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Home My Public Portal About19930922 - Agendas Packet - Board of Directors (BOD) - 93-19 I Open Space 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 93-19 REGULAR MEETING BOARD_OF DIRECTORS AGENDA 7:30 P.M. 330 Distel Circle Wednesday Los Altos, California September 22, 1993 (7:30) * ROLL CALL ** ORAL COMMUNICATIONS -- Public ADOPTION OF AGENDA *** ADOPTION OF CONSENT CALENDAR -- B. Crowder *** APPROVAL OF'MINUTES September 8, 1993 (Consent Item) *** WRITTEN COMMUNICATIONS (Consent Item) BOARD BUSINESS (7:45) 1. Response to 1992-1993 Santa Clara County Grand Jury Final Report -- B. Crowder *** 2. Proposed Addition of the Norton Property to Russian Ridge Open Space Preserve -- C. Britton (Consent Item) Resolution Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing Acting General Manager to Execute Any and All Other Documents Necessary Or Appropriate to Closing of the Transaction (Russian Ridge Open Space Preserve - Lands of Norton) (8:05) 3. Proposed Addition of the Bartels Property to Mt. Umunhum Area of Sierra Azul OP p Open Space Preserve -- C. Britton Resolution Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing Acting General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of Bartels) *** 4. Approval of Parking Violation Bail Schedule -- J. Escobar (Consent Item) (8:15) 5. History of Preserves -- B. Crowder Open Space . . . for room to breathe 20th Anniversary • 1972-1992 330 Distel Circle • Los Altos, California 94022-1404 Phone: 415-691-1200 • FAX: 415-691-0485 General Manager:Herbert Grench Board of Directors:Pete siemens,Robert McKibbin,Teena Renshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit *** 6. Application to Habitat Conservation Fund Program for Devils Canyon (Acronico Property) Acquisition -- R. Anderson (Consent Item) Resolution Approving the Application for Grant Funds for the Local Agency Grant Program - Fiscal Year 1994-1995 Under the Habitat Conservation Fund Program of the California Wildlife Protection Act of 1990 for the Following Project: Devils Canyon (Acronico Property) Acquisition (8:25) 7. Continued Discussion of Board Policies Pertaining to Board Records -- N. Hanko INFORMATIONAL REPORTS -- Directors and Staff *** REVISED CLAIMS (Consent Item) 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. ** ADDRESS THE BOARD: The Chair will invite public commen t on agenda items at the time TO SS p g r Board concerning other ' r Board o Directors. You m address the each item is considered b the may g y .f matters during oral communications. Each speaker will ordinarily be limited to 3 minutes. When recognized, please begin by stating your name and address. Please fill out the speaker's form so your name and address can be accurately included in the minutes. Alternately, you may comment to the Board by a written communication, which the Board appreciates. *** All items on the consent calendar shall be annroved without discussion by one motion unless a Board member removes an item from the consent calendar for separate discussion. A member o the public may request under oral communications that an item be removed from the consent calendar. NOTICE OF PUBLIC MEE'CINGS The Finance Committee will meet on Wednesday, September 22, 1993 beginning at 630 at the District office. The purpose of the meeting will be to discuss District finances and alternative funding opportunities. The Dog Committee will hold a public workshop on Tuesday, September 28, 1993 beginning at 7:30 p.m. at ITillview Community Center, 97 Hillview Ave., Los Altos. The workshop will foes on appropriate canine access to District preserves. Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 93-18 REGULAR MEETING BOARD OF DIRECTORS September 8, 1993 MINUTES I. ROLL CALL President Betsy Crowder called the meeting to order at 7:30 P.M. Members Present: Ginny Babbitt, Betsy Crowder, Wim & Wit, Notnette Hanko, Teena Henshaw, Pete Siemens, and Robert McKibbin. Personnel Present: lean Fiddes, Randy Anderson, Malcolm Smith, John Escobar, Mary Gundert, Stanley Norton, and Deborah Zucker. 11. ORAL COMMUNICATIONS There were no oral communications. Ill. ADOPTION OF AGENDA B. Crowder stated that the agenda was adopted by Board consensus. IV. ADOPTION OF CONSENT CALENDAR N. Hanko requested removal ofAugust 25 minutes from the consent calendar. Motion: R. McKibbin moved that the Board adopt the consent calendar as revised, including minutes of the August 26, 1993 SpLial Meeting and Revised Claims 93-15. G. Babbitt seconded the motion. The motion passed 5 to 0. Directors Henshaw and Siemens were not present for the vote. V. APPROVAL OF MINUTES August 25, 1293 N. Hanko stated that the first sentence of item VI. D. on page 4 should be revised to state "N. Hanko reported that the recommended new policy does not address the question of requests . Motion: N. Hanko moved that the Board adopt the minutes of August 25, 1993 as revised. R. McKibbin seconded the motion. The motion passed 5 to 0. Directors Henshaw and Siemens were not present for the vote. Open Space . . . for room to breathe 20th Anniversary - 1972-1992 330 Distel Circle - Los Altos, California 94022-1404 Phone: 415-691-1200 - FAX: 415-691-0485 e General Manager:Herbert Grem h Board of ffirc(tors:Pele Siemens,Robert M(Kibbin, feena I lenshow,Ginny Babbitt,Nonette Hanko,Betsy 0owder,Wim de V%lit Meeting 93-18 Page 2 VI. BOARD BUSINESS A. Approval of License Agreement for Underground Utilities to Serve Proposed Communication Facility on California Water Service Inholding at Rancho San Antonio Open Space Preserve (Report R-93-97) R. Anderson explained the proposed agreement with Smart SMR to install, operate, and maintain underground electrical and telephone utilities across District land to serve the proposed communications facility to be constructed on California Water Service water tank site at Rancho San Antonio Open Space Preserve. He said that the lease agreement would mitigate the visual impact of the existing utility poles, would have a term of ten years, and would give Smart SMR the right to extend the agreement for one five-year period. Mr. Kirk del Prete, representing Smart SMR, stated that the underground utilities would serve the ranger residence near the site as long as the residence exists. Motion: G. Babbitt moved that the Board authorize the acting general manager to approve the license agreement for Smart SMR of California, Inc. to install, operate, and maintain underground electrical and telephone utilities across District land. R. McKibbin seconded the motion. Discussion: R. Anderson requested that the Board amend the motion to authorize the Board president or the acting general manager to approve the license agreement. G. Babbitt and R. McKibbin agreed to incorporate the proposed amendment in their motion. The motion passed 7 to 0. B. Presentation of a Conceptual Design for Interpretive Displays for the David C. Daniels Nature Center at Skyline Ridge Open Space Preserve (Report R-93-98) M. Gundert reviewed the focus committee's work to develop the theme and design of the David C. Daniel's Nature Center. She introduced Ms. Jana Sokale, the planning consultant for the project, who presented the conceptual design for the center that included an active laboratory and interactive displays with an aquatic theme. M. Gundert stated that implementation of the design and operations details would be discussed further by the focus committee. Ms. Sokale said that she would include the final design, operations recommendations, and cost estimates in her next presentation to the Board. Dr. David Daniels, 305 Tioga Court, Palo Alto, expressed his appreciation for the focus committee's work and for the design work by Ms. Sokale. Meeting 93-18 Page 3 VII. INFORMATIONAL REPORTS G. Babbitt, speaking in favor of the District's bicycle speed regulation, said that she rode a bike ride on a multi-use trail at 15 m.p.h. and experienced first-hand that 15 m.p.h. is a fast ride. She polled the Board for possible staff recognition dinner dates. The recommended dates were Thursday, October 7 or Thursday, October 14. ' n B. Crowder reported that she and Bill Sorich hiked the Devil's Canyon area. . C owde e a 1� Y P. Siemens reported that he received a lengthy message from an unidentified caller who was very concerned about bicycles on trails. W. de Wit said that he visited Point Reyes Visitors Center and remarked that the displays were beautiful and that the wheelchair accessibility at the center was very good and had been implemented long before the Americans with Disabilities Act mandate. M. Smith stated that the District's brochure "Sharing the Trails" had been reprinted. J. Fiddes reported that there was one bicyclist injury accident on Long Ridge Open Space Preserve on September 5. S. Norton reviewed an editorial printed in the Country Almanac on September 1 concerning San Francisco's adoption of a law that includes innovations to existing meeting and disclosure requirements. VIII. CLOSED SESSION J. Fiddes announced that the litigation matter to be discussed in Closed Session concerning the Hosking bankruptcy fell under Government Code Section 54956.9 (a). The Board recessed to Closed Session on litigation, labor negotiations, and personnel matters at 8:53 P.M. IX. ADJOURNMENT The meeting was adjourned at 9:45 P.M. Deborah Zucker Secretary Claims No. 93-15 Meeting 93-18 Date: Sept. 8, 1993 REVISED \ MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # e Description 4718 756.46 Signs of the Times Signs 4719 460.00 Eugene Sheehan Grading 4720 58.21 Skyline County Water Service Water rvice 4721 1,610.28 Valley Oil Company Fuel 4722 81.58 West Coast Rebar field Supplies 4723 76.91 WMI Services: Port-O-Let Sanitation Services 4724 78.07 Design Signs Signs 4725 10,349.86 George Bianchi Coast tion,Inc. Picchetti Blacksmith Shop Restoration 4726 1,723.08 Brian Kangas Fou Engineering Services 4727 10,545.18 Geotechnical ement, Inc. Weeks Road Construction 4728 640.00 ** County of to Clara Grading Permit--Rancho Field Office 4729 357.37 Petty Field and Office Supplies, Film and Developing, Photocopying, Professional Dues and Private Vehicle Expense **Urgent the on September 7, 1993. Claims No. 93-15 Meeting 93-18 Date: Sept. 8, 1993 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Name Description ------------------------------------------------------------------------------------------------- 4676 60.58 --Randy Anderson Reimbursement Staff Activities 4677 492.43 Artech Laminating Equipment and Supplies 4678 852.55 Big Creek Lumber Posts and Lumber 4679 50.00 California Association of Regional Agency Membership Parks and Open Space 4680 7.00 California Department of Forestry Photocopying--Timber Harvesting Plan 4681 22.07 California Water Service Water Service 4682 165.00 Campbell's Towing Towing 4683 950.00 Cannis Consulting Engineers Surveying Services 4684 161.31 Sheryl Marion Cochran Private Vehicle Expense 4685 1,515.00 Corporate Design Strategies Windy Hill Computerized Map 4686 145.00 Deerfield Seminars Registration--D. Dolan 4687 1,614.04 Design Concepts Design and Production of Newsletter, Framing and Materials 4688 62.32 DynaMed Medical Supplies 4689 1,968.00 Earth Systems Consultants Geotechnical Engineering Services 4690 51.80 Farrelle Ccanmunication Radio Repair and Parts 4691 74.41 * Falore Jeep Vehicle Repairs 4692 59.05 Foster Bros.Security Systems Locks and Keys 4693 15,340.70 GM Truck Center Vehicle 4694 133.63 Herbert Grench Consulting Expenses 4695 216.32 Mary Gundert Private Vehicle Expense 4696 32.48 Sharon Hall Photography Prints 4697 16.66 Honda Peninsula Vehicle Parts 4698 211.75 Honeywell Protection Services Burglar Alarm Maintenance Agreement 4699 56.02 Keeble and Shuchat Photography Photo Processing and Prints 4700 335.74 Dennis Kobza & Associates, Inc. Architectural Services--Rancho Field Office 4701 351.35 Konica Business Machines Photocopier Maintenance Agreement 4702 64.10 Judy Law Private Vehicle Expense 4703 h �� 7 550.00 - nu�sen Buie Pontiac-GMC Inc, Vehicle Repairs 4704 70.00 Micro Accounting Solutions Computer Services 4705 857.38 Milstone Geotechncal Engineering Services--Sausal Spillway 4706 88.87 Moffett Supply Company Paper Supplies 4707 25.00 Motorola Antenna Site Rental 4708 391.92 Pacific Bell Telephone Service 4709 71.98 Peninsula Blueprint Bluelines 4710 933.19 Pilarcitos Quarry Base Rock 4711 160.48 Pitney Bowes Postage Meter Rental 4712 59.00 R & G Appliance Service Equipment Repair 4713 9.39 Rancho Hardware Field Supplies 4714 3,270.52 Sandis Humber Jones Consulting Services--Grading and Drainage Plan 4715 100.00 Santa Clara County Environmental Hazardous Waste Permit Health Services 4716 1,551.00 Sevan Construction, Inc. Building Permit--Rancho Field Office 4717 183.16 Shell Oil Company Fuel * Urgent check issued on September 1, 1993 l Claims No. 93-15 Meeting 93-18 Da�t�e:.�^:r;S�ept. 8, 1993 . L EYISE / MIDPENINSULA REGIOtar, OPEC: SPACE DISTRICT # Name Description --------------- 4718 756.46 Signs of the Times Signs 4719 460.00 Eugene Sheehan Grading 4720 58.21 Skyline County Water Service Water Service 4721 1,610.28 Valle Oil y y Company Fuel 4722 81.58 West Coast Rebar Field Sup-plies 4723 76.01 FMI Services: Port-O-Let Sanitatic:. Services 4724 78.07 Design Signs Signs 4725 10,349.86 George Bianchi Constructicn,Inc. Picchetti Blacksmith Shop Restoration 4726 1,723.08 Brian Kangas Foulk Engineering Services 4727 10,545.18 Geotechnical Management, Inc. Nbeks Road Construction 4728 640.00 ** County of Santa Clara Grading Permit--Rancho Field Office 4729 357.37 Petty Cash Field and Office Supplies, Film and Developing, Photocopying, Professicna_ Dues and Private Vehicle dense "Urgent check issued on September 7, 1993. I 1993 RESPONSE ACTION PROPOSED BY STAFF SAP0 LJjuV Board President Acknowledge/Respond CHERYL S. SMITH Director Acknowledge/Respori 241 FRIAR WAY Staff Acknowledge/Respond CAMPBELL, CA 95008 408/374-1118 Draft Response Attached Staff to be Directed to Prepare Draft Response for Board Consideration per September 3, 1993 j Board Directive(s) No Response Necessary Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 RE: Dog Access Workshop j Dear Sir or Madam: I cannot attend your upcoming public workshop on policies regarding dogs in open space preserves, but I would like to make my feelings known. I have visited and enjoyed Windy Hill and St. Josephs Hill with my dog. I would like to enjoy the cool of Purisima Creek Redwoods, as recommended in your newsletter, but I am a single woman and in these times I do not go out walking without my dog accompanying me. We have had no negative impact on the preserves. I keep my dog on leash, we step aside for other trail users, and I pick up after my dog. We have stood and watched deer that were not at all alarmed by our presence. As I wrote to the newsletter editor some time ago, dog owners are not the villains. Every group of users -- hikers, bikers, equestrians -- has some irresponsible members. But dog owners seem to be particularly susceptible to being universally blamed for the actions of a few. In my Where to Walk Your Dog books I plead with people to be responsible, but it is not fair to penalize an entire group because of the actions of a few. I would like to see more preserves opened to dogs. If you are concerned about clashes among users, I suggest the plan in effect on Santa Cruz beaches -- dogs are aloowed during certain hours of lower use. Thank you for your consideration of these remarks. Regards, Open Space '1111111.1.6......................... MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION Cheryl Smith 241 Friar Way Campbell, CA 95008 Dear Ms. Smith: Thank you for your September 3, 1993 letter regarding dogs on open space preserves. The District's Board of Directors reviewed your comments at out Regular Meeting last night. We regret that you cannot attend the Dog Committee workshop on September 28, and are pleased that you took the time to write to us. I have forwarded your request to allow dogs at Purisima Creek Redwoods Open Space Preserve to the Board's Dog Committee. The September 28 workshop will be the beginning of a study to determine where dog use is appropriate. The committee will consider all suggestions during a series of public meetings. These meetings will help the District develop a general dog use policy, as well as a plan for designating dog use at specific open space preserves. District staff will add your name to our mailing list and notify you of future Dog Committee •meetings. We welcome your participation. Sincerely, Betsy Crowder, President Board of Directors BC/CB/kh cc: Board of Directors Open Space . . . for room to breathe 20th Anniversary - 1972-1992 330 Distel Circle • Los Altos, California 94022-1404 Phone: 415-691-1200 • FAX:415-691-0485 General Manager:Herbert Ciench Board of Directors Poe Siemens,Robert M(Kibbin, lecria Hembaw,Ginny Babbitt,Nonette I lanko,Betsy Crowder,Wim(le Wit -LZ rUNSt ACTION PROPOSED BY STAFF Board President Acknowledge/Respond Director Acknowledge/Respond Staff Acknowledge/Respond Draft Response Attached Staff to be Directed to Prepare Draft Response for Board Consideration per Board Directive(s) No Response Necessary NANCY V. CARTER 237 CANYON DRIVE PORTOLA VALLEY, CA 94028 PHONE: (415) 851-2743 , August 10, 1993 9 S Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Re: Dog Use on Trails To whom it may concern: My husband and I very much enjoy being able to use the trail at the base of Windy Hill to walk our dogs. We believe that we are responsible dog owners and respect the use of others to use the trails and act accordingly. We would appreciate your giving every consideration to opening up additional trails for the use of dogs. I am sure that you are well aware that there are for example in San 'Mateo County, 60, 000 registered dogs and 6, 000 registered horses. Given this ratio, it is interesting that most of the trails permit horses whereas almost none of the trails permit dogs. We really appreciate your being willing to consider the use of dogs on trails. By their signature on the attached, the following other persons are joining with us in this request. Sincer ly Nancy -V. Carter TO: Midpeninsula Regional Open Space District RE: Dog Use on Trails Please continue to allow dogs in the trails where they are now allowed and please consider permitting them in additional areas. Dated: By: C J � C� Dated: lG l BY P -1-0 F} V)Pt CLL-I Dated: l 3 !u- a- Q � jn � � �m �RC eL 9y06.3 Dated: By: Cy{ /-lAt A 9-/30 3 Dated: BY L, M Et 915C M n e/4. Veu, C'i4 Dated: �� 11 y .j -r'/zCc Ctc cc CC �LlC.eJ By: Stc�Jli�r� i� R E. ��ZUlirniiy ILI lZc� ��ivC �y Sumac ILA ', CA Dated: By: au Continuation. J i Midpeninsula Regional Open Space District August 10, 1993 Page 2 r j•' Dated: Y /• 0 � ram• �a (/ /,,y Dated: rX Dated: By � 1 Dated: / o rtr►� v'�l lr� , Ckq Dated: �r�� "� � ��Cln��,_-._ �'11 .2� Dr '►--e Dated: Dated: B a o\ Dated: p By: �i— p TO: Midpeninsula Regional Open Space District RE: Dog Use on Trails Please continue to allow dogs in the trails where they are now allowed and please consider permitting them in additional areas. Dated: AJ By: ar Dated: E 3i /93 ' ( Lli��'Jr�lNycJ By: 1--,c / 42Fl= r CA 9yDL3 I Dated: r By: Dated: By: Dated: By: 1 Dated: By: Dated: By: Continuation. Dated: n �� v q3 By: v hf C oKoAA, ,-,6,Y vkcc6y �4. 