status of Las Pulgas Community Development Project - City of Menlo Park Recommended Action: The recommended action is not known as of the writing of this report. Negotiations with the City of Menlo Park regarding the District 's property tax allocation from Las Pulgas Community Development Plan are continuing. Discussion: At your meeting of October 23 , 1991 it was reported to you that negotiations were continuing with the City of Menlo Park for a mutually acceptable allocation of a portion of the District ' s contribution to the tax increment from the Las Pulgas Community Development Project (see report R-91-125 dated October 17 , 1991) . You may need to take action relating to the District ' s position in this matter at your November 13 meeting. Staff will be continuing the negotiations between now and .next Wednesday; therefore, no recommendation can be made at this time. Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-91-128 (Meeting 91-35 November 13 , 1991) REPORT October 30 , 1991 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager SUBJECT: Proposed Additions to Purisima Creek Redwoods Open Space Preserve Recommended Actions : 1 . Adopt the accompanying Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Accepting Gift of Real Property and Authorizing Execution of Certificate of Acceptance with Respect Thereto (Purisima Creek Redwoods Open Space Preserve - Lands of the Estate of Philip Wooster , Deceased) . 2 . Adopt the Accompanying Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving and Authorizing Acceptance of an Agreement to Exchange Interests in Real Property, Authorizing Officer to Execute a Deed for the Real Property Being Released, Authorizing Officer to Execute Certificate of Acceptance of Grant to District and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing the Transaction (Purisima Creek Redwoods Open Space Preserve- Lands of Gazzano) . 3. Tentatively adopt the Preliminary Use and Management Plan recommen- dations contained in this report, including naming the property as an addition to Purisima Creek Redwoods Open Space Preserve . 4 . Indicate your intention to withhold the four easternmost parcels from dedication as public open space at this time and indicate your intention to dedicate the remaining parcel as public open space . Introduction The trustees of the estate of Philip Wooster have offered the Midpeninsula Regional Open Space District a gift of one parcel comprised of two "lots" of land in the Redwood Park subdivision. The land is adjacent to the Purisima Creek Redwoods Open Space Preserve. R-91-128 Page 2 Mr. and Mrs . Richard Gazzano have offered to exchange four parcels , comprising five "lots" in order to receive title to two parcels , comprising two "lots" of District land adjacent to their homesite. The District currently owns approximately 78 acres (approximately 2 , 000 lots) of the 180-acre subdivision tract; the remaining portion of the subdivision is privately owned. most of the District-owned lots were received from San Mateo County (see report R-89-106 , dated July 3 , 1990) . Most of the privately-owned parcels are undeveloped. 1 . Property Identification Property owner: The Estate of Philip Wooster , deceased Size: 0 . 11 acres (approximately) Property owners : Richard E. and Christina C. Gazzano Size: 0 . 38 acres (approximately) District parcel size: 0 .24 acres (approximately) 2 . Location and Boundaries (see attached map) Regional setting: Located in the Kings Mountain area of the Santa Cruz Mountains Road access : Skyline Boulevard and Ridge Road Nearby public lands: Purisima Creek Redwoods Open Space Preserve surrounds the parcels , Huddart County Park is located east of Skyline Boulevard Nearby landmarks : Kings Mountain fire station on the east side of Skyline Boulevard 3 . Topography and Hydrology Prominent topographic features : Located in the steep canyon of No Name Gulch Elevation range: Subdivision ranges in elevation from 1 , 200 feet to approximately 1, 800 feet Slope steepness: Steep to very steep slopes Slope exposure: Primarily south-facing slopes Watershed: Unnamed annual stream flows westward through subdivision, draining into Purisima Creek R-91-128 Page 3 4 . Geology and Soils Soil classification: Hugo-Butano-Josephine association, 30% to 70% slopes 5 . Flora and Fauna Plant communities : Mixed forest at higher elevations , yielding to redwood forest in the canyons Dominant flora: Tanbark oak, madrone , and Douglas fir in drier areas; redwoods in deeper part of canyon Common fauna: Deer , numerous small rodents , and birds 6 . Visual _Qualities Viewshed: Portions of the subdivision form the backdrop to Soda Gulch Trail 7 . Existing Use All parcels are undeveloped. 8 . Planning Considerations Political boundaries : Unincorporated San Mateo County Zoning: Resource Management (RM) for all of the parcels with the exception of the two eastern parcels . They are zoned residential (Rl-SlO) . Master Plan rating: Medium ranking for composite open space resource value Use and Management Plan review: Anticipate review in 1992 9. Potential Use and Management The District currently holds approximately 43% of the 180-acre Redwood Park subdivision. The land is managed as a Conservation Management Unit (CMU) . The five parcels (seven lots) being acquired should also be managed as a CMU. 10 . Public Safety Review There are no known hazards . Open Space 1 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-91-131 (Meeting 91-35 November 13 , 1991) REPORT November 7 , 1991 TO: Board of Directors FROM: C . Britton, Assistant General Manager RESPONSIBILITY AND PREPARATION: M. Gundert, Open Space Planner; C. Bruins , Administrative Assistant SUBJECT: Proposed Addition of Slate Creek Properties 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, Authorizing Officer to Execute Grant of Restriction with Covenants , and Authorizing General Manager or Assistant General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transactions (Long Ridge Open Space Preserve, Lands of Landre et al . - Parcel One) . 2 . Adopt the accompanying Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreements , 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 Landre et al . - Parcel Two) . 3 . 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 , Authorizing Officer to Execute Grant of Restriction with Covenants , 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 Landre et al . - Parcel Three) . R-91-131 Page 2 4 . 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 Peninsula Open Space Trust) . 5. Tentatively adopt the Preliminary Use and Management Plan recommen- dations contained in this report, including naming the properties as additions to Long Ridge Open Space Preserve. 6. Indicate your intention to dedicate parcels one, three , and four as public open space and withhold parcel two from dedication at this time . Introduction The Midpeninsula Regional Open Space District has the opportunity to purchase four individual parcels in the Slate Creek watershed adjacent to Long Ridge Open Space Preserve. The acquisition would provide the opportunity for a trail connection along the Slate Creek corridor to Portola State Park. When this potential trail connection was first identified by staff in 1979 , Save-the-Redwoods League was interested in participating in the acquisition of these and other parcels necessary to complete the trail corridor. The league was successful in acquiring the 160-acre Keenan property next to Portola State Park in the early 1980 ' s , but none of the other properties could be acquired at that time . Since this proposed acquisition revives the hope of completing this trail corridor, Save-the-Redwoods has agreed to contribute funds toward these acquisitions . 1 . Property Identification Property owner: Parcel 1 , 2 and 3 John K. Landre et al . Parcel 4 Peninsula Open Space Trust Size: Parcel 1 : 40.00 acres Parcel 2 : 40 . 00 acres Parcel 3: 40 . 00 acres Parcel 4 : 34 . 42 acres 2 . Location and Boundaries (Unless otherwise noted, the following description collectively includes the four parcels - see attached map) Regional setting: In unincorporated San Mateo County west of Skyline Boulevard (State Highway 35) , between the southwestern boundary of Long Ridge Open Space Preserve and Doherty Ridge ti � R-91-131 Page 3 Road access : Portola Park Heights Road off Skyline Boulevard to Five Points Road to School Road; Ward Road off Skyline Boulevard at Jikoji Gate to School Road. Boundaries : Parcel 1 : South and east boundaries adjoin Long Ridge Open Space Preserve; private property to north and west. Within Portola Park Heights subdivision, and within District boundaries Remaining parcels : East boundary adjoins Long Ridge Open Space Preserve; private property surrounds remaining boundary; Portola Park Heights subdivision abuts northern boundary; outside District boundary, but within sphere-of-influence Nearby public lands : Adjoins Long Ridge Open Space Preserve, Portola State Park located to south and west Nearby landmarks : Historic Page Mill site in Portola State Park is one mile southwest; Long Ridge is 0 . 4 miles north, westernmost parcel extends to top of Doherty Ridge 3. Topography and Hydrology Prominent topographic features : Steep slopes form the upper reaches of the Slate Creek drainage; slopes generally facing northwest on east side of Slate Creek and southeast on the west side of the creek Elevation range: 2 , 000 feet along the eastern border to 1 , 200 feet where Slate Creek exits the property in the center of the southern boundary of parcel three Slope steepness : Very steep slopes; some slopes exceeding 70% Slope exposure: Primarily northwest and southeast facing slopes Watershed: Site located within Slate Creek watershed; Slate Creek flows through parcels one and three F R-91-131 Page 4 4 . Geology and Soils Seismology: Butano Fault located about two and a half miles south of the site Soil classification: Hugo and Josephine loams , very steep along the creek corridors; Santa Lucia loam, very steep, eroded near the higher elevations; parent material of Lambert shale or Mindego basalt and related volcanic rocks Soil stability: Moderately high to highest susceptibility to landsliding; evidence of recent landsliding located on parcel two 5. Flora and Fauna Plant communities : Douglas fir dominant forest at the higher elevations and Redwood dominant forest along the creekbanks and at lower elevations Common fauna: Deer, raccoon, grey fox, coyote, striped skunk, and other miscellaneous mammals , reptiles , and birds 6 . Visual Qualities Viewshed: Not visible from Skyline Boulevard area; probably visible from Portola State Park Vistas : Views of Portola State Park and Butano Ridge 7 . Existing Improvements Access to the property is via Ward Road and School Road off Skyline Boulevard at the Jikoji gate. "Five Points" , which is the junction of School Road and Portola Park Heights Road off Skyline Boulevard, is located on the POST parcel and provides another access point to the area. Three of the four parcels are developed. Parcel four is undeveloped. Parcel one is developed with an 800 square foot house that is in good condition. Parcel one also contains a dilapidated cabin and several outbuildings located along School Road. Parcel three is developed with a 320 square foot house in fair condition, several outbuildings , and a trailer . Parcel two is developed with a 1 , 360 square foot house in excellent shape, a large carport with an upstairs storage area and studio apartment, and a separate one-room artist ' s studio. Due to the remote nature of the area, public utility services are limited to telephone. Generators and solar cells are used for power. II R-91-131 Page 8 . Existing Use The small house on parcel three is currently inhabited. The remaining houses are vacant. The tenant in parcel three will be moving to the house on parcel one upon completion of this acquisition. At the present time, the owner of parcels one, two, and three maintains School Road into the house site on parcel two. The work is performed at his cost, and shares are billed to the remaining landowners along the road. In exchange, these parcels did not participate in the Portola Park Heights road assessments . This arrangement is currently on an informal basis . A formal agreement with Portola Park Heights Road Committee will be considered later. 9 . Planning Considerations Political boundaries : Unincorporated San Mateo County Zoning: Parcel one is located in a timber preserve zone, parcels two, three, and four are zoned resource management. Parcels one, three, and four are under Williamson Act contracts . Master Plan rating: Parcel one received a low rating in the District ' s Master Plan; the remaining parcels were not rated since they are outside the District boundaries Use and Management Plan review: The Use and Management Plan for Long Ridge Open Space Preserve was last reviewed in August, 1990 . The next plan for the site is anticipated in 1995. Regional plans : The Bay Area Ridge Trail currently goes through Long Ridge Open Space Preserve, approximately one mile east of the subject property. The San Mateo County Trails Plan (1989) shows a trail along Doherty Ridge. The Slate Creek Corridor was identified by District staff as a natural and desirable connection to Portola State Park from Skyline Boulevard. 10 . Potential Use and Management A sum of $5, 000 per parcel is being retained during escrow for clean- up of parcels one, two, and three. A term of 180 days is allowed for the clean up, which consists primarily of building materials , tanks , and debris . The remaining clean up will be conducted at the District ' s expense . It consists of the demolition of all remaining structures , excepting the improvements on parcel two and the 800 square foot house on parcel one . The estimated cost to complete this demolition is $25, 000. it R-91-131 Page 6 The home on parcel two contributes a significant value to the property and therefore represents a financial investment to the District that should be recaptured over time. The home has no known potential for District or public use and should be leased on a long-term arrangement in order to provide a return on the District ' s investment . Because of the critical nature of this property, a sale or trade of fee title with restrictions should only be considered after careful study and only as a last resort. The house should be rented on an interim basis until staff has time to prepare a proposal for long-term lease or sale of a life or limited term interest in the home and surrounding site . The outbuildings and well and water system area should be included in any rental or lease agreement . 11 . Public Safety Review A detailed site inspection to identify existing and potential safety hazards will be performed before your final adoption of the Preliminary Use and Management Plan. The site will not be opened to the public until all hazards have been identified and eliminated. 12 . Preliminary Use and Management Recommendation Signs : Install private property, preserve boundary and trail signs where appropriate Roads : Maintain for patrol . Investigate the road agreement with Portola Park Heights homeowners as it applies to these parcels . Structures: The home on parcel two should be rented immediately, allowing staff time to formulate a specific proposal on ultimate disposition for Board consideration. The home on parcel one should be rented as an enterprise account. All other structures should be demolished and the site returned to a natural condition. Gates : Secure the perimeter boundaries of the property. This may include a gate on Ward Road at the cut-off to Jikoji . Access to Jikoji was recently rerouted. 13 . Name The properties should be named as additions to Long Ridge Open Space Preserve. R-91-131 Page 7 14 . Dedication I recommend that you indicate your intention to dedicate parcels one, three, and four as public open space. I further recommend that you withhold parcel two from dedication to allow flexibility in securing a long-term lessee or sale of the house area. 15. Terms Based upon the District ' s standard purchase agreement and in accordance with the appraised value of these parcels as individual home-sites , the cash payment at close of escrow would be as follows : 1 . Landre et al. (cabin) $ 300, 000 2 . Landre et al . (home) $ 430 , 000 3 . Landre et al . $ 250, 000 4 . POST (vacant land) S 225�00Q TOTAL $1, 205 OQ9 As mentioned earlier in this report, Save-the-Redwoods League has had an interest in this trail corridor for over a decade, and has offered to share equally the purchase price of the three Landre parcels , at a total cost of $980 , 000 . Therefore , the league would deposit $490 , 000 into escrow as a grant to the District. The league expects the District to dedicate parcels one and three as open space, but realizes that the District will withhold parcel two from dedication in an attempt to find a long-term tenant or life interest holder for the home and surrounding site. Since the POST parcel is already owned by a non-profit land trust, it was not appropriate for the league to participate in the acquisition of parcel four . As with the previous transactions involving a Save-the-Redwoods League grant, a Restriction Agreement, as attached to the resolutions for parcels one and three, is required to preserve the forests on these properties . However, as discussed with John DeWitt, executive director of the league, a Restriction Agreement on parcel two would not be required at this time, pending outcome of the disposal of a long-term interest in the house site. R-91-131 Page 8 16 . Funding The full explanation of this funding summary is contained in report R- 89-109 dated July 3, 1989 . The District ' s 1991-1992 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 1991-1992 fiscal year: Land Acquisition Funds for this Fiscal Year (Cash) $10, 000 , 000 .00 Previously Approved Acquisitions (Escrows closed) * (2 , 806 , 000 . 00) Previously Approved Acquisitions (Escrows not closed) (440, 000 -00) The Four Slate Creek Acquisitions Recommended for Approval on this Agenda (Net District cost) (715, 000 .00) Remaining Cash Balance for Future Acquisitions this Fiscal Year $ 6 , 039 , 000 .00 Including initial payment for Vidovich property #. . M E BELLO syy ValIVA ley $ AFy •l.0$ n 1 CU�rfI.��EE c `e`� Y uPEN SPACE PRESERVE z � '' s 4, Alto$ ,,SKYLINE RIDGEY"; aD p]s z 4 +alp tOPEN SPACE PRESERVE f'I r r`' �:. '] `�: �' �pA wsr ']w.f \Rlc E MrE �rA p q � •-_ �'`. !ro{ �LDJw AAwcoS' - -•' ` wA.urN R s01 "CE PAL RE EA+F) �� �.3' � yy US61All RIOOE I A10MF � 1 "_J Honda S i eEULO-t_� Permanente a OPEN SMOE r-,.' '...:. IIIEJERYE - BAnuiEN , 3►AC� '• �� DISTRICT BOUNnARY a G` f�,--.i JPACE ,�'-, �� - _ � - OHG AiDGf OPEN Vh,{ JIEVFNS • �-J t �MKSEAVfE '�EGr pOATOLA yVUTOOA—IOAP C I s E•� O \ _ 1 `"c- JTATE /. ,•i I_ - '�Zvi 4 s p COUNTY PAAK AK \ \\ ffff F t .:.� � �\ '. � ~' ,,�•�'- ".a'.� r� , - --~:�j-� casTLF Roca;#' �y 7� _ �r PARK 1 SANBORM F \ Mi./ /� { nfArFo • ) -�.-�::�:� �' ��'' �:�•-•;�: �; <:<. ;::;;,:.ter:. ... t, LONG RIDGE 4' OPEN SPACE PRESERVE fx, r SANTA CLARA COUNTY / ac ��a�O �\ w� l q a .::��Z is i ki.: a�:.:: -. ..• :.•r Y:'-' •::•-: UPPER STEVENS CREEK ,tC`� -I •. . r : �8 �i I a_ I 4. t 111 A O !� >r�6 ..: ...:.:: �. Proposed Slate Creek A ion s ` .aG goo ;�.1'u \� �``��-- O .;:...::: :; .:::.• . � ,,. ..- --�:�: SKYLINE BOULEVARD :. STATE HIGHWAY 35 Parcel 3 � � ' ' .:'}::� -.:�.'� . . {:•_ n Parcel " Parce12 ti WARD ROAD ' � t � � �� _ HOOL ROA :'r:• ANNEXATION IN PROGRESS, PORTOLA STATE PARK "' t' a SITE MAP PROPOSED ADDITION TO > , w... Y: ..; : LONG RIDGE OPEN SPACE PRESERVE - r ® ' t, ` ` - NORTH LONG RIDGE .:. -f'. .•`.,..•� f OPEN SPACE PRESERV� Novemoer, 1991 .. . ..;... ram. 2M,,; n .. .. ::....... i 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, AUTHORIZING OFFICER TO EXECUTE GRANT OF RESTRICTION WITH COVENANTS, 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 LANDRE ET AL. - PARCEL ONE) 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 John K. Landre , Padraig Landre , Chandler Flickinger, and Charles P . .Irwin and Nancy R. Irwin as Trustees of the Irwin Living Trust dated May 22 , 1984 and the Midpeninsula Regional Open Space District , a attached hereto and b refer ence made a art copy of which is atta y P 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 for the Grant Deed conveying title to the property being acquired by the District. Section Three . The President of the Board or other appropriate officer is authorized to execute the Grant of Restriction with Covenants between Save-the-Redwoods League, a California non-profit corporation and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof . Section Four. 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 the 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 Five. The General Manager of the District is authorized to expend up to $15, 000 to cover the cost of title insurance, escrow fees, demolition, and other miscellaneous costs related to this transaction. Section Six. It is intended and hereby authorized that the District ' s General Fund will be reimbursed in the amount of $300 , 000 from the proceeds of the next long term District note issue. I II 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 (LONG RIDGE OPEN SPACE PRESERVE - LANDS OF LANDRE ET AL. - PARCEL TWO) 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 John K. Landre and Padraig Landre 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 the 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 , demolition, and other miscellaneous costs related to this transaction. Section Five. It is intended and hereby authorized that the District ' s General Fund will be reimbursed in the amount of $430 , 000 from the proceeds of the next long term District note issue. * * * * * * * * * * * i 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, AUTHORIZING OFFICER TO EXECUTE GRANT OF RESTRICTION WITH COVENANTS , 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 LANDRE ET AL. - PARCEL THREE) 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 John K. Landre, Padraig Landre , Chandler Flickinger, and Charles P . Irwin and Nancy R. Irwin as Trustees of the Irwin Living Trust dated May 22 , 1984 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 for the Grant Deed conveying title to the property being acquired by the District. Section Three. The President of the Board or other appropriate officer is authorized to execute the Grant of Restriction with Covenants between Save-the-Redwoods League, a California non-profit corporation and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof . Section Four. 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 the 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 Five. The General Manager of the District is authorized to expend up to $15, 000 to cover the cost of title insurance, escrow fees , demolition, and other miscellaneous costs related to this transaction. Section Six. It is intended and hereby authorized that the District ' s General Fund will be reimbursed in the amount of $250, 000 from the proceeds of the next long term District note issue. 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 (LONG RIDGE OPEN SPACE PRESERVE - LANDS OF PENINSULA OPEN SPACE TRUST) The Board of Directors of the Midpeninsula Regional I 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 Peninsula Open Space Trust, a California non-profit corporation 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 $225, 000 from the proceeds of the next long term District note issue. * * * * * * * * * * * PURCHASE AGREEMENT AND ATTACHMENTS ARE AVAILABLE FOR REVIEW AT THE DISTRICT OFFICE. :F- PURCHASE AGREEMENT This Agreement is made and entered into by and between John K. Landre, Padraig Landre, Chandler Flickinger, and Charles P . Irwin and Nancy R. Irwin as Trustees of the Irwin Living Trust dated May 22 , 1984 , hereinafter called "Seller" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code , hereinafter called "District . " WITNESSETH WHEREAS , Seller is the owner of certain real property which has open space and recreational value, located within an unincorporated area of the County of San Mateo, and being more particularly described within the body of this Agreement; and WHEREAS, District was formed by voter initiative to solicit and receive conveyances of real property by purchase, exchange , gift, or bargain purchase for public park, recreation, scenic and open space purposes; and WHEREAS , District desires to purchase said property for open space preservation and as part of the ecological and aesthetic resources of the midpeninsula area; and WHEREAS , Seller wishes to sell and convey the entirety of said property tc District, and District wishes to purchase said property upon the terms and conditions set forth herein. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED as follows : 1 . Purchase and Sale. Seller agrees to sell to District and District agrees to purchase from Seller, Seller ' s real property located within an unincorporated area of the County of San Mateo, State of California, containing approximately forty (40) acres , more or less , and I commonly referred to as San Mateo County Assessor ' s Parcel No. 085-130-090; said property being further described in the legal description attached to Preliminary Title Report Number 366922, dated May 22, 1991 , from First American Title Insurance 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 Three Hundred Thousand and No/100 Dollars ($300 , 000 - 00) , which shall be paid in cash at the Closing (as defined in Section 3 hereof) . Purchase Agreement -- Landre et al . Page 2 3 . Escrow. Promptly upon execution of this Agreement, in accordance with Section 16 herein, an escrow shall be opened at First American Title Insurance Company, 555 Marshall Street, Redwood City, CA 94064 phone number (415) 367-9050 , or other title company acceptable to District and Seller (hereinafter "Escrow Holder") through which the purchase and sale of the Property shall be consummated. A fully executed copy of this Agreement shall be deposited with Escrow Holder to serve as escrow instructions to Escrow Holder; provided that the parties shall execute such additional supplementary or customary escrow instructions as Escrow Holder may reasonably require. This Agreement may be amended or supplemented by explicit additional escrow instructions signed by the parties , but the printed portion of such escrow instructions shall not supersede any inconsistent provisions contained herein. Escrow Holder is hereby appointed and instructed to deliver, pursuant to the terms of this Agreement, the documents and monies to be deposited into the escrow as herein provided, with the following terms and conditions to apply to said escrow: (a) The time provided for in the escrow for the close thereof shall be on or before December 13, 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 San Mateo County. (b) Seller and District shall , during the escrow period, execute any and all documents and perform any and all acts reasonably necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agreement. (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 Three Hundred Thousand and No/100 Dollars ($300, 000 . 00) . (e) District and Seller shall equally share (50/50) the cost of 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 San Mateo 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. Purchase Agreement -- Landre et al . Page 3 M Seller shall cause First American Title Insurance Company, or other title company acceptable to District and Seller, to be prepared and committed to deliver to District a CLTA standard coverage Policy of Title Insurance, dated as of the Closing, insuring District in the amount of $300 , 000 . 00 for the Property showing title to the Property vested in fee simple in District, subject only to: M current real property taxes , and (ii) title exceptions 4 through 13 and 15 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 exceptions before the time set forth for the Closing, District shall have the right either: (i) to terminate the escrow provided for herein (after giving written notice to Seller of such disapproved exceptions and affording Seller at least twenty (20) days to remove such exceptions) and then Escrow Holder and Seller shall , upon District ' s direction, return to the parties depositing the same, all monies and documents theretofore delivered to Escrow Holder or; (ii) to close the escrow and consummate the purchase of the Property. (g) Escrow Holder shall, when all required funds and instruments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled, cause the Grant Deed and attendant Certificate of Acceptance to be recorded in the Office of the County Recorder of San Mateo 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 Seller warrants that there exist no oral or written leases or rental agreements affecting all or any portion of the Subject Property. Seller further warrants and agrees to hold District free and harmless and to reimburse District for any and all costs , liability, loss, damage or expense , including costs for legal services , occasioned by reason of any such lease or rental agreement of the Property being acquired by District, including, but not limited to, claims R-91-128 Page 4 11 . Preliminary Use and Management Recommendations Signs: Install boundary plaques if deemed necessary Site Emphasis designation: Conservation Management Unit (CMU) ; limited public access at this time 13 . Name The property should be named as an addition to Purisima Creek Redwoods Open Space Preserve 14 . Dedication I recommend that you indicate your intention to dedicate the one parcel of land located in the western half of the Redwood Park subdivision. I further recommend that you indicate your intention to withhold from dedication the four parcels located in the eastern half of the Redwood Park subdivision. 15. Terms When the District acquired the bulk of the Redwood Park subdivision lots from the County of San Mateo (see report R-89-06 dated July 3 , 1989) , the county required that the District dedicate the parcels in the remote "wilderness" area; however, 22 parcels located in the "developed" area of Redwood Park near Skyline Boulevard could be traded to acquire other open space lands in San Mateo County. District staff has determined that the Redwood Park lots located adjacent to the northerly preserve boundary south of Manzanita Avenue would be desirable for acquisition because of apparent survey errors in this area. Therefore, the exchange recommended would release two lots owned by the District in the developed area as allowed under the agreement with San Mateo County for five lots located along the northernly boundary of the preserve. Until additional lots are secured to complete a continuous ownership, it is premature to dedicate these parcels being acquired. PROPOSED ACQUISITION `\ , ® DISTRICT HOLDINGS DEDICATED AS OPEN SPACE --- ® DISTRICT HOLDINGS WITHELD FROM DEDICATION =� IMPROVED PROPERTY o ■ PARCELS TO BE EXCHANGED �-+ DATE:OCTOBER 30,1991 2 i jZ�j%% �lLdi�1G�'• q,'LHI�YT ' i HUD DART PURISIMA CREEK REDWOODS OPEN SPACE PRESERVE REDWOOD PARK SUBDIVISION ® ' SCALE: SCHEMATIC. NORTH RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ACCEPTING GIFT OF REAL PROPERTY AND AUTHORIZING EXECUTION OF CERTIFICATE OF ACCEPTANCE WITH RESPECT THERETO (PURISIMA CREEK REDWOODS OPEN SPACE PRESERVE - LANDS OF THE ESTATE OF PHILIP WOOSTER, DECEASED) 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, with gratitude, the gift of real property described on Exhibit A, affixed hereto and by this reference made a part hereof , and to be conveyed by Gift Deed from Elvira L. Wooster and The Bank of California, N.A. Co. , Trustees under the will of Philip Wooster , to the Midpeninsula Regional Open Space District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certifi- cate of Acceptance for said Grant Deed conveying title to the property being donated to the District. Section Three. The General Manager or the Assistant General Manager of the District shall cause to be given appropriate notice to the donors of the acceptance of this gift . 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. - - - - - - - - - - - - EXHIBIT "A" All that certain real property located in the unincorporated territory of the County of San Mateo, State of California described as follows: Lot 45 and 46, Block 62, as designated on the map entitled "Map of Redwood Park Subdivision No. 2 San Mateo County, California" , which map was filed in the office of the Recorder of the County of San Mateo, State of California on December 7 , 1908 in Book 6 of Maps at page 49. APN 067-101-090 RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AND AUTHORIZING ACCEPTANCE OF AN AGREEMENT TO EXCHANGE INTERESTS IN REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE A DEED FOR THE REAL PROPERTY BEING RELEASED, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (PURISIMA CREEK REDWOODS OPEN SPACE PRESERVE - LANDS OF GAZZANO) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows : Section One. The Board of Directors of the Midpenin- sula Regional Open Space District does hereby accept the offer contained in that certain Agreement to Exchange Interests in Real Property between Richard E. Gazzano 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 other appropriate officer 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 the Deed granting the real property interests being conveyed by the District . Section Three . The President of the Board of Directors or other appropriate officer is authorized to execute a Certificate of Acceptance to the deed conveying title to the property being acquired by the District. Section Four. The General Manager or Assistant General Manager of the District shall cause to be given appropriate notice of acceptance. The General Manager or Assistant General Manager is further authorized to execute any and all other documents necessary or appropriate to the closing of the transaction. Section Five. The Board of Directors finds that the granting and releasing of the real property interests is in accordance with the Basic Policy of the District and is not detrimental to the open space character of Purisima Creek Redwoods Open Space Preserve. * * * * * * * * * * * AGREEMENT TO EXCHANGE INTERESTS IN REAL PROPERTY THIS AGREEMENT is made and entered into by and between RICHARD E. GAZZANO and CHRISTINA C. GAZZANO, husband and wife , hereinafter referred to as "Gazzano" , and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, hereinafter referred to as "District" . WITNESSETH A. Gazzano owns property located at 223 Ridge Road in the County of San Mateo, State of California identified as Assessor' s Parcel Numbers 67-184-130 & -140 and 67-185-080, -090, -100 & -210 , comprising 13 "lots" , as shown on the Map labeled Exhibit "A" as attached hereto and incorporated herein by this reference, upon which Gazzano intends to expand and remodel the existing residence . B . District owns Assessor' s Parcels 67-184-120 and 67-185-220 , comprising 2 "Lots" , also shown on said Exhibit "A" , which Gazzano desires to acquire from District to complete the assemblage of the Gazzano homesite . C. Gazzano also owns Assessor ' s Parcels 067-186-060 , -080 , -090 , & -150, comprising 5 "lots" , also shown on said Exhibit "A" , which District would like to acquire from Gazzano. D. Said District owned parcels were acquired from the County of San Mateo on February 28 , 1990 under an Agreement which provided that such lots "may be disposed of by Grantee (District) only in exchange for other property within San Mateo County. " !