2� Dated: ^ 2-3 By d Cam ` CJ6 ' c� Dated: 2- 33 {v c"e.4,�c-- ,",� Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DRAFT RESPONSE PREPARED BY STAFF fOR BOARD CONSIDERATION Nancy V. Carter 237 Canyon Drive Portola Valley, CA 94028 Dear Ms. Carter: The District's Board of Directors reviewed your August 10, 1993 letter at our Regular Meeting last night. Thank you for your comments about allowing dogs on open space preserves. I have forwarded your letter to the Board's Dog Committee. The District is beginning a study to determine where dog use is appropriate. The Dog Committee will consider all suggestions during a series of public meetings. These meetings will help the District develop a general dog use policy, as well as a plan for designating dog use at specific open space preserves. The first Dog Committee workshop will take place September 28 at 7:30 p.m. The meeting will be held at the Hillview Community Center, 97 Hillview Avenue, Los Altos. We've sent a meeting notice of the workshop to all of the other persons who signed your letter. District staff will add your names to our mailing list and notify you of future Dog Committee meetings. We welcome your participation. Sincerely, Betsy Crowder, President Board of Directors BC/CB/kh cc: Board of Directors Open Space . . . for room to breathe 20th Anniversary - 1972-1992 330 Distel Circle - Los Altos, California 94022-1404 Phone:415-691-1200 0 FAX: 415-691-0485 e 11le n4vv la ,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit Presented oral communication at Sentember 22 , 1993 Board meeting Lloyd L. Chambers 145 Cherokee Way Portola Valley, CA 94028 phone/fax: (415) 851-9771 MidPeninsula Regional Open Space District Old Mill Office Center, Suite C-135 201 San Antonio Circle Mountain View, CA 94040 Dear MROSD: After reading recent newspaper articles regarding proposed new rules for cyclists on MRSOD trails, I felt compelled to speak out. I live in Portola Valley and frequently use the nearby Windy Hill Open Space Preserve. Though I occasionally hike there, I usually ride the Spring Ridge Trail (fire road) on my mountain bike. This is a very heavily used trail. Though numerous hikers use it, far larger numbers of cyclists enjoy this particular trail (probably because it's the only one available in that area). After learning that MROSD is considering closing certain trails, I am extremely concerned that this trail may be considered for closure to cyclists. Since it is the only trail in the immediate area open to cyclists, and a major off-road conduit to Skyline Blvd, closing it would severely curtail the ability of cyclists to enjoy any open space in this part of the district. Considering that the several other trails nearby are all closed to cyclists, such action would be unfair. I am extremely disappointed to hear of this policy change,because I'd very much like to be able to ride the other trails in the area currently closed to cyclists. I also object to the arbitrary 15 mph speed limit imposed on all district trails. It is too fast in some places and too slow in others. It ignores trail conditions and how they impact speed (such as steepness). It doesn't take into account whether there is good or poor visibility, whether there are other users on the trail or not, or the skill level of the cyclist. I think most cyclists will not respect this rule, because it is too arbitrary. It's a rule made by people who do not understand or enjoy cycling. page 1 The district apparently expects that such a hard limit will somehow produce a safer, more enjoyable experience for all trail users. I contend it will accomplish nothing in this regard. Instead, it will serve as a tool to antagonize cyclists and as a convenient way to label them as "law-breakers". Of course, it will be abused as a source of revenue, a tax on cyclists who speed, even when there are no other users on the trail. Although I alway wear my helmet when riding anywhere, I think the helmet rule is an unnecessary rule the district has little need for making. If the district is to be consistent, it should also require equestrians to wear a helmet, and impose the same sanction. These are all specific issues that I feel stem from a larger, more substantial trend that is taking place. Until now, the district has been a focused organization whose goal was to acquire lands and form a greenbelt for public enjoyment. Now that a substantial greenbelt has been formed, the district's primary activity is changing from acquisition to management, and in the process, it is in danger of becoming yet another bureaucracy insensitive to the needs of some of its constituents. The "Land Acquisition Policies And Procedures" handbook states that: "The purpose of the District is to acquire and preserve foothill and bayland open space adjacent to urbanized areas of the midpeninsula for the use and enjoyment of the public." The district's primary source of revenue are property tax dollars. Thus, the district is financed by the public and its goal (among others) is to make the lands it acquires available for the public use and enjoyment. The "public", as I understand it, are all users and potential users of district lands. What concerns me greatly is that the district seems to have confused the term "public", with "members of the public who are not cyclists". I would like to state that cyclists are not only substantial in number, but on many trails are a clear majority of the "public". Therefore, I feel that all district actions must not only consider, but must emphasize the needs of cyclists in some cases. Failure to place some emphasis on the needs of cyclists demonstrates a disregard for a district mandate. I sense a feeling among some people that cyclists have no right on trails anywhere and that their way of enjoying public lands is somehow inferior or less Page 2 i worthy of consideration. This is an assumption that should be understood and exposed for its bigotry. I think it should be obvious that the number of cyclists using district trails is increasing. At the same time, the district is proposing to limit trail access. This can only result in increased number of"incidents" between hikers and other trail users. The district instead should be actively considering ways that access to cyclists can be enhanced, doing so in a way that reduces conflicts. This problem is a challenging one. The district should not take an unimaginative and punitive approach to this problem as it will only exacerbate things. The district should actively consider alternatives that increase public enjoyment: • Adopt a written policy that states that hikers, equestrians and cyclists all have a right to enjoy the trails. The policy could state that cyclists in particular must respect the rights of other trail users by moderating their speed where appropriate. The policy should also state the hikers have no right to expect exclusive use of the trail. • Creation of new trails where possible. In general, single-track trails have very little visual impact so that they could hardly be considered as violating the district's desire not to "develop" lands. The Windy Hill preserve in particular could have a second, hiker-only trail paralleling the fire road. Such a trail would eliminate any conflicts there, and would have minimal visual impact considering the current truck-size gash running up Windy Hill. Cycling groups might well contribute money and personnel to developing new trails. This could only result in goodwill and a sense of shared purpose which will ultimately benefit all users. • Consider naming some trails "cyclist preferred" or "hiker preferred" on certain days of the week. Posts signs explaining that that type of user has preferred access to the trail on those days. • Consider posting a simple hand-gesture sign for hikers and cyclists to use to indicate to each other simple ideas, like "please slow down for me" or "I see you and will slow down". Perhaps these could replace the other hand- gesture no one likes to receive. Page 3 • Consider allowing uphill-only access to cyclists on certain trails. An uphill-only trail would allow cyclists access with no disturbance to other trail users. A 5 mph speed limit (gasp) could be imposed on cyclists who for whatever reason, were compelled to return downhill without going all the way up. Consider also that a particular section could be designated as required walking for cyclists. • Consider enlisting cyclist groups as patrol groups to watch for inappropriate behavior on the trails. Cyclists would have considerably more credibility with other cyclists. These are ideas I came up with in a few minutes. I should think the district would have a number of additional ideas, since that's the district's job. I am not saying all these ideas will work. But I bet some of them will. Let's work together to make sure everyone can enjoy the public lands. Sincerely, Lloyd L. Chambers pap 4 Daniel Santiago Hlegria M.D. Mary Page Hufty M.D. 257 Mapache Or Portola Ualley, Ca 94028 July 5, 1993 Honorable Dominic Cortese Member, State Assembly Room 6031, State Capitol Sacramento,Ca 94248 Dear Assemblyman Cortese: I understand that the state is seriously considering a property tax shift from local agencies which will have a terrible impact on the Midpeninsula Regional Open Space District. This is a voter mandated program which has successfully protected over 35,000 acres of magnificent California nature close to heavily populated urban areas along the Peninsula. The Open Space District has been able to make this land available to the public 365 days a year for recreation and provide enriching programs that enhance the physical and mental health of your constituents. People need the space on which to walk and bike, to defuse tensions in a peaceful way, and to get in touch with values. Open land is now our area's most precious resource and it is suicide not to promote successful open space preservation programs at this critical time. Without the AB 8 funds the District would have to freeze all new acquisitions. Reduced maintenance and closure of open spaces would reduce public access and seriously compromise fire and emergency response in the ro Santa Cruz Mountain area. Of the $10 million of projected p p ert y tag revenue about $5.9 million is already pledged to debt service for state law authorized land acquisition. The District has always operated with an extremely cost effective and tight operating budget, emphasizing precious land acquisition. There is no room for additional budget reductions. This week we had the good fortune to be able to spend two of the most beautiful and happiest evenings of our lives at the Monte Bello Open Space. The panorama at the top of Black Mountain looks at the entire peninsula east across to Mount Diablo and north to Mount Tamalpias. But, to walk south down the Canyon Trail of the Stevens Creek Headwaters, to see the thousands of acres of protected and unspoiled land spread out before I Daniel Santiago Ale ria M.D. 9 Mary Page Hufty M.D. 257 Mapache Or Portola Ualley, Ca 94828 you, protecting and purifying our air and water is an even more uplifting and hopeful experience. My undying gratitude goes out to the thoughtful legislation that has made this possible. Please reject any budget proposal that does not exempt the Midpeninsula Open Space District from the loss of AB 8 funds, or provide for complete replacement of any loss of revenue. Sincerely, Mary Page Hufty, M. D. Daniel S. Alegria, M. D. i i Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-93-99 Meeting 93-19 September 22, 1993 AGENDA ITEM Response to 1992-1993 Santa Clara County Grand Jury Final Report/,—.` ACTING GENERAL MANAGER'S RECOMMENDATION 4- Approve the attached draft response to the recommendations contained in the 1992-1993 Santa Clara County Grand Jury Final Report and authorize the President of the Board to sign the letter on behalf of the District DISCUSSION You received the Grand Jury's report at your July 14, 1993 meeting and directed staff to prepare a draft response for your consideration. The attached draft was reviewed by President Crowder and District legal counsel. The 1993-1994 budget adjustments that you adopted at your August 25 meeting (see reports R-93-95 and R-93-96) addressed funding for specific items in the Grand Jury's report. The funding included: Loma Almaden Road Repair $40,000 Mt. Umunhum Building Study $20,000 Public Opinion Surveys $25.000 TOTAL 85 000 Prepared by: L. Craig Britton, Acting General Manager Malcolm Smith, Public Affairs Manager Randy Anderson, Planning Manager John Escobar, Operations Manager Jean Fiddes, Administrative Services Manager Contact person: L. Craig Britton, Acting General Manager Open Space . . . for room to breathe 20th Anniversary 1972-1992 330 Distel Circle • Los Altos, California 94022-1404 Phone: 415-691-1200 • FAX:415-691-0485 40 General Manager:Herbert Grench Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit I Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT September 22, 1993 Honorable Robert M. Foley, Presiding Judge Santa Clara County Grand Jury Superior Court Building 191 North First Street San Jose, CA 95113 RE: 1992-1993 Grand Jury Report - Midpeninsula Regional Open Space District Dear Judge Foley: The Board of Directors of the Midpeninsula Regional Open Space District has reviewed and considered the Grand Jury's June 23, 1993 report on the practices of the District. On behalf of the Board, I'd like to thank the Grand Jury for its insights and observations into the complex issues involving some of the District's operations. This letter is the Board's official response to the recommendations included in the report. 1) Recommendation 1: Public Affairs The District has, particularly in the last year, made a stronger effort to involve the public in its decision-making processes. Recognizing the need for a major increase in the level of community relations, the District created a new position and hired a Public Affairs Manager in June, 1992. Summarized in Attachment A are a number of relevant activities from the District's public affairs plan adopted on January 27, 1993. Many of the activities have already been implemented, illustrating the District's active interest in promoting public involvement. The following new items will be added to the Public Affairs Plan and implemented as part of the ongoing activities: District staff will augment and update its list of community organizations to be contacted for discussions on open space acquisition and public use issues; The Board and management will increase meetings with various coalitions and community groups to provide the maximum opportunity for public comment; - The District will provide for a greater number of public workshops on land use issues, such as resource management, in order to gain additional insight from its constituents. 2) Recommendation 2• Protective Maintenance of Mt Umunhum Facilities Attachment B outlines the recommended planning process to be undertaken regarding Recommendation 2. The following is a summary of the proposed process: Open Space . . . for room to breathe 20th Anniversary - 1972-1992 330 Distel Circle • Los Altos, California 94022-1404 Phone: 415-691-1200 - FAX:415-691-0485 OD General Manager:Herbert Grench Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette I ianko,Betsy Crowder,Wim de Wit September 22, 1993 Honorable Robert M. Foley Page -2- The Board will be directing staff to: Gather all available background information on the configuration and condition of the buildings, details of seismic concerns, interest in use by other parties such as San Jose State University, the cost of sewer, water and other utilities, and details from the Santa Clara County studies which concluded that the site was unsuitable for an honor farm facility; Survey the buildings at the site, and prepare a preliminary study of conditions, potential rehabilitation costs and possible compatible uses; Present this preliminary information to the District's Board of Directors, who will then publicly consider a decision on the appropriateness of retaining any or all of the site's structures and, if necessary, recommend the need for additional studies or other information in order to make a final decision on the disposition of facilities. Because of the potential costs of repair, refurbishment and even minimal maintenance, bringing the facilities up to a useable standard may be prohibitively expensive for the District. Also, since this property was purchased for open space and low intensity recreational purposes, buildings would only be considered for retention relative to compatible uses. Nonetheless, the District will undertake the study noted above to provide a context for the District, and others, to formulate and evaluate proposals for possible uses. Funding in the amount of$20,000 has been added to the 1993-1994 budget for this study. In addition to the resources expended to prepare this study, District staff will be spending many hours for study and site inspection in an already tight schedule. There may also be future funding required for consultant work after the preliminary study is complete. As mentioned above, the Mt. Umunhum site was purchased by the District for open space purposes, consistent with the District's basic policies and philosophy of low-intensity recreational use by the public. District field staff are already maintaining two housing facilities for a caretaker and a resident ranger, did make some repairs to buildings after the 1989 earthquake, and continue to maintain fire breaks on the perimeter of the structures. 3) Recommendation 3: Mt. Umunhum Road Maintenance The District has monitored the condition of Mt. Umunhum Road since the purchase of the former air base in 1986 and currently performs routine road maintenance on an ongoing basis. At this time, maintenance consists of patching potholes, cutting back encroaching vegetation and keeping drainage structures, such as culverts and ditches, clear of debris. Cracks in the asphalt surface have also been periodically cleaned and sealed. In 1991, a consultant hired by the District recommended that the asphalt road surface should be resealed to prolong its life. The project was initially funded in the 1992- 1993 budget, but was subsequently removed from the budget in anticipation of a reduction in revenue as a result of the state budget crisis. On August 25, the project was reinstated in the 1993-1994 budget in the amount of$40,000 as a part of the District budget adjustment process following enactment of the state budget and in direct response to this grand jury recommendation. i September 22, 1993 Honorable Robert M. Foley Page -3- An integral part of developing a plan to maintain the road is negotiating a maintenance agreement among the parties using the road. To date, informal attempts to share road repair costs with neighboring property owners have not been successful. The District will continue to make a concerted effort to identify and contact all those property owners who apparently have a legal right to use the road and are therefore legally responsible for its upkeep. We hope to negotiate an agreement to provide for ongoing maintenance. It should be understood that negotiating a road agreement will be extremely difficult. A very small percentage of the parties claiming rights to the road have ever contributed to maintenance costs. The air force built the road in the late 1950's and shouldered the entire responsibility for maintenance until 1986 when the site was sold to the District. Although every effort will be made to develop a road agreement by the end of October, 1993, it is unlikely that any major maintenance projects will occur before the spring of 1994, due to winter weather conditions. If the Board determines that public vehicular access to the site is desirable, the appropriate refurbishment and maintenance of the road will be considered more seriously. In the meantime, the District will continue to budget for minimum maintenance of the road in order to ensure that a safe and useable roadway will be available in the future. We do not feel, however, that the District should assume the entire cost, and in the absence of a maintenance agreement with the neighboring property owners, only the necessary minimal maintenance will be accomplished at District expense. 4) Recommendation 4• Toxic Cleanup of the Former Almaden Air Force Station Attachment C outlines a chronology of contacts made by the District to encourage and monitor the progress of the Corps of Engineers toxic waste clean-up project. Despite significant efforts, this project appears to remain a low priority for the federal government, especially in light of the significant base closures now taking place. The District will continue to meet with the appropriate elected officials, at both the local and federal level, to urge that the cleanup take place in a timely manner. Attachment D contains a list of elected officials whose jurisdictions include the Mount Umunhum area and/or its environs. The District will actively encourage these officials to support the District's efforts and offer office or field presentations and land tours to stimulate interest and demonstrate the advantages of completing the cleanup. Most recently, District officials met with Congressman Norman Mineta on May 8, 1993 to discuss this issue in detail and were assured that he would assist in encouraging the Corps of Engineers to proceed with the cleanup as soon as possible. Attachment E is a one-page summary of the material presented to Congressman Mineta at that meeting. r i I September 22, 1993 Honorable Robert M. Foley Page -4- Response to the Grand Jury LQgrt's _&Wndix A In the report's Appendix A, the Grand Jury presents their analysis of which District expenditures areacquisition-related or use-related. The District respectfully disagrees with this analysis and suggests that following information is a more accurate representation of expenditure allocation. An acquisition-related expense is one which is directed solely toward the acquisition of land, or the retirement of debt incurred for previous purchases. The Grand Jury estimated that, aside from the Acquisition and Debt Service categories, each program in the District's budget is equally divided between the two aspects. The District believes that there is no basis for this assumption. We feel that the following chart and explanation more accurately reflect the District's expenditure allocations between acquisition and public access and use. Table 1 1993-1994 Expenditure Allocation Between Public Access/Use and Acquisition Acquisition Public Access/Use Prog, $M Related Related, Acquisition 7.4 7.40 (100%) 0.00 Debt service 5.9 5.90 (100%) 0.00 Planning 1.2 0.12 (10%) 1.08 (90%) Operations 2.1 0.00 2.10 (100%) Public Affairs 0.3 0.03 (10%) 0.27 (90%) Administration 0.7 0.07 (10%) 4M (90%) Totals $17.6 $13.52 $4.08 100% 77% 23% (source: 1993-1994 District budget, report R-93-07, 3/23/93) As concluded from the above chart, the District actually will spend approximately 23:pg n of its 1993-1994 budget on public access and use related activities, almost twice the 12-percent estimate of the Grand Jury. The Grand Jury's report inaccurately estimates that 50-percent of the operations budget is used on acquisition related items; it is the logical conclusion that 100-percent of operations is related to public access and use, including stewardship, patrol of lands, maintenance and construction projects, public safety and education, etc. Virtually no activities undertaken by the operations staff are directly related to acquisition. I Planning staff spends most of its time on Use and Management planning and implementation of improvements and maintenance for the District's existing preserves. Most of Public Affairs' work is directed at educating and informing the public about the District and its facilities, and the administrative program expends its resources towards the administration of ongoing District activities. I September 22, 1993 Honorable Robert M. Foley , Page -5- Applying the same departmental percentages to the District's 1983-1984 budget, the District spent approximately 9-percent of its overall budget on public access and use related activities. With today's 23-percent level, the increasing importance placed on the public's use of District lands is obvious. Over the ten-year period, the District increased the percentage of funds to public access and use activities by more than 150-percent, at the same time that District debt service increased by 59-percent. During this period, the real dollar amount spent on public access and use increased by almost 400-percent (from $1.1 million to $4.8 million). Table 2 1983-1984 Expenditure Allocation Between Public Access/Use and Acquisition Acquisition Public Access/Use Proer n MM Relate Related Acquisition 7.7 7.70 (100%) 0.00 Debt service 3.7 3.70 (100%) 0.00 Planning 0.26 0.026 (10%) 0.234 (90%) Operations 0.50 0.00 0.50 (100%) Public Affairs 0.10 0,01 (10%) 0.09 (90%) Administratio 0.36 0.04 (10%) 0.32 M%) Totals $12.6 $11.5 $1.1 100% 91% 9% (source: 1983-1984 District budget, report R-83-37, 9n183) Over the last ten years, the District has continually increased the level of resources expended j towards public access and use, in keeping with the level of land acquisitions and the resulting increase in public usage. Finally, please note that the level of acquisition expenditures can and does vary greatly from year to year, depending on the timing of note issues, the availability of grants and the overall economic climate. This variability results in significant differences in the ratio of acquisition-to-public use spending for any given year. In fact, separating out the one-time grants and note issues, the 1993-1994 public use expenditures will amount to approximately 41-percent of the property tax revenue for this fiscal year. Excluding debt service, the actual expenditure allocation is as follows: Table 3 Acquisition Public Access/Use Related Related All program totals $10.05 $6.12 $4.08 (From Table 1) 100% 60.8% 40.6% i September 22, 1993 Honorable Robert M. Foley Page -6- Again, the Board of Directors would like to thank the Grand Jury for its hard work and detailed research into the District's activities, and for its recommendations. Please feel free to contact me, or L. Craig Britton, our Acting General Manager, if you would like any additional information or clarification. Sincerely, Betsy Crowder, President Board of Directors BC/mcs cc: Board of Directors Attachments: Attachment A - Public Affairs program activities Attachment B - Planning process Attachment C - Toxic cleanup correspondence chronology Attachment D - Legislative contacts Attachment E - Summary of material presented to Congressman Mineta i ATTACHMENT A - Response to Recommendation 1 Page 1 1992-93 Grand Jury Report Midpeninsula Regional Open Space District Activities already in the Public Affairs Plan and/or already implemented: - Town hall meetings will be scheduled as "meet the new general manager" events, and as an opportunity to open a general dialogue with the community as to what they, as our constituents, envision for the future District direction; Directors and management are already meeting with and making presentation to service clubs, homeowner groups, professional organizations and other civic and community groups in order to open and maintain channels of communication; these presentations are actively solicited by the public affairs department through personal contact, the District newsletter and calls to identified groups; The District is scheduling meetings with elected representatives from throughout the District to renew communication, inform them of District activities and give them the opportunity to provide suggestions on their constituents' desires; - The District has held and will continue to hold public workshops for Use and Management plans, resource management plans, revision of regulations, trail use guidelines, and other issues; - The District held two public workshops to gather community input on the desired characteristics of a new general manager, and further input will be solicited; - In the course of developing and updating the District's strategic plan, basic policies and public affairs plans, several public workshops have been held; - The District recently completed a public opinion poll to determine its constituents' desires and priorities, and has also done a visitor survey to determine use patterns and a visitor profile; in addition, follow up polls are planned for later this year, and next year; - An outreach effort aimed at schools within the District is now taking place; - The District maintains extensive mailing lists in order to notify our constituents of upcoming decisions in which they might want to participate; the mailing lists are segregated so that information can be sent to people interested in specific issues, or to the list as a whole; - The District has a formal good neighbor policy which calls for annual workshops of an open discussion nature, where the public can air concerns, issues and suggestions. 1 ATTACHMENT B - Response to Recommendation 2 Page 1 of 8 1992-93 Grand Jury Report Midpeninsula Regional Open Space District 1. Proposed planning process regarding protective maintenance of Mt. Umunhum site facilities Introduction The Grand Jury has recommended that the District undertake protective maintenance of the former Almaden Air Force Station facilities on Mt. Umunhum. Protective maintenance has not been undertaken because it would be very expensive in this remote location, because of the toxic and access constraints described in more detail below, and because preliminary examination of the condition of the improvements has raised significant questions as to whether use or preservation of these facilities would be financially feasible or environmentally compatible with the District's primary objective to preserve and restore natural open space for the benefit of the public and for low-intensity, recreation programs. In response to the Grand Jury's recommendations, the Board of Director's has committed to take the step of determining basic requirements and costs for preventive maintenance. This entails completing an inventory of the existing buildings, utilities, roads, and appurtenances by a knowledgeable consultant to determine their condition, and in estimates, the repairs or maintenance that would be required. Beyond this inventory and assessment, any significant additional expenditures or long-term decisions about maintenance should be based on plans for the ultimate use or demolition of the individual facilities. Hopefully, this information will provide the Board with a basis to make a decision about retention 0 g h'J r investigation of continued maintenance of the majority of structures on the site. The District's basic policies, and professional planning practice, dictate that a detailed background study and plan be prepared for the use and development of the open space lands surrounding the Mt. Umunhum site, and that interested individuals, agencies, and organizations participate in the preparation of the plan. This planning process has been envisioned since the property was acquired (see attached Exhibit from the Acquisition Report dated November 14, 1985, Exhibit 1), but has been delayed beyond expectations due to the slow pace of the toxic clean-up. This overall planning process is outlined to clarify the path that decisions about significant commitments to maintenance must take. This is not intended to imply a specific schedule or budget commitment for the process beyond this initial phase. Constraints for Planning and Implementation Two significant factors have constrained, and are likely to continue to constrain, the District from addressing the use of the Mt. Umunhum site facilities immediately and directly. These difficulties were addressed in more detail in the attached letter to Grand Jury Foreman Robert Gingery, dated March 9, 1993 (Exhibit 2). (Attachment B. continued) Page 2 of 8 1. Toxic Contamination. The most significant constraint is the District's inability to expedite the Army Corps of Engineer's investigation and clean-up of toxic contamination at the former Air Force Station. The attached chronology of correspondence on this issue (Attachment C) highlights the District's efforts and frustration over the last 10 years. There are five types of potential toxic hazards, according to preliminary assessments: 1) small portable containers (i.e.paint or solvent cans), 2)heating oil storage and distribution pipeline system, 3) underground gasoline storage tank(s), 4) electrical transformers with PCBs, and 5) asbestos materials used in building construction. The District understands that the Corps of Engineers will address all types of contamination except the asbestos. The Corps involvement in the asbestos removal continues to be a source of debate. Even if the clean-up was being undertaken diligently by the Corps of Engineers, it is apparent that it will be years before the site will declared safe for public access. 2. Clouded Public Access Situation. A number of the neighboring private property owners located along Mt. Umunhum (Loma Almaden)Road have challenged the public's right of access, taking the position that the Air Force's access rights were private and that the public has not gained rights either through prescriptive or deeded easements. There have been a number of incidents in which neighbors have confronted and accosted members of the public who were attempting to use the road. Although the District believes the public does have access rights, resolving this issue directly would probably require lengthy and expensive litigation. Given the delay caused by the toxics situation, the District has taken the alternative approach of gradually removing these objections through the acquisition of these private properties on a willing seller basis. To date, the District has acquired 10 of the 13 properties that encompass this access road. Overall Planning Goal The overall goal of the planning process is to provide a complete context for appropriate decisions about the use of the Mt. Umunhum site and the surrounding open space, which includes over 9,000 acres of land. Proposed Planning Process Phases and Objectives Phase I - Inventory and Evaluation of Existing Facilities • Assemble all available background information regarding the existing facilities, basic site conditions and constraints, and interests and concerns of adjacent property owners, public agencies, and organizations, including previous proposals for use of the facilities. • Inventory the existing buildings, roads, facilities, and utilities and assess their current condition and maintenance requirements, and costs of potential protective maintenance. • Initial decision regarding the retention (and continued maintenance) or demolition of structures on the site based upon condition of the structures and compatibility with District policies, goals and objectives. (Attachment B. continued) Page 3 of 8 • The initial decision may include the identification of structures that should be demolished in the near term because of their poor condition or basic unadaptability or incompatibility to the District's objectives. Lase H - Preserve Planning Background • Inventory the overall conditions and resources of the surrounding preserve area, including ownership, access, and jurisdictions. • Provide the baseline information for environmental assessment or documentation. Phase III - Formulate Development, Use and Management Program • Provide useful information to, and solicit input from, the public, potential user groups, local agencies and organizations regarding the overall use and management of the preserve and the Mt. Umunhum site facilities. • Develop policies for use and management of the lands and facilities, including public participation to understand and comment on the issues and alternatives. • Provide parameters for the preparation of proposals by others for use of the buildings as they h I and a process and criteria for evaluating those � initial decision made in Phase relate to the teal P g proposals. Phase IV - Document, Review and Adopt Area Plan and Master Plan • Document a medium-term plan for development, use, and management of the Mt Umunhum area of the Sierra Azul Preserve. The Mt. Umunhum planning area is defined as all the land on the north side of the Sierra Azul ridge, from Reynolds Road on the west, to the Herbert Creek drainage on the east (see attached map, Exhibit 3). • Document a long-term master plan for the Mt. Umunhum site incorporating evaluation and integration of outside use proposals as appropriate, and making final determination as to the use or demolition of the buildings and facilities. • Conduct a public review and adoption process to ensure that all public comments are considered in making the final determination. Schedule and Further Commitments Phase I of this proposed planning process, Inventory and Evaluation of Existing Facilities, is estimated to require approximately six months to complete from the date of Board approval of this report. This work can be completed relatively quickly because it will be completed by consultants using the $20,000 budget recently approved by the Board. (This assumes that the $20,000 budget will prove adequate for the task, which cannot be confirmed until proposals are received). Completion of this task will provide a better basis for determining what preventive maintenance would be necessary on the Mt. Umunhum facilities, and whether it is justified. (Attachment B. continued) Page 4 of 8 It will also provide more useful information for other agencies and organizations that may have use proposals. Following the completion of Phase I, the Board will consider whether to authorize expenditures for maintenance or further technical studies, if necessary or demolition of selected improvements. The Board may also determine whether to initiate the rest of the planning process, in spite of the toxic and access constraints, in order to provide a basis for a more specific determination of facilities will be maintained for future use potential. Substantial staff time and consultant assistance would be required to complete the overall planning process, which in the near term would interfere with other projects already underway. With adequate funds and staff, and without other constraints, the remaining process would take approximately 18 to 24 months to complete. I I (Attachment B. continued) E X I IT 13[T I Nnveiiiber 1.4 , 198)5 Page 5 of 8 to Attachment B J"oj. ;in os- rstyill Eur Miii;tden Air Force Station s u 1,z, I?c-4 11 O�)en Space District to proceed N%Titli the 0' L110 ioIIiler Air. Force Station from the Fed-:----- a-' Governiiu,iit 2 . Sar. pose St-ate Lhilversi-Ly School of Business to commence or con':--nu.e, upon ac( I lui-Sit-j-011 h--, the District , a feasibility utilizing soim! or 11- (-).f` t-Ile existing buildings and ti(25 for -I �Alrl r�07lj a C: _liar facility. The study 1 as : cost of refurbishing W01-1 - odr, the buil.d-i-liqS aTVI f; the need or proposed the long-term costs of arl(I IIIFli-lIteII(-lII('e ()f t:llr' facilities , including road MO �l projected balance sheet of income V- =_ uses , all,-! esl%-im Lei, ()f '.evel of use. A written study doc-,e.it :.could hr. cOMIA Qt('(1 W-i-Hli.n six months of Distric* t' OjF tllC SILO ;ln't 111T1E?o available to the District- 3. Dis, tri(:L to Provide for all in[-eriin caretaker of the site to discozira(je trespaU;.,;iAly Z110 I,-;ITI(IaI.ism during the initial six Cal-(-'I ,'- iii(j responsibilities would be rer'-,;a' uat:f,d Ille Sall State University School of 13iis -*-!F,; <;f-u(ly to I )— ttct:ual level of. stewardship aii(I the fo liitidle the on-site respon-. s i I i t-y 4 . D i s t r i c L to contillence , upon Completion of the University study, witl a plallilinq !;Lll(IY t--o no more than 18 months to com- on any and all proposed or ion;ll or educational -uses or com- inercia I t)f I-he existing buildings and - ((� -oj - , alit - fac-*--Iit-i(-,s . A %-iv-i t.Lell. !7,Lvidy Oociimojit would be made available to 1--he UniversiLy upon colliplet-ion- 5 . The District ' s sLjl(Iy would evilillate the University analysis in r(A."t-i-011 *to the v1sual. or (-,tlinr impacts on open space values an(I otlioi: pi-()p(-)F;(-J of the site relative to the Dis'U.ric-L' s Da ,;ic Vol.i.cy ali(l the District ' s site specific stud 6 . The final- decision (s) regar-ding public use of the site and diF7-Dositioji of LI)e exIst--inq I)iiil.