^ NOW THEREFORE I1 IS MUTUALLY AGREED AND UNDERSTOOD AS FOLLOWS : 1 . EXCHANGE OF FEE TITLE. District shall exchange and transfer said assessor ' s parcels 67-184-120 & 67-185-220 , comprising 2 "lots" , to Gazzano and Gazzano shall exchange and transfer said - - - - ' n 5 Parcels 67-i86 060 080 090 & 150 comprising Assessor ' s Parc g P "lots" to District. 2 . NO WARRANTY OF TITLE. Said exchange and transfer of property as provided herein shall be accomplished by Quitclaim Deed, and neither party hereto warrants the sufficiency or marketability of title to the respective lands being transferred Agreement to Exchange Interests In Real Property - Gazzano Page 2 and conveyed by the parties . If title insurance or other evidence of marketable title is desired by either party, such party requiring the same, shall provide for same at its own cost and expense. 3 . PAYMENT OF FEES . All processing fees , legal fees , if any, survey fees , recording fees and any and all other fees and or costs by what ever name known shall be paid by Gazzano. District is to have no out of pocket expenses as a result of this transaction. 4 . TIMING. Within ten (10) days of approval of this Agreement by District, the parties hereto shall exchange the fully executed and acknowledged Quitclaim Deeds to complete this transaction. After delivery of the respective deeds, both parties agree to record such deeds to provide for constructive notice thereof , at their own expense. 5. MERGER OF PARCELS . After recordation, and within a reasonable period of time thereafter, Gazzano agrees to merge all of Gazzano' s assessor ' s parcels into one assessor ' s parcel, which parcel shall be deemed to be no more than one residential site under the laws , rules , and regulations of the County of San Mateo. /I! 111 //I J ,I Agreement to Exchange Interests In Real Property - Gazzano Page 3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof . MIDPENINSULA REGIONAL OPEN SPACE GAZZANO DISTRICT APPRO D AS TO FO Pch �E.—Gazza o • � 1 Stanley Nor on, District Counsel Date ACC DiFOR RECOMMENDATION: Christina C . Ga o L. Craig Britton SR/WA Date Land Acquisition Manager APPROVED AND ACCEPTED: President , Board of Directors ATTEST: (General) ' STATE OF CALIFORNIA �•• -TTE p Ss- COUNTY � "� R- ' COUNTY OF � � UOn before me,the undersigned,a Notary Public in and for said E- State personally appeared 1 V L r i 5 4-�A.)a Cla 7-: GL�e r cr W = proved to me on the basis of satisfactory evidence) T W i to be the person_whose names d,t—� subscribed a to the within instrument and acknowledged that s N ` executed the same. WITNESS m hand and official seal. OFFICIAL SEAL VICTORIA S BAHNASY E Notary Publk:-Cafrfomla SAN MATED COUNTY Signature My Commiwon Expires I August 13, 1993 Vie- a A S . 9tt40AS�l Name(Typed or Printed) OFC-2056 (Tm:—f—frici,i—1-1) TAX CODE AREA ° 6 7— 18' 46' rJC= IJe 2 O K ro J..,, BL VD •X'. t s i I � w 6 y. 7 I,t � Iv/Q �1 // •. /2 `1 ''/J CREEK TRAIL �,DUNj•. e4 1` I`O I` I` � �� �. servo, 6*4 VIA INA) go 0"IF O Q4. r/ zu�r �43 PARCEL / �^• O J 44 v, k MADRONE T /L lu.r•/ N zs a• so' - - .. - r s0' PARCEL t /-• /00' At I�05 167dDo / '~oe$O N"j/4 'I OS0.f 5 ♦ 1'fo /7�O. 5 Wr/1 P4R�CEc\L.s�2' /OI �773 ��. �5F s.r5' I 181 , n IA OS. q' „rJ o �r1t !1 1-r';-�-J-,oy ,t.,r.,�y ���� RrO��.,o-� S14' 23' - zs• r '-.� .o .. zS. y hto Lr< h 4 J•�'y 'f.>s I` Ix + A. / ? 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'ea 3O O - JJ sar sjje� , I� 1 5 6 7 d 9 IOI 1 1�11 /5 /6 /7 /d 1/9 20 112/1 9 I� 1 I 51 1 I ' ems• w.ss' ars' a —f N o � I I I c � ► 1 III II 1111 0 4 Iw 25 `l6 `27 `28 1 l9 I JO IN 321 JJ 34 5 1 36 J7 38 1 J9 10 141 142 43 44 45 146 7 d !9 SO 5/I52 53 541 SS 156 157 sd 59 60 16/ 161 u 1 64 16S 166 167 M I 69 SP - SO' I '. -- _ _ _ _ . _ r1' 4f r1' *44 /MrE: RSM O f OF SUIE L PA L MAP VOL •(9/B0 A REDWOOD PARK NO. I RSM 6146 0. Zz ro M 2 s 9 PARCEL MAP VOL S6/93 � REDWOOD PARK N0. 3 d RESUB. BLKS. 6 7 S. /4 'S MAP COUN7Y OF SAM MATEO CA. IN SUB. I RSM 6152 d.7, V Purchase Agreement - POST Page 3 costs and fees . All other costs or expenses not otherwise provided for in this Agreement shall be apportioned or allocated between District and Trust in the manner customary in San Mateo 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) Trust shall cause First American Title Insurance Company, or other title company acceptable to District and Trust , 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 $225, 000 . 00 for the Property showing title to the Property vested in fee simple in District, subject only to: M current real property taxes, (ii) title exceptions numbered 4 through 16 and 18 as 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 Trust 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 Trust of such disapproved exceptions and affording Trust at least twenty (20) days to remove such exceptions) and then Escrow Holder and Trust 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 San Mateo 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 Trust Escrow Holder 's check for the full purchase price of the Sub ect Property (less Trust ' s portion of i the expenses described in Section 3 (e) ) , and to District or Trust, 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 escrowis 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. Purchase Agreement - POST Page 4 5. Leases or Occupancy of Premises . Trust warrants that there exist no oral or written leases or rental agreements affecting all or any portion of the Subject Property. Trust further warrants and agrees to hold District free and harmless and to reimburse District for any and all costs , liability, loss, damage or expense, including costs for legal services, occasioned by reason of any such lease or rental agreement of the Property being acquired by District, including, but not limited to, claims for relocation benefits and/or payments pursuant to California Government Code Section 7260 et seg. Trust understands and agrees that the provisions of this paragraph shall survive the close of escrow and recordation of any Grant Deed (s) . 6 . Trust ' s Representations and Warranties. For the purpose of consummating the sale and purchase of the Propertyin accordance herewith, Trust 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. Trust has the full right , power and authority to enter into this Agreement and to perform the transactions contemplated hereunder. 6 . 02 Valid and Binding Agreements . This Agreement and all other documents delivered by Trust to Di-strict now or at the Closing have been or will be duly authorized and executed and delivered by Trust and are legal , valid and binding obligations of Trust 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 Trust is a party or by which Trust may be bound or any articles, bylaws or corporate resolutions of Trust. 7 . Waiver of Statutory Compensation. Trust and District understand and agree that Trust may be entitled to receive the fair market value of the Property described in Exhibit "A" , as provided for by the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646) the Uniform Relocation Act Amendments of 1987 (Public Law 100-17) , Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Statutes , 246-256 , and California Government Code Section 7267 , and following. Trust hereby waives any and all existing and/or future rights Trust may have to the fair market value of said Property, appraisals , etc. , as provided for by said Federal Law and any corresponding California Government Code Sections . 8 . Miscellaneous Provisions . 8 . 01 Choice of Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties . Purchase Agreement - POST Page 5 8 .02 Attorneys ' Fees . If either party hereto incurs any expense, including reasonable attorneys ' fees, in connection with any action or proceeding instituted by reason of any default or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover from the other party reasonable expenses and attorneys ' fees in the amount determined by the Court , whether or not such action or proceeding goes to final judgment. In the event of a settlement or final 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: W 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 r 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 shall be addressed as follows: Trust: Peninsula Open Space Trust 3000 Sand Hill Road Bldg. #4 , Suite #135 Menlo Park, CA 94025 Attn : Audrey Rust (415) 854-7696 FAX (415) 854-7703 Purchase Agreement - POST Page 6 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, facsimile or cable, a conformed copy of such tele- graphic, facsimilied 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 Sever.ability. 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 continuing waiver of any such term, provision or c I ondition or as a waiver Purchase Agreement - POST Page 7 of any other term, provision or condition of this Agreement. 8 . 09 Entire Agreement. This Agreement is intended by the parties to be the final expression 'of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes a complete and exclusive statement of the terms and conditions thereof , and it supersedes any and all prior 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 Trust 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 . 8 .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. 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 Trust and returned to District on or before October 25, 1991 District shall have until midnight November 13, 1991 to accept and execute this Agreement and during said period this instrument shall constitute an irrevocable offer Purchase Agreement - POST Page 8 by Trust 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 Trust 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof . MIDPENINSULA REGIONAL OPEN SPACE TRUST DISTRICT Peninsula Open Space Trust, a non- profit corporation of California APPROVED AS TO FORM: By: Audrey R t, Executive Director a� -if 4nAl Date Stanley Nor on; Distric Counsel AC '� RECOMMENDATION: L. Craig ton, SR/WA Land Acquisition Manager APPROVED AND ACCEPTED: President , Board of Directors ATTEST: District Clerk Date: Order No. 366921 PRELIMINARY REPORT FIRST AMERICAN TITLE INSURANCE COMPANY 555 Marshall Street Redwood City , CA 94064 (415 ) 367-9050 MID-PENINSULA REGIONAL OPEN SPACE DISTRICT Attn: Craig Brittan 201 San Antonio Circle , Bldg . C, #135 Mountain View, CA 94040 Customer 's Reference : Form of Policy Coverage Requested : CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - (1990) OR AMERICAN LAND TITLE ASSOCIATION OWNER POLICY - ( 1990) WITH REGIONAL EXCEPTIONS and ALTA LOAN POLICY - 1990 In response to the above referenced application for a policy of title insurance , this Company hereby reports that it is prepared to issue , or cause to be issued , as of the date hereof , a Policy or Policies of Title Insurance , describing the land and the estate or interest therein hereinafter set forth , insuring against loss which may be sustained by reason of any defect , lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules , Conditions and Stipulations of said Policy forms . The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached . Copies of the Policy forms should be read . They are available from the office which issued this report . This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby . If it is desired that liability be assumed prior to the issuance of a policy of title insurance , a Binder or Commitment should be requested . Dated as of May 2 , 1991 at 7 : 30 a .m. JAMES NORRIS ESCROW OFFICER Title of said estate or interest at the date hereof is vested in: PENINSULA OPEN SPACE TRUST , a non-profit corporation of California Page 1 EXHIBITA page of Order No. 366921 The estate or interest in the land hereinafter described or referred to covered by this Report is : A FEE as to Parcel I ; AN EASEMENT as to Parcels II , III , IV , V, VI , VII , VIII , IX and X . The land referred to in this Report is situated in the State of California , County of San Mateo , and is described as follows : PARCEL I ! Portion of the Northeast 114 of Section 3 , Township 8 South , Range , 3 West , Mount Diablo Base and Meridian, described as follows : BEGINNING on the North line of said Section 3 , at the Northeast corner of the Northwest 114 of said Section , said point being North 89* 00 ' 11 " West , along said North line, 2580 .02 feet from the line between Sections 2 and 3 of said Township and Range ; said point of beginning being the Northeast corner of the parcel of land described in Deed from Greendyke Investments , Inc . , to James Darwin Crane , recorded March 17 , 1972 in Book 6111 , Official Records , Page 298 ; thence from said point of beginning South 0* 02 ' 44 " Wet along the East line of said crane parcel , 1116 . 17 feet to the Southwest corner thereof ; thence South 84* 17 ' 11 " East 1279 .63 feet ; thence North 1" 07 20" East 1221 . 33 feet to a point on the North line of said Section 3 which bears North 89* 00 ' 11 " West along said North line 1290 . 01 feet from aforesaid line between Sections 2 and 3 ; thence North 89* 00 ' 11 " West along said North line 1290 . 01 feet to the point of beginning . The foregoing being a portion of the Parcels of land designated on the map of record survey for Greendyke Investments , Inc . , filed September IS , 1971 , Book 7 of Licensed Land Survey Maps , Pages 83 thru 87 , San Mateo County Records . EXCEPTING THEREFROM 1/2 interest each unto the Grantors in and to an undivided 1/2 interest of mineral , oil , gas and other hydrocarbon substances for a period of 30 years from August 21 , 1979 , as contained in the Deed from Letitia E . Boundey and Florence L . Caillat , to Millard R . Humphrey , a married man, and Weden P . Humphrey , a married man , recorded as Instrument No . 82841 -R . Page 2 EXHISIT 44 Page 1:::.of Order No . 366921 PARCEL II • A non-exclusive easement , 60 feet wide , for ingress and egress of pedestrians , vehicles and for haulm of g lumber and other commercial purposes and for the installation an maintenance of public utility lines includingas water , electrical ricat gas , and telephone lines as created by that certain instrument executed by Waldo H. Leynse and Ruth A . Leynse , his wife , recorded March 16 , 1966 in Book 5128 at Page 1 , (File No . 47426-Z) Official Records of San Mateo County . PARCEL III • A non-exclusive easement , 60 feet wide, for ingress and egress of pedestrians , animals and vehicles and for hauling of lumber and other commercial purposes and for the installation and maintenance of public utility lines , including gas , water , electrical and telephone lines as created by that certain instrument executed by Arthur L . Lange and Judy Lange , his wife, recorded June 26 , 1968 in Book 5493 at Page 269 (File No . 54316- AS) Official Records of San Mateo County . PARCEL IV : A non-exclusive easement for ingress and egress of pedestrians , animals and vehicles and for hauling of lumber and other commercial purposes and for the installation and maintenance of public utility lines , including gas , water , electrical and telephone lines as created by that certain instrument executed by Paul M. Chesebrough , recorded September 25 , 1968 in Book 5535 at Page 640 (File No . 78274-AB) , Official Records of San Mateo County . i PARCEL V• A non-exclusive easement 50 feet wide for ingress and egress of pedestrians and vehicles and for hauling of lumber and other commercial purposes and for the installation and maintenance of public utility lines , including gas , water , electrical and telephone lines as created by that certain instrument executed by Title Insurance and Trust Company , recorded September 25 , 1968 in Book 5535 at Page 643 (File No . 78275-AB) Official Records of San Mateo County . Page 3 EXHIBIT Page 2 Order No. 366921 PARCEL VI : A non-exclusive easement , 60 feet wide , for ingress and egress of pedestrians , animals and vehicles and for hauling of lumber and other commercial purposes and for the installation and maintenance of public utility lines , including gas , water , electrical and telephone lines as created by that certain instrument executed Jessie Brooks and Helen Brooks recorded September 26 , 1968 in Book 5535 at Page 658 (File No . 78276-AB) Official Records of San Mateo County . PARCEL VII ! A non-exclusive easement , 60 feet wide , for ingress and egress of pedestrians , animals and vehicles and for hauling of lumber and other commercial purposes and for the installation and maintenance of public utility lines , including gas , water , electrical and telephone lines as created by that certain instrument executed by Robert A . Parkhurst recorded April 23 , 1969 in Book 6268 at Page 664 (File No . 30414-AC) Official Records of San Mateo County . PARCEL VIII : A non-exclusive easement , 60 feet wide , for ingress and egress of pedestrians , animals and vehicles and for hauling of lumber and other commercial purposes and for the installation and maintenance of public utility lines , including gas , water , electrical and telephone lines as created by that certain instrument executed by Millard R . Humphrey and Weden P . Humphrey , his wife , recorded June 21 , 1971 in Book 6964 at Page 177 (File No . 18783-AE) Official Records of San Mateo County . PARCEL IX ! A non-exclusive easement , 60 feet wide , for ingress and egress of pedestrians , animals and vehicles and for hauling of lumber and other commercial purposes and for the installation and maintenance of public utility lines , including gas , water , electrical and telephone lines as created by that certain instrument executed by Greendyke Investments Inc . , recorded March 17 , 1972 in Book. 6111 at Page 282 (File No . 97934-AE) Official Records of San Mateo County . Page 4 14 Page of Order No. 366921 PARCEL X: A non-exclusive easement , 50 feet wide , for ingress and egress of pedestrians and vehicles and for hauling of lumber and other commercial purposes and for the installation and maintenance of public utility lines , including gas , water , - electrical and telephone lines as created by that certain instrument executed by Greendyke Investments Inc . in Book 6193 at Page 641 (File No . 39719-AF) Official Records of San Mateo County. A .P . No . : 085-080-130 JPN 085 008 080 13 A At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows : 1 . General and Special Taxes for the fiscal year 1991-92 , now a lien, amount not yet ascertainable . 2 . General and Special Taxes for the fiscal year 1990-1991 are not assessed . 3 . The Lien of Supplemental Taxes assessed pursuant to Chapter 3 . 5 , Commencing with Section 75 of the California Revenue and Taxation Code . 4 . EASEMENT for drainage within any creek or stream traversing the herein described property , together with the rights of the public in and to the waters and the use of such creeks or streams , to the high water mark . S . EASEMENT for road and utility purposes over so much of the herein described property that lies within the boundaries of any and all public and private roads . 6 . DEED AND COVENANTS OF EASEMENT, upon the terms and conditions as contained therein: By : Waldo H . Leynse and Ruth A. Leynse , et al and Between: Millard R . Humphrey and Weden P . Humphrey , et al Dated : March 9 , 1966 Recorded : March 16 , 1966 Document No . : 47426-Z Book/Reel 5128 of Official Records at page/image 1 , Records of San Mateo County , California . Said Instrument contains a clause for the payment of maintenance and upkeep charges . Page 5 EXHIBIT Page of Order No. 366921 7 . COVENANTS, CONDITIONS AND RESTRICTIONS as contained in that certain Deed : From: Arthur L . Lange and Judy Lange , his wife , Grantors To : Norman R . Hosking and Blodwen A . Hosking Dated : June 19 , 1968 Recorded : June 26 , 1968 Document No . : 54316-AS Book/Reel 5493 of Official Records at page/image 269 , Records of San Mateo County , California . Said Instrument contains a clause for the payment of maintenance and upkeep charges . 8 . CONDITIONS as contained in the Deed : By : Paul M. Chesebrough and Between : Millard R Humphrey and Weden P. Humphrey Dated : July 31 , 1968 Recorded : September 25 , 1968 Document No . : 78274-AS Book/Reel S53S of Official' Records at page/image 640 , Records of San Mateo County , California . 9 . CONDITIONS as contained in the Deed : By : Title Insurance and Trust Company , a corporation and Between : Millard R . Humphrey and Weden P. Humphrey Dated : September 25 , 1968 Recorded : September 2S , 1968 Document No . ! 78275-AB Book/Reel SS3S of Official Records at page/image 643 , Records of San Mateo County , California . 10 . DEED AND COVENANTS OF EASEMENT, upon the terms and conditions as contained therein: By : Jessie Brooks and Helen Brooks , et al and Between: Millard R. Humphrey and Weden P . Humphrey, et al Dated : 3uly 1 , 1968 Recorded : September 25 , 1968 Document No . : 78276-AB Book/Reel S53S of Official Records at page/image 658 , Records of San Mateo County , California . Said Instrument contains a clause for the payment of maintenance and upkeep charges . Page 6 EXHIBIT #4 Pale^ of Order No. 366921 11 . DEED AND COVENANTS OF EASEMENT, upon the terms and conditions as contained therein: By : Robert A . Parkhurst and Between : Millard R . Humphrey and Weden P. Humphrey Dated : April 17 , 1969 Recorded : April 23 , 1969 Document No . : 30414-AC Book/Reel 5628 of Official Records at page/image 664 , Records of San Mateo County , California . Said Instrument contains a clause for the payment of maintenance and upkeep charges . 12 . COVENANTS, CONDITIONS AND RESTRICTIONS, but deleting res- trictions , if any , based on race, color, religion or national origin as contained in Declaration : Executed by : Millard Humphrey, a married man and Weden Humphrey , a married man Dated : June 8 , 1971 Recorded : June 21 , 1971 Document No . : 16774-AE Book/Reel 5964 of Official Records at page/image 159 , Records of San Mateo County , California . Said Instrument does not expressly provide for forfeiture of title in case of violation . A LIEN for upkeep assessments was provided for in the above declaration . 13 . DEED AND COVENANTS OF EASEMENT , upon the terms and conditions as contained therein: By : Millard R . Humphrey and Weden P . Humphrey and Between : Vince S. Garrod and Jane Whiteman Garrod Dated : June 8 , 1971 Recorded : June 21 , 1971 Document No . : 18783-AE Book/Reel 5964 of Official Records at page/image 177 , Records of San Mateo County , California . Said Instrument contains a clause for the payment of maintenance and upkeep charges . Page 7 �;�.HlBfif' Page � of�� Order No. 366921 14 . COVENANTS, CONDITIONS, RESTRICTIONS, LIMITATIONS, RESERVA- TIONS, EASEMENTS, EXCEPTIONS, TERMS, ASSESSMENTS, LIENS AND CHARGES, but deleting restrictions , if any , based on race , color , religion or national origin as contained in Declaration: Executed by : Millard Humphrey , a married man and Weden Humphrey , a married man Dated : December 3 , 1971 Recorded : December 9 , 1971 Document No . : 70685-AE Book/Reel 6059 of Official Records at page/image 510 , Records of San Mateo County , California . Said Instrument does not expressly provide for forfeiture of title in case of violation . Said Instrument does provide that a violation shall not lessen the security of any Deed of Trust or Mortgage made in good faith and for value . A LIEN for upkeep assessments was provided for in the above declaration. 15 . DEED AND COVENANTS OF EASEMENT , upon the terms and conditions as contained therein: By : Greendyke Investments , Inc . and Between: Vince S . Garrod and Jane Whiteman Garrod Dated : February 25 , 1972 Recorded : March 17 , 1972 Document No . ! 97934-AE Book/Reel 6111 of Official Records at page/image 282 , Records of San Mateo County , California . Said Instrument contains a clause for the payment of maintenance and upkeep charges . 16 . DEED , AND COVENANTS OF EASEMENT , upon the terms and conditions as contained therein: By : Greendyke Investments Inc . and Between : Sidney A . Wohl Dated : May 8 , 1972 Recorded : May 11 , 1972 Document No . : 15840-AI Book/Reel 6146 of Official Records at page/image 334 , Records of San Mateo County , California . Said Instrument contains a clause for the payment of maintenance and upkeep charges . Page 8 C "1-I1i"o Page a Order No. 366923 13 . THE TERMS and provisions of that certain Agreement to maintain real property within the provisions of the Williamson Act and its Amendments dated February 15 , 1977 , between the County of San Mateo , a political subdivision of the State of California , and S . A . Wohl , recorded February 28 , 1977 in Book/Reel 7392 of Official Records at page/image 366 Document No . 85984-AK Records of San Mateo County, California . 14 . DEED OF TRUST to secure an indebtedness in the original amount of $48 , 915 .00 and any other amounts and/or obligations secured thereby , Trustor : Florence Jean Mahoney, a widow Trustee : Amtitle Company , a California corporation Beneficiary : Sidney A. Wohl and Violet J . Wohl , husband and wife Dated : December 18 , 1984 Recorded : December 31 , 1984 Document No . : 84137994 of Official Records of San Mateo County , California . Beneficiary ' s Address - 2730 Greer Road , Palo Alto, CA 94303 Loan No . - Not Shown THE EFFECT OF THAT CERTAIN FULL RECONVEYANCE Executed by : Gina Victoria Ferrari , as substituted trustee Dated : August 21 , 1989 Recorded : August 25 , 1989 Document No . : 89112867 of Official Records of San Mateo County, California . Note : An examination of the records discloses no recorded substitution of trustee allowing Gina Victoria Ferrari to act in place and instead of Amtitle Company, a California corporation. 15 . ANY AND ALL unrecorded subsisting leases and rights of parties in possession . 16 . ANY FACTS , rights , interest or claims which a correct ALTA survey would disclose . 17 . GENERAL INDEX RUN discloses that a Statement of Partnership has been recorded as follows : Name of Partnership : Nignog Recorded : December 31 , 1984 Document No . : 84137995 of Official Records of San Mateo County , California . Name( s ) of General Partner(s) : L . Lemmy, Charles P . Irwin and Nancy R . Irwin, Trustees of the Irwin Living Trust of May 22 , 1984 ; Chandler Flickinger , John K . Landre and Padraig Landre, Trustees of the Landre Living Trust of February 29 , 1984 A copy of the partnership agreement and any and all amendments thereto must be submitted to this company prior to closing any transaction. Page 6 EXHIBIJ. P a 9 e of Order No. 366923 16 . GENERAL INDEX RUN discloses that a Amended Statement of has been recorded as follows : Name of Partnership : Nignog Recorded : August 4 , 1988 Document No . : 88101211 of Official Records of San Mateo County , California . Name( s ) of General Partner( s) : Charles P . Irwin and Nancy R . Irwin , Trustees of the Irwin Living Trust of May 22 , 1984 ; Chandler Flickinger ; John K . Landre and Padraig Landre, Trustees of the Landre Living Trust of February 29 , 1984 A copy of the partnership agreement and any and all amendments thereto must be submitted to this company prior to closing any transaction . There have been no deeds recorded within the last two years prior to the date of this report , affecting the herein described property . NOTE : This report is subject to a cancellation charge as required by Sections 12404 , et seq. , of the Insurance Code of the State of California and Rule No. 2 of Department of Insurance Bulletin No . Ns . 3S E . ORDER DATE : May 1 , 1991 S .T .R . DATE : None TSP/mt/PMA Page 7 ` EXHIBIT Pa je of PG. PG. /3 PG. /4 ,1103 2 ,71U b _ I I Q P'- soe 1 i o ll �7 PARCEL I � �.� _ � y GD 176fo Z60 ]t�e0' - i � I b • � V , I N 'O n ; e � v J Q� O � 9 � vl rerCEt s d PARCEL ff 16 LU tG I I rrta or may nol be a survey of thwf .� Thht map Y n it to I ' depicted hereon. You should not rely upon any purpose other than orlentelton to the 90rWRt 1 C location of the parCef a parC I,depicted. First a a ..h American expresstY diSclalms any litibllity for 1 atleyed loss ix damage which may rexJt from L rellance upon this MaN '] P is N 3 2 Ti/A' i W. 06 ,07 r947 21 1 I ;; PG. /7 10 1 I LA HONOR PESCADERO i. essfsso. t wee coaArr or ,-Aw M�r�CA_ UN/PIED SCHOOL DISTR/CT 11 12 SAVE-THE-REDWOODS LEAGUE 114 Sansome Street, Room 605 San Francisco, CA 94104 Attn: John B. Dewitt, Executive Director GRANT OF RESTRICTION WITH COVENANTS WHEREAS , the Midpeninsula Regional Open Space District, hereinafter called "DISTRICT, " has heretofore entered into that certain Purchase Agreement dated November 13, 1991, for the purchase of that certain 40 . 0 acre parcel of redwood forested land hereinafter called the "Subject Property" as more particularly described in Exhibit "A" as attached hereto and by this reference incorporated herein and made a part hereof , and WHEREAS , the Save-the-Redwoods League , a California non-profit corporation, hereinafter called "LEAGUE, " was organized as a non- profit public benefit corporation to raise funds and solicit gifts of real and personal property for the purpose of acquiring redwood forested lands in order to protect and preserve said forests for future generations , and WHEREAS , DISTRICT and LEAGUE recognize the scenic , aesthetic and special character of the Subject Property and the magnificent redwood forest contained thereon, and have the common purpose of conserving the natural and scenic values thereof by Conveyance of a Restriction with Covenants upon, over and across the Subject Property which shall conserve and protect the redwood trees and the forest environment of the Subject Property and prevent the use or development of the Subject Property for any purpose or in any manner which would conflict with the maintenance and use of the Subject Property in natural, scenic and wooded condition for public park, recreation and open space purposes . NOW, THEREFORE, for valuable consideraeion, receipt of which is hereby acknowledged: DISTRICT hereby grants to LEAGUE a Restriction With Covenants upon, over and across the Subject Property as described in said Exhibit "A" in perpetuity upon the following terms and conditions : 1 . RESERVATION OF USE BY DISTRICT DISTRICT reserves the right to use the Subject Property in any manner consistent with the stated purposes , terms , conditions, restrictions and covenants of this Agreement and with existing zoning and other laws , rules and regulations of the State of California and the County of San Mateo, or by any other agency having jurisdiction, as such laws , rules and regulations may hereafter from time to time be amended. DISTRICT further specifically reserves the right to do the following, such right shall in no way be considered as a limitation of the general reservation of rights described in the preceding paragraph: (a) Build fences and gates of a rustic nature and erect signs as necessary to maintain security of the Subject Property; (b) Construct and maintain trails for hiking, bicycling and horse-back riding within the Subject Property, including both internal trails and connecting trails with adjacent DISTRICT land, such latter trails to be planned and developed by DISTRICT in accordance with the terms and conditions of Section (f) herein below; (c) Remove diseased and/or dead plants and trees as may be required to protect public health and safety. Live trees may only be removed on an emergency basis to protect public health and safety as determined by DISTRICT, after 48 hours notice to LEAGUE; (d) Plant native species of plants; (e) Engage in scientific research and/or gathering of specimens of nature, in such a way as to not jeopardize the natural and scenic character of the Subject Property or damage or destroy the redwood trees thereon; (f) 'Develop and use the Subject Property for public open space and public low-intensity recreational use as , follows : (1) Definition. All public facilities which might be developed or enhanced on the Subject Property, which would be considered by the parties hereto to be open space or low intensity recreation use, include by way of illustration, but not limitation: a) unpaved pedestrian hiking trails b) unpaved equestrian trails and patrol roads c) unpaved mountain bicycle trails d) except for existing roads , unpaved roads for construction, maintenance and patrol of the Subject Property and adjoining lands by -2- District, its employees , agents and contractors e) casual picnicking and rustic restroom facilities f) kite flying and open play areas g) wildlife observation areas h) meditation areas i) nature study areas j ) unpaved parking areas k) photography or landscape painting areas 1) primitive backpack camps (2) Development. DISTRICT shall plan, design and develop such facilities as are reasonably necessary for public use and enjoyment of the Subject Property for open space or low intensity recreation as defined above. In the event any live trees are proposed for removal as a part of such development plans , LEAGUE shall have the right of design review and comment privileges on any and all open space and low intensity development. With regard to open space development of the Subject Property, wherein live trees are proposed for removal , an application for design review and comment shall be made by DISTRICT to LEAGUE. The application shall include a site plan showing the location of all proposed trails , planted or landscaped areas , proposed grading or other development or improvements , and indicating the proposed uses or activities on the Subject Property, and specifically showing the location, height and diameter of any redwood or other tree proposed for removal as a part of such development plan. Within thirty days from the filing of an application with LEAGUE, LEAGUE shall review the site plan and drawings , and shall make its recommendations and comments based upon the following objectives : -3- a) to ensure adherence to the terms , conditions and purposes of this Agreement; b) to satisfy themselves that every effort has been made by DISTRICT to avoid as much as possible the removal of redwood and other trees . The design review provided for herein is advisory only and DISTRICT shall consider, but shall be free to accept, reject or modify the recommendations of LEAGUE. 