(Iings and facilities -v.,ould he hy they --(-,L 11o, -id ()F Directors at a public hearing ( '(I I)y the District and San Jose St-E! Le lhiivers.i.Ly and t:ll(,, ts, ;[- ; mony presented at the public peering (s) 7 . Until a final deci -.ioil i.s Inrlclf7 , the District would not demolisl-) or to clirjiiqe i.iie ()f the improvements or faciliti ill alry way 'o T i ) lecareaer facilities I h—Oth and safety c-:ithout written tjl) i-vOI--Sit-I School of Business. Lo Attachment B Attachment B. continued) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Page 6 of 8 March 9, 1993 - Mr. Robert Gingery, Foreman - Santa Clara County Grand Jury Superior Court Building 191 North First Street San Jose, CA 95113 Re: Sierra Azul Open Space Preserve - Mt. Unrtrnhum Area - Grand Jury Report of 1991 Dear Mr. Gingery: , This letter is an update of the District's actions and expectations as reflected in the letter to'. the Honorable Daniel Creed, Presiding Judge, dated July 25, 1991. Attached are more detailed internal memos on the issues discussed below. The presence of toxic materials at the former Almaden Air Force Station requires that the District continue to exclude the putrlic. funding Imavailability by the Federal Government has caused lengthy delays in the clean-ill) progress ('ongressman Mineta's office has been supportive, but competition for limited federal funds has been intense. As of February 1992 the District believed clean-up would be completed within two years because the project had finally been funded. Unlurtunately these funds were diverted to other sites deemed more urgent. The District wrote to the Army Corps of 1?ngineers`asking for further details on the, cwrrent funding situation, and requesting that such funding be restored. The District expects it will take at least a year to restore funding, bill no details are currently available. The District located a law firm willing investigate the public's rights of access on Mount Umunhum Road leading to the firmer Air Force Station. The firm also agreed to protect those rights by litigation if necessary, all on a pro bona basis. The law firm, unfortunately, apparently oveicomntittcd itself ,utd has withdrawn from further involvement. A small consolation in the clean-up delay is that it per►nits the District more time to explore methods of securing lnrblic access that avoid litigation and encourage public support rather than apprehension. However, the intransigent position of some of the District neighbors suggests that eventually legal action will be necessary. Tlie litigation/condemnation approach, however, is one that the District prefers to avoid. The State budget crisis and it's effect on District funding contributes to the District's desire to avoid a costly legal undertaking. Litigation is both directly expensive and inchrectly costly because of the public conflict created. The District's primary approach to seeming access has been acquisition of property on an "opportunity" basis front willing sellers. O pen Space . . . for roam to breathe 201h Anniversary 1972-1992 1 ► y :330 Lisle( Circle Los Af( )s, California 1),1022-140,1 Phono: 415-691-1200 • FAX: 415-691-0485 e GeneralAlanal;ev 11,dw t(Item Ii {t,r.vJ o I)i-,ru.r,w"w,...vra,P"I., Ttlr Mild+i��, I��n,�I tr•m.ha�r,Ginny Rabb itI,None Ite I fanko,BeIcv Cro%cder, Vint de Mt (Attachment B. conting, Page 2 Page 7 of 8 The District has acquired one additional parcel of land located along Mt. Umunhum Road, but because of the State budget crisis, new acquisition funds District wide have been frozen. In collillioll with all public agencies, the District is now exploring funding alternatives while reassessing funding prioritics by considering costs in light of anticipated benefits. In this instance the aced to keel) the I'Miner Air Force Station closed reduces the public benefits that might be realized if the District wcic lo secure ininiediatc public access by expenditure of substantial funds. Until clean-up is complete, consuniniating additional acquisitions (when funding becomes available) provides a he(ter long term benefit. This avoids future public- private conflicts and contributes to the long terra goal of acquiring a contiguous recreational green belt in the Sierra Aztil area. Once the toxic c1caii-tip has been conipIcted, and the contiguous lands acquired, the District will be able to embark on concentrated planning efforts to provide proper facilities for safe public access to the area. It is currently anticipated that it will be at least 5 years until this area is completely opened for unrestricted piihlic use, and enjoyment. If litigation is necessary to perfect public. lights on NIL Unuinhuni road, the time could be extended several years. I feel it is important to clarify the District philosophy of land acquisition goals in this area. Properties have bcen acquired on a "willing-seller" basis and as such the District's land ownership patIciii is a "patchwork", until the final key pieces of land are acquired. As such, the area does not represent a conipleted greciihelt capable of unrestricted access to the general public. However, the public is able to en.'()y the scenic backdrop this wilderness provides and I-ii--nitc('I access where contiguous parcels of land provide an attractive recreational experience. In line with this philosophy, solving the public access problem to the Air Force base by acquisition is the inost cost effective way to resolve this problem. Spending tax revenue on land acquisition rather than litigation is also more politically .defendable. The issue of the toxic clean-up is a completely different problem and the District seems to have very little control over the federal funding process. Would-it be possible for the Grand Jury 10 help the I)iStriCt ill it's efforts to expedite the clean-up? A letter to the Corps of Engineers with a copy to C'ongressinan Mineta's office would be welcome. If there are any questions or clarification is needed, please contact Craig Britton, Assistant General Manager for the District at (415) 691-1200. Sincerely, Herbert Grench General Manager HG:LCB:snd ec: MROSD Board of Directors NS CRFFK m i.8 < 'Pr W G2 :{,Inl11,i CHEEK DANK_�2 CU" tH4„\ � ,,;�-•�..i..,,�; •tr ..I 'IZ '.PARK t^T, ,`, 1.3 y < ALLENDALE AY. RD 1.8 1.7 Ir-1 .Q Ui .7 10Y.WOP`fl _t1.5 18 Tc'9 Y'$ BRANHAM 8 ,`\L\�N. 2 w 1.6 < WEST POE U.:I < bg ;P 1 " 1� 9D. U ¢ 1 I I:6 C '7 \\' ' ■ 2.5 •'4 • \SHADY OAKS PK. w H 1.8 vfy, 90 6sd- ryD .6 1 y Cr. - �" - �' > �qq 1.4 ` rum b Saratoga COLCfOE I'j' O FN 9 a \ _ 4 B w. 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EL SOMBROBO-.-.•+�.•-.,.---• �r i•i,......,.._..�,..�, EL 2M (Ch p11I -- .. ... ` .:New Almaden t 'NEW ALd1ADEN o � �o EL Q0 � NAT'L 1lfST. _J I •'t t ': '.1,� �. �" r NDS e ' -� CALERO RESERVOIR z Ili 1 \q -.�.' DMARK, Q , 1 1\ `LANDMARK wv o. Hirllr BEAR `(•'.., �1, Aldercrolt Heights GATE ' L�`. {� \ +Pi O 00 EL B00 9 fvnrVA1E1 2.4 \'g EL.1600 Chemekela Park __ `.rHArfR. o :C^AIST JI , r1 i -COUNTYy //`,`PARK" DIRT I, El.J410 __ ' Redwood• o� 'Y(Q EL1000 OULCN ( - c - t(n1U111!71 L-- I:. ER L Q�" \ Ilc.c. Z' Ic•'4*,i.y,'ES t'.!Mr.CEL IWO BALD MIN. r, Qr� qC NDDK �Ifl1__ UNHUM l 4 / 0 EL IpY O, NTUCK Estates d, HOIy 'PO/T \1 qQJ .JAM �pE� EL 2JB7 \. 11.Il , FERN PK e o' �o 2.5 City EL AIR FORCEM ��`" �oS Twin Greeks-, pEL uto" loco yf/C ,A? t 2 " EL wo 47 y'r STATION SITE (o°� �`� CANYON AD. PATEN $qy o t s Ilirllill ,PLAN Lod �I '1.9 O'KALL BOUNDARY (PRIYAI E\ c LO EUZABETN G'y' 1.4 L _� Po y OAM WnEpMOEE rM4 EL 36W o, 011 rn it �. \ yQ p. 6 'L 1 00 ?'•. e,C ORR EEL j \ i OFF r ) fL 6/0 j LOCH LOMONO I Laurel f,p ,per 2.1 H/ IrT%llll/rll.c \ M1RD _ 0MT CHURL �' RECREATION �' j O p "-4T QO• Cy / j!rl'.c. 1,,t� aDl\\ EL]JDO AAEA. . 3.2, . °i£ 4 4q --- --.�.:FtP,_. ..:. 1.2 .�... 4.5 mo M/ RE OP�y*�'OPO 1.9 T k, .r.A _,,.....e `1 ,.\ _ -..e01 -LOLA� ELL i `v Glenwood. I I 9O �R +se n. E v:' �,,S EK , `4, (;Let, JQ 9O .1• \ ACHER fa'\O^4 J'C` AM`� O •LOmpICO {!� WD 0 .,G/ - I/ .' _\ FALLEN 7 ¢ EL Eoo 'J' - cLr.,,,, .4 /� u0• . 5 9 7 OAK OR. EXHIBIT 3 TO ATTACHMENT B MT. UMUNHUM PLANNING AREA MAP SCALE MILES __.,MILES ATTACHMENT C - Response to Recommendation 4 Page 1 of 4 1992-93 Grand Jury Report Midpeninsula Regional Open Space District Chronology of correspondence re. Almaden Air Force Station toxic cleanup The Midpeninsula Regional Open Space District (MROSD)has maintained correspondence with the federal government for over ten years regarding the cleanup of toxic contamination on this site. Inquiries and requests have primarily been directed at the U.S. Army Corps of Engineers (COE), which has jurisdiction and responsibility for such tonic cleanups. This summary shows the specific instances that MROSD has enlisted the aid of local representatives and other agencies to pressure for the completion of the toxic studies and clean-up, which has occurred at many intervals during this entire period. It is clear from the COE responses that the project has not proceeded according to any of the estimates that COE has reluctantly made, and that the schedule remains very much in doubt. The correspondence also indicates (see items 27 and 44) that the District is under legal constraint to prepare a full environmental impact report in conjunction with the planning of any use of the facilities as long as the toxic hazard remains. The preparation of such a report is an expensive and time consuming process that the District might otherwise not need to undertake. All persons listed in the chronology are MROSD staff, unless otherwise noted. 1. May 17, 1993 - Letter from L. Whitney, COE, to C. Britton. Container removal project and underground investigation work yrogrammed for FY 1994 - funds may not actually be made available. 2. February 25. 1993 - Letter from C. Britton to B. Peterson, COE Project Manager - concern about delays - responsibility to public - questions on funding, responsibility, remaining steps, timing. 3. August 26, 1992 - Returned executed copy of right-of-way entry form. 4. July 18. 1992 - Letter from M. Bain, COE to M. Mace requesting authorization of right-of-way entry forms. 5. February 19. 1992 - Letter from L. Whitney, COE, to D. Blackman. Eligibility Assessment approved. Detailed survey and report on hazards and toxics part of design phase- authorized February 18, 1992. 6. February 6, 1992 -Memo from D. Blackman to C. Britton on status of clean-up (represents research and contacts with COE). 7. February 5, 1992 - Copies of findings transmitted by L. Bergmooser, COE, to D. Blackman. 8. October 4, 1991 - Letter from W. Moore, San Jose Water Co., to L. Bergmooser, COE. Response to telecon - specific toxic site concerns. 9. September 9, 1991 - Letter from W. Moore, Consultant to SJWCo. to COE regarding progress on studies. I (Attachment C. continued) Page 2 of 4 10. April 19, 1991 - Letter from H. Grench to Mr. Stone, COE, concern about leaking transformers, concern over length of time, request for timeline and description of process. 11. S=mber 4, 1991 - Letter from M. Burak of SJSU to N. Hanko, President MROSD Board re. lack of progress on clean-up. 12. Smotember 12 1 1 - Memo from C. Britton to H. Grench re. letter from M. Burak of SJSU to , 99 District and reviewing problems and contacts with COE regarding progress. 13. November 14, 1990 - Memo from D. Blackman to C. Britton, status of clean-up project (reflects contacts with several COE staff members - aware of frustrations - trying to work out expedited program. 14. May 17, 1990 - Memo from D. Blackman to C. Britton - status of clean-up, next steps, optimistic and pessimistic estimates. 15. August 10. 1989 - Personal note: C. Britton to H. Grench re. call to Jeff Jansen at Norm Mineta's office - indicated that no action had been taken - issue now referred to Mike Wylie. 16. June 29. 1989 - Personal note to file: C. Britton talked to Jeff Jansen of Norm Mineta's office re. delay in clean up. Jansen to investigate and get back to C. Britton. 17. June 21. 1989 - Memo from W. Goggin to C. Britton reflecting research as to cleanup status (not yet funded). Includes note from C. Britton transmitting to H. Grench recommending applying political pressure. 18. June 7. 1989 - Letter from C. Ensan, COE, to J. Blaney, SSCo. Health Dept. - confirms completion of evaluation report and recommendation for demolition project - indicates funds may be available in FY 1990. 19. March 8, 1989 - Letter from C. Ensan, COE, to W. Goggin replying to letter of November 30, 1988 declined to expand toxic study to encompass dump site, (post-dated AFB use?) -Status of clean-up study - final engineering report complete by mid-April 1989, design phase possible during latter part of 1989. 20. November 1 Letter from W. Goggin to P. Townsend COE re. expansion of toxic study and clean up to encompass dump area. 21. November 9, 1988 - Memo from W. Goggin to C. Britton re. meeting with P. Townsend, COE and consultants conducting clean-up studies. Townsend indicated that clean-up expected to be completed Summer of 1989, will not address asbestos removal in buildings. 22. August 24. 1988 - Letter from C. Ensan, COE, to J. Blamey, S.C.Co. Health Dept. - Confirmation study for clean-up work delayed several months due to modifications in scope of work. r (Attachment C. continued) Page 3 of 4 23. August 10. 1988 - Memo from W. Goggin to C. Britton - Status of COE investigations - Consultants still working on scope. 24. December 30, 1987 - Letter from C. Ensan, COE, to J. Blamey, describing proposed project, agreeing to comply. 25. December 1, 1987 - Letter from J. Blarney, S.C.Co. Health Dept. to P. Townsend, COE, regarding guidelines for closure of hazardous materials storage areas, and transmitting permit application. 26. June 23, 1988 - Letter from R. Koplin, COE, to C. Britton re. status of clean-up project. Work plan currently being reviewed for investigation, consultant to begin work in August. 27. July 26. 1988 - Letter from L. Haysrath, Esq. to C. Britton and S. Norton re. Court of Appeals decision on Mc ueen vs. MROSD, - "acquisition of property with potential PCB's requires full environmental analysis prior to undertaking my activity on that property". 28. June 10, 1988 - Letter from C. Britton to P. Townsend, COE, re. status of investigations, request for firm completion date for at least investigative phase. cc: Norm Mineta 29. April 19. 1988 - Memo from W. Goggin to C. Britton on status study phase done by July 31, 1988 per telecon w/P. Townsend, COE. 30. January 12, 1988 - Letter from W. Goggin to P. Townsend, COE, re. status of project. 31. December 16, 1987 -Letter from D. Quismorio, COE, to W. Goggin, transmitting executed right- of-entry and hold harmless agreements for investigations. 32. November 4, 1987 - Letter from V. Taylor, COE, to W. Goggin, request for right-of-entry and hold harmless agreement. 33. April 15, 1987 - Letter from H. Grench to S. Sullivan, Congressman Mineta's office, transmitting information regarding toxic clean-up and encouraging help in expediting. 34. August 8, 1987 - Personal note from C. Britton to H. Grench indicating that Pres. Fullerton of SJSU had met with reps Mineta and Kanger in Washington D.C. and that they will help push toxic clean-up. 35. May 5, 1987 -Memo to file from W. Goggin re. meeting on site April 30, 1987 with P. Townsend and C. Orvis from COE to become acquainted with site. 36. February 17. 1987 - Letter from W. Goggin to S. Norton re. scope and timetable for clean-up activities. f (Attachment C. continued) Page 4 of 4 37. Jan r 28, 1987 - Letter from H. Everitt, COE, to W. Goggin confirming that draft inventory project report had been reviewed and that a confirmation study would be undertaken starting in May 1987, which probably would take 12 to 18 months to complete. 38. May 27, 1986 - Memo from M. Harsladen, COE, to P. Lammi, COE, summarizing tour of Almaden AFS to investigate potential contamination conducted Mary 17, 1986. Included maps and photos. 39. December 29, 1987 - Letter from G. Meddell, COE, to W. Goggin - draft site survey report forwarded to So. Pacific District office for review. 40. December 18, 1986 -Letter from W. Goggin to K. Westover, COE, summarizing meeting of Dec. 17. Drawings and info loaned to COE by MROSD. COE estimated design in early 1988 and clean-up by early 1989. 41. October 8, 1986 - Memo from W. Goggin to C. Britton summarizing meeting w/ K. Westover, COE, on Oct. 7. Site tour identified four categories of potential hazardous materials: 1) small portable containers, 2) fuel oil storage and distribution system, 3) underground gasoline storage tank, 4) electrical transformers w/ PCBs. Goggin encouraged immediate COE action. 42. July 7, 1986 - Letter from H. Everitt, COE, to C. Britton, acknowledging receipt of information, indicating planned site visit. 43. June 12,�1986 - Letter from C. Britton to COE Division Engineer, notifying of District purchase of property and requesting high priority for clean-up, including required site nomination information. 44. May 21, 1986 - Letter from R. Logan, Esq. (representing L. Mc Queen) to H. Grench re. preparation of environmental impact report in conjunction w/ acquisition and planning for Air Force Station property. 