2 . LIMITATIONS ON USE BY DISTRICT DISTRICT covenants and agrees for itself and its . successors and assigns except where contrary to the above described rights specifically retained, DISTRICT shall strictly adhere to the following: (a) That the Subject Property shall forever be used for public park, recreation and open space purposes and shall be dedicated to such purposes by DISTRICT in accordance with Section 5540 of the Public Resources Code of the State of California. (b) That no commercial logging shall ever take place on the Subject Property. (c) That, except as provided in Section 1 hereinabove , no redwood or Douglas fir trees growing now or in the future on said Subject Property shall be cut , logged, uprooted or removed from the Subject Property without the prior written consent of the Save-the-Redwoods League , a California non-profit corporation, or its successors or designees . (d) That no disturbance of other plant species , nor of animal population or habitat, shall occur upon the Subject Property, except as may be necessary for maintenance and use of the Subject Property as a public park and open space preserve as provided in ' Section 1 above, or to abate disease and/or eliminate an imminent hazard to the public . 3 . USE BY LEAGUE The Save-the-Redwoods League shall be permitted to designate sites , up to five acres in size, as redwood memorial or honor groves on the Subject Property, for the purpose of raising new funds for continued -4- protection of redwood trees and redwood forests . 4 . ENFORCEMENT DISTRICT grants to LEAGUE, the right but not the obligation, to enter upon the Subject Property for the purpose of monitoring and enforcing any term, condition, restriction or covenant of this Agreement or to prevent or prohibit any activity which is contrary to the stated purposes , terms , conditions , restrictions or covenants of this Agreement which will or may destroy the natural and scenic characteristics of the Subject Property. The stated purposes , terms , conditions , restrictions and covenants set forth herein and each and all of them may be specifically enforced or enjoined by proceedings in the Superior Court of the State of California. 5. MUTUAL INDEMNITY Each party shall indemnify and hold harmless the other from any and all claims arising out of activities conducted by or under the auspices of the indemnifying party. 6 . CONDEMNATION In the event the Subject Property or any portion thereof is sought to be condemned for another public use , this Agreement and each and every term, condition, restriction, and covenant contained herein shall terminate as of the time of the filing of the complaint in condemnation as to that portion of the Subject Property sought to be taken for another public use only, but shall remain in effect relative to all other portions of the Subject Property. The DISTRICT shall be entitled to such compensation for the taking as it would have been entitled had the Subject Property not been burdened by this Agrement; provided, however , that each and every term, condition, restriction and covenant of this Agreement shall be observed by DISTRICT, its successors or assigns , during the pendency of such action and provided further that in the event such action is abandoned prior to the recordation of a final Judgement in condemnation relative to the Subject Property, or some portion thereof is not actually acquired for such other public use , the Subject Property shall , at the time of such -5- abandonment, or at the time it is determined that the Subject Property shall not be taken for such other public use, once again be subject to this Agreement and to each and every stated purpose, term, condition, restriction and covenant of this Agreement. Provided, however, that if the Subject Property or any portion thereof is sought to be acquired, appropriated, or condemned for a use incompatible with this Agreement, by any other public of quasi-public entity, the presumptions contained in Section 1240 . 680 of the Code of Civil Procedure and Section 5542 . 5 of the Public Resources Code shall be asserted by DISTRICT to protect its and the LEAGUE ' S interest in the Subject Property, and preserve the open space and recreation character thereof . 7 . ENFORCEABLE RESTRICTION This Agreement and each and every term, condition, restriction and covenant contained herein is intended (a) for the benefit of the LEAGUE, its successors or assigns; and (b) for the benefit of the residents of the Midpeninsula area in which this Subject Property is located; and constitutes an enforceable restriction. This covenant is expressly intended by DISTRICT and LEAGUE to run with the land described in said Exhibit "A" , to constitute an equitable servitude therein, and shall bind each and every successive owner of said land, or of any interest therein, and shall be enforceable by the LEAGUE, its successors and assigns . Nothing herein shall be deemed to require the approval or consent of any other owner or occupant of any other parcel of real property located within or without the boundaries of the Midpeninsula Regional Open Space District or create any right in any third party for such enforcement of the terms of this Restriction with Covenants . THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Attest : By: District Clerk Nonette Hanko, President Board of Directors Dated: Dated: -6- EXHIBIT A That certain real property situated in the unincorporated territory of the County of San Mateo, State of California, and being more particularly described as follows : Lot 1 of Section 3 , Township 8 South, Range 3 West, Mount Diablo Base and Meridian. PURCHASE AGREEMENT This Agreement is made and entered into this day of by and between MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District, hereinafter referred to as "District, " and PENINSULA OPEN SPACE TRUST, a non-profit corporation of California, hereinafter referred to as "Trust . " WITNESSETH WHEREAS, Trust 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 , the property, assets, profits and net income of Trust are irrevocably dedicated to said purposes and no part of the profits or net income of Trust shall ever inure to the benefit of any individual ; and WHEREAS, Trust is the owner of certain real property 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, Trust , out of desire to promote public welfare , and share the natural and scenic beauty and enjoyment of their property with the citizens of the Midpeninsula area, hereby agrees to sell and convey the entirety of said real property to District, and District wishes to purchase and receive said real property upon the conditions and for the considerations set forth herein. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED as follows : 1 . Purchase and Sale. Trust agrees to sell to District and District agrees to purchase from Trust , Trust ' s real property located within an unincorporated area of the County of San Mateo, State of California, containing approximately Thirty-four and Forty-two one hundreths (34 . 42) acres , more or less, and commonly referred to as San Mateo County Assessor ' s Parcel No. 085-080-130; said property being further described in the legal description attached to Preliminary Title Report Number 366921 dated May 2 , 1991 , from First American Title Insurance 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.," Purchase Agreement - POST Page 2 2 . Purchase Price. The total purchase price ( "Purchase Price" ) for the Property shall be Two Hundred Twenty-five Thousand and No/100 Dollars ($225, 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 9 herein, an escrow shall be opened at First American Title Insurance Company, 555 Marshall Street, Redwood City, CA 94064 , phone number (415) 367-9050, or other title company acceptable to District and Trust (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 December 13 , 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 San Mateo County. (b) Trust 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) Trust shall deposit into the escrow on or before the Closing an executed and recordable Grant Deed covering the Property. Closing: (d) District shall deposit into the escrow, on or before the (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 Two Hundred Twenty-five Thousand and No/100 Dollars ($225, 000. 00) . (e) District shall pay for the escrow fees , the CLTA Standard Policy of Title Insurance, if required by District, and all recording lip Purchase Agreement -- Landre et al. Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof . MIDPENINSULA REGIONAL OPEN SPACE SELLER DISTRICT APPROVED AS TO FORM: Johk K. Landr"Ly' — r Date : Stanley Nor on,' Distric Counsel �— ACCEPTE R RECOMMENDATION: Padraig L ndre Date . L. Craig Britton, SR/WA Land Acquisition Manager APPROVED AND ACCEPTED: C ler F1 ckinger Date : Z-/ President, Board of Directors Charles P. Irwin, Trustee ATTEST: Date: District Clerk Date : N ncy . Irwin, Trustee Date: &)Z-1//// Order No. 366923 PRELIMINARY REPORT FIRST AMERICAN TITLE INSURANCE COMPANY 555 Marshall Street Redwood City , CA 94064 (415 ) 367-9050 MID-PENINSULA REGIONAL OPEN SPACE DISTRICT Attn : Craig Brittan 201 San Antonio Circle , Bldg . C , No. 135 Mountain View, CA Customer ' s Reference : Form of Policy Coverage Requested : ALTA LOAN POLICY - 1990 and CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY- ( 1990) OR AMERICAN LAND TITLE ASSOCIATION OWNER POLICY - ( 1990) WITH REGIONAL EXCEPTIONS In response to the above referenced application for a policy of title insurance , this Company hereby reports that it is prepared to issue , or cause to be issued , as of the date hereof , a Policy or Policies of Title Insurance, describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect , lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules , Conditions and Stipulations of said Policy forms . The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached . Copies of the Policy forms should be read . They are available from the office which issued this report . This report (and any supplements or amendments hereto) is issued solelyfor the purpose of facilitating the issuance o policy P P g f a p 1 � y of title insurance and no liability is assumed hereby . If it is desired that liability be assumed prior to the issuance of a policy of title insurance , a Binder or Commitment should be requested . Dated as of May 2 , 1991 at 7 ! 30 a .m. JAMES NORRIS ESCROW OFFICER Title of said estate or interest at the date hereof is vested in: NIGNOS , a General Partnership Page 1 EXHIBIT—A Page _of Order No. 366923 The estate or interest in the land hereinafter described or referred to covered by this Report is : A FEE as to Parcel 1 ; AN EASEMENT as to Parcels II , III , IV , V, VIl VII . The land referred to in this Report is situated in the State of California , County of San Mateo and is described as follows : PARCEL 1 : Lot I of Section 3 , Township 8 South, Range 3 West , Mount Diablo Base and Meridian . PARCEL 11 : A none-exclusive easement , 60 feet wide , for ingress and egress of pedestrians and vehicles and for hauling of lumber and other commercial purposes and for the installation and maintenance of public utility lines , including gas , water , electrical and telephone lines as created by that certain instrument executed by Waldo H . Leynse and Ruth A . Leynse , his wife , recorded December 14 , 1967 in Book 5406 at Page 192 (File No. 4940-AB) Official Records of San Mateo County . PARCEL III : A non-exclusive easement , 60 feet wide , for ingress and egress of pedestrians , animals and vehicles and for hauling of lumber and other commercial purposes and for the installation and maintenance of public utility lines , including gas , water , electrical and telephone lines as created by that certain instrument executed by Arthur L . Lange and Judy Lange , his wife , recorded June 26 , 1968 in Book 5493 at Page 269 (File No. 54316- AB) Official Records of San Mateo County , California . PARCEL IV: A non-exclusive easement , 60 feet wide , for ingress and egress of pedestrians , animals and vehicles and for hauling of lumber and other commercial purposes and for the installation and maintenance of public utility lines , including gas , water , electrical and telephone lines as created by that certain instrument executed by Millard R . Humphrey and Weden P. Humphrey , his wife , recorded July 6 , 1970 in Book 5803 at page 1 (File No. 29801-AD) Official Records of San Mateo County , California . Page 2 EXHIBIT_ 04 Page Z—Of Order No. 366923 PARCEL V: A non-exclusive easement , 60 feet wide , for ingress and egress of pedestrians , animals and vehicles and for hauling of lumber and other commercial purposes and for the installation and maintenance of public utility lines , including - gas , water , electrical and telephone lines as created by that certain instrument executed by Millare R . Humphrey and Weden P. Humphrey , his wife , recorded June 21 , 1971 in Book 5964 at Page 177 (File No . 18783-AE) Official Records of San Mateo County , California . PARCEL VI : A non-exclusive easement , 60 feet wide , for ingress and egress of pedestrians , animals and vehicles and for hauling of lumber and other commercial purposes and for the installation and maintenance of public utility lines , including gas , water , electrical and telephone lines as created by that certain instrument executed by Greendyke Investments , Inc . , recorded March 17 , 1972 in Book 6111 at Page 282 (File No. 97934-AE) Official Records of San Mateo County , California . PARCEL VII : A non-exclusive easement , 40 feet wide , for ingress and egress of pedestrians , animals and vehicles and for hauling of lumber and other commercial purposes and for the installation and maintenance of public utility lines , including gas , water , electrical and telephone lines as created by that certain instrument executed by Greendyke Investments Inc. , recorded May 11 , 1972 in Book 6146 at page 334 (File No. 15840-AF) Official Records of San Mateo County , California . A .P . No . : 085-160-090 3PN 085 016 160 09 A At the date hereof exceptions to coverage in ' addition to the printed exceptions and exclusions contained in said policy form would be as follows: 1 . General and Special Taxes for the fiscal year 1991-92 , now a lien, amount not yet ascertainable. 2 . General and Special Taxes for the fiscal year 1990-91 in the amount of $21 .63 , each installment , have been paid in full . Code Area : 066-005 A.P. No. : 085-160-090 Page 3 EXHIBIT Page of Order No. 366923 3 . The Lien of Supplemental Taxes assessed pursuant to Chapter 3 . 5 , Commencing with Section 75 of the California Revenue and Taxation Code . 4 . EASEMENT for drainage within any creek or stream traversing the herein described property , together with the rights of the public in and ' to the waters and the use of such creeks or streams , to the high water mark . S . EASEMENT for road and utility purposes over so much of the herein described property that lies within the boundaries of any and all public and private roads . 6 . POSSIBLE EFFECT OF RIGHT OF WAY, through, over and across lands in possession of California Timber Company, a corporation, (predecessor in interest of Western Shore Lumber Company) as to a portion of the herein described property, for the purpose of logging , transporting and hauling through and across said lands , all wood and timber on lands belonging to grantee, with right to build and maintain all necessary roads and trials for such purposes and for bringing of supplies , machinery and all other purposes connected with the logging and lumber business of grantee , as granted by California Timber Company, a corporation, to Timothy Hopkins , by Deed dated December 14 , 1905 and recorded December 16 , 1906 in Book 121 of Deeds at page 312 , Records of San Mateo County , California . The location of said Right of Way is not disclosed of record . 7 . COVENANTS, CONDITIONS AND RESTRICTIONS, as contained in that certain Deed : Executed by : Arthur L . Lange and Judy Lange , his wife , Grantors To : Norman R . Hosking and Blodwan A. Hosking Dated : June 19 , 1968 Recorded ! June 26 , 1968 Document No. : 54316-AB Book/Reel 5493 of Official Records at page/image 269 , Records of San Mateo County , California . Said instruments contains a clause for the payment of maintenance and upkeep charges . 8 . DEED AND COVENANTS OF EASEMENT , upon the terms and conditions as contained therein: Executed by : Millard R . Humphrey and Weden P . Humphrey and Between ! Norman R . Hosking and Blodwen A. Hosking , et al Dated : October 6 , 1968 Recorded : July 6 , 1970 Document No . : 29801-AD Book/Reel 6803 of Official Records at page/image 1 , Records of San Mateo County , California . Said instrument contains a clause for the payment of maintenance and upkeep charges . Page 4 EXHIBIT t4 ?a-3 e of I�AL Order No. 366923 9 . DEED AND COVENANTS OF EASEMENT, upon the terms and conditions as contained therein: Executed by : Millard R. Humphrey and Weden P. Humphrey and Between : Vince S . Garrod and Jane Whiteman Garrod Dated : June 8 , 1971 Recorded : June 21 , 1971 Document No . : 18783-AE Book/Reel S964 of Official Records at page/image 177 , Records of San Mateo County , California . Said instrument contains a clause for the payment of maintenance and upkeep charges . 10 . DEED AND COVENANTS OF EASEMENT , upon the terms and conditions as contained therein: Executed by : Greendyke Investments , Inc . and Between: Vince S . Garrod and Jane Whiteman Garrod Dated : February 2S , 1972 Recorded : March 17 , 1972 Document No . : 97934-AE Book/Reel 6111 of Official Records at page/image 282 , Records of San Mateo County , California . Said instrument contains a clause for the payment of maintenance and upkeep charges . 11 . DEED AND COVENANTS OF EASEMENT , upon the terms and conditions as contained therein: Executed by : Greendyke Investments Inc . and Between: Sidney A. Wohl Dated : May 8 , 1972 Recorded : May 11 , 1972 Document No . : 15840-AF Book/Reel 6146 of Official Records at page/image 334 , Records of San Mateo County , California . Said instrument contains a clause for the payment of maintenance and upkeep charges . 12 . RIGHT OF WAY AND JOINT MAINTENANCE AGREEMENT, upon the terms and conditions as contained therein : Executed by : W. H. Leynse , et al and Between: Vince S . Garrod and Jane Whiteman Garrod Recorded : July 9 , 1974 Document No. : 61227-AH Book/Reel 6652 of Official Records at page/image 178 , Records of San Mateo County , California . Said instrument contains a clause for the payment of maintenance and upkeep charges . Page S I EXHIBIT J4 Order No. 366924 5 . EASEMENT for road and utility purposes over so much of the herein described property that lies within the boundaries of any and all public and private roads . 6 . POSSIBLE EFFECT OF RIGHT OF WAY, through, over and across lands in possession of California Timber Company, a corporation, (predecessor in interest of Western Shore Lumber Company) as to a portion of the herein described property, for the purpose of logging , transporting and hauling through and across said lands , all wood and timber on lands belonging to grantee, with right to build and maintain all necessary roads and trials for such purposes and for bringing of supplies , machinery and all other purposes connected with the logging and lumber business of grantee , as granted by California Timber Company , a corporation, to Timothy Hopkins , by Deed dated December 14 , 1906 and recorded December 16 , 1905 in Book 121 of Deeds at page 312 , Records of San Mateo County , California . The location of said Right of Way is not disclosed of record . 7 . COVENANTS, CONDITIONS AND RESTRICTIONS, as contained in that certain Deed : Executed by : Arthur L . Lange and Judy Lange , his wife , Grantors To : Norman R . Hosking and Blodwan A. Hosking Dated - June 19 , 1968 Recorded : June 26 , 1968 Document No . : 64316-AB Book/Reel 5493 of official Records at page/image 269 , Records of San Mateo County , California . Said instruments contains a clause for the payment of maintenance and upkeep charges . 8 . DEED AND COVENANTS OF EASEMENT, upon the terms and conditions as contained therein: Executed by : Millard R . Humphrey and Weden P. Humphrey and Between : Norman R . Hosking and Blodwen A. Hosking, et al Dated : October 5 , 1968 Recorded : July 6 , 1970 Document No . : 29801 -AD Book/Reel 5803 of Official Records at page/image 1 , Records of San Mateo County , California . Said instrument contains a clause for the payment of maintenance and upkeep charges . Page 4 EXHIBI 4 of Page Order No. 566924 9 . DEED OF TRUST to secure an indebtedness in the original amount of $7 , 500 .00 and any other amounts and/or obligations secured thereby , Trustor : John Robert Glerum and Mary Louise Glerum, his wife Trustee : Western Title Insurance Company , a corporation Beneficiary : Waldo H . Leynse Dated : June 10 , 1970 Recorded ! July 6 , 1970 Document No . : 29804-AD Book/Reel 5802 of Official Records at page/image 749 , Records of San Mateo County , California . Beneficiary 's Address - 2600 E1 Camino Real , Palo Alto, CA Loan No . - Not Shown i 10 . DEED AND COVENANTS OF EASEMENT , upon the terms and conditions as contained therein: Executed by: Millard R. Humphrey and Weden P. Humphrey and Between: Vince S. Garrod and Jane Whiteman Garrod Dated : June 8 , 1971 Recorded : June 21 , 1971 Document No . : 18783-AE Book/Reel 5964 of Official Records at page/image 177 , Records of San Mateo County , California . Said instrument contains a clause for the payment of maintenance and upkeep charges . 11 . DEED AND COVENANTS OF EASEMENT , upon the terms and conditions as contained therein: Executed by : Greendyke Investments , Inc . and Between: Vince S . Garrod and Jane Whiteman Garrod Dated : February 25 , 1972 Recorded : March 17 , 1972 Document No . : 97934-AE Book/Reel Sill of Official Records at page/image 282 , Records of San Mateo County , California . Said instrument contains a clause for the payment of maintenance and upkeep charges . 12 . RIGHT OF WAY AND JOINT MAINTENANCE AGREEMENT, upon the terms and conditions as contained therein: Executed by : W. H. Leynse, et al and Between: Vince S. Garrod and Jane Whiteman Garrod Recorded : July 9 , 1974 Document No . : 61227-AH Book/Reel 6652 of Official Records at page/image 178 , Records of San Mateo County , California . Said instrument contains a clause for the payment of maintenance and upkeep charges . Page 5 FXH I B IT Page —i5®f Order No. 366924 13 . DEED OF TRUST o secure an indebtedness in the original amount of $37 ,267 .35 and any other amounts and/or obligations secured thereby , Trustor : John K . Landre and Padraig Landre Trustee : Western Title Insurance Company ,k a corporation Beneficiary : Robert J . Givens and Kathleen P . Givens , his wife , & James H . Hanson and Catherine A . Hanson , his wife , as Tenants in Common, each to an undivided one-half interest Dated : January 27 , 1977 Recorded : February 1 , 1977 Document No . : 77125-AK Book/Reel 7371 of Official Records at page/image 732 , Records of San Mateo County , California . Beneficiary 's Address - 20556 Scofield Drive , Cupertino, CA 95014 Loan No . - Not Shown 14 . THE TERMS and provisions of that certain Agreement to maintain real property within the provisions of the Williamson Act and its Amendments dated February 15 , 1977 , between the County of San Mateo , a political subdivision of the State of California , and James H. Hanson and Catherine A . Hanson , recorded February 28 , 1977 in Book/Reel 7392 of Official Records at page/image 421 Document No . 85996-AK Records of San Mateo County , California . 15 . ANY AND ALL unrecorded subsisting leases and rights of parties in possession. 16 . ANY FACTS , rights , interest or claims which a correct ALTA survey would disclose . 17 . THE TERMS, provisions and conditions of the Trust herein mentioned which are not disclosed of record . A copy of said Trust must be submitted to this office prior to closing . There have been no deeds recorded within the last two years prior to the date of this report , affecting the herein described property . Page 6 ILA ,ItHIBIT f page AO Order No. 366924 NOTE: This report is subject to a cancellation charge as required by Sections 12404, et seq. , of the Insurance Code of the State of California and Rule No. 2 of Department of Insurance Bulletin No. Ns. 35 E. ORDER DATE : May 1 , 1991 S .T .R . DATE ! None TSP/mt/PMA I' II Page 7 EXHIBIT J�L Page 141e f PG. /2 PG. 13 As- PG. 14 u:o uro• 3 2 A 85- 16 i I I W I ' O �l I © ' 00, I I I PARCEL I A I \I fli I �a :o 1261.04' 2440 .320.w' v o V to cv 'v h � J J O O � W PARCEL e a ♦RACE[ i I � v � not be a surveXot IttglFRr 2 Q til -Thla at3p may Or may � it for - I Q Q 1 /� _ ddpicted ha/gpn. You should not rely Won a k o� ally VurPosv other than orbntntlat t cted.F�� as I O I�x atiun of the Parma or Pamela depl Anxrrlcan expressly dfaClairna any liability for alleged loss ar darna9e whch may result from olL re11anC@upon tJtla ma?. a5, r 3 2 J iLrn P 6I '6147 tCd9 2 I I . PG. /7 101 I I DES LA HONDA - PESCADERO UNIFIED SCHOOL DISTRICT I I 12 JI ASSESSOR'S ♦!dn COL/N7Y O� SAH .0 A7f0 CA /0-l4 . V'I I - ---- ------- PURCHASE AGREEMENT This Agreement is made and entered into by and between John K. Landre, Padraig Landre, Chandler Flickinger, and Charles P. Irwin and Nancy R. Irwin as Trustees of the Irwin Living Trust dated May 22, 1984 , hereinafter called "Seller" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, hereinafter called "District . " WITNESSETH WHEREAS , Seller is the owner of certain real property which has open space and recreational value, located within an unincorporated area of the County of San Mateo, and being more particularly described within the body of this Agreement; and WHEREAS , District was formed by voter initiative to solicit and receive conveyances of real property by purchase, exchange, gift, or bargain purchase for public park, recreation, scenic and open space purposes; and WHEREAS, District desires to purchase said property for open space preservation and as part of the ecological and aesthetic resources of the midpeninsula area; and WHEREAS , Seller wishes to sell and convey the entirety of said property to District, and District wishes to purchase said property upon the terms and conditions set forth herein. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED as follows: 1 . Purchase and Sale. Seller agrees to sell to District and District agrees to purchase from Seller , Seller ' s real property located within an unincorporated area of the County of San Mateo, State of California, containing approximately forty (40) acres , more or less , and commonly referred to as San Mateo County Assessor ' s Parcel No. 085-160-090 ; said property being further described in the legal description attached to Preliminary Title Report Number 366923 , dated May 22, 1991 , from First American Title Insurance 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 Two Hundred Fifty Thousand and No/100 Dollars ($250, 000 . 00) , which shall be paid in cash at the Closing (as defined in Section 3 hereof) . Purchase Agreement -- Landre et al . Page 2 3 . Escrow. Promptly upon execution of this Agreement, in accordance with Section 11 herein, an escrow shall be opened at First American Title Insurance Company, 555 Marshall Street, Redwood City, CA 94064 phone number (415) 367-9050, or other title company acceptable to District and Seller (hereinafter "Escrow Holder") through which the purchase and sale of the Property shall be consummated. A fully executed copy of this Agreement shall be deposited with Escrow Holder to serve as escrow instructions to Escrow Holder; provided that the parties shall execute such additional supplementary or customary escrow instructions as Escrow Holder may reasonably require. This Agreement may be amended or supplemented by explicit additional escrow instructions signed by the parties, but the printed portion of such escrow instructions shall not supersede any inconsistent provisions contained herein. Escrow Holder is hereby appointed and instructed to deliver, pursuant to the terms of this Agreement, the documents and monies to be deposited into the escrow as herein provided, with the following terms and conditions to apply to said escrow: (a) The time provided for in the escrow for the close thereof shall be on or before December 13 , 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 San Mateo County. (b) Seller and District shall , during the escrow period, execute any and all documents and perform any and all acts reasonably necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agreement. (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 Two Hundred Fifty Thousand and No/100 Dollars ($250, 000. 00) . (e) District and Seller shall equally share (50/50) the cost of 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 San Mateo 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. ---------------------------- - - - - - - - - - - - - - - -- --- Purchase Agreement -- Landre et al . Page 3 M Seller shall cause First American Title Insurance Company, or other title company acceptable to District and Seller , to be prepared and committed to deliver to District a CLTA standard coverage Policy of Title Insurance , dated as of the Closing, insuring District in the amount of $250 , 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) exceptions 4 through 13, as listed in said Preliminary Title Report (Exhibit A) , (iii) title exceptions 4 through 13 and 15 as listed in said Preliminary Title Report (Exhibit A) , and (iv) such additional title exceptions as may be acceptable to District. In the event District disapproves of any additional title exceptions and Seller is unable to remove any District disapproved exceptions before the time set forth for the Closing, District shall have the right either: (i) to terminate the escrow provided for herein (after giving written notice to Seller of such disapproved exceptions and affording Seller at least twenty (20) days to remove such exceptions) and then Escrow Holder and Seller shall , upon District ' s direction, return to the parties depositing the same, all monies and documents theretofore delivered to Escrow Holder or; (ii) to close the escrow and consummate the purchase of the Property. (g) Escrow Holder shall , when all required funds and instruments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled, cause the Grant Deed and attendant Certificate of Acceptance to be recorded in the office of the County Recorder of San Mateo 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 canceled 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 . Except for David L. Pruitt, Seller warrants that there exist no oral or written leases or rental agreements affecting all or any portion of the Subject Property. Seller further warrants and agrees to hold District free and harmless and to reimburse District for any and all costs , liability, loss , damage or expense , including costs for legal services, occasioned by reason of any Purchase Agreement -- Landre et al. Page 4 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 § q. Seller understands and agrees that the provisions of this paragraph shall survive the close of escrow and recordation of any Grant Deed (s) . 6 . Seller ' s Representations and Warranties . For the purpose of consummating the sale and purchase of the Property in accordance herewith, Seller represents and warrants to District that as of the date this Agreement is fully executed and as of the date of Closing: 6 . 01 Authority. Seller has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder. 6 . 02 Valid and Binding Agreements. This Agreement and all other documents delivered by Seller to District now or at the Closing have been or will be duly authorized and executed and delivered by Seller and are legal , valid and binding obligations of Seller sufficient to convey to District the Subject Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which Seller is a party or by which Seller may be bound or any articles , bylaws or corporate resolutions of Seller. 