45. April 18, 1986 - Letter from C. Britton to P. Herbert, GSA Real Property Division, re. close of escrow and assumption that fed. govt. will complete toxic investigation and cleanup in a timely manner. 46. June 20. 1983 - Letter from R. King, Santa Clara co. Health Dept. to C. Britton, following up on site inspection, recommending that Air Force be required to remove and dispose of 52 transformers. 47. April 15. 1983 - Letter from W. Chandler, independent consultant, to H. Grench describing requirements for treatment of PCBs, and encouraging District to secure govt. responsibility. 48. April 8, 1983 - Letter from C. Britton to M. May, GSA, forwarding demolition bid for Air Force Station facilities and raising issue of treatment of PCB transformers. ATrACHMEENr D - Response to Recommendation 4 1992-93 Grand Jury Report Midpeninsula Regional Open Space District Political contacts for support of Mount Umunhum toxic clean-up (1) Supervisor Michael Honda (8) Senator Barbara Boxer 70 West Hedding St. 1700 Montgomery St. Number 240 San Jose, California 95110 San Francisco, California 94111 408 299 2323 415 403 0100 (2) Congressman Don Edwards (9) Joanne Benjamin, Mayor 1042 West Hedding No. 100 Town of Los Gatos San Jose, California 95126 110 E. Main Street Los Gatos, CA 95032 408 345 1711 408 354-6834 (3) Assemblyman Rusty Areias 365 Victor St., Ste. L (10) Karen Tucker, Mayor Salinas, California 93907-2944 City of Saratoga 13777 Fruitvale Avenue 408 422 4344 Saratoga, CA 95070 (4) Assemblyman Charles Quackenbush 408 867-3438 456 El Paseo de Saratoga San Jose, California 95130 (11) Dorothea Bamford, Mayor City of Monte Sereno 408 369-8170 18041 Saratoga-Los Gatos Road Monte Sereno, CA 95030 (5) Senator Henry Mello 92 5th St. 408 354-7635 Gilroy, California 95020 408 848 1437 (6) Congressman Norman Mineta 1245 South Winchester Blvd No. 310 San Jose, California 95128 408 984 6045 (7) Senator Dianne Feinstein 1700 Montgomery St. No. 305 San Francisco, California 94111 415 249 4777 ATTACHMENT E - Response to Recommendation 4 1992-93 Grand Jury Report Midpeninsula Regional Open Space District Summary of toxic cleanup issue presented to Congressman Mineta at 5/8/93 meeting. SUBJECT: Status of Toxics Clean-up of Former Almaden Air Force Station (Sierra Azul Open Space Preserve) (Corps Project Number J09CA099900). i The District purchased the former Almaden Air Force Station in 1986. The Department of the Army, Corps of Engineers (Corps)agreed to investigate possible contaminants and evaluate whether the site fell within the requirements for inclusion in the Environmental Restoration Account Program. If the requirements were met, then the United States Government agreed to undertake removal and clean-up of hazardous materials. A Draft Inventory Project Report(IPR)resulted in the recommendation of a Confirmation Study. The Confirmation Study was completed toward the end of 1989. Based upon that study and other information the Corps drafted a report to determine the eligibility of the project for government sponsored clean-up. The Corps routed the resulting draft to various divisions in San Francisco, Sacramento, Huntsville and Washington D.C. for comments and recommendations which was then rerouted for revisions or further information. As of December 2, 1991 the site was determined eligible for the Defense Environmental Restoration Program. At that time only the lack of funding impeded further progress. In February n n requested entry ' ri a project had been funded and est h informed the District that th 1992 the Co P J i'e9 Permits to begin the next phase of the project. The Permits authorized surveys, test borings, and other exploratory work necessary for the remedial design phase of the Defense Environmental Restoration Program. The District executed the entry permits and shortly thereafter all work stopped. The District learned funding for the remedial design was withdrawn and diverted to another project. No information and how funding might be received e funding, why it was diverted, was available on what project ece ved the g, yg g restored. 1 Santa Clara Count Grand Jury expressed concern over the time that has In F 93 the February 9 rnm'Y Y rY P passed without completion of clean-up. The District wrote the Corps requesting a status report. To P P P rP �l g � date the District has not received a reply. i RESOLUTION 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 ACTING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (RUSSIAN RIDGE OPEN SPACE PRESERVE - LANDS OF NORTON) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. This Resolution supersedes in its entirety that certain Resolution of the Board of Directors of the Midpeninsula Regional Open Space District, Number 92-62 as approved and adopted on December 9, 1992. Section Two. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between George H. Norton and Adele W. Norton, as Co-trustees, 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 Three. The President of the Board of Directors or other appropriate officer is authorized to execute a Certif icate of Acceptance on behalf of the District. Section Four. The Acting General Manager of the District shall cause to be given appropriate notice of ac ceptance tan ce to the seller. The Acting General Manager further is authorize d to exe cute ey and d all other documents in escrow necessary or appropriate to the closing of the transaction. Section Five. The Acting General Manager of the District is authorized to expend up to $10,000 to cover the cost of title insurance, escrow fees, survey, and other miscellaneous costs related to this transaction. I i n Open Space r ' MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-93-105 Meeting 93-19 September 22, 1993 A LEND A ITEM i I Proposed Addition `• ~`of the Norton Property perty to Russian Ridge Open Space Preserve ACTING GENERAL MANAGER'S RECOMMENDATIONS i 1. Adopt the attached resolution authorizing purchase of the Norton property, which supersedes Resolution 92-62 adopted on December 9, 1992. 2. Reaffirm your tentative adoption of the Preliminary Use and Management Plan recommendations contained in report R-92-130, including naming the property as an i addition to Russian Ridge Open Space Preserve. 3. Reaffirm your intention to dedicate the property as public open space. DISCUSSION At your meeting of December 9, 1992, you adopted Resolution 92-62 approving and accepting a Purchase Agreement for acquisition of a 32.34 acre portion of the 47.30 Norton property (see report R-92-130). That Purchase Agreement called for close of escrow on or before December 31, 1992. The Nortons requested a long-term extension of close of escrow in writing. The District willingly agreed, as the transaction, once approved by the Board, was binding and had the effect of a cost-free option for the District. The Nortons have now contacted the District, desiring to close escrow on September 30, 1993. However, because of the extended period of time, I suggested that a new Purchase Agreement be executed for Board approval so that there would be no question as to validity of the various legal.and recorded documents. Prepared by: L. Craig Britton, Acting General Manager Contact person: Same as above Open Space . . . for room to breathe 20th Anniversary 1972-1992 330 Distel Circle • Los Altos, California 94022-1404 Phone:415-691-1200 • FAX: 415-691-0485 General Manager:Herbert Grench Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit RESOLUTION 93- Page 2 Section Six. It is intended, reasonably expected and hereby authorized that the District's general fund will be reimbursed in the amount of$100 000 from the proceed s s of the next long term District note issue. This Section of this Resolution is adopted by the Board of Directors f o the Midpeninsula Regional n Space Distri establishing g Open p ct solely for purposes of b ishin comp liance ce with g p the requirements of Section 1.1 - eq 03 18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been, or reasonably are expected to be reserved or allocated on a long-term basis, or otherwise set aside to pay the costs of this open space land acquisition project which are to be paid or reimbursed out of proceeds of indebtedness to be issued by District. The Board of Directors hereby declares District's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. . JRCHASE AGREEMENT - BARGA-L., SALE This Agreement is made and entered into by and between GEORGE H. NORTON and ADELE W. NORTON, co-trustees of the Norton Family Trust, dated April 21, 1982 , as amended and restated June 25 , 1991, 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, as outlined on the "Map" , attached hereto as Exhibit "All and incorporated herein by this reference, 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 a portion of Seller ' s real property (parcel two on the Map) 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 said portion of Seller ' s property to District, at a price below fair market value, 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, a portion of Seller ' s real property (parcel two on the Map, excluding that portion of parcel two designated on the Map as the "Well Site") located within an unincorporated area of the County of San Mateo, State of California,' containing approximately Thirty Two and Thirty Four Hundredths (32 . 34) acres, more or less, and commonly referred to as a portion of San Mateo County Assessor' s Parcel No. 078-210-130 and -230; said portion of Seller ' s real property being further described in the legal description attached hereto as Exhibit "B" and incorporated herein by this reference. Said property portion 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. The portion of Seller ' s real property being acquired by District and appurtenances (parcel two on the Map) hereinafter called the "Subject Property" or the "Property. ", 1 - 1 Survey. Seller ' s real property is presently one larger parcel and Seller and District agree that one condition of the closing (as defined in Section 3 herein) shall comp is that District complete Prior to Closing the survey process, including as soon as practicable, after recording of the Grant Deed, the recordation of a Record of Survey with the County of San Mateo, to accomplish constructive notice of the Property division to create and separate the Subject Property (parcel two on the Map) and Seller 's remaining property (parcel one on the Map) . In accordance with California Government Code Section 66424 and 66428 (the Subdivision Map Act) , Public agencies are afforded certain exemptions; however, District understands that Seller desires a Certificate Of Compliance or other evidence that- Seller ' s remaining property is a legally subdivided parcel and District agrees to diligently pursue to completion the process necessary to provide this assurance from the County of San Mateo. The Certificate Of Compliance or other evidence that Seller ' s remaining property is a legally subdivided parcel shall he provided by the District, at District ' s cost. If said Certificate of Compliance, or such ' other satisfactory evidence in the sole determination of Seller, is not obtained within six (6) months following the Closing, Seller shall have the option to require a reconveyance of the Property and Seller shall return to District all consideration paid to Seller by District. 1 . 2 Conveyance of Easements to District. The remaining property of Seller contains a portion of the main driveway from Skyline Boulevard to the Subject Property and Seller is conveying an appurtenant ct for ingress and egress and public traileasement(subjectto toDi thestri conditions set forth in Section 10 hereinbelow) purposes over said portion of the main driveway as further described in the Legal Description (Exhibit B) . 1 . 3 Retention of Easements by Seller. The Subject Property being acquired by District shall be encumbered- by certain easements beingretained by Seller as appurtenances to the remaining property of Seller, and further described in the Legal Description (Exhibit B) as follows : 1 . 3 . 1 A non-exclusive easement for i egress to the Well Site and to maintain, operate, repairngress and secure and replace 'the existing water lines running to Seller ' s' remaining property from said Well Site. 1 . 3 . 2 A non-exclusive easement for ingress and egress and public utilities along the existing driveway from Skyline Boulevard to Seller 's remaining property. 1. 4 Convevance of Lease. As an appurtenance to the 2 Subject Property, Seller specifically agrees to relinquish, sell and convey to District, and District is specifically acquiring from Seller, all of Seller ' s rights and interest in and to that certain unrecorded "Rolfe Repeater Station" Lease Agreement, by and between George H. Norton and Adele Norton (landlord) and the County of San Mateo, a Political subdivision of the State of California (tenant) ; a copy of which Lease is attached hereto as Exhibit "C" and incorporated herein by this reference. San Mateo County, as tenant, currently pays to Seller $4 , 735 . 50 annually on November first of each year for the one-year period following. As Seller has already received the payment for the year period from November 1, 1992 up to and including October 31, 1993 , Seller shall pay to ' District the pro-rated rent from the Closing to October 31, 1993 outside of escrow, but within 10 days of the Closing. It is further understood and agreed that Seller shall notify, or cause to have notified, San Mateo County, as tenant, that the Subject Property and interests therein are being conveyed to District, and that District has assumed and succeeded to the Position of Seller as it relates to said Lease Agreement. 2 . Purchase Price. The total purchase price ("Purchase Price") for the Property shall be Four Hundred Thousand and No/100 Dollars ($400, 000 . 00) , which shall be payable in the following manner: (a) District shall pay the sum of one Hundred Thousand and N01100 Dollars ($100, 000 . 00) in cash at the Closing (as defined in section 3 hereof) . (b) The remaining balance of Three Hundred Thousand and No/100 Dollars ($300, 000 . 00) shall be evidenced by a secured Promissory "Note', in the form attached hereto as Exhibit I'D" and incorporated herein by this reference' which shall be paid in quarterly interest only payments at the rate of 5% per annum, tax free interest. Said payments shall accrue from the Closing and shall continue until December 31, 1996, at which time all remaining accrued interest, if any, and the entire principal balance shall be 'fully due and payable; provided, however, that in the event District is successful in obtaining the legally required voter approval of a district-wide supplemental funding measure prior to December 31 , 1994 , Seller shall have the right, at Seller ' s sole option, to demand acceleration of the full payment of the remaining principal and interest at any time after December 31, 1994 , upon giving District a minimum of 60 days written notice of Seller ' s demand for such acceleration. said . Note shall be secured by a First Deed of Trust against the Subject Property in the form attached hereto as Exhibit "Ell and incorporated herein by this reference. The Note, but not the Deed of Trust securing the Note, is and shall be junior and subordinate to the 111987 Promissory Notes Midpeninsula Regional Open Space District-Santa Clara and 'San Mateo Counties" , the "Midpeninsula Regional Open Space District Variable Rate Demand 3 Notes 1988 Series All , the 111990 Promissory ssory Notes-Midpeninsula Regional Open Space District-Santa Clara and San Mateo Counties, California" , and the "1992 Promissory Notes- Midpeninsula Regional Open- Space District (Santa Clara and San Mateo Counties, California) " and any and all subsequent Public Note issues of District. 3 . Escrow. Promptly upon execution of this Agreement, in accordance with Section 14 herein, an escrow shall be opened at First American Title Insurance Company, 555 Marshall Redwood City, Street, CA 94063 , 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 he on or before September 30, 1993 , 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) and the Deed of Trust 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 acts reasonably necessary or appropriate to consummate theall 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 the Closing. of (ii) A fully executed Promissory Note together 4 with an executed and acknowledged First Deed of Trust securing said Note as provided in Section 2 herein. (iii) District ' s check payable to Escrow Holder in the amount of one Hundred Thousand and No/100 Dollars ($100, 000 . 00) . (e) District shall pay for the escrow fees, the CLTA Owner 's Policy of Title Insurance and CLTA Lender ' s policy of Title Insurance, and all costs and expenses related to the Closing of the transaction; provided; however, that Seller shall pay all costs associated with the reconveyance of any existing Deed (s) of Trust. All current Property taxes on the Property shall be Pro-rated as of the Closing. (f) 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 Owner ' s Policy of Title Insurance and to Seller a CLTA Lender ' s policy of title insurance, dated as of the closing, insuring District in the amount of $400, 000 . 00 for the Property showing title to the Property vested in fee simple in District, subject only to: (i) current real property taxes, (ii) the Deed of Trust as provided herein, (iii) exceptions numbered 2 through 11 as listed in that certain Preliminary Title Report number 385544 as issued by First American Title Insurance Company on November 16, 1992 . Said preliminary title report is attached hereto as Exhibit "F11 and incorporated herein by this reference. In the * event Seller is unable to obtain prior to Closing a release of the deeds of trust (collectively "Deed of Trust") shown as exceptions 12 and 13 on said Preliminary title Report, District may elect either to (i) accept a conveyance of the Property subject to the Deed of Trust without any adjustment to the Purchase price or (ii) not accept a conveyance of the Property. If District elects not to accept a conveyance of the Property, Seller and District shall be relieved of all further obligations hereunder. If District elects to accept a conveyance of the Property subject to the Deed of Trust/ Seller shall indemnify District against any loss it may sustain in the result L o' a foreclosure of the Deed of Trust by the holder thereof. (9) Escrow Holder shall, when all required funds and instruments have been deposited into the escrow by the appro- priate parties and when all other conditions to Closing have been fulfilled, cause the Grant Deed and attendant Certificate of Acceptance and the Deed of Trust 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 CLTA Owner 's Policy of Title Insurance, and to Seller the CLTA Lender 's policy of Title Insurance and Escrow Holder ' s check for the cash payment stipulated in Section 2 herein (less Seller ' s portion of the expenses described in 5 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. with the exception of the Lease as described in Section 1 . 