6 . 03 Good Title. Seller has and at the Closing date shall have good, marketable 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. The only exception to this requirement shall be the acts reasonably necessary on Seller ' s part to keep the access roads and driveways open and to complete the move of Seller' s personalty from the Subject Property and to complete the Property clean-up as provided in Section 11 hereinbelow. 8 . 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. ----------- it Purchase Agreement Landre et al . Page 5 (a) Seller warrants and represents that: M 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) 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 personal property of Seller and many years accumulation of miscellaneous materials , parts and debris which are not being acquired by District. It is agreed that Seller shall use "best efforts" to complete the clean-up of the property as soon as possible and remove these items from the Property at the direction of District, but in any event such clean-up and removal shall be completed on or before one hundred eighty (180) days following close of escrow. It is further agreed that from the amount payable under Section 2 of this Agreement, District is authorized to withhold the sum of Five Thousand and No/100 Dollars ($5000 .00) in escrow to cover District ' s cost of removing said items in the event Seller fails to perform or to leave the premises in a clean and presentable condition. District shall release the $5000 to Seller if within the one hundred eighty (180) days Seller completes the clean-up to District ' s satisfaction. If Seller does not, District shall give Seller written notice of any deficiency (to be corrected within ten (10) days) , shall continue to withhold the $5000 and may retain $100 per day therefrom as liquidated damages and apply the balance, or an appropriate portion thereof , to defray any expense incurred by District upon District ' s completing the clean-up as provided herein. The remaining balance, if any shall be refunded by District to Seller. 10 . Miscellaneous Provisions . 10 . 01 Choice of Law. The internal laws of the State of California, regardless of any choice of law principles , shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties . 10 . 02 Attorneys ' Fees. If either party hereto incurs any expense, including reasonable attorneys ' fees , in connection with any action or proceeding instituted by reason of any default or alleged default ------------ Purchase Agreement Landre et al . Page 6 of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover from the other party reasonable expenses and attorneys ' fees in the amount determined by the Court, whether or not such action or proceeding goes to final judgment. In the event of a settlement or final judgment in which neither party is awarded all of the relief prayed for, the prevailing party as determined by the Court shall be entitled to recover from the other party reasonable expenses and attorneys ' fees. 10 . 03 Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may: (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 shall be addressed as follows : Seller: John K. Landre Padraig Landre Chandler Flickinger Charles P. Irwin and Nancy R. Irwin 14500 Big Basin Way, Suite K Saratoga, CA 95070 (408) 867-3222 FAX (408) 867-5659 Purchase Agreement -- Landre et al . Page 7 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, facsimile or cable, a conformed copy of such tele- graphic, facsimiled or cabled notice shall promptly be sent by mail (in the manner provided above) to the addressee . Service of any such communication made only by mail shall be deemed complete on the date of actual delivery as shown by the addressee' s registry or certification receipt or at the expiration of the third Ord) business day after the date of mailing, whichever is earlier in time. Either party hereto may from time to time, by notice in writing served upon the other as aforesaid, designate a different mailing address or a different person to which such notices or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement shall excuse either party from giving oral notice to the other when prompt notification is appropriate, but any oral notice given shall not satisfy the requirement of written notice as provided in this Section. 10 . 06 Severability. If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is binding upon the parties, the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement. The parties further agree to replace such void or unenforceable provisions which will achieve, to the extent possible, the economic , business and other purposes of the void or unenforceable provisions . 10 .07 Counterparts . This Agreement may be executed in separate counterparts , each of which shall be deemed as an original , and when executed, separately or together, shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instrument. 10 . 08 Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as , a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement . Purchase Agreement -- Landre et al . Page 8 10 . 09 Entire Agreement. This Agreement is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes a complete and exclusive statement of the terms and conditions thereof , and it supersedes any and all prior correspondence, conversations , negotiations , agreements or understandings relating to the same subject matter. 10 . 10 Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element. 10 . 11 Survival of Covenants. All covenants of District or Seller which are expressly intended hereunder to be performed in whole or in part after the Closing, and all representations and warranties by either party to the other, shall survive the Closing and be binding upon and inure to the benefit of the respective 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 _A,s Assigns . This Agreement and all of its terms , conditions and covenants are intended to be fully effective and binding, to the extent permitted by law, on the successors and permitted assigns of the parties hereto. 10 .15 Broker ' s Commission. District shall not be responsible for any real estate commission or other related costs or fees in this transaction. Seller agrees to and does hereby indemnify and hold District harmless from and against any and all costs, liabilities, losses , damages , claims, causes of action or proceedings which may result from any broker , agent or finder , licensed or otherwise, claiming through, under or by reason of the conduct of Seller in connection with this transaction. 10 . 16 Captions . Captions are provided herein for convenience only and they form no part of this Agreement and are not to serve as a basis for interpretation or construction of this Agreement, nor as evidence of the intention of the parties hereto. 10 . 17 Pronoun References . In this Agreement, if it be appropriate, the use of the singular shall include the plural , and the plural shall include the singular, and the use of any gender shall include all other genders as appropriate . ----------------------- Purchase Agreement -- Landre et al . Page 9 11 . Acceptance. Provided that this Agreement is signed by Seller and returned to District on or before November 5, 1991 District shall have until midnight November 13, 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. protection of redwood trees and redwood forests . 4 . ENFORCEMENT DISTRICT grants to LEAGUE, the right but not the obligation, to enter upon the Subject Property for the purpose of monitoring and enforcing any term, condition, restriction or covenant of this Agreement or to prevent or prohibit any activity which is contrary to the stated purposes , terms , conditions , restrictions or covenants of this Agreement which will or may destroy the natural and scenic characteristics of the Subject Property. The stated purposes , terms , conditions , restrictions and covenants set forth herein and each and all of them may be specifically enforced or enjoined by proceedings in the Superior Court of the State of California. 5. MUTUAL INDEMNITY Each party shall indemnify and hold harmless the other from any and all claims arising out of activities conducted by or under the auspices of the indemnifying party. 6 . CONDEMNATION In the event the Subject Property or any portion thereof is sought to be condemned for another public use, this Agreement and each and every term, condition, restriction, and covenant contained herein shall terminate as of the time of the filing of the complaint in condemnation as to that portion of the Subject Property sought to be taken for another public use only, but shall remain in effect relative to all other portions of the Subject Property. The DISTRICT shall be entitled to such compensation for the taking as it would have been entitled had the Subject Property not been burdened by this Agrement; provided, however, that each and every term, condition, restriction and covenant of this Agreement shall be observed by DISTRICT, its successors or assigns , during the pendency of such action and provided further that in the event such action is abandoned prior to the recordation of a final Judgement in condemnation relative to the Subject Property, or some portion thereof is not actually acquired for such other public use, the Subject Property shall , at the time of such -5- abandonment, or at the time it is determined that the Subject Property shall not be taken for such other public use, once again be subject to this Agreement and to each and every stated purpose"' term, condition, restriction and covenant of this Agreement. Provided, however, that if the Subject Property or any portion thereof is sought to be acquired, appropriated, or condemned for a use incompatible with this Agreement, by any other public of quasi-public entity, the presumptions contained in Section 1240 . 680 of the Code of Civil Procedure and Section 5542 . 5 of the Public Resources Code shall be asserted by DISTRICT to protect its and the LEAGUE ' S interest in the Subject Property, and preserve the open space and recreation character thereof . 7 . ENFORCEABLE RESTRICTION This Agreement and each and every term, condition, restriction and covenant contained herein is intended (a) for the benefit of the LEAGUE, its successors or assigns ; and (b) for the benefit of the residents of the Midpeninsula area in which this Subject Property is located; and constitutes an enforceable restriction. This covenant is expressly intended by DISTRICT and LEAGUE to run with the land described in said Exhibit "A" , to constitute an equitable servitude therein, and shall bind each and every successive owner of said land, or of any interest therein, and shall be enforceable by the LEAGUE, its successors and assigns . Nothing herein shall be deemed to require the approval or consent of any other owner or occupant of any other parcel of real property located within or without the boundaries of the Midpeninsula Regional Open Space District or create any right in any third party for such enforcement of the terms of this Restriction with Covenants . THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Attest: By: District Clerk Nonette Hanko, President Board of Directors Dated: Dated: -6- EXHIBIT A That certain real property situated in the unincorporated territory of the County of San Mateo, State of California and being more particularly described as follows : The Southwest 1/4 of the Southwest 1/2 of Section 35, Township 7 South, Ridge 3 West, Mount Diablo Base and Meridian. PURCHASE AGREEMENT This Agreement is made and entered into by and between John K. Landre and Padraig Landre , as tenants in common, each as to an undivided one-half interest, hereinafter called "Seller" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, hereinafter called "District. " WITNESSETH WHEREAS , Seller is the owner of certain real property which has open space and recreational value, located within an unincorporated area of the County of San Mateo, and being more particularly described within the body of this Agreement; and WHEREAS , Seller entered into that certain "Exclusive Authorization and Right to Sell" agreement with Skywood Realty on May 5, 1991 , 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 it District, and District wishes to purchase said property upon the terms and conditions set forth herein. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED as follows : 1 . Purchase and Sale. Seller agrees to sell to District and District agrees to purchase from Seller, Seller ' s real property located within an unincorporated area of the County of San Mateo, State of California, containing approximately Forty (40) acres , more or less, and commonly referred to as San Mateo County Assessor ' s Parcel No. 085-160- 100; said property being further described in the legal description attached to Preliminary Title Report Number 366924 , dated May 2, 1991 , from First American Title Insurance 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 Four Hundred Thirty Thousand and No/100 Dollars ($430 , 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- Purchase Agreement Landre Page 2 ance with Section 17 herein, an escrow shall be opened at First American Title Insurance Company, 555 Marshall Street, Redwood City, CA 94064, phone number (415) 367-9050 , 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 Friday, December 13, 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 San Mateo County. (b) Seller and District shall , during the escrow period, execute any and all documents and perform any and all acts reasonably necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agreement. (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: W 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 Four Hundred Thirty Thousand and No/100 Dollars ($430 , 000 . 00) . (e) Seller and District shall share equally (50/50) the costs for the escrow fees , the CLTA Standard Policy of Title Insurance, 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 San Mateo 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. M Seller shall cause First American Title Insurance Company, or other title company acceptable to District and Seller, to be prepared and committed to deliver to District a CLTA standard coverage Policy of Title Insurance, dated as of the Closing, insuring District in the amount Purchase Agreement - Landre Page 3 of $430, 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) with exceptions 4 through 8 , 10 through 12 and 14 as shown 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 exceptions before the time set forth for the Closing, District shall have the right either: (i) to terminate the escrow provided for herein (after giving written notice to Seller of such disapproved exceptions and affording Seller at least twenty (20) days to remove such exceptions) and then Escrow Holder and Seller shall , upon District ' s direction, return to the parties depositing the same, all monies and documents theretofore delivered to Escrow Holder or; (ii) to close the escrow and consummate the purchase of the Property. (g) Escrow Holder shall , when all required funds and instruments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled, cause the Grant Deed and attendant Certificate of Acceptance to be recorded in the Office of the County Recorder of San Mateo 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 canceled 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, or any occupants in or on the Subject Property, and that Seller vacated the property prior to District interest in acquiring the Subject Property. Seller further warrants and agrees to hold District free and harmless and to reimburse District for any and all costs, liability, loss , damage or expense, including costs for legal services, occasioned by reason of any such lease , rental agreement or occupancy 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) . Purchase Agreement - Landre Page 4 6. Seller ' s Representations and Warranties . For the purpose of consummating the sale and purchase of the Property in accordance herewith, Seller represents and warrants to District that as of the date this Agreement is fully executed and as of the date of Closing: 6 . 01 Authority. Seller has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder. 6 . 02 Valid and Binding Agreements . This Agreement and all other documents delivered by Seller to District now or at the Closing have been or will be duly authorized and executed and delivered by Seller and are legal , valid and binding obligations of Seller sufficient to convey to District the Subject Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which Seller is a party or by which Seller may be bound or any articles, bylaws or corporate resolutions of Seller. 6.03 Good Title. Seller has and at the Closing date shall have good, marketable 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. The only exception to this requirement shall be the acts reasonably necessary on Seller ' s part to keep the access roads and driveways open and to complete the move of Seller ' s personal property from the Subject Property. 8 . 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: Purchase Agreement - Landre Page 5 W 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, except for the underground diesel tank installed by Seller for use in conjunction with the existing generator electrical system. (ii) Seller has no knowledge of the presence on the Property of any hazardous substance, whenever or however placed or stored. (b) If hazardous substances are subsequently found to exist on the Property, District may exercise its right to bring an action if necessary to recover cleanup costs from Seller or any other person or persons who are ultimately determined to have responsibility for the hazardous substances on the Property. However, under no circumstances shall Seller be held liable for costs other than those incurred in the cleanup of the hazardous substances resulting from Seller ' s ownership and operation of the Property. 9 . Removal of Personal Property and Debris . It is understood and agreed that located on the Property being acquired by District are many items of personal property of Seller and many years accumulation of miscellaneous materials, parts and debris which are not being acquired by District. It is agreed that Seller shall use "best efforts" to complete the clean-up of the property as soon as possible and remove these items from the Property at the direction of District, but in any event such clean-up and removal shall be completed on or before one hundred eighty (180) days following close of escrow. It is further agreed that from the amount payable under Section 2 of this Agreement, District is authorized to withhold the sum of Five Thousand and No/100 Dollars ($5000. 00) in escrow to perform or to leave the premises in a clean and presentable condition. District shall release the $5000 to Seller if within the one hundred eighty (180) days Seller completes the clean-up to District ' s satisfaction. If Seller does not, District shall give Seller written notice of any deficiency (to be corrected within ten (10) days) , shall continue to withhold the $5000 and may retain $100 per day therefrom as liquidated damages and apply the balance, or an appropriate portion thereof , to defray any expenses incurred by District upon District' s completing the clean-up as provided herein. The remaining balance, if any shall be refunded by District to Seller. 10 . Relocation. It is understood and agreed by and between the parties hereto, that the payment stipulated in Section 2 hereinabove, includes , but is not limited to, the full and total relocation obligation District may have as a result of this transaction and includes payment for any and all claims Seller (or those claiming through Seller) may have for relocation assistance benefits and/or payments including, but not limited to: relocation advisory assistance, rental differential payments , purchase expenses , self-move expenses , loss of tangible personal property, search expenses, in-lieu payment of business and/or farm relocation assistance; all pursuant to California Government Code Title 1 , Division 7 , Chapter 17 (Section 7260 et seq. ) . 11 . Premises in Good Order and Repair. Since the Property is improved and includes many structures , trails , roads and appurtenant water Purchase Agreement - Landre Page 6 systems and the like, Seller agrees to leave the entire premises in good order and repair and disclose all defects to District as provided in Section 15 hereinbelow. 12 . Miscellaneous Items Acquired. It is understood and agreed by and between the parties hereto that the payment specified in Section 2 hereinabove includes , but is not limited to, payment for: complete water system, window coverings , built-in appliances (stove-top, oven and refrigerator) , satellite dish antennae system, bed in master bedroom, washing machine, three wood heating stoves (one in the main house and two in garage) , generator and electrical system, 12-volt back-up electrical system, propane light fixtures , septic system, and all other improvements permanently attached or affixed to the buildings , and to the property which are being acquired by District as a part of this transaction. 13. Maintenance. (a) The following systems are to be operative until District takes possession: (i) heating, cooling, plumbing, built-in appliances , electrical , sewer/septic, outside door locks and any other mechanical system presently installed on property, roof to be free of leaks; (b) Until Closing District ' s possession, as further provided herein, Seller shall maintain the Property (including all buildings, roads and drainage, grounds and landscaping) in the same general condition as of the date of acceptance of this Agreement by District. By said Closing and possession date, the Property is to be cleaned and free of all personal belongings and debris , except as further provided herein. (c) Should labor or materials be required to comply with any repair provisions of this Agreement, Seller agrees that all work shall be performed using good workmanship and with materials of comparable quality, in compliance with applicable Codes and Permits (where required) and completed prior to the Closing. 14 . Risk of Loss . Any risk of loss to the Property for any reason whatsoever shall be borne by Seller until title to said Property has been conveyed to District by recorded Deed. 15. Disclosures . Seller will provide District with a fully completed Real Estate Transfer Disclosure Statement, signed by Seller no later than November 12 , 1991 , unless otherwise agreed in writing by the parties hereto. 16. Miscellaneous Provisions . 16 . 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 . 16 . 02 Attorneys ' Fees. If either party hereto incurs any Purchase Agreement Landre Page 7 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 . 16 . 03 Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any Party hereto may: M 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. 16 . 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.16 . 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 shall be addressed as follows : Seller: John K. Landre 14500 Big Basin Way, Suite K Saratoga, CA 95070 (408) 867-3222 FAX (408) 867-5659 Purchase Agreement - Landre Page 8 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 ti Copy To: Stanley R. Norton, Esq. 407 Sherman Avenue Palo Alto, CA 94306 (415) 324-1366 FAX (415) 327-9151 If sent by telegraph, facsimile or cable, a conformed copy of such tele- graphic, facsimiled 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. 16 . 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 . 16.07 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. Purchase Agreement - Landre Page 9 16 .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. 16 . 09 Entire Agreement. This Agreement is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes a complete and exclusive statement of the terms and conditions thereof , and it supersedes any and all prior correspondence, conversa- tions , negotiations , agreements or understandings relating to the same subject matter. 16 . 10 Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element. 16 . 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 . 16 . 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. 16 . 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. 16 . 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. 16 . 15 Broker ' s Commission. Included in the amount payable under Section 2 hereinabove, a real estate agent ' s commission in the amount of Twelve Thousand Nine Hundred and no/100 Dollars ($12 , 900 . 00) , which is 3% of the Purchase Price, shall be paid at closing to Skywood Realty by the Escrow Holder. District shall not be responsible for any other real estate commission or other costs or fees related to this transaction. Seller agrees to and does hereby indemnify and hold District harmless from and against any and all costs , liabilities , losses , damages , claims , causes of action or proceedings which may result from any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of Seller in connection with this transaction. Purchase Agreement - Landre Page 10 16 . 16 gApt-ins . 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. 16 .17 Pronoun References. In this Agreement, if it be appropriate the use of the singular shall include the plural , and the plural shall include the singular, and the use of any gender shall include all other genders as appropriate. 17 . Acceptance. Provided that this Agreement is signed by Seller and returned to District on or before November 5, 1991 District shall have until midnight November 13 , 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 - Landre Page 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof . MIDPENINSULA REGIONAL OPEN SPACE SELLER DISTRICT APPROVED AS TO FORM: John K. Landre— Date: l f Stanley Nor/ or on, Distr7l-c-r Counsel -2 ACCEP FQR RECOMMENDATION: Padraig Landre Date:— l Z/"z L. Crai on, SR/WA cquisition Manager f APPROVED AND ACCEPTED: President, Board of Directors ATTEST: District Clerk Date: i Order No. 366924 PRELIMINARY REPORT FIRST AMERICAN TITLE INSURANCE COMPANY 555 Marshall Street Redwood City, CA 94064 (415 ) 367-9060 MID-PENINSULA REGIONAL OPEN SPACE DISTRICT Attn : Craig Brittan 201 San Antonio Circle , Bldg . C , No. 135 Mountain View, CA Customer ' s Reference : Form of Policy Coverage Requested : ALTA LOAN POLICY - 1990 AND CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY- (1990) OR AMERICAN LAND TITLE ASSOCIATION OWNER POLICY - ( 1990) WITH REGIONAL EXCEPTIONS In response to the above referenced application for a policy of title insurance , this Company hereby reports that it is prepared to issue , or cause to be issued , as of the date hereof , a Policy or Policies of Title Insurance , describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect , lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules , Conditions and Stipulations of said Policy forms . The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached . Copies of the Policy forms should be read . They are available from the office which issued this report . This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby . If it is desired that liability be assumed prior to the issuance of a policy of title insurance , a Binder or Commitment should be requested . Dated as of May 2 , 1991 at 7 : 30 a .m. JAMES NORRIS ESCROW OFFICER Title of said estate or interest at the date hereof is vested in: JOHN K . LANDRE AND PADRAIG LANDRE , aka PADDY LANDRE , Trustees of THE LANDRE LIVING TRUST dated February 29 , 1984 Page 1 EXHIBIT— A j Page low I Order No. 366924 The estate or interest in the land hereinafter described or referred to covered by this Report is : A FEE as to Parcel I ; AN EASEMENT as to Parcels II thru VI . The land referred to in this Report is situated in the State of California , County of San Mateo and is described as follows : PARCEL I : Lot 4 of Section 2 , Township 8 South, Range 3 West , Mount Diablo Base and Meridian . PARCEL II : A none-exclusive easement , 60 feet wide , for ingress and egress of pedestrians and vehicles and for hauling of lumber and other commercial purposes and for the installation and maintenance of public utility lines , including gas , water , electrical and telephone lines as created by that certain instrument executed by Waldo H . Leynse and Ruth A . Leynse , his wife , recorded December 14 , 1967 in Book 5406 at Page 192 (File No . 4940-AB) Official Records of San Mateo County , California . PARCEL III : A non-exclusive easement , 60 feet wide, for ingress and egress of pedestrians , animals and vehicles and for hauling of lumber and other commercial purposes and for the installation and maintenance of public utility lines , including gas , water , electrical and telephone lines as created by that certain instrument executed by Arthur L . Lange and Judy Lange, his wife , recorded June 26 , 1968 in Book 5493 at Page 269 (File No. 54316- AS) Official Records of San Mateo County , California . PARCEL IV : A non-exclusive easement , 60 feet wide, for ingress and egress of pedestrians , animals and vehicles and for hauling of lumber and other commercial purposes and for the installation and maintenance of public utility lines , including gas , water , electrical and telephone lines as created by that certain instrument executed by Millard R . Humphrey and Weden P. Humphrey , his wife, recorded July 6 , 1970 in Book 5803 at page 1 (File No . 29801-AD) Official Records of San Mateo County , California . Page 2 EXHIBIT 14 Page 4r..Of Order No. 366924 PARCEL V: A non-exclusive easement , 60 feet wide , for ingress and egress of pedestrians , animals and vehicles and for hauling of lumber and other commercial purposes and for the installation and maintenance of public utility lines , including gas , water , electrical and telephone lines as created by that certain instrument executed by Millare R . Humphrey and Weden P . Humphrey , his wife , recorded June 21 , 1971 in Book 5964 at Page 177 (File No . 18783-AE) Official Records of San Mateo County , California . PARCEL VI : A non-exclusive easement , 60 feet wide , for ingress and egress of pedestrians , animals and vehicles and for hauling of lumber and other commercial purposes and for the installation and maintenance of public utility lines , including gas , water , electrical and telephone lines as created by that certain instrument executed by Greendyke Investments , Inc . , recorded March 17 , 1972 in Book 6111 at Page 282 (File No . 97934-AE) Official Records of San Mateo County , California . A.P. No . : 085-160-100 JPN 085 016 160 10 A At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows : 1 . General and Special Taxes for the fiscal year 1991-92 , now a lien, amount not yet ascertainable. 2 . General and Special Taxes for the fiscal year 1990-91 in the amount of $729 . 51 , each installment , have been paid in full . Homeowners Exemption $7 $000 .00 Code Area : 066-005 A .P. No . : 086-160-100 3 . The Lien of Supplemental Taxes assessed pursuant to Chapter 3 .5 , Commencing with Section 75 of the California Revenue and Taxation Code . 4 . EASEMENT for drainage within any creek or stream traversing the herein described property , together with the rights of the public in and to the waters and the use of such creeks or streams , to the high water mark . Page 3 EXHIBIT Page of Order No. 366922 10 . DEED AND COVENANTS OF EASEMENT, upon the terms and conditions as contained therein : Executed by : Robert A . Parkhurst and Between : Millard R. Humphrey and Weden P. Humphrey Dated : April 178 1969 Recorded : April 23 , 1969 Document No . : 30414-AC Book/Reel 5628 of Official Records at page/image 664 , Records of San Mateo County , California . 11 . COVENANTS, CONDITIONS AND RESTRICTIONS, but deleting res- trictions , if any , based on race, color, religion or national origin as contained in Declaration: Executed by : Millard Humphrey, a married man, and Weden Humphrey , a married man Dated : June 8 , 1971 Recorded : June 21 , 1971 Document No . : 18774-AE Book/Reel 5964 of Official Records at page/image 159 , Records of San Mateo County , California . Said Instrument does not expressly provide for forfeiture of title in case of violation. A LIEN for upkeep assessments was provided for in the above declaration. 12 . DEED AND COVENANTS OF EASEMENT, upon the terms and conditions as contained therein: Executed by : Millard R . Humphrey and Weden P. Humphrey and Between : Vince S. Garrod and Jane Whiteman Garrod Dated : June 8 , 1971 Recorded : June 21 , 1971 Document No. : 18783-AE Book/Reel 5964 of Official Records at page/image 177 , Records of San Mateo County , California . i Said Instrument contains a clause for the payment of maintenance and upkeep charges . 13 . COVENANTS, CONDITIONS, RESTRICTIONS, LIMITATIONS, RESERVA- TIONS, EASEMENTS, EXCEPTIONS, TERMS, ASSESSMENTS, LIENS AND CHARGES, but deleting restrictions , if any, based on race, color , religion or national origin as contained in Declaration: Executed by : Millard Humphrey, a married man, and Weden Humphrey , a married man hereinafte r refer red to collectively as "Declarants" Dated : December 3 , 1971 Reco rded : December 9 , 1971 Document No. : 70685-AE Book/Reel 6059 of Official Records at page/image 510, Records of San Mateo County, California . Page 5 A ���e �E�of�Z/ Order No. 366922 Said Instrument does not expressly provide for forfeiture of title in case of violation. Said Instrument does provide that a violation shall not lessen the security of any Deed of Trust or Mortgage made in good faith and for value . A LIEN for upkeep assessments was provided for in the above declaration. i 14 . DEED OF TRUST to secure an indebtedness in the original amount of $36 ,000 .00 and any other amounts and/or obligations secured thereby , Trustor : The Mud Company, a Partnership Trustee : Western Title Insurance Company, a corporation Beneficiary : James H. Hanson and Catherine A. Hanson, his wife , as Joint Tenants Dated : January 3 , 1972 Recorded : March 16 , 1972 Document No . : 97560-AE Book/Reel 6110 of Official Records at page/image S08 , Records of San Mateo County, California . . Beneficiary 's Address - 11211 Mora Drive , Los Altos , CA 94022 Loan No . - Not shown ASSIGNMENT From: James H. Hanson and Catherine A. Hanson To : The Mud Company, a Partnership Dated : June 8 , 1973 Recorded : July 25 , 1973 Document No . : 58129-AG Book/Reel 6407 of Official Records at page/image 120, Records of San Mateo County , California . Assigns all interest in Deed of Trust recorded under Document No. 97S60-AE of Official Records of San Mateo County, California . Assignee 's Address ! c/o Millard R. Humphrey, P. O. Box 2083 , Sunnyvale , CA 94087 15 . THE TERMS and provisions of that certain Agreement to maintain real property within the provisions of the Williamson Act and its Amendments dated February 1S , 1977 , between the County of San Mateo , a political subdivision of the State of California , and The Mud Company, recorded February 28 , 1977 in Book/Reel 7892 of Official Records at page/image 375 Document No . 85986-AK Records of San Mateo County , California . 16 . ANY AND ALL unrecorded subsisting leases and rights of parties in possession. 17 . ANY FACTS , rights , interest or claims which a correct ALTA survey would disclose . Page 6 EXH., A paa. T.f Order No. 366922 18 . GENERAL INDEX RUN discloses that a statement of Partnership has been recorded as follows : Name of Partnership : The Mud Company Recorded : March 8 , 1972 Document No . : 95299-AE Book/Reel 6106 of Official Records at page/image 2499 Records of San Mateo County , California . Name( s) of General Partner(s ) : Ramon Zamora , Terence F . Calyer , Wayne L . Carpenter and Jessica B . Eisele . A copy of the partnership agreement and any and all amendments thereto must be submitted to this company prior to closing any transaction. AMENDMENT STATEMENT OF PARTNERSHIP of The Mud Company was Recorded : February 13 , 1975 DOCU _Doc ument No . : 22 255- AI Book/Reel 678 3 of Official Records at page/image 344 , Records of San Mateo County, California . Said Instrument discloses that the interest of Wayne L . Carpenter has now been assigned to John T. Shook . 19 . GENERAL INDEX RUN discloses that a statement of Partnership has been recorded as follows : Name of Partnership : Mud Company Recorded : July 30 , 1987 Document No . : 87118759 of Official Records of San Mateo County , California . Name(s ) of General Partner(s) : Charles P . Irwin and Nancy R. Irwin, Trustees of the Irwin living Trust of May 22 , 1984 ; Chandler Flickinger ; John K . Landre and Padraig Landre, Trustees of the Landre Living Trust of February 29 , 1984 A copy of the partnership agreement and any and all amendments thereto must be submitted to this company prior to closing any transaction. NOTE: This report is subject to a cancellation charge as required by Sections 12404, et seq_ , of the Insurance Code of the State of California and Rule No. 2 of Department of Insurance Bulletin No. Ns . 35 E. ORDER DATE : May 1 , 1991 S .T.R. DATE : None TSP/mf/PMA Page 7 EXHIBIT I . 85- 1.3 If)/•! r+0'I •10'i II7f.fe 1 b O\ ♦ 1 / $ 1 O 1 / � I .PA R CE L'/A / +eo' 1 'PARCEL e . O'°J J 4J / I � 3/ \ +e --� Isxo• rJ 2 n7o' 34 3 "Th`s mzp mzy�r may r)ot be a sunny cl me land d'-,picluj ht.,Won. You should 1101 rely up,n it for O NI„ 12 any purpo;c o1 x r+han orlanti)lic+l :o lr.a gEt►�xul localion of ltio Parcel Or Parcels depicfod. First 2 Artrjritan explessfy dlsclalm:any IILwliity for 0 3. auepod loss&damage wrttich may result from rOIL"e upon tuft:MAP. PARCEL' MAP VOL. 34147 I i 16G ' A<<fSSOR'S NAP LA HONDA- PESCADERO UNIFIED SCHOOL D/STRICT I i i SAVE-THE-REDWOODS LEAGUE 114 Sansome Street, Room 605 San Francisco, CA 94104 Attn: John B. Dewitt, Executive Director GRANT OF RESTRICTION WITH COVENANTS WHEREAS , the Midpeninsula Regional Open Space District, hereinafter called "DISTRICT, " has heretofore entered into that certain Purchase Agreement dated November 13, 1991 , for the purchase of that certain 40 . 0 acre parcel of redwood forested land hereinafter called the "Subject Property" as more particularly described in Exhibit "A" as attached hereto and by this reference incorporated herein and made a part hereof , and WHEREAS , the Save-the-Redwoods League, a California non-profit corporation, hereinafter called "LEAGUE, " was organized as a non- profit public benefit corporation to raise funds and solicit gifts of real and personal property for the purpose of acquiring redwood forested lands in order to protect and preserve said forests for future generations , and WHEREAS , DISTRICT and LEAGUE recognize the scenic , aesthetic and special character of the Subject Property and the magnificent redwood forest contained thereon, and have the common purpose of conserving the natural and scenic values thereof by Conveyance of a Restriction with Covenants upon, over and across the Subject Property which shall conserve and protect the redwood trees and the forest environment of the Subject Property and prevent the use or development of the Subject Property for any purpose or in any manner which would conflict with the maintenance and use of the Subject Property in natural , scenic and wooded condition for public park, recreation and open space purposes . NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged: DISTRICT hereby grants to LEAGUE a Restriction With Covenants upon, over and across the Subject Property as described in said Exhibit "A" in perpetuity upon the following terms and conditions : 1 . RESERVATION OF USE BY DISTRICT DISTRICT reserves the right- to use the Subject Property in any manner consistent with the stated purposes , terms , conditions , restrictions and covenants of this Agreement and with existing zoning and other laws , rules and regulations of the State of California and the County of San Mateo, or by any other agency having jurisdiction, as such laws , rules and regulations may hereafter from time to time be amended. DISTRICT further specifically reserves the right to do the following, such right shall in no way be considered as a limitation of the general reservation of rights described in the preceding paragraph: (a) Build fences and gates of a rustic nature and erect signs as necessary to maintain security of the Subject Property; (b) Construct and maintain trails for hiking, bicycling and horse-back riding within the Subject Property, including both internal trails and connecting trails with adjacent DISTRICT land, such latter trails to be planned and developed by DISTRICT in accordance with the terms and conditions of Section (f) herein below; (c) Remove diseased and/or dead plants and trees as may be required to protect public health and safety. Live trees may only be removed on an emergency basis to protect public health and safety as determined by DISTRICT, after 48 hours notice to LEAGUE; (d) Plant native species of plants ; (e) Engage in scientific research and/or gathering of specimens of nature, in such a way as to not jeopardize the natural and scenic character of the Subject Property or damage or destroy the redwood trees thereon; (f) Develop and use the Subject Property for public open space and public low-intensity recreational use as follows : (1) Definition. All public facilities which might be developed or enhanced on the Subject Property, which would be considered by the parties hereto to be open space or low intensity recreation use , include by way of illustration, but not limitation: a) unpaved pedestrian hiking trails b) unpaved equestrian trails and patrol roads c) unpaved mountain bicycle trails d) except for existing roads , unpaved roads for construction, maintenance and patrol of the Subject Property and adjoining lands by -2- District, its employees , agents and contractors e) casual picnicking and rustic restroom facilities f) kite flying and open play areas g) wildlife observation areas h) meditation areas i) nature study areas j ) unpaved parking areas k) photography or landscape painting areas 1) primitive backpack camps (2) Development . DISTRICT shall plan, design and develop such facilities as are reasonably necessary for public use and enjoyment of the Subject Property for open space or low intensity recreation as defined above . In the event any live trees are proposed for removal as a part of such development plans , LEAGUE shall have the right of design review and comment privileges on any and all open space and low intensity development. With regard to open space development of the Subject Property, wherein live trees are proposed for removal , an application for design review and comment shall be made by DISTRICT to LEAGUE. The application shall include a site plan showing the location of all proposed trails , planted or landscaped areas , proposed grading or other development or improvements , and indicating the proposed uses or activities on the Subject Property, and specifically showing the location, height and diameter of any redwood or other tree proposed for removal as a part of such development plan. Within thirty days from the filing of an application with LEAGUE, LEAGUE shall review the site plan and drawings , and shall make its recommendations and comments based upon the following objectives : -3- a) to ensure adherence to the terms , conditions and purposes of this Agreement; b) to satisfy themselves that every effort has been made by DISTRICT to avoid as much as possible the removal of redwood and other trees. The design review provided for herein is advisory only and DISTRICT shall consider, but shall be free to accept, reject or modify the recommendations of LEAGUE. 2 . LIMITATIONS ON USE BY DISTRICT DISTRICT covenants and agrees for itself and its successors and assigns except where contrary to the above described rights specifically retained, DISTRICT shall strictly adhere to the following: (a) That the Subject Property shall forever be used for public park, recreation and open space purposes and shall be dedicated to such purposes by DISTRICT in accordance with Section 5540 of the Public Resources Code of the State of California. (b) That no commercial logging shall ever take place on the Subject Property. (c) That, except as provided in Section I hereinabove, no redwood or Douglas fir trees growing now or in the future on said Subject Property shall be cut, logged, uprooted or removed from the Subject Property without the prior written consent of the Save-the-Redwoods League , a California non-profit corporation, or its successors or designees . (d) That no disturbance of other plant species , nor of animal population or habitat, shall occur upon the Subject Property, except as may be necessary for maintenance and use of the Subject Property as a public park and open space preserve as provided in Section I above, or to abate disease and/or eliminate an imminent hazard to the public . 3 . USE BY LEAGUE The Save-the-Redwoods League shall be permitted to designate sites , up to five acres in size , as" redwood memorial or honor groves on the Subject Property, for the purpose of raising new funds for continued -4- Purchase Agreement -- Landre et al. Page 4 for relocation benefits and/or payments pursuant to California Government Code Section 7260 et seq. Seller understands and agrees that the provisions of this paragraph shall survive the close of escrow and recordation of any Grant Deed (s) . 6 . Seller ' s Representations and Warranties . For the purpose of consummating the sale and purchase of the Property in accordance herewith, Seller represents and warrants to District that as of the date this Agreement is fully executed and as of the date of Closing: 6 . 01 Authority. Seller has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder. 6 . 02 Valid and Binding Agreements . This Agreement and all other documents delivered by Seller to District now or at the Closing have been or will be duly authorized and executed and delivered by Seller and are legal , valid and binding obligations of Seller sufficient to convey to District the Subject Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which Seller is a party or by which Seller may be bound or any articles, bylaws or corporate resolutions of Seller. 6. 03 Good Title. Seller has and at the Closing date shall have good, marketable 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 no t, 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. The only exception to this requirement shall be the acts reasonably necessary on Seller' s part to keep the access roads and driveways open and to complete the move of Seller ' s personalty from the Subject Property and to complete the Property clean-up as provided in Section 11 hereinbelow. 8 . 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. Purchase Agreement -- Landre et al . Page 5 (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) 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 . Relocation. It is understood and agreed by and between the parties hereto, that the payment stipulated in Section 2 hereinabove, includes , but is not limited to, the full and total relocation obligation District may have as a result of this transaction and includes payment for any and all claims Seller (or those claiming through Seller) may have for relocation assistance benefits and/or payments including, but not limited to: relocation advisory assistance, rental differential payments , purchase expenses, self-move expenses , loss of tangible personal property, search expenses , in-lieu payment of business and/or farm relocation assistance; all pursuant to California Government Code Title 1 , Division 7 , Chapter 17 (Section 7260 et seg. ) . 10. Premises in Good Order and Repair. Since the Property is improved and includes many structures , trails , roads and appurtenant water systems and the like, Seller agrees to leave the entire premises in good order and repair and disclose all defects to District as provided in Section 15 hereinbelow. 11 . Removal of Personal Property and Debris . It is understood and agreed that located on the Property being acquired by District are many items of personal property of Seller and many years accumulation of miscellaneous materials , parts and debris which are not being acquired by District. It is agreed that Seller shall use "best efforts" to complete the clean-up of the property as soon as possible and remove these items from the Property at the direction of District, but in any event such clean-up and removal shall be completed on or before one hundred eighty (180) days following close of escrow. It is further agreed that from the amount payable under Section 2 of this Agreement, District is authorized to withhold the sum of Five Thousand and No/100 Dollars ($5000. 00) in escrow to cover District' s cost of removing said items in the event Seller fails to perform or to leave the premises in a clean and presentable condition. District shall release the $5000 to Seller if within the one hundred eighty (180) days Seller completes the clean-up to District ' s satisfaction. If Purchase Agreement -- Landre et al . Page 6 Seller does not, District shall give Seller written notice of any deficiency (to be corrected within ten (10) days) , shall continue to withhold the $5000 and may retain $100 per day therefrom as liquidated damages and apply the balance, or an appropriate portion thereof , to defray any expense incurred by District upon District ' s completing the clean-up as provided herein. The remaining balance, if any shall be refunded by District to Seller. 12 . Maintenance. (a) The following systems are to be operative until District takes possession: (i) heating, cooling, plumbing, built-in appliances , electrical , sewer/septic, outside door locks and any other mechanical system presently installed on property, roof to be free of leaks; (b) Until Closing District' s possession, as further provided herein, Seller shall maintain the Property (including all buildings, roads and drainage, grounds and landscaping) in the same general condition as of the date of acceptance of this Agreement by District. By said Closing and possession date, the Property is to be cleaned and free of all personal belongings and debris, except as further provided herein. (c) Should labor or materials be required to comply with any repair provisions of this Agreement, Seller agrees that all work shall be performed using good workmanship and with materials of comparable quality, in compliance with applicable Codes and Permits (where required) and completed prior to the Closing. 13 . Risk of Loss . Any risk of loss to the Property for any reason whatsoever shall be borne by Seller until title to said Property has been conveyed to District by recorded Deed. 14 . Disclosures. Seller will provide District with a fully completed Real Estate Transfer Disclosure Statement, signed by Seller no later than November 12 , 1991 , unless otherwise agreed in writing by the parties hereto. 15. Miscellaneous Provisions . 15. 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 . 15. 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 Purchase Agreement -- Landre et al. Page 7 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 . 15. 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. 15. 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. 15. 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 shall be addressed as follows : Seller: John K. Landre Padraig Landre Chandler Flickinger Charles P. Irwin and Nancy R. Irwin 14500 Big Basin Way, Suite K Saratoga, CA 95070 (408) 867-3222 FAX (408) 867-5659 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 - -------------------------------------- --- --- ------ Purchase Agreement -- Landre et al . Page 8 Copy To: Stanley R. Norton, Esq. 407 Sherman Avenue Palo Alto, CA 94306 (415) 324-1366 FAX (415) 327-9151 If sent by telegraph, facsimile or cable, a conformed copy of such tele- graphic, facsimiled 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. 15. 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 . 15. 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. 15 .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. 15.09 Entire Agreement. This Agreement is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes a complete and exclusive statement of the terms and conditions thereof , and it supersedes any and all prior correspondence, conversations , negotiations, agreements or understandings relating to the same subject matter. ------------------------ --- - - - - - - - - Purchase Agreement -- Landre et al . Page 9 15. 10 Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element. 15. 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. 15. 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. 15. 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. 15. 14 Binding on Successors and Asian s. This Agreement and all of its terms, conditions and covenants are intended to be fully effective and binding, to the extent permitted by law, on the successors and permitted assigns of the parties hereto. 15. 15 Broker ' s Commission. District shall not be responsible for any real estate commission or other related costs or fees in this transaction. Seller agrees to and does hereby indemnify and hold District harmless from and against any and all costs , liabilities, losses , damages , claims , causes of action or proceedings which may result from any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of Seller in connection with this transaction. 15. 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. 15. 17 Pronoun References . In this Agreement, if it be appropriate, the use of the singular shall include the plural , and the plural shall include the singular, and the use of any gender shall include all other genders as appropriate. 16 . Acceptance. Provided that this Agreement is signed by Seller and returned to District on or before November 5, 1991 District shall have until midnight November 13, 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 Purchase Agreement -- Landre et al. Page 10 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 -- Landre et al . Page 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof . MIDPENINSULA REGIONAL OPEN SPACE SELLER DISTRICT APPROVED AS TO FORM: `�"�� John K. Landre WgDate: Stanley Nor on,' Distric Counsel ACCEPTED FOR RECOMMENDATION: � C���(✓1� GC�� � Padraig Landre Date: 127Z L. Craig Britton, SR/WA Land Acquisition Manager } APPROVED AND ACCEPTED: Ch er Floc finger Date: President , Board of Directors Charles P . Irwin, Trustee ATTEST: i Date: !p 3 District Clerk Date: Nanc R. Irwin, Trustee Date : /O��/��/ Order No. 366922 PRELIMINARY REPORT FIRST AMERICAN TITLE INSURANCE COMPANY SSS Marshall Street Redwood City , CA 94064 (415 ) 367-9050 MID-PENINSULA REGIONAL OPEN SPACE DISTRICT Attn! Craig Brittan 201 San Antonio Circle, Bldg . C #135 Mountain View, CA 94040 Customer ' s Reference: Form of Policy Coverage Requested : CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - ( 1990) OR AMERICAN LAND TITLE ASSOCIATION OWNER POLICY - (1990) WITH REGIONAL EXCEPTIONS and ALTA LOAN POLICY - 1990 In response to the above referenced application for a policy of title insurance , this Company hereby reports that it is prepared to issue , or cause to be issued , as of the date hereof , a Policy or Policies of Title Insurance , describing the land and the estate or interest therein hereinafter set forth , insuring against loss which may be sustained by reason of any defect , lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules , Conditions and Stipulations of said Policy forms . The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached . Copies of the Policy forms should be read . They are available from the office which issued this report . This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby . If it is desired that liability be assumed prior to the issuance of a policy of title insurance , a Binder or Commitment should be requested . Dated as of May 2 , 1991 at 7 : 30 a .m. JAMES NORRIS ESCROW OFFICER Title of said estate or interest at the date hereof is vested in: THE MUD COMPANY , a Partnership Page 1 EY-HIBIT_A Order No. 366922 The estate or interest in the land hereinafter described or referred to covered by this Report is : A FEE The land referred to in this Report is situated in the State of California , County of San Mateo and is described as follows : PARCEL 1 : The Southeast 1/4 of the Southwest 114 Section 35 , Township 7 South , Range 3 West , Mount Diablo Base and Meridian. PARCEL II : A non-exclusive easement , 60 feet wide, for ingress and egress of pedestrians , vehicles and for hauling of lumber and other commercial purposes and for the installation and maintenance of public utility lines , including gas , water , electrical and telephone lines as created by that certain instrument executed by Waldo H . Leynse and Ruth A . Leynse , his wife , recorded March 16 , 1966 in Book 5128 at page 1 (File No. 47426-7) of Official Records of San Mateo County. PARCEL III : A non-exclusive easement , 60 feet wide , for ingress and egress of pedestrians , animals and vehicles and for hauling of lumber and other commercial purposes and for the installation and maintenance of public utility lines , including gas , water , electrical and telephone lines as created by that certain instrument executed by Arthur L . Lange and Judy Lange , his wife , recorded June 26 , 1968 in Book 5493 at page 269 (File No . 64316- AB) Official Records of San Mateo County. PARCEL IV : A non-exclusive easement for ingress and egress of pedestrians , animals and vehicles and for hauling of lumber and other commercial purposes and for the installation and maintenance of public utility lines , including gas , water , electrical and telephone lines as created by that certain instrument executed by Paul M. Chesebrough , recorded September 26 , 1968 in Book 5536 at page 640 (File No . 78274-AS) Official Records of San Mateo County . PARCEL V! A non-exclusive easement , 60 feet wide , for ingress and egress of pedestrians and vehicles and for hauling of lumber and other commercial purposes and for the installation and maintenance of public utility lines , including gas , water , electrical and telephone lines as created by that certain instrument executed by Page 2 EXHIBIT Order No. 366922 Title Insurance and Trust Company , recorded September 25 , 1968 in Book 5535 at page 643 File No. 78275-AS Official Records of San Mateo County . PARCEL VII : A non-exclusive easement , 60 feet wide, for ingress and egress of pedestrians , animals and vehicles and for hauling of lumber and other commercial purposes and for the installation and maintenance of public utility lines , including gas , water , electrical and telephone lines as created by that certain instrument executed by Robert A. Parkhurst , recorded April 23 , 1969 in Book 5628 at page 664 (File No. 30414-AL ) Official Records of San Mateo County . PARCEL VII • A non-exclusive easements , 60 feet wide, for ingress and egress of pedestrians , animals and vehicles and for hauling of lumber and other commercial purposes and for the installation and maintenance of public utility lines , including gas , water , electrical and telephone lines as created by that certain instrument executed by Millard R . Humphrey and Weden P. Humphrey , his wife , recorded June 21 , 1971 in Book 5964 at page 177 (File No . 18783-AE) Official Records of San Mateo County. A .P . No . : 085-130- 090 JPN 085 013 130 09 A i At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows : 1 . General and Special Taxes for the fiscal year 1991-92 , now a lien, amount not yet ascertainable . 2 . General and Special Taxes for the fiscal year 1990-91 in the amount of $21 . 10 , each installment , have been paid in full . Code Area : 066-022 A.P. No . : 085-130-090 3 . The Lien Of Supplemental Taxes assessed pursuant to Chapter 3 .5 , Commencing with Section 75 of the California Revenue and Taxation Code . 4 . EASEMENT for drainage within any creek or stream traversing the herein described property, together with the rights of the public in and to the waters and the use of such creeks or streams , to the high water mark . Page 3 EXHIBIT Order No. 36692 2 S . CONDITIONS AS CONTAINED IN THAT CERATIN GRANT OF EASEMENT Executed By : John T. Ward and M. Aldyn Ward and Between : Robert C . Reaves Dated : May 28 , 1945 Recorded : January 19 , 1959 Document No . : 12248-R Book/Reel 3532 of Official Records at page/image 114 , Records of San Mateo County , California . 6 . DEED AND COVENANTS OF EASEMENT, upon the terms and conditions as contained therein! Executed By : Waldo H. Leynse and Ruth A. Leynse , et al and Between: Millard R . Humphrey and Weden P. Humphrey, et al Dated : March 9 , 1966 Recorded : March 16 , 1966 Document No . ! 47426-2 Book/Reel 5128 of Official Records at page/image 1 . Records of San Mateo County, California . 7 . COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED IN THAT CERTAIN DEED : Executed by : Arthur L . Lange and Judy Lange , his wife , Grantors To : Norman R . Hosking and Blodwen A . Hosking Dated : June 19 , 1968 Recorded : June 26 , 1961 Document No . : 64316-AS Book/Reel 5493 of Official Records at page/image 269 , Records of San Mateo County , California . Said Instrument contains a clause for the payment of maintenance and upkeep charges . 8 . CONDITIONS AS CONTAINED IN THE DEED Executed by : Paul M. Chesebrough and Between: Millard R . Humphrey and Weden P. Humphrey Dated : July 31 , 1968 Recorded : September 25 , 1968 Document No . : 78274-AB Book/Reel 5535 of Official Records at page/image 640 , Records of San Mateo County , California . 9 . CONDITIONS AS CONTAINED IN THE DEED Executed by : Title Insurance and Trust' Company , a corporation and Between: Millard R . Humphrey and Weden P. Humphrey Dated : September 25 , 1968 Recorded : September 25 , 1968 Document No. : 78275-AS Book/Reel 5535 of Official Records at page/image 643 Records of San Mateo County , California . Page 4 EXHIBI A Rafe 0 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-91-129 (Meeting 91-35 November 13 , 1991) REPORT November 4 , 1991 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: November 20 Workshop Discussion Recommended Action: No action recommended unless you decide to begin November 20 meeting at an earlier time. The purpose of this agenda item is for the Board to discuss its November 20 workshop agenda item on Board formulation of priorities for District activities during the 1992- 1993 fiscal year. I Discussion: At your October 2, 1991 Special Meeting, you rescheduled your November 27 meeting to November 20 (see report R- 91-112 dated September 26, 1991) . An agenda item for that meeting is a Board workshop focusing on Board formulation of priorities for District activities during the 1992-1993 fiscal year. A Board discussion at your November 13 meeting of 1) Board expectations for the workshop, 2) presentation-discussion format, and 3) materials needed will assist both the Board and staff prepare for the workshop. The coordination of this workshop is one of the 1991-1992 Action Plan activities for General Management and Program Support. The workshop was added to the Action Plan to allow Board members to be proactive in formulating potential projects and activities for the 1992-1993 fiscal year. Depending on the length of the agenda for November 20, the meeting may have to start early to provide sufficient time for the workshop discussion. Open Space r MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-91-127 (Meeting 91-35 November 13, 1991 REPORT October 29, 1991 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Rescheduling of December 25, 1991 Regular Board Meeting Recommended Action: Reschedule your regular meeting of December 25, 1991 to Wednesday, December 18, 1991 . Discussion: Your second regular meeting in December falls on Christmas Day. In anticipation of needing two regular meetings in December, I recommend you reschedule the meeting to December 18 . If the meeting is not needed, it can be canceled. i Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-91-120 (Meeting 91-35 November 13, 1991) REPORT November 4 , 1991 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Resolutions of Appreciation for Support of Senate Bill 164 Recommended Actions: 1) Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District in Appreciation to Senator Henry Mello for Authoring Senate Bill 164 , An Act Relating to Open Space. I 2) Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District in Appreciation to Supervisor Dianne McKenna for Support of Senate Bill 164 (Senator Henry Mello) , An Act Relating to Open Space. Discussion: Senate Bill 164 was a bill that would have provided the mechanism to establish and fund the South Santa Clara County Open Space Authority by majority vote of the affected electorate. During the legislative process SB 164 was amended to authorize this District ' s Board of Directors , as well , to place such a funding measure on the ballot . In order to alleviate opposition to the bill , this latter provision was removed before the measure went to the Governor. The Governor, nonetheless vetoed SB 164 . (Note that the attached veto message is in error regarding the two park and open space districts; neither was included in the final version. ) In spite of the loss , the District owes a great debt of gratitude to Senator Mello and to Supervisor McKenna for doing everything in their power to gain approval . Now it ' s back to the drawing board for south county open space supporters and the District. 