4 herein, 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' other than the Lease, or rental agreement of the Property being acquired by District, including, but not limited to, claims for relocation benefits and/or payments pursuant to California Government Code Section 7260 et sea. Seller understands and agrees that the provisions of this paragraph shall survive the close of escrow and recordation of any Grant Deed (s) . 6 . Seller ' s Representations and warranties. For the Purpose of consummating the sale and purchase of the Property in accordance herewith, Seller represents and warrants to District that as of the date this Agreement is fully executed and as of the date of Closing: 6 . 01 Authority. Seller has the full right, power and authority to enter intothis Agreement and to perform the transactions contemplated hereunder. 6 . 02 Valid and Bindincr 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 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 warrants that there exist no 6 recorded or unrecorded option rights or purchase rights to which Seller is a party. Escrow Holder ' s willingness to issue its standard CLTA Policy of Title Insurance as of the Closing, insuring title to the Property in District in the amount of the Purchase Price, subject only to the exceptions provided in Section 3 (f) herein shall constitute conclusive presumption of Seller ' s ability to convey title in condition acceptable to District. 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 non-naturally occurring physical changes on the Property. Such changes shall include but not be limited to grading, excavating or other earthmoving activities, cutting or removing trees, shrubs, brush or other vegetation, and damaging or demolition of improvements or structures on the Property. 8 . Hazardous substances. "Hazardous substance" as used herein means and includes Polychlorinated biphenyls (PCBs) , benzene, asbestos or any other non-naturally occurring substance the Placement, storage or removal of which is prohibited or regulated by federal, state or local law. (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 substance on the Property. (ii) Seller has no knowledge of the Presence the Property of any hazardous substance, whenever or howeveron 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 in violation of the law. 9 . Waiver of Statutory Compensation. Seller and District understand and agree that Seller may be entitled to receive the fair market value of the Property described in Exhibit "A" , as provided for by the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646) the Uniform Relocation Act Amendments of 1987 (Public Law 100-17) , Title IV of the Surface Transportation and uniform Relocation 7 Assistance Act of 1987 (101 Statutes, 246-256, and California Government Code Section 7267 , and following. Seller hereby waives any and all existing and/or future rights Seller may have to the fair market value of said Property, appraisals, etc. , as provided for by said Federal Law and any corresponding California Government Code Sections, and District agrees to provide Seller with an executed IRS Form 8283 as evidence of the Bargain sale price accepted from Seller thereunder. 10 . District Trail Planning and Construction. After the Closing and at the time District commences with any planning study for the location of public trail (s) on the Subject Property, District shall consult with Seller regarding the proposed location of said public trail (s) , taking into account Seller ' s comments with regard to District ' s need for the most direct, least costly and easiest to use trail in contrast with Seller ' s desire for privacy as such trail (s) may pass within close proximity of Seller ' s remaining property. The purpose for this consultation would be for the parties to attempt to agree upon the most reasonable public trail alignment (s) given the fact that the parties may have different and diverse needs and desires relative to such trail (s) . If, after consultation with and consideration of Seller ' s comments and desires, District proposes 'any changes in the planned location of such public trail (s) as a part of any construction project, District shall advise and consult with Seller regarding any such changes in trail location. However, it is understood by the parties hereto that one of the major reasons the Subject Property is being acquired by District is to locate a portion of the Bay Area Ridge Trail system which will ultimately connect to a multi-use, and Potentially heavily used regional trail system encircling the ridges of the entire Bay Area and that, after such consultation with Seller, District shall have the final discretion as to where such trail (s) shall be located. As a part of this acquisition, District agrees to exclude all wheeled vehicles other than District ' s vehicles and wheelchairs, including, but not limited to Mountain Bicycles, as a permitted use on the Subject Property so long as George and/or Adele Norton use the home on the remaining property as a residence (parcel one on the Map) . At such time as neither of them any longer occupies said residence, any and all trail use restrictions imposed upon District by this Agreement shall become of no further force and effect; provided, however, District shall not permit mountain bicycles on such public trail (s) across the Subject Property until District has conducted a fully noticed public hearing (including specifically notifying advocacy groups such as the Sierra Club, Committee for Green Foothills, and the like) on the matter; and following such hearing and consideration of public testimony, the District Board of Director ' s shall be free to make any such decision regarding trail uses and users as they see fit. Except as expressly provided in this paragraph, nothing herein shall be deemed to restrict the ability of the Board of Directors of District to act on this or any other matter 8 or to make a final decision based solely upon their own judgment. 11 . Gift of sculpture. District hereby acknowledges the generous gift of Seller of that certain landscape sculpture erected by Sam Richardson upon the Subject Property. Seller shall have the right in the future, upon obtaining District written approval, to place an unobtrusive directional sign and/or plaque recognizing said sculpture and the artist. By accepting the gift of this sculpture, District is not obligated to maintain said sculpture or the surrounding land area; provided, however that District agrees to work with Seller to develop a plan for Seller ' s maintenance of the sculpture and surrounding area. 12 . Annexation. Seller understands that portions of the Subject Property, and Possibly portions of Seller ' s remaining property lie outside District ' s formal boundary and further, Seller agrees to cooperate with District, including, the signing of any petitions or other documents necessary for District ' s application to the Local Agency Formation Commission (LAFCO) , and completion of the process of annexing all of Seller ' s real property into District boundary following the Closing. 13 . Miscellaneous Provisions. 13 . 01 Choice of Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties. 13 . 02 Attorneys ' Fees. If either party hereto incurs any expense, including reasonable attorneys , fees, in connection with any action or proceeding instituted by reason of any default or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover from the other party reasonable expenses and attorneys , fees in the amount determined by the Court, whether or not such action or proceeding goes to final judgment. In the event of a settlement or final judgment in which neither party is awarded all of the relief prayed for, the prevailing party as determined by the Court shall be entitled to recover from the other party reasonable expenses and attorneys ' fees. 13 . 03 , Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may: (i) extend the time for the performance of any of the obligations' of the 'other party; (ii) waive any inaccuracies in representations and warranties made by the other party contained in this Agreement or in any documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the covenants contained in this Agreement or the perfor- mance of any obligations of the other party; or (iv) waive the 9 fulfillment of any condition that is precedent to the performance by such party of any of its obligations under this Agreement. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. 13 . 04 Ricrhts 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. 13 . 05 Notices. Whenever any party hereto desires or is required to give any notice, demand, or request with respect to this Agreement (or any Exhibit hereto) , each such communication shall be in writing and shall be deemed to have been validly served, given or delivered at the time stated below if deposited in the United States mail, registered or certified and return receipt requested, with proper Postage prepaid., or if delivered by Federal Express or other private messenger, courier or other delivery service or sent by facsimile transmission by telex, telecopy, telegraph or cable or other similar electronic medium, addressed as indicated as follows: Seller: George H. Norton and Adele W. Norton, as Co- trustees Star Route 2 , Box 404 La Honda, CA 94020 (415) 851-1329 Copy To: Frank A. Small, Esq. 285 Hamilton Avenue, Fifth Floor Palo Alto, CA 94301-2588 (415) 328-7000 FAX (415) 329-8925 or 327-2501 District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: Herbert Grench, General Manager (415) 691-1200 FAX (415) 691-0485 Copy To: Stanley R. Norton, Esq. 407 Sherman Avenue Palo Alto, CA 94306 (415) 324-1366 FAX (415) 327-9151 10 If sent by facsimile, telegraph, cable, telecopy and electronic transmission, a conformed copy of such notice shall 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 indicated 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. Any party may change its address for such communications by giving notice thereof to the other parties in conformity with this Section. Nothing contained in this Section or otherwise in this Agreement shall excuse any party from giving oral telephonic notice when prompt notification is appropriate, but any oral telephonic notice which is so given shall not satisfy the requirement of written notice as specified in this Section. The foregoing provisions regarding the giving of notice by any party shall be applicable to all notices given hereunder or under any of the Exhibits hereto. 13 . 06 Severability. If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is binding upon the parties, the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement. The parties further agree to replace such void or unenforceable provisions which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforce- able provisions . 13 . 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 instru- ment. 13 . 08 Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condi- tion of this Agreement. 13 . 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. 13 . 10 Time of Essence. Time is of the essence of each 11 Provision of this Agreement in which time is an element. 13 - 11 Survival of Covenants. All covenants of District or Seller whichare expressly intended hereunder to he performed in whole or in part after the Closing, and all repre- sentations 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. 13 . 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. 13 - 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. 13 - 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. 13 . 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. 13 . 16 Broker' s Commission. District and Seller represent and acknowledge that no broker ' s commission or finder ' s fee is payable by either party with regard to this transaction. Each party agrees to and does hereby indemnify and hold the other harmless from and against any and all costs, liabilities, losses, damages, claims, causes of action or proceedings which may result from any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of the indemnifying party in connection with this transact'-ion. 13 - 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. 14 . Ac entance. Provided that this Agreement is signed by Seller and returned to District on or before 5 : 00 P.M. , August 271 1993 District shall have until midnight September 22 , 1993 to accept and execute this Agreement and during said period this 12 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. 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: %�V Geor H. Norton, Co-trustee Date: �_ ��, l�2 Stanley Norton, District Counsel —� ACCEPTED FOR RECOMMENDATION: Adele W. No ton, Co-trustee Date:_ q 2,3 L. Craig Britton, SR/WA Assistant General Manager APPROVED AND ACCEPTED: President, Board of Directors ATTEST: District Clerk Date: 13 J cJ ,�0,4.�(t �t�•il j l� b,(uxa,. L •/ f ', Gf.�r7 Vol air S bC.0 fl 19 �� CC:97 5 MIA 7G7S: ry r1.511. �� .S'S s 11 sf to f l/.s/ S rl., rf.1u 5 r�� y. ss.17 11 y5 , I(• '� W.67 J! SS ' Is _ - - - ._... ". .. .a+(afir:•ei6�Yis'>dyrySr�.,i:�!Wiirwu:rtriri4'b.1Cr�aq, P'�. ('�' ,Ll•ph ,� {••• 5.0 11 fr \ •�� v.,Jc 1J fr i 2 VI v.:n '.Sr 1, r ,n h. LC ,UI rJ µ r .1c 1: �, r 1u,:: 1 .ud.l.r.t,[ > .rr n 1 -._ -1•r el r•r r: •: ,ui si7 ,9/.IC.�s ,cU'onr' Iz TL3 hi vo[ Fl ro p[ 1l` -u(1.SE.r:E .nu'usur 61 1 BC!: ,. 1 .rE'ror. .ts.E.r.lz .rnJ'usr; sl GL( 'N'0 6/, S[afi",'•r: GC.till.rill O11'rl ri fit 1 v t r71. I:S74, .uu.ln.lr: .uu' sl r: r/'td:7 uu.SE.FE' uu'u:r,' rr h'itB.IJt/JIII U.J'IUJ NU SLZ '!I'U LlSZ .S n• r4 .1/*6 ' \ -CL'. ur r7'19 rr.fr..[ all ro-a-,C zr hV'JJJIIJlIl U.J7UJ &U UUS 'zI'U LSG tr. r: ;t .rr.•r9 .or.u:.r .rnro•,nr n 6u.c JJJ rr crl uaur.rr. uo'rlsE or u(1'/.m.' qE,SU.09 .0U iiSC (, h'UNJ3L'JNI U.J7UJ zJ'U (Fr it u q! 'JUu ur.l .fNl'(lisf Il •, yo , Uf t rf rat r1 h91JJJN.7JI1 U.J1UJ NU :1r .fl!'Sry ,UC,fI.!d: off 7 (r�arnn!'JUU rr j1 I! 111'119 Act.rl.he W'W! r.Sr.'S[, .Tv.lr,n9 .W'Us C 70,NE'.(J.9 .110 Y1:1 o+ All that certain real pro-oerty situate in the County of San Mateo State of Califonria ; - Ran 1 be_n a portion of , Range 3 West , Mount D, - Section 8 , To,ar_ship 7 South Diablo bag described s t e & Meridian, mor as follows : e particul arly s ar ly Parcel "a " ---------- BEGINNING at a 1 Calif Point in the centerline of orna _ the St survey State Highway Road of the • ., Y oa Section D" d IV, San Mateo County Route 55 , commonly known as Skyline Boulevard , said point of beginning being at Station 237=70 . 70 of said survey following along the centerline , thence of said highway, South 65" 01 , East 365 . 02 feet , more' or less to Station 24-135 . 72 al.ong the arc of a tans , Thence pent curve to she r; g B . C . ; angle of 30 45 ' 00 " , a radius of _oht, having a central 644 . 03 feet to Station "P„ 1200 . 00 feet and a length o` 24-7+79 . 75 P. C . C . ; thence along the arc of a curve to the right having a central angle of 37" 55 ' 00" , a radius of 500 . C)0 feet and a len th of 251+10 , 64 E . C . _ .,A., g 330 . 89 feet to Station "P" West 1031 . 1 251-:�90 . 00 P. O. T . ; thence South 3" 39 ' 00" 8 feet ; thence along the arc of a tangent curve to the left, having a central angle of feet and a length of 52� 31 ' 16" , a radius of 300 . 00 275 . 00 feet to the true point of beginning; thence from said true point of beginning arc of a curve to the left, having a centralnanglerofa7�n3a h�c a radius of 300 . 00 feet and a length of 39 . 64 feet, . thence South 56- 26 ' 30' East 94 . 24 feet; thence along the right , having the arc of a curve to 400 . 00 feet and a length of277186ofe3t; thence South ald6- 38' East 56 . 63 feet; thence along the arc of a curve to the left 30 having a central angle of 38- 35 ' 00" , a radius of 1000 . 00 feet and�a length of 673 . 41 feet; thence South 55- 13 30" East 989 feet to Station 286--54 . 40 B . C . ; thence along �� . 32 having a radius of 1000 . 00 feet and a 1 a curve to the right less , to the point of intersection Of --aid c nt 428 feet, more or highway with the South centerline of said Sown Line of said along P said Section 8 , thence Westerly �h� South line of sai d Section 8 9- 1 to the intersection with the centerli o 50 fees, more or less , Electric Company easement ne °f a Pacific Gas and Records at Pas recorded in Boas: 2517 of Official ne 275 , Records of San Mateo Court 1 ; ^ thence northwesterly y Ca I o- 4hne r , California;_te_ ly along � o,.. _iG; 61- 37 West 2 o ` o cles� line of said easement North 650 feet, more or less , to a point that is South 70- 10 ' West 1650 . 00 feet , more or less , from the true point of beginning; thence North 707 10 ' East 1650 feet, more or less to the point of' beginning. , EXCEPTING THEREFROM the prouert er ; r - Y h,._ e_nab �. a thereof lying within the ov., described, so much Mateo County Route 55 , Sebtions"Dl , Sconmonl�tate h aY Road IV, Sap Boulevard , said Skyline Boulevard including Y known as Skyline o the lands described F%"'HIBIT Page A—Of in , but not Jim- d to the following : I - Lands described in Deed to the State of California , recorded on September 30 , 1929 in Book 431 o-u� Official Records at Page 474 ( File No . 44857-B) j Records of San 'L Mateo County, California.0 2 . Lands described in Parcel I of that certain Deed to the State of California, recorded on October 31 , 1932* in Book 579 of Official Records at Page 17-0 ( File No . 16051-C) , Records Of San Mateo County, California . ALSO EXCEPTING THEREFROM the following lands hereinafter referred to as Parcel "B" : BEGINNING at a point- in the centerline of the survey of the Californa State Highway Road IV, 'San Mateo County Route 55 , Section "D" , commonly known as Skyline Boulevard, said point of beginning being at Station 237+70 . 70 of said survey; thence " following along the centerline Of said highway, south 65- 01 ' East 365 . 02 feet, more or less , to Station 241-35 . 72 along the arc of a tangent curve to the right , *tangenthavingB aC centuralce angle of 30- 45 ' 00 , a radius of 1200 . 00 feet and a length of 644 . 03 feet to Station "P" 247+79 - 75 P. C . C . - ; thence along the arc of a curve to the right- havin- a central an-le of 37- 55 1� 00" , a u radius of 500 . 00 feetand a length of 330 . 89 feet to Station "P" 251 , 10 . 64 E . C . = "A 251+90 . 00 P . O . T . ; thence South 3- 39 , 00" West 1031 . 18 feet ; thence along the arc of a tangent curve to the. left , having a central an-le of 52^ 31 ' 16" , a radius of 300 . 00 feet and a length of 275 . 00 feet ; thence leaving said centerline South 70- 00 ' 00" West 73 . 21 feet � _L LIO a Point on the southwesterly right-of-way line of said Skyline Boulevard and being the true Point of beginning of the herein described Parcel "B" ; the-rice from said true point of beginning South 70- 00 ' oo,, �,,&st 820 . 11 .Z - , eet to a 3/4" iron pipe monument tagged L . S . 48�40 ; thence South I U 53- 18 ' 36" East 1095--30 feet to a 3/4" iron pipe monument tagged L . S . 4840 ; thence North 8u4- 17 ' 23" East 225 . 50--Z U - feet to a 3/4" iron P-J-De monument tagged L . S . 4840 in the center of an existing road , said, Pipe hereinafter referred to as Point "A" ; thence South 83- 06 ' 33" East 487 . 23 feel to a Point on said south- westerly right-of-way line of Point Boulevard; thence along said right-of-way line North 55- 13 ' 30" West 120 . 00 aet; thence along the arc of a tangent curve to the right ving a central angle OF 35- 14 ' 30" , a radius cj� 1050 . 00 feet and-a length OzE .645 . 84 feet; thence North 39- 38 ' 00" West 515 . f Co said true point of beg meet inning 06 ALSO EXCEPTING THEREFROM a circular area 50 -feet, in diameter that consists Of a well and storage tank , the radius Point * O_, said circular area being distant thereon South 28- 29 1 30" East 750 . 00 feet from the hereinabove mentioned Point "A" as described in said Parcel "B'; . EXHIBIT 2 Page of RESERVING FROM .tID PARCEL "A" A NON-EXCLUSIVE EASEMENT for ingress and egress as well as rights to maintain, operate , repair, secure and replace the waterlines erlines running from - the hereinabove described circular area to said Parcel B'" . The replacement of said waterlines shall be located within 20 feet of their oresent D' ALSO RESERVING FROM SAID PARCEL "A" A NON-EXCLUSIVE EASEMENT 20 Feet wide for ingress , egress and Dublic utiliti centerline of said -20 foot wide easement being morees , the Darticularly described as follows : Beginning at the a Point on the southwesterly r-i -ht-of-wy e of - State Highway Road IV, San Mateo County -Route�55 , SectaionlinD commonly known as Skyline Boulevard, which said Point bears South 39- 34 ' West 50 - 00 feet from Engineer' s Centlerline Station 287+37 . 60 of the survey of said Skyline Boulevard ; thence from said point of beginning , leaving said southwesterly right-of-way line and running along the centerline of an existing roart 60- 12 ' West 1H . 61 f-eet ; thence North 69- 09 ' o0 - es -C Wt .d132N.o38h feet ; thence North 50- 33 ' 00" West 112 . 79 feet; thence North 62- 53 ' 00" West 112 . 67 feet; thence along an arc of a curve to the left having a central angle of 26- 14 ' 00" , a radius of 100 . 00 0 - feet and a length 45 . 7feet; thence North 89- 07 ' 00" West 133 . 52 feet ; thence along an arc of a curve to the right having a central angle of 60^ 38 ' 00" , a radius of 122 . 00 feet and a L length of 129 . 11 feet; thence North 28- 29 ' 00" West 39 . 25 feet; thence along an arc of a curve to the leftu having a central angle of 60- 42 ' 00" , a radius of 90 feet and alen.-th of 95 . feet� thence Norht 89- 11 , 00" West 128 . 10 feet; thence North35 76- 18 ' 00" West 161 . 76 feet ; thence along an arc of a curve to the right having a central angle of 39- 21 ' 00 a radius o- 100 - 00 feet .L and a length of 68 . 68 feet; thence North 36- 57 ' West 127 . 81 feet ; thence along the arc of a curve to the left having a central angle of 20- 44 ' 00" , a radius of 100 - 00 feet and ,a length of 36 . 18 feet ; thence North 57- 41 ' 00" West 32 . 27 Feet; thence North 68- 39 ' 00" West 16 . 00 feet to the hereinabove mentioned Point "A" being a 3/4" iron pipe monument tagged L . S . 4840 in the southwesterly line of the above described Parcel "B" , said iron -oir)e marking the northwesterly terminus U of the course called "North 83- 06 ' 3"' Wes' 4872 beingthe terminus of the herein descroiibeed '2uO fo . 3 feet" and ot wide easement .. The sidelines of the above described easement are to be shortened or lengthened so as to form a continuous 20 foo-, wide. sturip from the southwesterly line of said Skyline BouleLaru -u- -' h- d to the so westerly line of the hereinabove described Parcel "B" . TOGETHER WITH A NON-EXCLUSIVE EASEMENT for ingress , egress , public Utilities and Public trail Purposes over the hereinabove described 3 EXHIBIT a r. _A_ '10 TROCL Parcel "B" , sai, easement being more Particularly described as follows : Beginning at a 3/4 " iron pipe monument marking the northwesrly terminus of the course called "North 83- 06 3�3-'" West 487 . 23te feet" in the southerly line of the hereinabove described Parcel -Bt thence along said southerly line South 83- 06 ' 33" East 30 . 00 ' feet ; thence leaving said southerly line North 61- 59 ' 03" West t 35 - 20 fee thence -South 84- 17 ' 23" West 80 - 00 feet ; thence South 79- ' 06** West 146 . 11 fee-' to a 3/4" iron Pipe monument-, tagged L . S . 4840 marking the southwest thence along the southerly line of said corner Of said Parcel id Parcel "B" North 84- 17 ' 23" East 225 . 53 feet to the Point of beginning. 12/08/92 nortonl . des/dkl3 rev ff J, �2 EXHIBIT �z Pa_ of _._.._.._. P,0 REPEATER STATION LEASE AGRFS[4cc;-r (No. 1013) This is intended to be a legally binding contract - Rea carefully and consult an attorney. PARTIES . This Lease, dated, for referen ce purposes on1 - ... t is day Of - is mad 19 C by ar.c between the COUNTY OF SAN MATEO a division of the State of California political --------- -- division and ("Tenant") , and GEORGE ADELE NORTON ("Landlord") . This Lease is subject to the terms, covenants a.herein set forth and each �d condi - the consideration for thispLeaszctoekeeps a perform aa - material par Of said ter,-„s, covenants and rform each a, formed and that this Lease is conditions by it to be kept an4 made upon the performance. condition of sai' 2. PREMISES. Landlord does herebv lease to Tenant and Tent ' her leases from Landlord that certain reap Property i - P r .•em.._--- . - - -- ( asps ) described in Exhibit "A", � easement including a 20-foot for ingress and egress to the Premises Exhibit as describes' ',B,,. 3. TE?�! The term of this Lease shall be for ten commencinc on the lst day of November, (10) year _ 31st day of October, 1992, unless terminated and expiring On cause anvti,me prior to in"'d by Tenant witnc exDir < - at_on_ w i' - ,. ch ni n et• writ�en notice to Landlord. �' (90) day' Dr1 4• BASE RENTAL. Tenant agrees to pay Landlord for the P as Base Rental, without prior notice or re,-. demand as follows: ' (a)- The sum Of Two Thousand Fight Hundred Fifty and-No/l - .- Dollars ($2,850.00) on March 1, 1983, for the period of -- -- - November 1, 1982, through October 31, 1983; (b) Commencing November 1, 1983, the sum of Three 'Thousa Five Hundred and NO/100 Dollars ($3,500.00) per annum, i - - - vance on the first (lst) day of November of each year of term hereof, subject to the provisions for periodic cost- living adjustments provided for in Section 5. . - - In case of termination, any unearned rental paid by Tenn: within --•--- -..-_ .-.____._- _ advance shall be returned to Tenant by Landlord of termination. (30) cL The said rental shall be paid to Landlord at: _ Lankin - Spears attorneys at Law Attn: Mr. George H. Norton -- ---: 285 Eamilton Avenue, P.O. BO:i 240 Palo Alto, CA 94301 or to such other person or at such other Place as Landlord a from time to time designate in writinc. p �'ER?ODZC COST-OF-LIVING ADJUSTMENTS: ea for i the Base Rental prc n Section 4 Sub-section b s ( ) ($3, 00) shall be subject - --.- ---- adjustment at the commencement of the third term (Nove.:,ber 1, 1984) and each (ter Year of the year thereafter on t, e Of November ("the adjustment date"} t slows: `: first _ -- as moo_ . —'-- -- - the base .for computing the adjust,-Ient is the LOi1St1,T,er YL 2.. i I^dzx (all urban consumers; 1967=100) for the San Francis: -- Oakland 1`!etropolitan Area, published bey the United States partment Of Labor, - Bureau o� Labor Statistics ("Index") , which will be published for October 1983 {"Beginning Inch If the Index published for the month of October prior to _ adjustment date ("Extension Index") has increased over th> Beginning Index, t ease Rental for the followin ga (until the next ad, �tment date) t.shall be se m �_; Sub-sectti mon (b) the Base Rental set forth in Section e ulti ($3,500) by a fraction, the numerator Of which is the sion Index and the denominator Of which is the Beginni - dex. In no case shall the adjusted Base Rental refer adjustment be less than ($3,500) . Three T,.ousand Five Hundred Dc If the Index is changed so that the base year differs _._ that used as of October 1983 the -------- -- - a � Index. shill be conve accordance with the conversion - fa ctor publish States Department of Labor ea by the Bureau of Labor t the Index is discontinued or S e term, revised during the term, other government index or cOmouta` 'pion wit h i t h w h i D1z ti ch -- -- — Placed shall it is ..e used in order- to obtain subst?nt<aT � .same _1 result - -, 1L as would be � = �• 1 ob tained ain_d if the Index had not discontinued or revised. 6. USE ^e . Tenant _ •ant shall. use the Premises exclusively o" f.. maintaining or_ G i t.lntaiP._P. Ort � -1 �'r ao1 4 P e equipment structures and a cations tower w co, - cations - with antennas t f . hereon e for the operation of .- ----- - p_.,t_,. station. Tenant shall not use or Der be used for any other p e permi- t the Premis- urpos_ without the prior written cot of Landlord. 7. UTTi,TT'T: a� . _ -S P-ID BY TENANT. Tenant shall make al r for and DaV for all l ar_anc utilities and services furnished to or telephOnecludsen_ng, without li,..itatior, cas, electricity, wet chances. v"Ce' and trash collection, and for all tonne 8 RED PROPERTY • .L PR r 0_tR,_ TAXES PAID BY LANDLORD. i i �� Lando t federz_, stile county Landlord shall L ' and *aunicioal taxes and general_--- _-_—. ... Cia_ assessments e nera_ and nos• levied and assess ed aga inst ns th e th Pr rough e Premises OI.L r QS � the term of this Lease. 9. ALL MAINTENANCE AND REPAIRS BY TENANT. ' Throughout the Of this Lease, Tenant shall, at maintain the Premises and any imor Tenant's sole cost and exile - _ ov_ _nts, equipment and c Personal property thereon, in good sanitary order, conditic ' repair, orcinary wear and tear excepted, and in accordance - --- all anoliczble laws, rules, ordinances, Of orders and regulat (1) federal, state, County, municipal, and Other covern. �� agencies and bodies having or claiming respective departm bur_ents, e jurisdiction and all zus, and officials; . i^ (2) the e ance underwriting board or insurance irspec`ion bureau ini l claiming jurisdiction; and (3) all insurance companies ins;.l all or any part of the Premises, or imDr o ovem _ _nt o` r S she i ec_ De_sor.a_ Droperty ,. he Premises uiom a` t - _ enL - --•- . _-_-_.._. the sole - eri All repairs shall duty OL the Tenant and at Tenant Sole e. ' s NO Offensive Or refuse matter, nor any sole Ce2COnStl`li an unnecessary, unreasonable or unlawful fire hazard be permitted to accumulate or r shill E,, l remain at the Pr emises.rem' I is_s shall � •e ides, h 1 b_ F._p� at ill times in an Or The plete satisfaction of derly manner to the+ '' 10. ACCrS ROAD .,tz_ Landlord. S LN r Upon request of Tenant needed, Landlord aCr e .t Or as � _e_s toycrade fill in ch uc in good coP:d ' moles and mzl ' 1 a - - tion tn_ access road (20-`oot-wide easement)- Premises described in „B„ L ,.,, Exhibit The standard of r,.- __ shall be such as to provide e �ir.tena ` access to the P Tenant zcc wheel drive pick-up truck. e event Premises h_ In the ev_. of road blockage du ' -- raiP. or other causes, Landlord shall within five (5} days ofl bloc:;zge, clear said road as required, to provide Tenant fre clear access to the Premises. If Landlord does Obligations within the time j7vt n, Te m •e shall in this Section me hav e the �; � , ..nar.e option � _on o e - - . ---— under this Section and Tenant shallhang veotnegrightstoLbe OE arei:, banded for the sum it actually expends in the performance of Landlord's obligations hereunder. If Landlord does not reis. '� Tenant within thirty (30) days after written de r Tenant shall have the nd therefor nigh to withhold fro- future rental t -. —•------...- � - - ICI I Sum Tenant has expended i 1 being fully reimbursed. The e>: case of the Option by Tenant to perfOri❑ Landlord' s obligatio; under this Section shall not be construed to be a waiver of breach of Landlord by its failure to clear - the road as recui: _ hereinabove. 11. ENTRY BY LANDLORD. Landlord reserves and shall at anv ar _ - all reasonable tines have the right to enter the. Premises ar.c spect the same. 12. CONSE,iT 07 PARTIES. Whenever either party is required, the consent or approval of that party shall not delay or unrea sonably withhold such consent or approval - - _ 13. DEFAULT (i) Default by Tenant The occurrence of any one or mor the foil owi^g events shall constztuLt e a material� breach of this Lease by Tenant: serial default and (a) The vacating or abandonment of the Premises by Tenant (b) The failure by Tenant to mare any payment of rental, anv other payment required to be mad e d e b -hereunder y 2 T n _ ant an' when due, where such failure shall continue - - - for a per _ of ten (10) days after written notice thereof by Landlord -- - Tenant. (c) The failure by Tenant to Observe or perform env of t i terms, covenants, conditions Or provisions of this_Lease be observed Or pA r .. 1 _rL0_mA _d by Tenant o o to Sub-sections . _r than c_s�._i.,ec a and( ) h( } _.ezr.above, where such failure -- - ^! shall continue for a period Of thZrtV (30) days after Hri` notice thereof by Landlord to Tenant; provided, however, - if the nature of Tenant's default is such that more than thirty (30) days are reasonably required for its cure, t^ Tenant shall not be deemed to be in default if Tenant co^,- ____._—___.__. .... ! mences such cure within said thirty (30) day period an6 thereafter diligently prosecutes such cure to co:apletion. The purpose of the notice requirements set forth in this Section is to extend the notice requirements of the unlawful c - - -- tainer statute s of Califor nia. ----- -- . - - (ii) Landlord's Remedies. In the event of any such defau and breach by Tenant described in Sub-section (i) hereinabove Landlord may at env time thereafter, with or without - demand limiting notice o: e a r.'c-- ------_,, .- -_ -- and without limiting Landl ord r in the exercise of a rig; or rerledy which Landlord may have by reason of such default-a. breach: (a) Terminate Tenant's right to possession of the Pre.^•,ise by any la•nful means, in which case this Lease shall_ tand Tenant shall e r ii.m �_qiatAlv surrender possession oL� LSo ; Premises to Landlord. In such event Landlord shall be en.- titled to recover from Tenant the cost of recovering r_dss_ Sion of the premises. in the event Tenant shall have aban- . - - doped the Premises, Landlord shall have the Option O: c - ; • e_ --- —_ (i) tarring possession of the Premises and recovering fro;i Tenant the aMROunt Specified in this section, or (ii) pro- ceeding Under the prOV;SiOns Of the follo',ving Sub-sec _,c_ b ia_( ) nt__aTenant' s righ t � to Possession, in which cas e this Lease shall continue ce _; ne- effect whether or not Tenant have abandoned one Premises. In such event Lar.dlgrd ------ ---- shall be entitled to enforce all of Landlord' s rights_ and remedies under this Lease, including the right to recover - rent as it becomes' due hereunder. - - (c) Pursue any other remedy at law or in equity now or --- ----- :-- -- —: hereafter available to Landlord under the laws and judiciG decisions of the State of California. (iii) Default by Landlord. Subject to the provisions of Section 10 (access Road Maintenance) Landlord shall be in de L and breach of this Lease if it fails or refuses to perform any Provision Of this Lease that it is obligated to perform if the failure to perform is not cured within thirty (30) days after -' written notice of the default has been given by Tenant Lanz- lord. to La. - - //- C: �JI 1 If the default of L Ord cannot reasonably be cured w thirty (30) days, Landl shall not be in default of this if Landlord commences to cure the default within said thirt day Period and diligently and in good faith continue s to default. cu -- (iv) Tenant' s Remedies. In the event of any such mater default by Landlord after said thirty (30) days notice to L lord recuired under Sub-section (iii) (Default by Landlord) - Tenant may at any time thereafter terminate this Lease with - ! written notice to Landlord and vacate the Premises on the d,- ---� - termination, unless Landlord has cured or is diligently, and -` good faith continuing to cure its default and breach. In' ac. tion, Tenant shall have the right to pursue any other law or in equity now or hereafter available to reined_ _. ...._._. -.- lairs and udici c al de Tenant under decisions o_ the State of California. 14. PUBLIC LIABILITY INSURANCE. Tenant is presently self-i: - in the amount of $250,000 each occurrence giving rise to pea injury and property damages liabilities for which Tenant cc,,.-- Feld responsible. In addition, Tenant presently has in fore cess insurance in the mount of $50,000,000 per occurrence an annual aggregate. Said self-insurance and excess insurar. ------_ ' Provide coverage for personal injury and property damn ities arising out damage lir --� -..- of the acts and/or omissions of Tenant, it ficers, agents and emolovees, While On the Premises. Tenant -__-_-. request of Landlord shall furnish to Landlord a Certificate Insurance which shall provide that the Landlord would receiv (10) days' prior written notice of cancellation c _harcP in s or modification in coverage of such coverage. Nothing here; - - shall be interpreted to require Tenant or its insurer to pro a defense for, to provide insurancefor, or to indemnify Lan I except as may be otherwise recuired by law. -___--- -•-.-- .- 15. I.4PROV-7MENTS, ALTERATIONS AND ADDITIONS. Tenant, at its shall have the right to make the improvements ons o , alterati additions to the Premises that Tenant requires in order to c duct its business on the Premises without the Landlord's pri consent, except the following shall require the prior writte: --_- - consent of the Landlord: -= (a) Locating additional structures on the Premises; -_.- - --- .-- (b) Altering the existinc structures on the Premises or adding to the structures if the apoearance of the Premises be substantially modified; r. -- - - (c) Trimming the trees on the Premises; (d) Extending the communications tower in excess of fif- (50) feet above the height of the existing tower. Landlord shall not unreasonably delay or withhold its co. --- -. - to any improvements, alterations or additions w'r.ere Landlord' consent is recuired. 16. TENANT'S PERSONAL PROPERTY., For -purposes of -this Lease, --___--- --- perty shall include-_-_ Tenant's personal pro all imorovemeRts, s tureS mac, towers, antennas, and other equipment and sonal property installed or placed on the Premises by p- - --- - - - - its expense whether or not permanently ", Tenant attached t0 ..ne PL'emic Tenant shall have the right to remove its personal property the Premises upon expiration or 17. SURRENDER Oc P? termination of this Lease - - MISES. At the expiration or termination ----------_--•-• this Lease, Tenant shall surrender to Landlord possession of Premises. Tenant shall leave the surrendered Premises in th, Same COnd2tlOR a5 that existing at the time Of commencement C this Lease, reasonable wear and tear, da-Mace by the elements by circumstances over which Tenant has no control, excepted 18- PESERVATIONS- This Lease is subsequent to and subject tc Prior exceptions, reservations, grzr.ts, easements, leases or - .--- - --- licenses of any kind whatsoever as the same appear on record the Office of the County Recorder, County T Ot to disjur f San Mat _._ . California. covenants n 4s eo, State anA fuI enjoymentofzanyandallpa�ties having banyelegaltrightpe /• -4- .e- -_ X H I B I T Cr' / Pan e�. o title, interest or priv, in and to the use Of the Prt-ises by Z .nt shall at all timessbe conduces and t'with legal regard for such rights, titles, interests and or _leces. 