201 San Antonio Circle,Suite C-135 . Mountain View,California 94040 ° Phone:(415)949-5500 m FAX:(415)949-5679 General Manager:Herbert Grench Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT IN APPRECIATION TO SUPERVISOR DIANNE MCKENNA FOR SUPPORT OF SENATE BILL 164 (SENATOR HENRY MELLO) , AN ACT RELATING TO OPEN SPACE WHEREAS, the Midpeninsula Regional Open State District strongly supports the formation of the South Santa Clara County Open Space Authority as would have been created under Senate Bill 164; and WHEREAS , the Midpeninsula Regional Open Space District looks forward to many years of cooperation with Santa Clara County and a countywide system of open space that will provide a livable environment for our present and future residents; and WHEREAS , Senate Bill 164 would have provided the mechanism for funding the preservation of additional public open space for the ever increasing population of the Bay Area; WHEREAS, with the all-out efforts of Supervisor Dianne McKenna, Senator Mello did attempt to include in Senate Bill 164 authorization for the Midpeninsula Regional Open Space District to allow voters of the District to approve an excise tax to provide needed additional financial support; NOW, THEREFORE, the Board of Directors of the Midpeninsula Regional Open Space District does resolve to express its great appreciation to Chairperson Dianne McKenna, of the Santa Clara County Board of Supervisors , for all her efforts in behalf of the Midpeninsula Regional Open Space District, for her own wholehearted support of Senate Bill 164 , and for urging the entire Board of Supervisors to conjoin in support of the bill . RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT IN APPRECIATION TO SENATOR HENRY MELLO FOR AUTHORING SENATE BILL 164 , AN ACT RELATING TO OPEN SPACE WHEREAS , the Midpeninsula Regional Open State District strongly supports the formation of the South Santa Clara County Open Space Authority as would have been created under Senate Bill 164 ; and WHEREAS , the Midpeninsula Regional Open Space District looks forward to many years of cooperation with Santa Clara County and a countywide system of open space that will provide a livable environment for our present and future residents; and WHEREAS , Senate Bill 164 would have provided the mechanism for funding the preservation of additional public open space for the ever increasing population of the Bay Area; and WHEREAS , Senator Mello did attempt to include in Senate Bill 164 authorization for the Midpeninsula Regional Open Space District to allow voters of the District to approve an excise tax to provide needed additional financial support; NOW, THEREFORE, the Board of Directors of the Midpeninsula Regional Open Space District does resolve to express its great appreciation to Senator Henry Mello for all his efforts in behalf of the Midpeninsula Regional Open Space District and for authoring and introducing Senate Bill 164. OCT 2 9 199, 04tate of California GOVERNOR'S OFFICE SACRAMENTO 95814 TELEPHONE PETE WILSON (916)445-2841 GOVERNOR OCT 14 10101 ,I L) To the Members of the California Senate: I am returning Senate Bill No. 164 without my signature. This bill would create the Santa Clara County Open Space Authority and authorize that Authority and two other park districts to impose an "excise tax" .on parcels of developed property and to issue bonds to finance open space. Proposition 13 requires that all "special taxes" or per parcel property taxes receive two-thirds approval by the affected voters. This bill attempts to circumvent this requirement by naming the tax an "excise tax. " In fact, no matter what the tax is called, it is still a split roll property tax with the amount of the tax dependent on the use of the property. The traditional method of raising money locally for open space is general obligation bonds. Those bonds currently require two-thirds local voter approval. However, I have endorsed SCA 18, which would reduce the vote requirement for bonds for open space purposes to a simple majority. I have also endorsed ACA 6, which would reduce the vote requirement for local bonds for schools and jails to a simple majority. I support these changes based on my desire to return to local governments their appropriate role and responsibility to finance local infrastructure. It is preferable to take this statewide approach, rather than make individual changes county-by-county. Cordially, P040 PETE WILSON Open Space --------------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-91-130 (Meeting 91-35 November 13 , 1991) REPORT November 4 , 1991 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY & PREPARATION: C. Britton, Acting Land Manager; C. Bruins , Administrative Assistant SUBJECT: Final Adoption of the Preliminary Use and Management Plan for the Ringo et al . Property Addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve Recommended Actions: 1 . Reaffirm publicly your concurrence with the settlement terms contained in this report. 2. Adopt the Preliminary Use and Management Plan for the Ringo et al . property addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve, including the naming, as contained in report R-89-90. 2. Reaffirm your intention to dedicate the property as public open space. Discussion: At your June 14 , 1989 meeting, you approved the acquisition of the 40-acre Ringo et al . property addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve (see report R-89-90 dated June 7 , 1989) . You also tentatively adopted the Preliminary Use and Management Plan for the addition, including naming the property as an addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve, and indicated your intention to withhold the land as public open space at that time. Because of the events outlined below, you subsequently indicated that the property be dedicated as public open space . During the escrow process, a lawsuit was filed, which claimed that the District' s grantor, John Ringo, had obtained title by recording a forged deed. In order to preserve the District ' s interest in the property and complete the acquisition as contracted, you passed a Resolution of Necessity on January 24, 1990 (see report R-90-13 dated January 10, 1990) . Staff filed the necessary eminent domain action, and the District took possession of the property on a status-quo basis . R-91-130 Page 2 Settlement Since the filing of the lawsuit in January 1990, staff has been working with retained legal counsel to conclude this matter. As reported to you in closed session, a settlement was achieved, resulting in a final purchase price of $190, 000. The transaction closed on October 16 , 1991 , with the District receiving marketable fee title to the property. The original purchase price as of June, 1989 was $170 , 000. The basis of the settlement was payment of seven percent interest for 21 months from the date of possession to the date of closing. This amounts to an extra $20, 000. In addition, the District must assume responsibility for site cleanup, which is estimated to cost $10, 000 to $15, 000. The District must also collect the $39, 250 paid to Mr. Ringo as part of the initial purchase contract to acquire his property. These funds were secured by a Deed of Trust against Mr. Ringo' s property in Morgan Hill . Staff will be pursuing collection of these funds, hopefully through further settlement negotiations with Mr. Ringo. In accordance with your adopted Land Acquisition Notification Procedures, final adoption of the Preliminary Use and Management Plan was deferred until after close of escrow to allow further time for public comment. Escrow on the property closed on October 16, 1991 . When you initially considered this purchase, the neighboring property owners to the east claimed that the dilapidated cabin shown as being on the Ringo et al. property was actually on their land. Now that the acquisition settlement process has been completed, staff will contact the neighbors in order to determine the actual boundary line location. Open Space a MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MANAGEMENT OF QUALITY NATURAL RESOURCE PARKS AND OPEN SPACE NSPR Workshop, Boise, November 1 , 1991 Herb Grench, General Manager, Midpeninsula Regional Open Space District Mountain View, California Jim Crain, Director of Real Estate and Open Space City of Boulder, Colorado Dan Griffin, Superintendent of Visitor Services DuPage County Forest Preserve District Illinois Lead I . Introduction Speaker Herb A. Panelists Herb B. Midpeninsula Regional Open Space District Dan C. DuPage County Jim D. Boulder Herb E. Workshop Outline II. Basic Elements of Successful Program Herb A. A shared vision - well defined mission statement, basic policy, or set of goals Herb B. Consistent political and/or organizational support for the mission Herb C. A resource suitable for preservation Herb D. Staff dedicated to the mission Herb E. Adequate fiscal resources Herb F. Community support Jim and Dan add-on 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 Bishop Herb III. Management Elements for Responsible Stewardship Introduces Herb A. Planning and design - intelligent, consistent, low intensity, limit use, basic improvements, access, enhance protection Dan B. Maintenance - maintenance management programming, contract services, cost control , work orders and work requests system, visitor safety Dan C. Visitor services - information, education, enforcement of rules and regulations, signing, visitor safety, use fees Dan D. Resource management - consistent with policies, funding priority, needs assessment, resource protection vs . enhancement Dan E. Contracting for services Jim F. Easement requests Jim G. Alternative sources of human resources - volunteers (maintenance, patrol, and interpretive services) - other volunteer organizations - conservation crews —court mandated work programs Jim, Herb & Dan add-on Herb IV. Management Responsibilities introduces Dan A. Job design - positions tailored to organizational needs - generalist vs, specialist positions Dan B. Written operating procedures consistent with goals of the organization - maintenance management - operations manual - resource management Dan C. Providing adequate staff facilities - utilizing existing building - combining facilities - residency program Herb D. Maintaining adequate staffing levels Jim, Dan and Herb add-on Herb V. Resource Management Issues introduces Herb A. Resource protection vs. recreation - appropriate use Jim B. Limiting use/carrying capacities Jim C. Controlling/eradicating exotic species Jim D. Managing wildlife populations Jim E. Prescribed burning Jim F. Grazing and farming Jim G. Leasing out Jim H. Public transportation Jim I. Land use conflicts/appropriate uses Dan, Herb & Jim add-on Herb summarizes and closes ------------------ October 1991 Dear! iends: The idea of a Constitutional Amendment for the Environment is hounding me. A draft follows: AMENDMENT 27 - RESPONSIBLE USE OF RESOURCES The natural resources of the United States shall be protected and conserved for the benefit of the people, wildlife, and their shared habitat. Any alteration of the environment or use of resources shall preserve biodiversity, encourage conservation and responsible use of renewable resources, permit reasonable economic benefits to the people, and protect the long term health and safety of the people. The Congress and the legislatures of the several states shall enforce by appropriate legislation the provisions of this Article. Your thoughts on this matter would be greatly appreciated. Sincerely, Jan t S. Cobb b I NOV 0 41991 REGNART RIDGE HOMEOWNER'S ASSOCIATION 22355 Regnart Road, Cupertino, CA 95014 October 15, 1991 MROSD Board of Directors 210 San Antonio Circle Suite C-135 Mountain View, CA 94040 Attn: Mr. L. Craig Britton Dear Mr. Britton and Board: We would like to take this opportunity to thank you for accepting our request for an amendment to the Fremont Older Management Plan at your recent meeting. We greatly appreciate your willingness to work with our Association toward the development of this improvment in our access to your area. Please find enclosed our signed copy of the Letter of Agreement, and our check for $1, 500 to cover anticipated construction costs with the understanding that any unused balance will be returned to us upon completion of the job. Again, we offer our sincere thanks for your cooperation in this endeavor. It is a good feeling to be embarking on this project with such "good neighbors" . Sincerely, Steve Andrews President SA:cbm _01"EN SPACE— x 259 ereervill 08619 (609)476-2844 OFFICERS: •Bonnie G.Hammerstedt,President Milmay,New Jersey"Herb Grench, 1st Vice President 18 October 1991 Mountain View.California 'Rex Funk,2nd Vice President Albuquerque,New Mexico •James C.Crain,3rd Vice President Boulder,Colorado Midpeninsula Regional Open Space District "James J.Truncer,Treasurer 201 San Antonio Circle Suite C-13 5 Uncroft,New Jersey , Del=1 Wheeler,Secretary Mountain View, CA 94040 Boulder,Colorado Janet Cobb,Membership Chair Piedmont,California ATTN: Herb Grench, General Manager TRUSTEES: Faith (t New Jersey Re: 1992 Open Space Conference LIncroLynn Wodell Golden,Colorado Dear , rb: •Judith Stanley Middletown,New Jersey Debbie Richards We are in receipt of your $1,000.00 contri- Philadelphia,Pennsylvania b u t i o n to assist in the efforts of presenting a 'FOUNDERS: national open space conference in May, 1992. Ann Lusk Your kind generosity will go a long way to pro Kathy Vermont Kathy Smith vide speakers , written materials and support to Boston,Massachusetts the conference delegates. You will be forwarded information and registration materials for the conference in the near future. Hopefully , your organization will have members who wish to attend and participate in the education and information exchanges. On behalf of OSA and the ' 92 Conference Committee, I wish to extend our sincere apprecia- tion for your interest and participation as a Co-Sponsor. Sincerely , BONNIE G. HAMMERSTEDT President EAST BAY REGIONAL PARK DISTRICT 11500 Skyline Boulevard, Oakland, CA 94619 (Ned MacKay - 415/531-9300, ext. 2208) Oct. 25, 1991 IMMEDIATE RELEASE EAST BAY REGIONAL PARKS REOPEN AFTER OAKLAND HILLS FIRE With the exception of Temescal Regional Recreation Area in Oakland, all of the East Bay Regional Parks that were closed because of the catastrophic Oakland hills fire have been reopened. Temescal, with its popular swim beach and fishing lake, will remain closed indefinitely, while Park District work crews repair fire damage and complete erosion control work. Besides Lake Temescal, 15 other parks in the District were closed during the period of Oct. 21 through 24. Most of the others were parks that are often closed during periods of high fire danger. They were closed this time partly to reduce chances of other fires breaking out, and partly because many District police, firefighters and rangers were helping to fight the Oakland blaze. The fire is believed to have started on private property within the city of Oakland. It burned some 1, 800 acres of urban residential area. It also burned right through Temescal, destroying the park office/service yard, and scorching some 20 acres of trees and shrubs. The park's lawns were not damaged. Neither was the historic stone building containing the District's controller's office, largely due to the efforts of Park Supervisor Frances Heath, who fought the flames alone for several hours. The only other park damaged in the fire was Claremont Canyon -more- REGIONAL PARKS REOPEN/2-2-2-2-2 Regional Preserve, also in Oakland, where about 60 acres of brush were burned at the south end of the park. The burned area contains no trails, and the rest of Claremont Canyon is open to the public. Pat O'Brien, Park District general manager, expressed support and appreciation to the many staff members who fought the fire and assisted the public. "This was the largest emergency effort in the District's history, " O'Brien said. "I 'd like to thank our staff for their extraordinary efforts, and on behalf of the district, extend sympathy to all victims of the disaster. " Some 60 District firefighters fought the blaze, and an equal number of District public safety officers participated in the traffic control and evacuation efforts. The firefighters were mostly deployed along Skyline and Grizzly Peak Boulevards, where they worked to prevent spread of the fire eastward. Working in concert with other fire departments and citizen volunteers, they were able to save dozens of homes from destruction. Virtually the entire Park District Public Safety Department, both police and fire, were involved in the emergency. The District has an active fire training and prevention program, which includes maintenance of a ten-to twelve mile fuel break on District lands through the East Bay hills. The fuel break is a strip approximately 100 yards wide in which heavy brush and vegetation are kept trimmed, as a means of retarding the spread of fire from parklands to adjoining -more- REGIONAL PARKS REOPEN/3-3-3-3-3 residential neighborhoods or vice versa. It is not certain when Lake Temescal will reopen. Of major concern is potential erosion problems when winter rains impact the burned area, about 85 percent of which is in Lake Temescal 's drainage. In anticipation of this, Park District crews are constructing a second catch basin at the south end of the 13-acre lake, to prevent fire debris from entering the main body of water. And District staff also is cooperating with other agencies, including the federal Soil Conservation Service, in selecting areas outside District lands where other catch basins or debris dams should be placed. District crews also are hydro-seeding TemescalIs west hillside with a mix of fast-growing grasses, whose roots will help hold down the soil. A few fire-damaged trees now being cut down in the park may be turned into wood chips to be used for the same purpose. Other burned trees will be left standing through the winter so their roots will prevent erosion, then evaluated for possible removal in the spring. Departifient of Environmental Management BOARD OF SUPERVISORS Parks and Recreation Division ANNA G. ESHOO MARY GRIFFIN • TOM NOV 0 5 19"9 1 TOM NOLAN HUENING WILLIAM J.SCHUMACHER DAVID A.CHRISTY Z�L A.M COUNTY OF SAN M AEO DIRECTOR COUNTY GOVERNMENT CENTER REDWOOD CITY CALIFORNIA94063 (415)363-4020 November 1 , 1991 Ms. Caroline J . Maupin 2714 Eaton Avenue San Carlos CA 94070 Dear Ms . Maupin: We received your letter of October 25 , 1991 , and regarding "mountain bikes" in Huddart County Park. We share your concern for the safety of all trail users when a few disregard the rules and expose themselves and others to the risk of serious injury. Per our telephone conversation, I will forward a copy of your letter to the San Mateo County Parks and Recreation Commission and Trails Advisory Committee and the Midpeninsula Regional Open Space District, all of which are working to solve these conflicts on trails in San Mateo County. Thank you for taking the time to write . It' s important to hear from citizens regarding park issues, and we welcome your input. Sincerely Robert S. Emert Superintendent of Parks RSE:bl cc : w/enclosure: David A. Christy, Director Parks & Recreation Commission David Moore , Park Ranger IV, Huddart Park Ron Weaver, Park Ranger IV, Pescadero Linda Dyson, Chair, Trails Advisory Committee Herbert Grench, Manager, Midpeninsula Regional Open Space District bikes.hp October 25, 1991 Mr. Robert S. Emert, Superintendent San Mateo County Parks and Recreation Dept. 590 Hamilton Avenue Redwood City, CA. 94063 Dear Mr. Emert: The following incident occurred in Huddart Park on Saturday, October 19: My husband and I were walking our horses down the Archery Trail at approximately 3 PM when two mountain bikers materialized behind us. Unable to stop, the bikes were thrown sideways just short of our animals in order to avoid hitting us. The only thing that saved us from two frightened horses bolting and falling down the trail is the fact that we were dismounted and hand-walking them due to the sharp angle of descent. We explained to the bikers that they are not allowed in the park and should read the signs more carefully. Their reaction was abusive language and an insistence that they are allowed. Our safety and the lives of our animals had just been threatened, yet we were exposed to profanity and indignation on the part of those who were violating the law! Sad to say, this is by no means an isolated incident, but certainly is one of the worst. Whether hiking or riding horseback, it is no longer a pleasure to use park trails when you have to look over your shoulder for those who flagrantly disregard the safety of others. Sincerely, M //Caroline aupin 2?24 Eaton Avenue San Carlos , CA. 94070 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT November 4, 1991 Corrado Federico 2151 St. Andrews Road Half Moon Bay, CA 94019 Dear Mr. Federico: Thank you for your October 16, 1991 letter regarding bicyclists at Purisima Creek Redwoods Open Space Preserve. I am sorry to hear that your recent visits to the preserve have been spoiled by inconsiderate cyclists. The District is currently developing trail use guidelines. We are aware of the conflicts among different types of trail users, and are trying to create policies that will allow all visitors to enjoy the preserves. Your comments will be forwarded to our Trail Use Sub—Committee. The next committee meeting will be held at 7:30 p.m. on November 19 at the District's main office. I encourage your participation. You may want to consider hiking the Soda Gulch trail at Purisima, which is not open to bicycles. Also, the Whittemore Gulch trail will be closed to bicycles and horses during the winter season. Since My, L. Cra tton Acting Land Manager LCB:kh cc: MROSD Board of Directors 201 San Antonio Circle,Suite C-135 • Mountain View,California 94040 Phone:(415)949-5500 FAX:(415)949-5679 General Manager:Herbert Crench Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop i i j - Corrado Federico " OOT 171991 October 16, 1991 Mr. Craig Britton Land Manager Mid-Peninsula Regional Open Space District -. Old .Mill Office Center, Bldg. C- -'Suite 135 ' 201 San Antonio ,Circle Mountain'View, , CA .:,-94040 Dear Mr. Britton, -: I have been walking through the Purissima creek' Redwoods on weekends for the past two years. It used I to be a magnificent walk "peace and tranquility" - as your, brochure on the woods describe it. # However, . lately .you take your life in dour .hands as you walk through = as larger and larger groups .of mountain bikers come down these hills at unbelievable speed - not to mention the dust they -raise as they storm through or. the noise they make in the process!!! Are you aware .of this problem?* . Are you providing for any safer walking area. It is ver possible that Y P at you •could exclude `these hords of bikers from certain paths 'like the main one that, ',starts at the gate of Higgins-Purissima! Please let me . ., know. what action will be taken in this matter so we can. go back to enjoying "peace and tranquility" + safety- in at least a small part of the Redwoods. Sinc rely, Corrado Federico Office 415-726=o400 Home I 26- o I I Fax 1 4 S-7 7 4 5-726-5831 i i Open Space MIDPENINSLILA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: H. Grench, General Manager DATE: November 13 , 1991 SUBJECT: F. Y. I . NOV 0 6 1991 11 A CASE FOR SPECIAL Dl:;TRICTS" by Richard C . Trudeau, retired General Manager of the East Bay Regional Park District and founder of the Special District ;Forum,, an infurrial union of districts. Special Districts haVebeen created in a number of stateg "where there has existed both a need and a vacuum in ti.e ability to fill that need . While there are hundreds of sp4i,;isal districts in California and Illinois , they also exist in Ohio, Michigan, Minnesota , Indiana, Kansas , Maryland and New Jersey . Water, fire, police and sewqge may be more numerous but among the most effective of all zi,ecial *dic-tricts are the park and recreation districts which have been formed . Though it is more than fifteen years old , a paperback book, ".Self Government by District" Myth and Reality by Rubert B. Hawkins, Jr. published in 1976 by the Hoover Institution Press, Stanf:jrd University makes a compelling case for special districts. By far the oldest of the special districts are in the State of Illinois. Dr. Ted Flickinger, Executive Director of the Illinois Association of , Park Districts, reports that there are currently 357 park districts in Illinois, which employ 35,000 persona and are governed by 2100 elected non-partisan officials. boundaries of those diatri*cts may be co-terminus with counties (Forest Preserve Di� Lricts ) or co-terrriirium with cities but often they extend beyond the county or the city . All such districts have come about via referendum of Lki,- public. For example, the citizens and politicians of Cook County, Illinois , decided that a district was needed to manage the forests and park preserves in that county, independent in large measure of the Cook County government,.'-,,The Forest Preserve District of Cook County thus came about and today is one of the largest land holding districts in the United States . .4 The Cleveland Metropolitan Park District , known as the "Emerald Necklace" came' into being severity-five years ago and is undergoing a resurgence of energy with an expanding program. It is governed by a three-member Board appointed by the Probate Judge. The East Bay Regional Park District with headquarters in Oakland , California started as a district working with just seven cities but over its fifty-five year history has been expanded by public annexation vote to include virtually all of Alameda and Contra Costa Counties, an area equal to that of the state of Rhode Island . The Regional Park District now has 70,000 acres spread ,over 4? Regional Parks and Recreation Areas which host some twelve milliln visitors annually. " A CASE FOR SPECIAL DISTRICTS " - 2 - 2 Even larger is the Huron-Clinton Metropolitan Authority, which serves five counties in and around the City of Detroit . The chief difference between the latter two is that the East bay Regional Park District substitutes for county park systems in both the counties it serves while there are also county bark systems in all but one of the five counties making up the Huron-Clinton Metropolitan Authority. ; Directors A 01 the East $a Re Tonal"dark District are elected b war " �Y 6 ds ..ev n y e in all, while at Huron-Clinton, each of the counties names a Director and the Governor names two, also a total of seven. Each of the special districts formed have come about thruugh the need which existed and was formed in conformance with the desires' of the citizens involved . This is also true of the smaller special districts , some of which cover a city and surrounding unincorporated area, a smaller part of a city, or include a city and several unincorporated areas. Special districts became necessary in those communities where its citizens want to provide level of service without paying; the overhead cost incurred by other types of governing; structures . They are not an organizational panacea nor will they rel,l,ace cities or counties . but a special district can deliver cervices ecuriumicaliy , efficiently , and . in response to the citizens of an area . There are a wide variety of special diLLri.ctn : 1 . Small independent districts governed under the Public kesources Code in California which cover jucL a small section of a city, ie. Southgate Recreation and Park District in Sacramento. 2 . A special district which includes a major urban city and two unincorporated area, ie. Hayward Area Recreation and Park District in Haryward , California. 3. Independent Forest Preserve Districts which are limited to one county and work closely with cuunty government , ie. Forest Preserve District of DuPage County, Illinois. It 's board , however; is appointed not elected . 4. Independent two-county special districts where the members of the Board are elected by wards in often hotly contested elections. Thee include the East Bay Regional Park District and the Midpeninsula Regional Open Space District (parts of San Mateo and Santa Clara County. Both are also supported by private park foundations, along with the property tax. The EBRPD, by example, passed a $225 million bond measure with better than a two-thirds "yes" vote in 1988 and received a 931,ercent 'satisfaction ratio" amung; users by a professional survey team. It 's foundation has raised $35 million over the pest fifteen years . 5. Maryland-National Capitol Park and Planning Commission rovers two counties - St . Georges and 1`ontgumery , and has two levels , ie. county park systems and an unbrella group in Lhe Comm-ission made up of representative, from tKe two caunt:ie.3 . "A CASE FOR SPECIAL DISTRICTS" - 3 - 3 6. Huron-Clinton Metropolitan Authority is the largest , covering five counties . The Authority manages a number of large parks which do not duplicate those provided by the counties. As has been seen, the structure of a special district -'mav;be quite different in each situation. But the setting up of aspecial district is more comlex and not easily achieved . Legislation is always needed before the plan is put to voters,-which also must tax themselves by such a vote. Two recent examples offer a case in point . Riverside County voters in California voted to form a Special District under the State's Public Resources Code (county-wide) but declined to vote in the tax base to support it . A group in ane near Amarillo, Texas sponsored by "Yesterday's Children" (a non-profit group) has sought special legislation establishing a special district in that area. And in recent years there have been several Regional Park Districts formed under the Public Resources Code in California, but often they are governed by the Board of Supervisors of the county. Though these special districts are different they all follow some common points: efficient and economical delivery of service, leadership in the park, recreation and open space field locally, statewide, and nationally, the ability to be aggressive and devote their a�tention to one type of service and do it well, ans responsiveness to the public . Nor do they exist in a vacuum. Mort belong to the Park and Recreation Association in their state and some also belonF, to an Association of Park and Recreation Districts which help on legislation and an exchange of good ideas . the vacuum which existed prior to 1972 at the National Recreation and Park Association has been filled through the informal organization known as the Special District Forum. Other special districts exist in other countries . The East Bay Regional Park District has had a "sister agency" for more than fifteen years with the Auckland Regional Authority in New Zealand. Thw two groups have exhcnaged staff members and information. There is also a Greater Vancouver Regional Park District in British Columbia. Special districts, however, are not as vell known nationally and only one article in the past fifteen year: has appeared on them in the NRPA magazine and none in others, of which I know. The special district movement is growing and in the years ahead this kind of structure for the delivery of park and recreation and open space services has much to recommend it . As Abraham Lincoln once said: "Determine that the thing can and shall be done and then find a way." Sent to Congressman Peter H. Kostmayer by request and to National Association of Counties by request FEDERAL LEGISLATIVE UPDATE REPORT November 2, 1991 1. Land and water Conservation Fund and UPAAR The House and Senate conference committee decided on $23.5 million for the State and local portion of the LWCF ($20 million for grants to states which equates to $2 million for California) and $5 million for UPAAR. 2. Revival of American Heritage Trust Interior sub-committee Chair Peter Kostmayer has still not set a date for his informational hearing but it is known that he may also seek to amend the LWCF in order to get more clout for local programs. In this regard, six California agencies responded to a letter some months ago with detailed information about funding needs over the next five years, which went to Kostmayer's staff. The Resolutions passed by the American Academy and NSPR will also go to Kostmayer. 3. Surface Transportation incl. Trails 5.1204, the Senate version, still contains the Symms version of funding for trails , beginning at $30 million but increasing to $50 million. HR 3585 (Petri) is the House version which is substantially the same, though it also incorporates scenic byways and bicycles. Congressman Peter Kostmayer held a hearing on the House bill on Thursday (Oct . 31) but both will go to a conference committee. 4. 5.340 (Johnston) - Energy bill This measure, which would permit oil and gas development in the Arctic National Wildlife Refuge, was defeated on Friday in the Senate by a close vote, despite the support of President Bush. HR 1320 (Jones) , a similar measure, is still alive in the House. 5. Youth Services Corps Regulations for use of the $73 million funded for the Youth Conservation Corps were enacted and will be published on Nov. 4. 6. Environmental Education Grants Grant applications will soon be accepted by the EPA for environmental education programs . The grants, however, are small with grantees required to provide 25% of total project cost . For information write: EEG-Solicitation, Offoce of Environmental Education (A1O7) U.S. EPA, 401 M Street SW, Washington DC 20460 (703) 847-3036. FEDERAL LEGISLATIVE UPDATE REPORT OF NOVEMBER 2, 1991 - 2 - 2 7. NRPA Mid-Year Meeting The NRPA Mid-Year meeting will be scheduled from Wednesday, January 29 through Sunday, February 2. The annual Congressional Reception is slated for Wednesday late afternoon, January 29. Visitations to the California Congressional delegation and some committee staff will be slated for Wednesday, January 29 and Thursday, January 30, with some extra calls on Friday. A luncheon for the Congressional Aides will be set for Thursday, January 30 at the Library of Congress Dining Room, with only one choice of entree. Dick Trudeau checked this out the week before the NRPA Congress in Baltimore but must still get a supporting letter from one of our Congresspersons to nail it down. Should a conflict occur, the luncheon would be moved up to Wednesday noon, January 29. Stewart Frame, Doug Gaynor, Herb Grench, and Anne Woodell are working to prepare computer data on the Congresspersons , their offices, aides, districts, and other information to help each of us who will be going to Washington D.C. at that time. We would like to know which members of the CPRS Legislative Committee wish to be included in the visitations and the Congressional luncheon. Respectfully submitted Richard C. Trudeau 4 1 FEDERAL L±;GISLArIVE REPORT FOR: A.`t*RICAN ACADE.!Y FOR PAxK AND RECREATION ADMINISTRATION Nar10NAL SOCIhTY FOR PAnK RESOURCES CALIFORNIA PAeK AND RECR`cA'TiON S[h:ir,TY FROM: Richard C . Trudeau, Federal Legislative Uhair This report is as up-to-date as I can make it as of October 5, 1991. There will be a further updated report coming from starry Tindall of NRPA at the NRPA Congress in Baltimore, which will be distributed to the Boards of the American Academy and NSPR and to the members of the Academy. Copies will also be available for the CPRS Legislative Committee meeting of November 7, 1991, with a verbal update report . 1. Land and Water Conservation Fund I This may have been resolved before the various meetings at the NRPA Congress. The prognosis is not good. A compromise is being sought between the House state grants program of $23.5 million and the Senate version of $15.5 million. The House supported only 410 million for UPARR. As John Montgomery of NASORLO .wrote: "There is a common theme that the pressure for line item funding for I*eeral LWGF projects has grown dramatically and has become an area where many House members go to find diminishing federal assistance for their districts. . .by far, the most effective thing you can do is provide a list of the projects that you would probably fund at the $50 million and $100 million level to your Senators." we are suggesting a change in format for the state side of the L'NCF for 1993 fiscal year, as will be noted. There has been support from the bush Administration for a larger j appropriation for the LWCF. 2. Revival of American Heritage Trust? i Congressman Peter Kostmayer has not yet set a date for his public hearing on possible new funding over the next five years for local park and recreation programs, but there have been lists of possz.ole projects sent to him in advance of the hearing. This could result ia- successor legislation to Mo Udall's American Heritage Trust Act . There are also 130-pages of ideas which will go before a Symposium on the occasion of the National Park Service's 75th anniversary in Vail, Coloradv October 7-10. One idea put forth for review is a I one cent per gallon gasoline tax for acquisition of "heritage" lands. i The Federal Parks and Recreation report estimates that this would provide between $165 and 3283 million per year, with the money divided between federal and state governments under the present LWCY formula . Significantly, the person putting on the Symposium is Loran Fraser of the NP5, who was the key staff person on the President 's Commission on Americans Outdoors. 3. Surface Transportation Efficiency Act (8.12O4 and HR 29r50) . At stake in this legislation are three programs - trails , scenic byways , and bicycles. All will, if included, tal., into the gasoline tax by gaining a piece of the Highway Trust r'und , financed by the gas tax. FEDERAL LzuioLATivE XZ.PUmT OF OUTUnER 5, 1991 - 2 - 2 3. Surface Transportation Efficiency Act (continued) There is still ayposition to including trails in the program from several environmental groups, despite the amendments negotiated by the author of the National Recreational Trails Fund Act , now incorporated into the Highway Act . If included trails will receive 530 million initially but increasing to U50 million in 1993. The Senate version includes the trails funding but the House version does not . This may be resolved via conference committee or by a hearing before the House Interior Committee. Scenic byways and bicycles, however, have substantial programs in the House version, which establishes a program up to 420 million per year and the Senate establishes a $5 million program. Separate legislation would provide up to $75 million per year in grants but these may have little chance. HR 2950 also directs states and communities to incorporate bikepaths in their highway planning , as well as including bikepaths where feasible and safe in highway and bridge construction projects. 4. National Recycling Resource Act - H.X 997. This legislation places a 10 cent deposit on each of the 120 billion beverage containers sold annually and would mark this the first national bottle bill enacted if it makes it. Many states have such bottle bills. The estimate in revenue is said to be 5120 million or move. For more information contact Susan Birmingham at (202) 546-9707. 5. Health Insurance Legislation. The long-awaited health care reform package was introduced in July by Senator Ueorgfe Mitcnell of Maine, the Senate Majority- Leader. It would extend health insurance coverage to 34 million uninsured Americans and for the first time install major mechaniisms to contain soaring health costs. Mitchell and Senators John D. Rockefeller IV and Edward Kennedy have been working on this bill for two years. The plan would require employers to eventually be required to offer their employees insurance or to pay an extra payroll tax to finance coverage for the uninsured . All companies with more than 100 workers would be required to provide health insurance immediate=y or pay the new tax, which would be about 7 to 8 percent of the employer's payroll. Employers with less than 100 employees would be given up to five years to comply with the new law. Revenues generated by the tzax would create a new public program called AmeriCare-, �:Hich would replace Medicaid. The new plan would cost the Federal government about $6 billion the first year but reportedly would save 375 billion in public and primate expenditures over the first five years . There is no enforcement procedure and the plan doesn't make any provision for long-term care. While the measure has widespread support, it does not have the backing of the Bush Administration, which may unveil its own health reform plan in the next year or two. 5, 1991 --3 - 3 6. ualif ornia Desert Varks san 3066 - uewis ,- n,% 2929 - Lehman, S 21- %,ranaton. the three bills are slated for compromise action, which may get a bill through this session. A- 3066 is the version suppo-rzed by the nush administration . the Administration and irec' tor games xtidenour are in opposition to hxt 2929 which would add 3 million acres of desert land to the National Park system, including a new 1.5 million acres at mast Majave National Monument , 1.3 million acres to the Death valley National Park and 200,000 acres to a Joshua -rree vation@L1 Park. The Administration alternative is only 109,000 acres. Senator Uranston supports Hxt 2929 but Cranston and ibenator John zeymour have not yet been able to agree on a joint crenate bill. 7. wildlife Fund (ANw.H) (H9 1320 - Jones) . introduced earlier by Senator J. bennett Johnston was -j 340, the National I;nergy Security Act, which would authorize oil and gas development in the Arctic National wildlife gefuge. Now Congressman Jones has introduced his bill, Axt 1320, which would establish a huge refuge fund from oil and gas development in the Arctic refuge. 'rwo years ago Senator Johnston in his legislation proposed giving some of the revenue to the LwCF, which has been deleted this time around . 8. American Discovery 'grails (list 3010 - byron and b 1537 - zsrown) . noth bills, introduced on July 24, would designate a 5,500 mile east- west trail from Delaware to California. 9. noater Fee ±(epeal and nallop7preaux SA- 534). .ouse leaders have dropped a proposed five cents per gallon gasoline tax which effectively eliminates a plan to use wallop--wreaux sport fishing and boating money to compensate for the cancelled recreation fees . and -zt 534 kijavis) has been approved by the house merchant Marine and i'isheries Committee to provide the money to pay for cancellation of the boater fees but this has its problems. There will be new history on this next year. vctober 5, 1991 whereas, the state and local portion or the Land and Water Conservation z'und has been reduced from its high of 0300 million to a low of between 415.5 and 323.5 million this year, and -shereas, members of congress now have virtually no knowledge of the projects urgently needing funding in their districts, ana Whereas, There is a means of involving members of congress more actively in the process and developing a local constituency, and whereas, the California Park and recreation oociety has proposed modifications in the Act which do not change the traditional grants process, and nhereas , the concept outlined 'is supported by r4Aou,%i,U, the Western xtegion staff of the'National nark ziervice, ana the California Department of Parks and recreation riur/I TillatzZuRzi D.M LT KzQViJVzJV, that the noard of NSF.: and the noard of the American Academy for Park and recreation administration go on record in favor of the outline presented this date and bxj Li au.:)u zcE-ziv.LVzv that this Kesolution will be sent on to the appropriate arm of NArA ror further review and endorsement . CALIFORNIA PARK & RECREATION SOCIETY P.O. Box 161118 -9 3031 F Street, Suite 202 Sacramento, CA 95816 (916) 446-2777 W Uctober 5, 1991 BOARD OF DIRECTORS PRESIDENT rxtUk%.i3" 'XIJ inUJJIZ 1 *I:nl; iAlii) A111) VVA1:b.K jOAN HARVEY- t,0Vzz;RVA*.r1V14 2,M) Au*x PRESIDENT-ELECT JIM RAYMOND* VICE-PRESIDENT EiLEEN BROV"NEL!_- F r-o rul j ry ghat the method by which state and local grants from PAST PRESIDENT ROBERT THT,1,LS' the Land ana wrater ,onservation rund are made be SECRETARY/TREASURER BARBARA HARiS0,N- changed to secure greater personal involvement by NORTHERN REPRESENTATIVE KIN BAILEY' members of Uongress ; and SOUTHERN REPRESENTATIVE 3C3'NINSLC'N* DISTRICT D!RECTOR rnat the percentage of the total Land and Water DAVE W!LK NS0.% DISTRICT 11 DIRECTOR Conservation rund which goes to tthe state and local BARBARA INACKFORD DISTRICT III DIRECTOR grants be increased to 20 percent, 30 percent, or KAREN McNAIMARA DISTRICT IV DIRECTOR more as a minimum. RICH QUADRI DISTRICT V DIRECTOR CRAIG BRONZAN DISTRICT VI DIRECTOR RjLr1vA&.LZ:.Lhe members of congress are now actually left out of TERRY DAVIS state and local grant process,. they appropriate the DISTRICT Vil DIRECTOR TOM HERNANDEZ funds without having a local constituency since they DISTRICT Vill DIRECTOR are not aware of what local projects may be funded STEVE INOLTER until the state review and disbursement procedure is DISTRICT IX DIRECTOR ELLIOTT HEFFL:_� completed. DISTRICT I DIRECTOR DAN WATA vvere they aware of the projects in their districts after DISTRICT XI DIRECTOR TERRY 1IIELSC% state review ---d -prioritization, interest in pushing DISTRICT III DIRECTOR for greater state and local Ln,,z grants by members JES3VALENT of congress would follow. they would have a local DISTRICT Xill DIRECTOR SUSAN HUt!T constituency which would lobby them in behalf of the DISTRICT XIV DIRECTOR priority projects. 306 MEZAK DISTRICT IV DIRECTOR MICHAEL THOMPSON a U rrum r ADMINISTRATORS' Z V J_L1 z.N i: xhe concept developed from the estate local grant people SECTION DIRECTOR KATHERINE CHAPPELEAR themselves. %,alif ornia State uegislative -hair oob EDUCATORS'SECTION Qverstreet discussed and received support on the concept DIRECTOR KATHY HALBE::'z from the 50 state association presidents at the 1991 RECREATION SUPERVISORS' rqz%r.K mid-year meeting and the Western region staff of SECTION DIRECTOR DAVE PETE:;,S the National ?ark zervice have reviewed the concept. THERAPEUTIC SECTION the consensus was that as no changes were to be made DIRECTOR in the zederal or estate review process, the concept B.J.GROSVENC; COMMERCIAL SECTION should be pursued. DIRECTOR STE',.,E LAN` Y 20% -aection 5 of the uand and Water �,unservation rund act PARK OPERATIONS "n — SECTION DIRECTOR Affli flu I: states that :-not less than 4o per centum of such JAN BARTOL' M V ru, apprpriations shall be available for zederal purposes. ARMED FORCES SECTION DIRECTOR yEFF T-MPL_: section o of the nct also states that -%vorty per centum STUDENT SECTION DIRECTOR 3fA'4 t:IrBpic- of the first a225 million; thirty per centum of the AGING SECTION DIRECTOR next o275 million; and twenty per centum of all SiL GAU%Or_ additional appropriations shall be apportioned equally among the several states.- Affiliated with he r,'a ticnai R@-c,ea!;on, arc Pack Assoc:at,on PROPOSED CHyNG- IN THE FORMAT FOR STATE AND LOCAL LVICF GRANTS - 2 Section 6 also says, "The total allocation to an individual State. . .shall not exceed 10 per centum of the total amount allocated to the several states in any one year." Obviously this formula has been changed . For example, with the- total LWCF appropriation for FY 1992 at $350 million, using the 20 per centum formula the state and local grant portion would be $70 million and not the $30 million allocated for FY 1991. But using the formula in the original Land and Clater Conservation act the state and local grant portion would rise to $127.5. million. There are some who argue':that the state and local grant portion should be 30 per centum or 40.,.per c.entum .or just follow the apportionment in the original VVXF Act . What Sections of the Act would need to be changed? Should the format suggested on page one be followed, only two sections of the Land and Water Conservation Fund Act would need to be altered, ie. Section 6 (f) (4) and Section 6 (f ) (7) and this can be done easily by amending the law in these Sections, as has been done before. Other Initiatives: Twenty conservation organizations have proposed that $1.164 billion be appropriated for federal Land acquisition and state grants in fiscal year 1992. They propose State Grants at $200 million of this total and offer a two page justification for this amount . Were the $200 million, as recommended both by NRPA and the twenty conservation . organizations to be approved, California would receive $15,478,000 instead of the estimated $2.5 million it will receive this year. The other initiatives speak only to the amount to be appropriated and not to the method used . Arguments Against : There are some who believe that members of Congress would be subject .to lobbying ry local park and recreation people for projects which didn't make it through the state review and priority process. . But: At the present time local park and recreation agencies can and do lobby their state legislators in behalf of their pro;;ects during the state review. In actuality, the lobbying at the Congresssional would probably be less than at present . Steps to Be Taken: The concept as cited herein will be circulated to other park and recreation agencies and associations nationwide and to the members of Congress who have indicated an interest in the revised process . Hopefully, this will sort out any contrary ideas and/or improvements in the concept , leading to the proposed changes suggested . Respectfully submitted: Robert G. Overstreet Richard C. Trudeau Legislative Chair Federal Legislative Uhair N t7►W z � FEDERAL STATE REVIEW LOCAL m arc —�` APPROPRIATION —� AND DISBURSEMENTS �`�' PROJECTS a. �p►ECL A # 1 FEDERAL STATE REVIEW TARGET LOCAL PRIORITIZATION & FEDERAL STATE APPROPRIATION REQUESTS SUBMITTAL TO APPROPRIATION DISBURSEMENT FEDERAL T --------------------- ------- LOCAL ----------- PROJECTS. IF.AM # 2 FEDERAL TARGET APPROPRIATION LOBBYING LOBBYING ' STATE REVIEW LOCAL PRIORITIZATION & J-> FEDERAL —j STATE LOCAL REQUESTS SUBMITTAL TO APPROPRIATION DISBURSEMENT PROJECTS FEDERAL L--------------- _.--------- ....._...-- . -----� I ' Claims No. 91-20 �I Meeting 91-35 Date: Oct. 23, 1991 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1482 922.17 Ace Fire Equipment & Service Recharge District Fire Extinguishers CowanY 1483 628.90 Acme & Sons Sanitation, Inc. Sanitation Services 1484 9.47 Altos Print & Copy Signs Lamination 1485 91.05 Allen Equipment Company, Inc. Equipment Parts 1486 3,925.31 Alves Petroleum Fuel 1487 3,077.01 Arne Sign & Decal Company, Inc. Decals for Vehicles 1488 154.20 AT&T Equipment Maintenance 1489 115.83 Baker Graphics, Inc. Signs Lamination 1490 500.12 Baron Wielding & Iron Works Sign Straps 1491 15.94 Bay Area Air (duality Permit Fee � Management District 1492 30.00 Bay Muffler Vehicle Repair 1493 436.75 Binkley Associates Consulting Services 1494 35.86 Richard Bishop Reimbursement--Docent Appreciation Event 1495 72.02 L. Craig Britton Private Vehicle Expense 1496 35.00 Robert Bruss Newsletter Resource Documents 1497 267.94 California Water Service Company Water Service 1498 4,399.11 Callander Associates Landscape Architectural Services 1499 893.54 Carsonite International Road Markers 1500 17,270.00 Clark Equipment Company Equipment 1501 1200.00 Clevenger Realty Appraisal Appraisal Services Corporation 1502 27.50 Coastal States Organization Resource Document 1503 406.50 Barrie D. Coate Arborist Consulting Services 1504 100.00 Coastside Proflame Propane Fuel 1505 309.75 Sheryl Marioni Cochran Reimbursement--Conference Eq>ense and Field Supplies 1506 20,279.07 Collishaw Construction, Inc. Bridge Construction 1507 29.28 Convey Safety Products Safety Supplies 1508 2,019.95 Contemporary &Vraving Company Nameplate Badges 1509 674.50 Alice Cummings Reimbursement—Photographic Supplies and Conference EWenses 1510 4,139.38 Design Concepts Design and Production Services 1511 52.25 Maryly Dole Private Vehicle Expense I 1512 33.25 Dyna Med First Aid Supplies 1513 246.25 Lima Early Consulting Services 1514 26.30 East Palo Alto Water District Water Service 1515 130.00 Jean Fiddes Reimbursement--Class Fee—J.Fiddes and H. Grench 1516 700.00 First American Title Guaranty Preliminary Title Reports CanpanY 1517 225,000.00 First American Title Insurance Land Purchase--POST Company 1518 150,000.00 First American Title Insurance Lam Purchase--Landre 1519 125,000.00 First American Title Insurance Land Purchase--Landre Company 1520 215,000.00 First American Title Insurance Land Purchase- Landre Company 1521 259.50 David B. Fisher Legal Services Claims No. 91-20 Meeting 91-35 Date: Oct. 23, 1991 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Amount Name Description ---------------------------------------------------------------------------------------------------- 1522 1472.53 Garcia Pump and Well Pump Repairs 1523 216.46 Goodco Press, Inc. Printing 1524 500.00 Greenbelt Alliance Contribution--Bay Area Open Space Council 1525 1,382.23 Herbert Grench Reimbursement--Local and Out-of-Town Meeting Expense and Conference Expense 1526 485.60 Mary Gundert Reimbursement--Conference Expense 1527 647.10 David Hansen Consulting Services 1528 189.44 Virg Harkins Signs Sign 1529 94.42 Mary Hayes Reimbursement--Glasses 1530 497.24 Hertz Equipment Rental Equipment Rental 1531 250.00 HMS-Lifecheck Safety Fair 1532 1533 900.00 J & J Water Trucks Water Delivery 1534 1,235.00 J. Thomas Jakaby Construction Administration Services 2,065.41 Jeda Publications Brochure Printing 1535 32.95 Jossey-Bass Inc. , Publishers Accounting Book 1536 461.45 Konica Business Machines Maintenance Agreement 1537 62.77 Kwik Key Lock & Safe Company Equipment Repair 1538 110.16 Langley Hill Quarry Base Rock 1539 112.35 Larry's Plumbing Equipment Repair 1540 1,050*00 Lodes Tree Surgeon Company Tree Trimming 1541 200.00 Lopez Gardening Landscape Maintenance--Distel 1542 1,575.28 City of Los Altos Plan Check Fees 1543 824.26 Los Altos Garbage Company Dumpster Rental 1544 425.00 Magana's Building Maintenance Janitorial Services--Distel 1545 2,291.20 Bob Martinelli Catering--Staff Appreciation Event 1546 31.20 Robert McKibbin Local Meeting Expense 1547 59.83 Marie McGough Office Supplies 1548 59.95 Paul McKowan Reimbursement--Glasses 1549 384.77 Micromedia, Inc. Microfische 1550 1,188.20 Minton's Lumber & Supply Field Supplies 1551 149.91 Miracle Auto Painting Vehicle Repair 1552 109.25 Moore Medical Corporation Medical Supplies 1553 96.72 Mountain View Garden Center Field Supplies 1554 562.50 Joyce Nicholas Consulting Services 1555 19.61 Norney's of Mountain View Office Supplies 1556 348.20 Stanley Norton Expenses--August and September 1557 1,006. 14 Orchard Supply Hardware Field Supplies 1558 1,049.30 Pacific Bell Telephone Service 1559 1 ,274.14 Pacific Gas & Electric Company Utilities 1560 325.70 Peninsula Blueprint, Inc. Photocopying 1561 195.49 Pine Cone Lumber Company, Inc. Field Supplies 1562 691.71 PIP Printing Printing 1563 500.00 Postage by Phone Postage 1564 1,500.00 Postage by Phone Postage Emergency check issued on October 23, 1991. **Emergency check issued on November 6, 1991. Claims No. 91-20 It Meeting 91-35 Date: Oct. 23, 1991 1 I MIDPENINSULA REGIONAL, OPEN SPACE DISTRICT # Amount Nacre Description 1565 10.32 Precision Engravers NameBadges 1566 540.00 Michael Quane Training Services 1567 12.00 Rancho Cobbler Uniform Expense 1568 22.72 Rancho, Hardware Field Supplies 1569 171.25 Reed & Graham.., Inc. Asphalt 1570 633.47 Rich's Tire Service Tires 1571 1,052.94 Ray's Repair Service Vehicle Repairs 1572 221.55 S & W Equipment Company Equipment Rental 1573 2,035.60 Santa Clara County Sheriff's Patrol Services Department s 1574 2,557.95 Scribner Graphic Press Newsletter Printing 1575 36.00 Sequoia Analytical Water Tests 1576 83.81 Shell Oil Company Fuel l 1577 5,647.56 George Sipel Associates Consulting Services 1578 360.00 Rick Skierka Surveying Services 1579 51.73 Skyline County Water District Water Services 1580 126.32 SuMmit Uniforms Uniform Expense 1581 205.68 Teater & Etc. Graphic Services 1582 1,500.00 True's Tractors Road Repair 1583 40.84 University Art Center Drafting Supplies 1584 48.12 Unocal Fuel 1585 523.18 USRentals Equipment Rental 1586 823.75 Valley Title Company Title Fees—Ringo 1587 369.78 Value Business Products Equipment Repair and Office Supplies 1588 226.00 Western-Allied Service Company Equipment Repair 1589 220.00 West Valley College--Park Training Tuition Management Program 1590 76.91 WMI Services: Port-o-Let Sanitation Services 1591 641.75 Ward Products Office Supplies 1592 631.01 Yardbird Equipment Sales Equipment and Repairs f I d Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: H. Grench, General Manager DATE: November 8 , 1991 SUBJECT: F. Y. I . Open space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT M-91-07 MEMORANDUM November 4, 1991 TO: Board of Directors FROM: M. Foster, Controller DATA PREPARATION: M. McGough, Accounting Specialist SUBJECT: Mid-Year Financial Review Attached are unaudited financial statements for the six months ended September 30, 1991. Exhibit A contains the District 's September 30 balance sheet compared to our audited position on March 31 . Our cash balance is down by less than $1 million because of strong tax receipts during the April-June period and a low level of land acquisition. It should be noted that $4.8 million of this cash balance are reserve funds to secure outstanding notes and, therefore, not available to fund District expenditures . The District ' s level of bonded indebtedness is now about 80% of our statutory debt ceiling. I do not anticipate any great difficulties in borrowing the funds required to close the Vidovich transaction next fiscal year. During these six months, the District purchased $1.9 million of land, the lowest amount since 1983. These purchases are listed in Exhibit F. Exhibit B shows our six month revenues compared to the same period a year ago and to the twelve month budget. Tax revenue exceeded budget expectations by some $250, 000 in the last four months of the 1990-1991 tax year (March-June) and there are indications that growth in current secured property taxes from San Mateo County will exceed budget assumptions (+10% vs. +6%) . On the other hand, the first installment of 1991-1992 current unsecured taxes from Santa Clara County showed no growth over the prior year. Overall , I expect that tax revenue during the current fiscal year will exceed budget by around $350,000. Overall District tax revenue in the 1990-1991 tax year (ending June 30 and before collection fees) was up 12% over the prior year, 11% in San Mateo County and 12. 5% in Santa Clara County. Reviewing other items in Exhibit B, interest income is up because we have not yet spent all of the proceeds from issuance of the 1990 Notes and COP' s in September 1990 . Grant income consisted of $132, 000 reimbursement for Picchetti restoration and M-91-07 Mid-Year Financial Review November 4, 1991 $385, 000 from Proposition 70 (Deka property) . The joint project income was from the Town of Portola Valley. The budget includes $3.1 million of receipts from sale of the Smith house ($600,000) , and excess land in the Teague Hill Preserve ($2. 5 million) . This is more likely to occur in fiscal year 1992-1993. Exhibits C, D, and E review six month operational and development spending against the twelve month budget (C) , versus the time- phased six month budget (D) , and compared to the same period last year (E) . The District spent 45% of its total twelve month administrative, operations, and development budget during the first six months. This is in line with performance in the prior two years (48% and 46%) and reflects continued realistic annual budgeting. Six month spending was only $79, 000 (4%) below the time-phased program budgets; substantially closer than in any prior year. The planning staff reports that all significant budgeted preserve development projects will be completed or in the process of construction by fiscal year end. Exhibit E indicates administrative, operational , and development spending is up only 2% over last year' s spending rate. However, this is misleading because last year ' s spending included $188, 000 of expenditures on the Open Space Conference. Excluding these non-recurring costs, spending is up 12. 5%. Salaries and benefits are up 13. 4%. Overall, the financial results of the first six months were consistent with the budget and in line with the District ' s long- term financial plans . i PIS' A i f I IMP I' REGIONAL OPEN SPACE DISTRICT fBalance Sheets March 31 arxi September 30, 1991 (Thousands) l September 30, 1991 March 31, 1991. (Unaudited) (Audited) Cash cl Equivalents -_--_-__ 12a558 0- ------- 13,415.6 Receivables 339.7 3,146.2 Prepaid Expenses 14.1 14.1 Land, at cost 117,779.9 115,878.8 Fquipment 961.3 858.8 Structures and Improvements 4,136.7 3,912.0 Hassler Bonds, 25.5 27.7 - m-- ------.--- ----------------- TOTAL i. ASSETS $135,815.2 $137,253. � ----------------- Accounts Payable $255.6 $302.4 Accrued Liabilities 152.4 196.1 Deferred Revenue 339.7 339.7 Land Contract Debt 2,734.8 2,837.4 Public Notes Payable -_----__-47,6'76.5 47,676.5 - -------- - TOTAL LIABILITIES $51,159.0 $51,352.1 f ____---__ - - _Y.._____ . - EQUITYTOTAL 84,656 85, 011 ------------------- ----------------- x i EXHIBIT B MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Six Month Revenue Versus for Year (Unaudited) (Thousands) Six Months Ended September 30 ---------------------------- 1991 1990 ---------------- - ----------------- Property Taxes $4,147.1 $3,707.6 Tax Subventions 157.6 305.3 Interest Income 504.1 258.8 Grant Income (incl.Prop.70) 517.0 600.0 Gifts 0.0 100.0 Rental Income 180.6 141.1 Fines 2.5 1.7 Joint Projects 113.8 112.5 Conference Grants & Registrations 0.0 149.6 Other 31.9 85.1 ----------------- ----------------- TOTAL RECEIPTS $5,654.6 $5,461.7 Six Month Revenue Versus lWelve Month Budget ------------------------------------------ Twelve Month Six Month % Budget Receipts Received ------------------ ----------------- Property Taxes $8,735.0 $4,147.1 47 Tax Subventions 550.0 157.6 29 Interest Income 900.0 504.1 56 Grant Income (inc.I.Prop.70) 1,030.0 517.0 50 Enterprise 405.0 180.6 45 Other 510.0 148.2 29 Proceeds from Sale of Land 3,100.0 0.0 0 ----------------- ----------------- ------------ TOTALS $15,230.0 $5,654.6 37 1 3 i i EXHIBIT i MIDPENINSULA REGIONALOPEN SPACE DISTRICT Six Month Operating Expenses v. T%elve Month Budget April - September, 1991 (Thousands) Twelventh Six Month Budget Spending Spent Salaries $1,830.5 $900.8 49 s Benefits 52.8 256.4 47 ? Subtotal $2,373.3 $1,157.2 49 Election EXpense 2.5 1.7 68 Other Contract Services 262.7 12 .4 48 Vehicle E)<pense 123.5 90.8 74 Contract Site Maintenance 177.6 72.4 41 Acquisition Expense (Inc. al) 127.7 46.6 36 ' Structures & Improvements 73 .3 132.8 18 Printing & Duplicating 20.7 8.2 40 ,I Rents & Leases 66.5 62.6 94 1 Training & Conferences 57.6 18.7 32 ' Equipment & Vehicles 146.0 102.5 70 Insurance 101.9 103.1 101 Utilities 77.9 41.2 53 Site Preparation 35.0 6.4 18 � Comrmuni do ( bli Lions of ts) 196.5 72.9 37 Other Non-Land 121.6 49.2 40 AL (NON-LAND) 4,626.3 2,O92.7 45 Debt Service 4,940.7 1,870.3 38 1Land Acquired 14,037.0 1,8 .0 13 Building Improvements 963.0 92.4 10 SI ----------------- _________________ ------------ TOTAL 24,567.0 $5,907.4 24 1 I EXHIBIT D MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Six Month OperatingExpenses v. Time-Phased t April. - September 1991 (Thousands) Budget Actual Variance ------------ Salaries $909.2 $ 00.8 8.4 Benefits 271.4 256.4 1 .0 Election Expense 1.0 1.7 (0.7) Other Contract Services 109.4 126.4 (17.0) Vehicle Emense 83.3 90.8 (7.5) Contract Site Maintenance Exp. 101.4 72.4 29.0 Acquisition Expense (Inc. al) 74.3 46.6 27.7 Structures & Improvements 145.1. 13 .8 12.3 Printing & Duplicating 10.4 8.2 2.2 Rents & Leases 6 .6 62.6 1.0 Training & Conferences 27.0 18.7 8. } Equipment & Vehicles 44.0 102.5 (58.5) Insuranc,e 101.9 103.1 (1.2) 0tilities 39.1 41.2 (2.1) Site Pre ration 17.5 6.4 11.1 Comm ications(Puhlications&Pro ects) 110.0 72.9 37.1 Other Non-Land 63.0 49.2 13.8 f -----------._._.---- ------- ---_._-_----_. AL (NON-LAND) $2,171.6 $2,092.7 78.9 DEBT SERVICE ----------------------------------- Principal 'Repayment $251.4 $303.4 (52.0) Interest 1,672.8 1,566.8 106.0 Total Principal & Interest $1,924.2 $1,870.2 54.0 f 1 i EYMBIT E MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Six Month Operating Expenses FY 1990-91 v. FY 1991-92 (Thous<-gids) Six Months Ended September 30 ---------------------------- 1991 1990 Increase ------------- --- ----------------- ....----_--- 1 ies $900.8 $817.6 10 Benefits 256.4 202.6 27 Election Expense 1.7 1.7 0 Other Contract Services 126.4 114.5 10 Vehicle Expense 90.8 83.0 9 Contract Site Maintenance Em. 72.4 43.9 65 Acquisition Expense (Inc. al) 46.6 94.1 -50 Structures & Improvements 132.8 130.2 2 Printing & Duplicating 8.2 9.8 -16 Rents & Leases 62.6 62.4 0 Training & Conferences 18.7 17.8 5 Equipment & Vehicles 102.5 37.1 176 Insurance 103.1 94.8 9 Utilities 41.2 23.0 79 Site Preparation 6.4 10.0 -36 Commmications(Publications&Projects) 72.9 255.8 -72 Other Non-Land 49.2 49.7 -1 -------- ----- ----------------- 'I ------------ TCrTAL (NON-LAND) $2,092.7 $2,048.0 2 Debt Service 1,870.3 $1,889.3 -1 Land Acquired 1,852.0 6,544.0 -72 Building Improvements 92.4 1,911.6 -95 ------------------ ----------------- ---------- $5,907.4 $12,392.9 -52 TOTAL 13 F I r EXHIBIT P MIDPENINSULA REGIONALOPEN SWAGE DISTRICT Land Acquired April 1 to Septenber 30, 1991 SELLER DATE S H PRICE NOTE PAYABLE ------------ Nicholas04/12 Sierra Azul $160,000.00 Gastronics05/31 Sierra Azul 75,000.00 $135,000.00 POST 05/31 Serra Azul 437,000.00 Deka ociata 05/31 Long Rime 985,000.00 Johnson 06/11 Sierra Azul 45,0 .00 Olivier 07/30 Sierra Azul 15,000.00 $1,717, 0. $135,000.00 I i I� I I S !I I Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT M-91-08 MEMORANDUM November 4 , 1991 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Mid-Year Program Evaluation Oral Report The management team met on October 28, 1991 to critique the mid- year program evaluation oral report presented at your October 23 Board meeting. Our conclusions are: 1 . Oral report format for mid-year program evaluation should be used in subsequent years. 2. Oral report format saved considerable staff time when compared with total staff time required to prepare written report. 3. Oral presentations should be only item on a regular Board meeting agenda or the sole discussion item for a special Board meeting. 4 . Presentation should be scheduled for date when all Board members will be present. 5. There was good dialogue and exchange of information between staff and Board. Format provided opportunity to provide more detailed explanation about why a particular timeline wasn' t being met or why a particular project was behind schedule. 6 . Provided opportunity for staff to give more rounded, total explanation of what happening in department . 7 . Presentation time of reports seemed just about right (see attached) . 8 . Liked presentation technique of having each staff member make his/her entire presentation and then having Board questions for that staff member. Order No. 366921 17 . DEED OF TRUST to secure an indebtedness in the original amount of $18 ,000 . 00 and any other amounts and/or obligations secured thereby , Trustor : Peter T . Wilson and Mary P. Wilson, his wife Trustee : Western Title_.Insurance Company , a corporation Beneficiary : Greendyke Investments , Inc . , a California corporation Dated : May 2 , 1972 Recorded : May 11 , 1972 Document No . : 15844-AF Book/Reel 6146 of Official Records at page/image 343 , Records of San Mateo County , California . Beneficiary 's Address - 2600 E1 Camino Real , Palo Alto, CA Loan No . - Not shown 18 . DEED AND COVENANTS OF EASEMENT , upon the terms and conditions as contained therein: By : Greendyke Investments Inc . and Between : Peter T . Wilson and Mary P. Wilson Dated : July 6 , 1972 Recorded : July 21 , 1972 Document No . : 39719-AF Book/Reel 6193 of Official Records at page/image 641 , Records of San Mateo County , California . 19 . NOTICE OF LIEN, pursuant to the terms and conditions as disclosed by those certain Covenants , Conditions and Restrictions shown in Exception No . 14 above : Executed by : Portola Park Heights Property Owners Association Against : Peninsula Open Space Trust Amount : $1 , 200 . 00 Dated : June 20 , 1983 Recorded : June 27 , 1983 Document No . : 83064360 of Official Records of San Mateo County , California . For information contact : James H . MacNiven, 2013 Broadway , Redwood City, CA 94063 , ( 415 ) 365-1633 20 . ANY AND ALL unrecorded subsisting leases and rights of parties in possession . 21 . ANY FACTS , rights , interest or claims which a correct ALTA survey would disclose . Page 9 EXHIBITZ4 Page �'�of�.aCL.. Order No. 366921 There have been no deeds recorded within the last two years prior to the date of this report , affecting the herein described property . NOTE : This report is subject to a cancellation charge as required by Sections 12404 , et seq. , of the Insurance Code of the State of California and Rule No. f of Department of Insurance Bulletin No . Ns . 35 E . ORDER DATE : May 1 , 1991 S .T .R . DATE : None TSP/ac/pma II i Page 10 EXHIBIT page hof IZa.?so ,Ze Sfld•Ot'!1'F r2f� of •oo•n••W 43 1214 61 7Zfo.o ♦ n 4 LO LASL (- . 8 '"vim NJ, � h .► /z = 3 i9 r - /-` r N ♦ Y N — _ _, n _ v1 '•. / 1.j/• � 1271 —O 30 II h q 1 )!.f �7• S� f 22 ,a rZe9 SC •�^ I S 5656'r',2-'E W 1310 eo n 3w n •.I , 113 I U s 3 ' ate ° o Z6__s o �- :8DO . ° o I �3gr'Oo J r r I ire-ITRJ/ 13 S 0' " ° � ,Q 17 P ! P 80 . n i 1 F56466 %7586 2S' .,,"' IN P M1 � 2 >1 s ee Je'tl e s BC'j a at� � 0: PI N W b O v� 2 i (� EXHIBIT zof9.Jr ce9.�7•" I 0 O� s E7 3.,�..E �,.fs Page 16 15 ,9 LAsr -x J/�rY of sdN N.drro cd, _4 HONDA — PESCADEPO UNIFIED SCHOOL DIST. r I ,'.,.��. . �� I-. _x � ,.�.,`w�rir.;�•a:� 3,�1�.2..r-�b ���a,wr�y��_a,r�n.�--s�.na _���__��_ -_ _�. Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT i I Meeting 91-32 SPECIAL MEETING BOARD OF DIRECTORS October 28 1991 MINUTES I. ROLL CALL President Nonette Hanko called the meeting to order at 7 :00 p.m. at the District office. Members Present: Nonette Hanko, Katherine Duffy, Teena Henshaw, Richard Bishop, Robert McKibbin, Ginny Babbitt, and Betsy Crowder. Personnel Present: Herbert Grench. Others Present: George Sipel. II . CLOSED SESSION The Board recessed to Closed Session for personnel matters . III. ADJOURNMENT The Board reconvened to adjourn at 10:45 P.M. Herbert Grench Open Space ------------ MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 91-34 SPECIAL MEETING BOARD OF DIRECTORS November 5, 1991 MINUTES I . ROLL CALL President Nonette Hanko called the meeting to order at 3:10 P.M. at the Dymond Conference Room of Old Mill Office Center. Members Present: Ginny Babbitt , Richard Bishop, Betsy Crowder, Kay Duffy, Nanette Hanko, Teena Henshaw, and Robert McKibbin. Personnel Present: Herbert Grench, Craig Britton, Jean Fiddes , Mary Hale, John Escobar, and Del Woods. Others Present: George Sipel II . CLOSED SESSION George Sipel facilitated the workshop session that focused on Board- management relationships. III. ADJOURNMENT The meeting adjourned at 10:15 F.M. Jean Fiddes District Clerk 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 Bishop ^ Claims No. 91-20 Meeting 01-35 Date: 0ov.I3, 1091 REVISED RIDPDN%NSULA REGIONAL OPEN SPACE DISTRICT � # Amount Name Description ___________________________________________________________________________________________________ 1488 922.17 Ace Fir* Equipment & Service Recharge District Fire Extinguishers Company � 1483 628.90 Acme & Sons Sanitation, Inc. Sanitation Services 1484 9.47 Altos Print & Copy Signs Lamination 1485 91 .05 Allen Equipment Cnmpaoy, Inc. Equipment Porte | | � 1486 3.025.81 Alves Petroleum Fuel 1487 3.077.01 Arne Sign & Decal Company, Inc. Decals for Vob1nlee 1488 154.20 AT&T Equipment Maintenance 1488 215.88 Baker Grmpbico, Inc. Signs Lamination 1490 500. 12 Baron Welding & Iron Works Sign Straps 1491 15.94 Bay Area Air Quality Permit Fee Management District | 1498 30.00 Bay Muffler Vehicle Repair 1403 436.75 Biohley A0000imtoo Consulting Services 1494 35.88 Richard Bishop Reimbursement--Docent Appreciation Event 1405 72.08 L. Craig Britton Private Vehicle Boganae 1496 35.00 Robert 8ruoo Newsletter Resource Documents 1497� 267.94 California Water Service Company Water Service � 1408 4.899.11 Collaodor Aenooiutaa Landscape Architectural Services 1480 893.54 Curonuite International Road Markers 1500 17.270.00 Clark Equipment Company Equipment 1501 1200.00 Clevenger Realty Appraisal Appraisal Services Corporation 1502 27.50 Coastal States Organization Resource Document 1503 406.50 Barrie D. Coate Achoriwt Consulting Services 1504 100.00 Comotmide pruflmm* Propane Fuel 1505 309.75 Sheryl Marioui Cochran Reimbursement--Conference Expense and Field Supplies 1508 80.279.07 Collimbaw Cmontructinu, Inc. Bridge Construction 1507 29.28 Cooney Safety Products Safety 8oppIio* 1508 3'010.95 Contemporary Engraving Company Nameplate Badges 2509 674.50 Alice Cummings Reimbursement--Photographic Supplies and Conference 2opeuoeo 1510 4, 139.38 Design Concepts Design and Production Services 1511 52,25 Maryly Dole Private Vehicle Expense 1512 38.85 Dyou Med First Aid Supplies 1513 248.25 Linda Early Consulting Services 1514 26.30 East Palo Alto Water District Water Service 1515 I30.00 Jean Flddeu Reimbursement--Class Fee--J.Fiddea and H. Greucb � 1516 700.00 First American Title Guaranty Preliminary Title Reports � Company 1517 225'000.00 First American Title Insurance Laud Purchase--POST � Company � � 1518 150,000.00 First American Title Insurance Land Purchase--Luodre Company 1519 125,000.00 First American Title Insurance Land Purchase--Luodre | Company 1520 815.000.00 First American Title Ioaoruooe Land Purchase--[audre Company | 1581 259.50 David B. Fisher Legal Services / Claims No. 91-20 Meeting 91-35 Date: Nov. 13, 1991 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description ------------- 1522 1472.53 Garcia Pump and Well Pump Repairs 1523 216.46 Goodco Press, Inc. Printing 1524 500.00 Greenbelt Alliance Contribution--Bay Area Open Space Council 1525 1 ,382.23 Herbert Grench Reimbursement--Local and Out-of-Town Meeting Expense and Conference Expense 1526 485.60 Mary Gundert Reimbursement--Conference Expense 1527 647.10 David Hansen Consulting Services 1528 189.44 Virg Harkins Signs Sign 1529 94.42 Mary Hayes Reimbursement--Glasses 1530 497.24 Hertz Equipment Rental Equipment Rental 1531 250.00 HMS-Lifecheck Safety Fair 1532 1533 900.00 J & J Water Trucks Water Delivery 1534 1 ,235.00 J. Thomas Jakaby Construction Administration Services 2,065.41 Jeda Publications Brochure Printing 1535 32.95 Jossey-Bass Inc. , Publishers Accounting Book 1536 461 .45 Konica Business Machines Maintenance Agreement 1537 62.77 Kwik Key Lock & Safe Company Equipment Repair 1538 110.16 Langley Hill Quarry Base Rock 1539 112.35 Larry's Plumbing Equipment Repair 1540 1,050.00 Lodes Tree Surgeon Company Tree Trimming 1541 200.00 Lopez Gardening Landscape Maintenance--Distel 1542 1,575.28 * City of Los Altos Plan Check Fees 1543 824.26 Los Altos Garbage Company Dumpster Rental 1544 425.00 Magana's Building Maintenance Janitorial Services--Distel 1545 4,29;.38 Bob Martinelli Catering--Staff Appreciation Event 2,720.80 1546 31 .20 Robert McKibbin Local Meeting Expense 1547 59.83 Marie McGough Office Supplies 1548 59.95 Paul McKowan Reimbursement--Glasses 1549 384.77 Micromedia, Inc. Microfische 1550 1 ,188.20 Minton's Lumber & Supply Field Supplies 1551 149.91 Miracle Auto Painting Vehicle Repair 1552 109.25 Moore Medical Corporation Medical Supplies 1553 96.72 Mountain View Garden Center Field Supplies 1554 562.50 Joyce Nicholas Consulting Services 1555 19.61 Norney's of Mountain View Office Supplies 1556 348.20 Stanley Norton Expenses--August and September 1557 1,006.14 Orchard Supply Hardware Field Supplies 1558 1 ,049.30 Pacific Bell Telephone Service 1559 1 ,274.14 Pacific Gas & Electric Company Utilities 1560 325.70 Peninsula Blueprint, Inc. Photocopying 1561 195.49 Pine Cone Lumber Company, Inc. Field Supplies 1562 691 .71 PIP Printing Printing 1563 500.00 ** Postage by Phone Postage 1564 1,500.00 Postage by Phone Postage * Emergency check issued on October 23, 1991. **Emergency check issued on November 6, 1991. . o Claims No. 91-20 Meeting 91-35 Date: Nov. 13, 1991 REVISED � MIDPC0IN8OLA B8Gl0N&L 0PC0 SPACE DISTRICT # Amount Name Description -_-_________-_______-_________---___-_-______________________-___--_____________--______--_____-_-- 1565 18.32 Precision Engravers 0mmeBmdgam � . 1566 540.00 Michael Qouue Training Services 1567 12.00 Rancho Cobbler Uniform Expense � . � 1568 22.72 Rmuobo Hardware Field Supplies 1569 171.25 Reed & Graham, Inc. Asphalt 1570 883.47 Rich's Tire Service Tires 1571 1.052.04 Roy'a Repair Service Vehicle Repairs � 1573 281 .55 9 & W Equipment Company Equipment Rental � 1573 2.035.60 8uutn Clara County Sheriff's Patrol Services Department � 1574 2'557.05 Scribner Graphic Press Newsletter Printing � 1575 38.00 Sequoia Analytical Water Tests 1578 83.81 Shell Oil Company Fuel 1577 5.647.56 George 8ipal Associates Consulting Servi ces 1578 360.00 Rick Skierka Surveying Services � I579 51.73 Skyline County Water District Water Services 1580 186.38 Summit Uniforms Uniform Expense � 1581 305.68 Teater & Etc. Graphic Services 1582 1 ,500.00 True's Tractors Road Repair 1583 40.84 University Art Center Drafting Supplies � � 1584 48.12 Unocal Fuel 1585 523.18 OSBeotulo Equipment Rental 1580 823.75 Volley Title Company Title Fees--Ringo � � 1587 360.78 Value Business Products Equipment Repair and Office Supplies 1588 286.00 Western-Allied Service Company Equipment Repair 1589 230.00 West Valley College--Park Training Tuition Management Program � 1598 76.91 WMI Services: Port-n-Let Sanitation Services 1591 641 .75 Word Products 0f��oe Supplies, � 1502 531.01 Yurdbird Equipment Sales Equipment and Repairs � � 1583 490,14 Petty Oaab Field, Shop and 0yfiom Supplies, Film and Developing, Photographs, Local an(' � Out-of Town Meeting Expense, and � Private Vehicle Expense � � � | | / | Distributed at November 13, 1991 Board Meeting FISCAL AGREEMENT REGARDING LAS PULGAS COMMUNITY DEVELOPMENT PROJECT by and between THE COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF MENLO PARK AND THE MID-PENINSULA REGIONAL OPEN SPACE DISTRICT THIS AGREEMENT is entered into as this day of 1991 by I and between theS`­'�COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF MENLO PARK and the MID-PENINSULA REGIONAL OPEN SPACE DISTRICT on the basis of the following facts, understandings, and intentions of the parties: RECITALS A. These Recitals refer to and utilize certain capitalized terms which are defined in Article 1 Of this Agreement. The parties intend to refer to those definitions in connection with the use thereof in this Agreement. B. The City Council of the City adopted the Redevelopment Plan for the Project by ordinance No. 670, dated November 24, 1981. C. The Agency has prepared, and the City Council of the City is eansidering fer adeption m Redevelopment Plan. the A ended D. Pursuant to (1) Section 16 of Article XVI of the Constitution of the State of California, (2) Health and Safety Section 33670 et sea. , and (3) the Amended Redevelopment Plan, the Agency is entitled to receive Tax Increment Revenue to pay the principal of and interest on loans of, monies advanced to, or indebtedness incurred by, the Agency to finance, in whole or in part, redevelopment in accordance with the Amended Redevelopment Plan. E. The District is a taxing entity with territory located within the Project Area and has declared that tax increment financing pursuant to the Amended Redevelopment Plan will have a negative financial impact on the District. COMPARISON OF S6503LPS0 AND 56504A.PS0 REDUM-\S6SOO.RM F. The parties have determined that, but for the fiscal mitigation measures set forth in this Agreement, the Project to be undertaken pursuant to the Amended Redevelopment Plan would create a financial burden or detriment by requiring an increase in the level of service provided by the District. G. Health and Safety Code Section 33401 provides that the Agency may pay to the District amounts of money which, in the Agency's determination, are necessary and appropriate to alleviate any financial burden or detriment caused to the District by the Project to be undertaken pursuant to the Amended Redevelopment Plan. H. In consideration of this Agreement determining the obligations of the Agency with respect to the Project and the Amended Redevelopment Plan, the District is foregoing the right to contest the adoption of the Amended Redevelopment Plan. NOW, THEREFORE, the parties agree as follows; ARTICLE DEFINITIONS Section 1. 1 Definitions,. The following definitions shall govern this Agreement: (a) "Agency" means the Community Development Agency of the City of Menlo Park. (b) "Amended Redevelopment ntP1 n" mean s the Amended and Restated Las Pulgas Community Development Project Area Plan, as adopted by the City Council of the City in accordance with the provisions of the Community Redevelopment Law. (c) "City" means the City of Menlo Park, California. (d) "Community Redevelopment Law" means the California Community Redevelopment Law (Health and Safety Code Section 33000 ' et sect. ) . (e) "District" means the Mid-Peninsula Regional Open Space District. (f) "District Payment" means, for a given Fiscal Year, the amount for such Fiscal Year shown in the attached Exhibit A, which Exhibit A is incorporated in this Agreement by this reference. COMPARISON OF S6503L.PSO AND 56SO4A.P50 REDID E\56504BAM -2- (g) "Fiscal Year" means the period commencing on July 1 and ending the following June 30. (h) "Long-Term Indebtedness" means any indebtedness of the Agency heretofore or hereafter entered into by the Agency with a term of at least three years, excluding any indebtedness owed to the City or any other governmental entity controlled by the Agency or the City, (i) "Project" means the program of redevelopment undertaken by the Agency pursuant to the provisions of the Redevelopment Plan or the Amended Redevelopment Plan. (j) "Project Area" means the Las Pulgas Community Development Project Area established by the Redevelopment Plan and delineated in the Amended Redevelopment Plan. (k) "Redevelopment Plan" means the Plan for the Las Pulgas Community Development Project Area adopted by the City Council of the City by Ordinance No. 670, dated November 24, 1981. (1) "Tax Increment Revenue" means those taxes allocated to the Agency pursuant to Health and Safety Code Section 33670 et secs. from increases in assessed valuation of the taxable property in the Project Area above the assessed valuation of the property in the Project Area as shown on the 1981-82 assessment roll (as such roll may be modified from time to time by operation of law) . ARTICLE 2 PAYMENTS TO THE DISTRICT Section 2 .1 Amount of Payments. Subject to the limitations :`:: 0.t ''hVhereafter set forth in this Article :::: is ::.: -.. .... beginnint'r:.;cv:e%;:adt'rkv:L�•.::{%:::-R-:;:-^.;•::;?`>'::n::9::h�,:_i+.::',t?''f;:;?:t?:;4:i:;;%+ .--.-.•%'•-r':'�:'•.:•'--'."f.'-i:•a::Y:.-�.>":<�`KGaci.✓ r :aia.::.��a'.{.•:.a::::a:<a::ia.':t:.:s:$:a:±.a:a::;- ..sr........,..v.............:::::::..,.::;}:}:n;}:?...} :.v:.::::..-:::..:. .:::-.. .^sfi'r.:s..v{;•'is^?:.:: v?:4e:.' .::{.r..,w.:r.LY.........x v .. ...:: .. .::.:. -yr.: :'Y:'•.'ai:i:.;i,::.:{.iiif::.:::n:.i:y.: - ".Y:i ,..•f.v�Z{Mn;.0 i , .:v-:•Far..,.v:..:;�.v:::.v.v::::�r::x::ri.v::.:v::.'.•:v.ffiX^:{A'{-:X::::>?:. ::•'::v.Xv.9.a:'v:,,::a,.s?vits4:vt,:@?:ri•R..^n:vs4.•.v.>w:nv.4:R:tY.i.'.-axva �""�• t.^.f:C:vStagcrv:. x )` > in Fiscal Year 1992-93 and continuing through Fiscal Year ^"� 34: 0 = , the Agency shall pay to the District the District PaymentYf"or such Fiscal Year as shown in the •'!:5:i$::{i;ry:nm'45:t.T±...,.1C: ,..,:"..rl i:-i{?n:<iY':':±u:}:.!:•+ny}}±w:}}±}>iS....:t:.:...:......vn••:{ '',,. attached Exhibit A fcii�:�-'&sa Section 2.2 Method of Payments. Ahe Agency shall make the payment required under section 2.1" within sixty (60) days after the end of the Fiscal Year for which the payment is due. COMPARISON OF S6503LPSO AND 56SO4A.PSO Rr n&-x56504BAFD -3- Section 2 .3 Limitation on Payments. Notwithstanding any other provisions in this Agreement, no payments shall be made to the District by the Agency: (a) Which would exceed the amount, annually, that the District would have otherwise received from property taxes from the Project Area had the Amended Redevelopment Plan not provided for the division of taxes pursuant to Health and Safety Code Section 33670 et sea. ; (b) The receipt of which would cause the District to rebate e or transfer monies to any other entity due to the District's expenditure limitations under Article XIII-B of California Constitution; (c) Which would be contrary to the provisions of Section 33401 of the Community Redevelopment Law or violate any other provision of the Community Redevelopment Law or the laws of the State of California. Any excess amounts under subsection (a) , (b) or (c) above shall be retained by the Agency for distribution, in the Agency's sole discretion, to other taxing entities or for the purposes of paying indebtedness incurred by the Agency in carrying out the Project. Section 2.4 Priority of Agency's obligations. (a) The District's rights to payment under this Agreement shall be subordinate to any currently existing or future Agency pledge of all or any portion of the Tax Increment Revenue otherwise payable to the District under this Agreement in order to secure payment of the Agency's Long-Term Indebtedness incurred for the Project. (b) Prior to making any pledge after the effective date of this Agreement, the Agency shall provide thirty (30) days' written notice to the District prior to the issuance of the Long-Term Indebtedness for which the pledge is being given and shall at the same time provide the District with reasonable evidence supporting the conclusion that the amount of the payments to the District under this Agreement would not be necessary for payment of debt service of the Long-Term Indebtedness. (c) In the event that, as a result of the provisions of this Section 2 .4, the payments to the District are reduced below the amount otherwise payable to it pursuant to this Agreement, then such reductions shall be treated as an advance by the District which a�. h shall be repaid by the Agency. The unpaid COMPARISON OF 56503LPSO AND 56504A.P50 RED1n&-\56504B.RID -4- i principal balance thereof shall bear interest at the rate paid by the State of California Local Agency Investment Fund or its successor entity. The advances and accrued interest shall be repaid as promptly as possible, and in any event the Agency shall use all Tax Increment Revenue available to it, after payment of principal and interest on the indebtedness to which the subordination applies and payment of any other obligations which are superior to the Agency's obligations under this Agreement (including, without limitation, statutory obligations of the Agency, such as the Agency's housing set-aside obligation pursuant to Health and Safety Code Section 33334.2) , to repay such advances and accrued interest. Section 2.5 Use of District Payments. made (a) Pay s ment by the Agency te the Distriet pursuant to this Agree fiant , i shall be applied by the n fraellities within er-et-herwis iefit te the Prejeet Area ----------............ . tie. 'e, .p M Wx ZM­: :-7 WX­x.x7M._1�4.P,............. _15 MO.: ems Wk W-23,YN _a end0,1140 -1, Ups develop. iW, .............. ......... A­�& 10i 41 Alfi V-0 ik e'e. ..f . . v ... .. . .. . ..... .. ......... P n X ........... the"D Ot. I ......... ..."""0 _V. TWO ,ti T ... ... . b6d 30.............. .............................. VA COMPARISON OF 56503LP50 AND 56504A.P50 PJMLWE\56504B= -5- }''•'•''?�•:.. vl�\,:b " Mtu �8� '`:•� 'a??'' L i.�'r'': ��i. ':�i'�:i�i`:��4.�' F'r?1� ;:� "•L.�l�+ �i �r���'�Fs�i!i`". ��u �. :�. ".:F\v2. rb., ::: 'l!: a.:rb:�.:'v•iiS, :.l 6r:\ �'•\•\: ::->;: :!::::-:...:.... :.:-\''{:}:•::.b:.b�;{��:�a-yCv...'i:::::f:'.!:F:.A?�.:.;:.:•: :v:;,.{:'{:n•.v-•,.:.:.v:;•:•+�•:::i.�..4/.....A ii::.\?•:^:i•:�:v:::�h::4Y`^.",ii:i::Cii{{4. :n..rt n\:KJY� vi'i.{f//f/.4.i^.•:-.C:::.i:::....i::iv:: v. 4 ' 'yF� e• ,,.. .••ice ^rr yr #j� ] bb#i. `.. 'yccv. M,!!:� T1TI!'.::��µY,��:T�.:T. ..�••rl!'•R1F. !!!w �{,',r.v 7+.�:M�' T+ -.��i�::�,.:n .,0..w:r:::::::.:.::::v-n.a[?•:{n -..�i,:--.v ,r,�. •`;{.':::{-.:;{r.-:`:.+,..,::�::':,Lv::r•/ :v:�:.,-:n„ :�.. ::::.(.-.. :. ::...:..:..:. -::.� '}�:'.":� :-.... :. ':'. ♦..:�-..,y.:..-...v...u-:..: J:y� �R'.,.:'i.•.}r�'jj ��Y'�/' :-'!-: .'►' ':}/•" sja a-:-: .Ll�� {C.:' :tv , : "i: .•.;'y:::V' •I S7 - fj•:..��J,{�.�'{�.'.�iSi �{al--on .:... ...-.a-::: v,.:.. ...:r ..{;{:.:{.. ::•v::v+:r•: ... -rr.: l...v.r..v.....v::::::.,..•.?v::.;:...:;..: l .b,' ,�]•1 ff�ii�' „�iK..r%v:?�G��;::i-:/+� +� (�](y /�•�i�+� :r.J+L [,y� (-r7� jy� -1[�• yf��}}1( �r4 ��j.'yj �}} #� J� +/, :-:_:R iF:+�f ll{.•f.•{�Mir -ib:' Mi,r: i.!.:w•Me:: i .....�T.•F�: :i:. fM:.v.zM411 f4 •a`.:' .1TM':�.1�'7:. s;: ri.};?!: K•:a'a:a' .:.a:a :aw:w:a:.,v••.3a: ?. Ury bibs, - :rl: i�r:li}},;a;:: r/. �4:v. ... ..::....... .::..:.•:.•.:.;:.;.p:+?.::\. .hb:i ...:.a::. -. ..t - ..ur":r :.l>>-' -_ ':\t`�?....'FiX:j..b, rA.: �.i}..."+�. .. _ .t:. .i h,.. < d`?` <v> .. a < . rr......._.-.:�b:�b:..r,�::...v:_..,1.a_ .......,a{•;v;.^, -::.• \•.,r 'b• asv:xa..:a::c:-:-;::<.ba::a:b:.:..•r:.:a::::{;<... -:r.<•: rax.= sr.x ...........:...r...n :>::: :.c.b.n.,,. ..r.w\i.=:::::.: ..:r::.:.•.piq..?.... .C' n j{:v: .::.:::4:pw.v..• �i+K.i��<:':.,��F:isi�';`:;: V•�i.`;::i:'�.i+ya':::�.�. ���..+�.o':��c#S;� '. ....k�fiFi:i:F.�1iF�4LRrr.';'!w+.�l::. �`ra.. f.35� :<.:;.s.._::.,:r:'::::;<;:.w..v.v.:.b;:.;r{r.,,.:..,..:�.,..;:.,...,;a,. .�-�'►.., .1'�,.,t,.. ..K. .... w,r r,•..{a..��. ._{..:•p:r,•..:: ..;'•�•:<`,• t.:,`,• ,.x{5a,.•..,:?t:a+,�.`�.n�:•:a;<-:a ^:a, s.'-x.. •`•'<•, .r:f/ ..r.,.::....,..::.::..r::.::.,.,. .:.,..:.::..•:.:,.:.:.....:.: ....::..- .H,, .r...: :u:. .., i;;t';,^' ar.r •i^l!<?"+. ..,zGs`:'r? ,,:-ib>:a;?, ,..St:.?n{c.,,,..;,�„_ a z_:.�ve�e`�' �,'5�.' ->>< <>�:der'��.�i�s" �de%r v• ��fa.�'?o.��" � 'Vs ' �t�..'.'a's��bs t ov.r - :aax..:•;a: -?,�::r..:�u:v',;v::.�r"'--.,-.•x•`.,`::.;, r:.a:`.K:.s�t`.:Fvk,:c::c���Y'{`•\,uu•,�`.•�o'."�:t:;�;:::3Ct�fi�Y'.<t��nf..-rsnS.w.,.�{...,,,,.wrarhv.w-lr.,ca+,�a?h`3naXGwlh.yi;2•:::�:;V.'.4�S:a::iris:'Yk'.�t!:Six.w..•A.r:.• Section 2.6 Indebtedness of Agency. This Agreement shall constitute an indebtedness of the Agency incurred in carrying out the Project and a pledging of Tax Increment Revenue from the Project (subject to the subordination provisions of Section 2.4) to repay such indebtedness under the provisions of Article XVI, Section 16 of the California Constitution and under the Community Redevelopment Law. Section 2.7 Section 33676 Election Superseded. The parties agree that this Agreement supersedes any election previously or subsequently made or purported to be made by the District pursuant to Health and Safety Code Section 33676; that any such election shall be null and void and of no further force or effect; and that the District shall receive no payment of Tax Increment Revenue other than as expressly provided in this Agreement. ARTICLE 3 GENERAL PROVISIONS ~ Section 3. 1 Elimination of Financial Burden; No Contest of Plan. The District acknowledges and agrees that the payments to be made and the actions to be undertaken by the Agency pursuant to this Agreement will effectively eliminate any financial burden or detriment that would otherwise be caused by the adoption of the Amended Redevelopment Plan and implementation of the Project. In consideration of such payments and actions, the District agrees to €fie recrd any right or remedy it may have in law or equity to cone stn` he preparation, adoption, or validityof the Amended Redevelopment Plan (including, without P ( g limitation any g or right remedypursuant to the California Environmental Quality Act and the implementation of the Project 4 Y ) P 7 contemplated to be undertaken pursuant to the Amended Redevelopment Plan. The District further declares its support for the efforts of the Agency and the City in connection with the COMPARMN OF 565d3LP50 AND 56544A.P50 RMUNE%S6504B.AED -6-- preparation, adoption and implementation of the Amended Redevelopment Plan. Section 3 . 2 Notices. All notices, statements, or other communications made pursuant to this Agreement to the other party shall be in writing, and shall be sufficiently given and served upon such other party if sent by United States registered mail, return receipt requested, postage prepaid, and addressed as follows: Agency: community Development Agency of the City of Menlo Park 701 Laurel Street Menlo Park, CA 94025 Attn: Executive Director District: Mid-Peninsula Regional Open Space District 201 San Antonio Circle, Suite C-135 Mountain View, California 94040 Attn: General Manager Either party may change its address for notice purposes by written notice to the other party prepared and delivered in accordance with the provisions of this Section 3.2. Section 3.3 No Third Party Beneficiaries. No person or entity other than the District and the Agency, and their permitted successors and assigns, shall have any right of action under this Agreement. Section 3 .4 Litigation Regarding Agreement. In the event litigation is initiated attacking the validity of this Agreement, each party shall in good faith defend and seek to uphold the Agreement. Section 3 .5 Term of Agreement. This Agreement shall take a effect as of the date of tcrh` '" ":+ and shall terminate upon the earliest...t6 }'ciccur o. nf( a final judgment rendering the Amended Redevelopment Plan invalid; (b) certification by the San Mateo County Registrar of Voters of a "no" vote in a referendum election on the Amended Redevelopment Plan; or (c) expiration of the Amended Redevelopment Plan and completion of all obligations of the parties under this Agreement incurred during the term of the Amended Redevelopment Plan. Following termination, neither of the parties shall have any further rights or obligations under this Agreement. C:OMPARMON OF 56503LP50 AND 56504A.Pso REDLBW,,56504B.RID -7- Section 3.6 State Law. This Agreement, and the rights and obligations of the parties hereto, shall be construed and enforced in accordance with the laws of the State of California. Section 3 .7 Attorneys'-Fees. In any action which either party brings to enforce its rights hereunder, the unsuccessful party shall pay all costs incurred by the prevailing party, including reasonable attorneys' fees. Section 3 .8 Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subjects covered herein. IN WITNESS WHEREOF, this Agreement is executed as of the date first above written. Attest: COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF MENLO PARK By: Attest: MID-PENINSULA REGIONAL OPEN SPACE DISTRICT By: COMPARISON OF 56503LPSO AND 56504A.PS0 REDUNE\56504B1UED -8- EXHIBIT A SCHEDULE OF DISTRICT PAYMENTS Fiscal Year Ending District Payment 1 nn-nn _en2 1_nnwn ona r 1^^C1n 852 199611,938 199814,244 1 199915, 466 y 200118, 069 t nnnnl^ A3- 209329, 665 290422,952 ' t 699 200625, 594 2007b'1 $ nnno�+e nnn 2 0 8 990 r73n 201032, 611 z911a'ors,569 201236, 604 201440922 n1! wnnnn I 291543,212 915 A212 201`a4errs 201748, 069 201850, 645 291953 i 32-3 202056, 109 �'+r-0 159 nnc 2G2262, 919 202365, 152 ilr202468,411 202809 / i w 292?7824 2028821802 990 890�nn 1 A 5 1^f n ...-.,...:^•:;;x„.;.,,..r.::�;�:<:�rrxs':='::�:,zx>.;:;, .•• :'...'s.-.;«..... :f_.`;.',::tY�S:-'r:; :-4f5i:S::rr:;.=��•ti•':i'•-;�'•;:r.•,;:}?:;:<=r:2>:*y..,.:.;::: ,-y.}}�� iyMy.�{..;S?i:t''^;.:i:�nj;'.'2Y. ::�54'i�:<4si•{tS'•::'i.Y2+:;:�vv:::::-::::::`�:i i�ni:-'.;v-t:i:{w i�:i�::;:::i' yY({ i.iii %� -„r ""�>itiliik:i:{$:'y:u� v:S:'firS•l:'�.,.;:}: v'-.�•_ .:ij: x..:C:i i ;i3 .,r.Y.,r...•:.r.n-..i2:%;::�._,-..�.,...r.-....:atiz:&......-..-r.r:�.x::':`�.•��::AJ.s-:::. :3t?:'s";�:.2.'�.r^R::.tw::€14r:.•7?;:y}i COMPARISON OF 56503L.P50 AND 56504A.P50 RMLViE`56SO4B.RED -9- i Ilk f':i'•'^:Yy YJ r_;r!:rii:v,:n••,i•r vi{v'?riL:::{i4i:'�ff:iX:}'>'r.•:v:/.-:}i:4:I} :.>�}>i}i:•iliir:';{.'.,}:S::i•}ii}:i:G}::rii:::i•+:>ll:i:4.?::4i'lr.J�:,:4Y.v --�:%2{'z�i`i �,;:#sx.}#:ta�a��:'<',S:r':'T;:Y: < :;;:�r•:a;;n•;:.;;•;�,,;r,:{{y{.;.;_x,•x;.;.,:n;,:.+>,.,.: .yy�}}�� 4♦�yh ,:^::iiP.iii}}:Siv,C:•.v\:{n;.:u{inX{:i:•;r-:v>;}.;n}}i•x{:Yi:G:Jh+�:K}::;y'l{;.:}i::i �J��{ }�.([ ..........:..:.v:......•:... ::...:{:.:. ':;;:may;r:;• - !el v:.$�:> {i:Y•'f.-}:k!%r.•:::.vv:i. -:•n4:.vv:r�}}:?:i•:;vitt ���.'isyi::���::i:i^:':::.:.,:•::::.}•n3�••:n,�nni;:+:av:�S.�:.v::::nv n:.. n,•\,1,vv :::.?C:.•k� �,•;:Y_-,�-,a;�; - ;.})t;;.?i%•:4:;{.:{.:>iYr:i';+.�i}:{iT:}:v:L nV'i::+ w�;":•i#+'•%•i}:ir. .:r�;i. y��c �Yly.�!r�. :4�44v-viJ:.C;y�3 >�i�i{:%.i+ii}vt;:::�ilf'.::7:v�?isvn''%N:;�:is/�'►y.�}�y>}�`}:�,�_�y:��s.. ,.-.,n.,,,,.n n,.n,+ti::Li}.:..r.NY.Sr�..i{.4A.v.........^::!ti�h......:?::ti-C{.:C>k:.....w.^:•:S-i^.vj�.v;.;.�.•v,.}:�.�'::}ti^.::.. F I'If COMPARISON OF W03LPS0 AND S6504A.PS0 REDLDfE\5WO4B.RED -10 Claims No. 91-20 Meeting 91-35 Date: Nov.13, 1991 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description ---------------------------------------—---------------------------------------------------------- ' 1482 922.17 Ace Fire Equipment & Service Recharge District Fire Extinguishers Company 1483 628.90 Acme & Sons Sanitation, Inc. 'Sanitation Services 1484 9.47 Altos Print & Copy Signs Lamination ' 1485 91 .05 Allen Equipment Company, Inc. Equipment Parts ', 1486 3,925.31 Alves Petroleum Fuel 1487 3,077.01 Arne Sign & Decal Company, Inc. Decals for Vehicles 1488 154.20 AT&T Equipment Maintenance 1489 115.83 Baker Graphics, Inc. Signs Lamination ' ' 1490 500.12 Baron Welding & Iron Works Sign Straps 1491 15.94 Bay Area Air Quality Permit Fee Management District I, 1492 30.00 Bay Muffler Vehicle Repair , 1493 436.75 Binkley Associates Consulting Services ' 1494 35.86 Richard Bishop Reimbursement--Docent Appreciation Event 11495 72.02 L. Craig Britton Private Vehicle Expense � 1496 35.00 Robert Bruss Newsletter Resource Documents I1497 267.94 California Water Service Company Water Service 1498 4,399.11 Callander Associates Landscape Architectural Services 1499 893.54 Carsonite International Road Markers 1500 17,270.00 Clark Equipment Company Equipment 1501 1200.00 Clevenger Realty Appraisal Appraisal Services Corporation 1502 27.50 Coastal States Organization Resource Document 1503 406.50 Barrie D. Coate Arborist Consulting Services 1504 100.00 Coastside Proflame Propane Fuel 11505 309.75 Sheryl Marioni Cochran Reimbursement--Conference Expense and Field Supplies 1506 20,279.07 Collishaw Construction, Inc. Bridge Construction 1507 29.28 Conney Safety Products Safety Supplies 1508 2,019.95 Contemporary Engraving Company Nameplate Badges 1509 674.50 Alice Cummings Reimbursement--Photographic Supplies and Conference Expenses I1510 4,139.38 Design Concepts Design and Production Services 1511 52.25 Maryly Dole Private Vehicle Expense 1512 33.25 Dyna Med First Aid Supplies j 1513 246.25 Linda Early Consulting Services 1514 26.30 East Palo Alto Water District Water Service 1515 130.00 Jean Fiddes Reimbursement--Class Fee--J.Fiddes and H. Grench 1516 700.00 First American Title Guaranty Preliminary Title Reports Company 1517 225,000.00 First American Title Insurance Land Purchase--POST Company 1518 150,000.00 First American Title Insurance Land Purchase--Landre Company II1519 125,000.00 First American Title Insurance Land Purchase--Landre Company 1520 215,000.00 First American Title Insurance Land Purchase--Landre Company 1521 259.50 David B. Fisher Legal Services Claims No. 91-20 Meeting 91-35 Date: Nov. 13, 1991 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description ------------------------- 1522 1472.53 Garcia Pump and Well Pump Repairs 1523 216.46 Goodco Press, Inc. Printing 1524 500.00 Greenbelt Alliance. Contribution--Bay Area Open Space Councij 1525 1 ,382.23 Herbert Grench Reimbursement--Local and Out-of-Town Meeting Expense and Conference Expense 1526 485.60 Mary Gundert Reimbursement--Conference Expense 1527 647.10 David Hansen Consulting Services 1528 189.44 Virg Harkins Signs Sign 1529 94.42 Mary Hayes Reimbursement--Glasses 1530 497.24 Hertz Equipment Rental Equipment Rental 1531 250.00 HMS-Lifecheck Safety Fair 1532 '' 1533 900.00 J & J Water Trucks Water Delivery 1534 1,235.00 J. Thomas Jakaby Construction Administration Services 2,065.41 Jeda Publications Brochure Printing 1535 32.95 Jossey-Bass Inc. , Publishers Accounting Book I1536 461 .45 Konica Business Machines Maintenance Agreement 1537 62.77 Kwik Key Lock & Safe Company Equipment Repair 1538 110.16 Langley Hill Quarry Base Rock 1539 112.35 Larry's Plumbing Equipment Repair 1540 1,050.O0 Lodes Tree Surgeon Company Tree Trimming 1541 200.00 Lopez Gardening Landscape Maintenance--Distel 1542 1,575.28 * City of Los Altos Plan Check Fees 1543 824.26 Los Altos Garbage Company Dumpster Rental 1544 425.00 Magana's Building Maintenance Janitorial Services--Distel 1545 Bob Martinelli Catering--Staff Appreciation Event 2,720.80 I 1546 31.20 Robert McKibbin Local Meeting Expense 1547 59.83 Marie McGough Office Supplies 1548 59.95 Paul McKowan Reimbursement--Glasses 1549 384.77 Micromedia, Inc. Microfische 1550 1 ,188.20 Minton's Lumber & Supply Field Supplies 1551 149.91 Miracle Auto Painting Vehicle Repair 1552 109.25 Moore Medical Corporation Medical Supplies 1553 96.72 Mountain View Garden Center Field Supplies 1554 562.50 Joyce Nicholas Consulting Services 1555 19.61 Norney's of Mountain View Office Supplies f1556 348.20 Stanley Norton Expenses--August and September 1557 1,006. 14 Orchard Supply Hardware Field Supplies 1558 1 ,049.30 Pacific Bell - Telephone Service 1559 1,274.14 Pacific Gas & Electric Company Utilities 1560 325.70 Peninsula Blueprint, Inc. Photocopying 1561 195.49 Pine Cone Lumber Company, Inc. Field Supplies 1562 691.71 PIP Printing Printing 1563 500.00 ** Postage by Phone Postage 1564 1 ,500.00 Postage by Phone Postage * Emergency check issued on, October 23, 1991. **Emergency check issued on November 6, 1991 . i ( � Claims No. 91-20 � � Meeting 91-35 � Date: Nov. 13, 1801 REVISED � MID9BNI0ODLA REGIONAL OPEN SPACE DISTRICT � # Amount Name Description � � _____-______--____-___________-_____-_____---_______-______________-_____----________-______-______ � � 1565 10.32 Precision Engravers 0ameBad�ee � � � 1588 5�0.0� Michael �uane � Training Services . � 1587 12.00 Rancho Cobbler Uniform Expense �58� �� Y� Rancho Hardware Field Supplies . � 1569 171.25 Reed & Graham, Inc. Asphalt 1570 633.47 Rich's Tire Service Tires . o n * | 1571 1,052.94 Bwy'e Repair Service Vehicle Repairs 1572 221 .55 8 & W Equipment Company Equipment BeutuI � 1573 8,035.60 Santa Clara County Sheriff's Patrol Services / | Department / 1574 2.557.95 Scribner Graphic Press Newsletter Printing � 1575 38.00 Sequoia Analytical Water Tests / � 1576 83.81 Shell Oil Company Fuel � 1577 5.647.56 George Sipel Associates Consulting Services � � 1578 360.00 Rick Skierkm 8ur 'eyiog Services | � � 1570 51.73 Skyline County Water District Water Services � 1580 128.33 Summit Uniforms Uniform Expense � 1581 205.68 �euter & Etc. Graphic Services . . � 1582 1 .500.00 7rne'm Tractors Road Repair | 1583 40.84 University Art Center Drafting Supplies � 1584 48.12 UuoouI Fuel � � 1585 523. 18 US8eotuls Equipment Rental � � 1586 823.75 Valley Title Company Title Fees--Ringo � 1587 380.78 Value Business Products Equipment Repair and Office Supplies � � � 1588 228.00 Western-Allied Service Company Equipment Repair � 1580 220.00 West Valley College--Park Training Tuition � � Management Program � � 1590 76.91 WKI Services: Port-o-Let Sanitation Services � � 1591 641 .75 Word Products Office Supplies / 2502 831.01 Ymrdbird Equipment Sales Equipment and Repairs � 1503 400.14 petty Cash Field, Shop and Office Supplies, Film � � and Developing, Photographs, Local oud Out-of Town Meeting Expense, and � Private Vehicle Expense | | � | | | | | | ~