19. ASSIGtd lE-NT AND SUBLETTING. Tenant shall not, either vo_ tardy or by operation of lac,, assign, transfer, mortgag pledge, hypothecate or encumber this Lease or anv interest t in, and shall not sublet the P-.. , ' enzos_s or amp Dart thereof, c —_ right or rig privilege appurtenant t hereto, or suffer any other son (the employees, agents, servants and invitees of Tenant cepted) to Occupy or use the Premises, Or any portion therec -- without the written consent of Landlord first had and obtain which consent shall not P lair. b_ un_r easonably delayed or withheld, - a consent to one assignment, subletting, occupation or use other person shall not be deemed to be a consent to any cube -- -- . — cuent assignment, subletting, occupation or use by another c son. Anv such assignment or subletting without such consent i shall be voidable, and shall, at the option of Landlord, con tute a default under this Lease. 20. InTICN 0= FOR"•LR LEASE. The written lease between lord and Tenant dated iVovember 6, 1979, as to the P- ecuted by Premises e Tenant On i�OVe.iber 6, 1979, DurSua.^.t t0 County Of 'Mateo Board Of Supervisors visors Resolution No. 0;04! is hereby mi^sled and superseded by this Lease. - I I srp501 I T TIM T A E H M I . d t 0 8 s a _.0 ON I A A A all .1,8 -q N x 0 B t -F C, A-0 3 X.""N %J Q N OZ. 4J N 2 P:go a . 41 x A w BIN lots 9 1 jS All T I Uvti 4J w u jr tl % 4 sit K%h H 3 oss In , •M, 5-- it= a TO Vs . . - - v w . ; ." IN n "A v — -C I" 2 1-:i a I to . , a P Al . 5 ".C 2 too A 7 Do A 0 g SM A "'T a 2C ,A 0, i C .y -0 1 M - All Sh sit Aw Q 1, TO g 2 g 2.0r. fan U 1 0 U x S P Its w to t w I a qg r2w1. .� a V . P w t -02 oil v 0 N Rp- 0 E y9 RNA 8 3 DP .0 WN US U v C A v so . 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Y;... or u 1, � ^ {� �,'� r�N ..[.� it ' it ry o I �p � V IU•` (1. " ;f �T j: A r 1� � p p w� tl V n .,>T+ ` O ^'�\�, � \\\N\ •el r " O a,,u- i" n , i� � l','� �•1 `p" O a �^ n ., rj i$ ;�' °t.'" ,• Q o � " 1,'. �:n :.:r:r: •?n o s 1• � t, 9 d .,,� •L�n'�� 1 p j�Ir b r• '; °ti ti H EXH / 6 / 7 ll / r � fa Et i RccE:SS Geu, EL-CG-. APPKOX. LvCr=T OF NG%,� NOTE _ P.LL- STPUG,VP. .5 Or! //OT 70 SCi;LC r- far:rr;Eb 111F;; Fir/, r~ l5ffCT-10N COUNTY OF SAN MATED E PEr.': D ErT.OF GENERAL SERVICES- ARCH.A ENG.DtV. Y] J REVISE G IiY Dr'/E 1-0 rr}IE tv COUNTY CCNTCM 35.N.�r+ILTON$T. RtDNOOD CIT••.CAL-. f -.J /p TCL.341.3{u0 Cx T.314 I.CF{ SE Nlc . 161 DATE DRAWN CHECKED JG9 NO Pa T O 'PORT/ON OF ACCF_ SS ,-,OAD TO Sl 'ir"J.0 wt�i c J-� cou,v-rr o•=�;-;:'J ��1,•; "r � � `�'�l-.� mac, ��, `•�` i`f,• r6 / .- "' \ I l !>.?1��G D �'i' �'J r'JC't�'J�1 ✓:t", �. \�i�.s �'�` .:,� -;:��;,.�.,� �� o s,�cri�,v 6 I DO NOT DESTROY THIS ORIGINAL NOTE: This original note, together with a Request for Reconveyance signed by the holder hereof, must be surrendered to the Midpeninsula Regional Open Space District before the final principal payment will be made. SECURED PROMISSORY NOTE $ 300 , 000. 00 Los Altos, California - September 30 , 1993 FOR VALUE RECEIVED, on or before December 31 _, 1996, in installments as provided below, the undersigned, MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a California Public District ("Maker") , does hereby promise to pay to George H. Norton and Adele W. Norton, husband and wife, (Lenders) at Star Route 2 , Box 404 , La Honda , CA 94020 . or at such other place as the holder hereof may, from time to time, hereafter designate in writing, in lawful money of the United States of America, the principal sum of ***Three Hundred Thousand and No/100 Dollars ($300, 000 . 00) , together with interest from the date hereof on unpaid principal at the rate of **Five** percent (5%) per annum. Should any accrued interest not be paid when due, as provided below, it shall be added to the unpaid principal and shall thereafter bear interest in the same manner as principal. 1 . Payments . Installments of principal and interest shall be due, payable and credited as follows: (a) The principal amount hereof shall be paid by Maker on or before December 31, 1996. (b) Accrued interest hereon shall be paid by Maker in quarterly installments of Three Thousand Seven Hundred Fifty and no/100 Dollars ($3 , 750 . 00) payable on December 31, March 31, June 30 and September 30 of each year until this Note is satisfied in it ' s entirety. (c) In case any date specified above for the payment of principal and/or interest on this Note 'shall be a legal holiday, such payment shall be made on "the first succeeding business day. (d) All payments made hereon shall be applied first to the payment of all unpaid interest accrued hereon to the date of such payment and the balance, if any, shall be applied to the payment of principal. Interest shall thereupon cease upon the principal so credited. EXHIBIT D PageoP (e) Make,- shall have the right at any time after 120 days written notice to payor to pay all or part of the outstanding principal balance of this Note and interest then accrued thereon, without penalty or premium. Any such proration of interest shall be calculated on the basis of a 365-day year. 2 . Securitv. This Note is secured by a First Deed of Trust with Assignment of Rents (the "Deed of Trust") , of even date herewith, executed by Maker, as Trustor, to First American Title Insurance Company, as Trustee, and naming Lender as Beneficiary, creating a lien on certain real property, more Part described therein, located in the County of San Mateo, State of California . 3 . Junior Lien. The Note, but not the Deed of Trust securing the Note, is and shall be junior and subordinate to the "Midpeninsula Regional Open Space District 1987 Negotiable Promissory Notes" , " Midpeninsula Regional Open Space District Variable Rate Demand Notes 1988 - Series All , 111990 Promissory Notes - Midpeninsula Regional Open Space District" , "1992 Promissory Notes - Midpeninsula Regional Open Space District (Santa Clara and San Mateo Counties, California" and any and all subsequent public note issues of Maker. 4 , Acceleration Upon Default. At the option of Lender, the entire principal balance together with all accrued interest thereon shall immediately become due and payable upon the occurrence of any of the following (hereinafter referred to as an "Event of Default,,) : (a) default in the payment of principal or interest when due pursuant to the terms hereof; or (b) default in the performance of any obligation or covenant of the Maker contained herein, in the Deed of Trust, or in any other security agreement, deed of trust or other agreement which may hereafter he executed by Maker for the purpose of securing this Note (including any amendment, modification or extension of any of the foregoing instruments) . 5 . Acceleration Upon Transfer. In order to induce the holder hereof to make this loan secured hereby, Maker agrees not to transfer said real property or any portion thereof or -interest therein, without the prior written consent of the holder hereof. Such holder may grant or deny such consent in its sole discretion and, if consent should be given, any such transfer shall be subject to the Deed of Trust as above mentioned, to be bound by all Provisions contained therein. Such assumption shall not, however, release Maker from any 2 EXHIBIT page -off liability under this note without the prior written consent of the holder thereof. In the event of any such transfer without the written consent of the holder hereof, said holder shall have the absolute right, at its option, to accelerate and declare the entire principal balance and all accrued and unpaid interest on this note, and all other sums secured hereby, immediately due and payable. Consent to one such transaction shall not be deemed to be a waiver of the right to require consent to future or successive transactions. Notwithstanding the foregoing, the holder hereof agrees not to unreasonably withhold its consent to a transfer of said real property to another Public agency, provided that such public agency has adequate resources, in holder ' s judgement, to meet the obligations of this note in the same manner as if paid by the Maker. As used herein, "transfer" includes the sale, conveyance or other transfer of said real property, or any Portion thereof or interest therein, whether voluntary, involuntary, by operation of law or otherwise. 6 . Acceleration Unon Successful Funding. In the event District is successful in obtaining the legally required voter approval of a district-wide supplemental funiding measure prior to December 31, 1994 , Seller shall have the right, at Seller ' s sole option, to demand acceleration of the full payment of the remaining principal and interest at any time after December 31, 1994 , upon giving District a minimum of 60 days written notice of Seller ' s demand for such acceleration. 7 . Lender ' s Delay. No delay Or omission on the part of Lender in exercising any right under this Note or under any of the documents referred to in Section 2 shall operate as a waiver of such right or of any other right of the holder hereof. 8 . Maker ' s -Waivers . Maker (and all guarantors/ endorsers and other parties now or hereafter becoming liable for the payment of this Note) hereby waives diligence, Presentment, Protest, demand of payment, notice of Protest, dishonor, and non-payment of this Note, and other notice of any kind. Maker expressly agrees that, without in any way affecting L the liability of maker hereunder, the holder hereof may extend the maturity date or the time for payment of any -amount due hereunder, accept additional security, release any party liable hereunder, and release any security now or hereafter securing this Note. Maker further waives, to the full extent permitted by law, the right to plead any and all statutes Of limitation as a defense to any demand on this Note, or on any deed of trust, security agreement, lease agreement, guarantee or other agreement now or hereafter securing this Note. 3 Pap 9 . Loss or truction. Upon receipt of evidence reasonably satisfactory to Maker of the loss, theft, destruction or mutilation of this Note, and in the case of any such loss, theft, or destruction of this Note, upon delivery of an indemnity bond by the holder hereof in such reasonable amount as Maker may determine, or, in the case of any such Mutilation, upon surrender and cancellation of this Note, Maker will execute and deliver, in lieu thereof, a replacement note of like form, tenor and effect. 10 . Law. This Note shall be governed by and construed in accordance with the laws of the State of California. 11 . Severance. Every Provision of this Note is intended to be severable. In the event any term or provision hereof is declared to be illegal or invalid for any reason whatsoever by a court of competent jurisdiction, such illegality or invalidity shall not affect the balance of the terms and Provisions hereof, which terms and provisions shall remain binding and enforceable. 12 . Waiver. Any waiver, express or implied, of any breach hereof or default hereunder shall not be considered a waiver of any subsequent breach or default. 13 . Section Headings . Section headings are solely for the convenience of the parties and are not a part of this Note. 14 . Modification No Provision of this Note May be waived, modified or discharged other than by an agreement in writing signed by the party against whom enforcement of such waiver, modification or discharge is sought. 15 . Assignment. Lender May assign this Note and the Deed of Trust upon obtaining the Prior written consent of Ma.ker, which consent will not be unreasonably withheld. 16 . Purchase Monev Obligation. It is understood that the indebtedness represented by this Note is the unpaid balance of the Purchase price of certain real Property which Lender has sold to Maker on the date' hereof. 4 EXHIMT pace 4-of MAKER: MIDPENINSULA REGIONAL ?EN SPACE DISTRICT, A Public District 330 Distel Circle Los Altos, California 940422 Director Director Director Director Director III Director Director 5 Page of Loan No. M RECORDED MAIL TO: -- - — — T. George H. and Adele W. Norton Star Route 2, Box 404 La Fonda, Ca 94020 SPACE ABOVE THIS LINE FOR R£CORO£R•S uSE ICI ....---..•_,.„_—. ....�_,., -- . DEED OF TRUST WITH ASSIGNMENT OF RENTS (SHORT FORM) -" This DEED OF TRUST, made the 31st day of Decerleer. 1992 be R. ?ludoeninsula Regional Open Space Dist-_ct, a public district _. ._ _ ...._ herein cared TRUST w ajr wh ose a_,.r= _. - _ss is 7California 330 Dis 1 eel Circle,_2 Los t_tos (!lumber and S:resr) (Ci,y) FIRST AIVIE RICAN TITLE INSURANCE C01L1PANY, a California corporation• herein called TRUST-=. a -- ---- GEORGE E. \ a -c �ORTG:, and ..DEL_ W. NORTO`(, husband and c:ife herein Called 3Ei�lEFICI. bYITNE:3cTH; That Truster grants To Trustee in Trust, v,;:h Pc,:,er o`Sale, that prcrery in The unincorporated territory of the Ccun'y C. San ?atzo State cr Caliicrnia,described Being more Darticularly described as Ezhibit "I" as attached hereto aad incorporated herein by this reference. o <'_ b•hr rents,;sw<a and prof:,thereof,sub"au,he..+r•rer,1.the i or,._r c n4.. ... e F and au:hmr:: h.rr :_.. r i;er 9;ve.n ro;.^C conferred ucen Brr,<!icar: '. edtce.and ap p;y such rants,;slues and Fcr r^t?yrpca¢of Secur;ng 0)pa,f the sum of s 300,OCO.0G •ryes:rhrrecn a •r•r-s of a '..'. w:r:.,n. ._,.:n- _r-- Prcr-' cry n ^res of e',rn dr:e h<rrw;:h made by iruuer, pay+b!c to erc<r of ?;..F<;ary, and sate n,:en, a wall -rh<reoi,•acd ('i the p<rfcrmansce of a9r<emanr ei i us:e.;n<erpceared by rafer -er cenra.ned heron i:I P,rmenr of >dd:Nonal v_m, >nd ran::-tar :hereon •arhkh m+y he-tare, I-- •.;deuced by a prm.nscrr oe•<er noros ra<;+;n9+hat shcy a,r srcurrd by th;s^_ecd of Trust. r To rrac: :he se<ur;ry of this 0ead of Tcu:r, and wren <,e- :o m er< p>cen/ aee•,< dcs<ne:ed. Truucr e.Prcu:y ma:as a and al! ai sh¢ agree^..• .- - - andadcon and agees to perform and bt beund =r <a<ir>nd al o ,x-s and P'o";sons set ierrh ;n subd'.ncnB•1 m rusCy .greed that ' and ail of the terms and pro•.B;cns str !er•h ;n subd;vis;cn 3 of h 'can dyed of rrusr ft, 'td in Cr4n9- Ccunry A.,—s17 1934, and in s1I C. ... - . : . f h r. r ... - o, C-..ar n.._cs :n .ne e.-.r o1 ter e_v y e._._. o, r _cx y . a.¢ sa y Ie , ` ceunCxs Au9•nt 13, 19h4 'n •he bocl > d a •u¢ pace r _ ne'ed`e�c.•r rht nam o•sue•county,name;!: 'Q P "• . . .-„ COUNTY BOOK PAGE COUNTY BCCK PSG- COUNTY BOOK PAGE CCUNTY BOCK ?. '...Alam.da 1233 356 K;ngs 853 713 P.ac<r 10:3 379 Sierra 33 -' Alp;— 3 130�11 late 427 11 0 Ptuma, 186 1707 5;,:;yeu SG6 Amadar 133 433 192 7$7 R;.era;de 7773 3-7 5olano 1237 Bune 1310 $13 tes Angel., 7-7373 2T4 Savamene. SC79 124 Son 2C67 135 333 M1,ader 911 1:6 San Ben;ro 3CO 40S ranista' a 5 au, 197 ' Colu a O + 323 391 - h.,n n ld'9 1-'. San Bernar_.n. 6213 763 • • C.nrn .. 655Casa 4634 1 90 d.7 Sn Fr e A,C4 596 Teham a 4 - Del Notre 101 549 Mendoc,ne 667 99 San lea 57 El Darade 7.4 635 qu;n 2335 233 Tr;n By 1C3 Merced 1660 753 San luh Obbpo 1311 127 Tulare 25:0 Fre,ne 3032 623 Madec 191 93 San Mare. 4773 175 'u.lumna 177 G;enn 467 76 Mono 69 '^' Santa Ba,ba:a 2065 131 Yenrura 2607 - Hu.-nS.fct Sol 83 Monterey 357 ;:9 Santa Clara 6626 66. Y.I. 7i9 Imp<rut 1139 701 rtapa 7C4 7: Santa Crua 7633 607 Yuba 373 Nevada 165 672 363 9- Sha,ra Soo 633 ._ - •- Kern 3756 690 Orange 7132 13 San D;ege SERIES 5 Boo:1964,Page 149774 .. shalt;n c and band rh.e par.;<s ker-ro w;th rose:C; -' - •-f a6c•.-desu;b<d. 5e;d arraemrn r A and=ri:eeu'cat in all<ounfr,,and pr,n:- r^e r o' eres and pre ;s:ens cot.a;rrd in sad s C r t re'r<r 3r,tdc� 1 a ay t)ra w;,'.^;n ret<:lr a th ar Cif-ir'-•-�•]'a�Y� ardr n'2d<a p,r•G. t , of T scr asp r_<vs as f 'i s if ter fc ar+ n-rh b •e•e n u'1+ e m,ar__ere...a y may <F ar9e (eras:>•e-lent n9ard ::.e ecCear:en uccre• he ra e'L Pr^- :barr:cr does nar eaceee:he mu:mum a;lo_d bf fr... .n9 - •.. _ - Thr andars:9nad irusr.....guns that a copy of any nc:!<a of dessuir and ao-r nori<¢of I.I.huecnd<r c<ma;ixd to h;m ar his a_d:ess here;nbefue sat is VS-1— STATE CF CALIFORNIA jsS itidpeninsula Regional Cpe7 SDac= COuN;r Cr ) - - Cr before me,the undersigned,a Notary Public in and for Sato State,,er- B • senalty a„eared .... Rnha-. T \fr:�'p�•1 D_?G•rt= RO d OF 7 - .... 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O p aq !_ vo 0 •( 3» o o:.c v" oc u 3 nv ni v o +o:, oEv:eq non uynn o5 Order No. 385544 PRELINH NARY REPORT FIRST AYIERICAN TITLE ENTSURANCE COivLPANy 555 Marshall Street Redwood City, CA 94063 (415) 367-9050 ESCROW FAX (415) 364-1519 MID PENINSULA OPEN SPACE DISTRICT Attn: Craig Brit= 330 Distel Circle Los Altos, CA 94022 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, uisuring 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 Birder or Commitment should be requested. Dated as of November 16, 1992 at 7:30 a.m. JAMES NORRIS ESCROW OFFICER Title of said estate or interest at the date hereof is vested in: GEORGE H. NORTON AND ADELE W. NORTON, Co-Truste-es of TEE NORTON FAMILY TRUST dated A pnl 21, 1982, as amended and restated June 25, 1991 i Page 1 E:iH1Bi T Page I of Order No. 385544 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: A11 that certain real property situate in the County of San Mateo, State of California, being a portion of Section 8, Township 7 South, Range 3 West, Mount Diablo Base & Meridian, more particularly describers as follows: BEGINNING at a point in the centerline of the survey of the California State Highway Road IV, San Mateo County Route 55, Section D, commonly known as Skyline Boulevard, said point of beginning being at Station 237+70.70 of said survey; thence following along the centerline of said highway, South 65° 01' East 365.02 feet, more or less, to Station 241 +35.72 B. C.; thence along the arc of a tangent curve to the right, having a central angle of 300 45' 00', a radius of 1200.00 feet and a length of 644.03 feet to Station "P" 247+79.75 P. C. C.; thence along the arc of a curve to the right having a central angle of 37° 55' 00", a radius of 500.00 feet and a length of 330.89 feet to Statioir. "P" 251 +10.64 E. C. - "A" 251+90.00 P. O. T.; thence South 3° 39' 00" West 1031.18 feet; thence along the arc of a tangent curve to the left, having a central angle of 52° 31' 16 a radius of 300.00 feet and a length of 275.00 feet to the true point of beginning; thence from said true point of beginnin , continuing along the arc of a curve to the left, having a central angle of 7° 34' 14", a 'radius'of 300.00 feet and'a length of 39.64 feet; thence South 56° 26' 30" East 94.24 feet; thence along the arc of a curve to the right, having a central angle of 39° 48' 00", a radius of 400.00 feet and a length of 277.86 feet; thence South 16° 38' 30" East 56.53 feet; thence along the arc of a curve to the left, having a central angle of 38° 35' 00", a radius of 1000.00 feet and a length of 673.41 feet; thence South 55' 13' 30" East 989.32 feet to Station 286+54.40 B. C.; thence along a curve to the right having a radius Of 1000.00 feet and a length of 428 feet, more or less, to the point of intersection of said centerline of said highway with the South line of said Section 8; thence Westerly along the South line of said Section 8, 950 feet, more or less, to the intersection with the centerline of a Pacific Gas and Electric Company easement, recorded in Book 2517 of Official Records at page 275, Records of San Mateo County, California; thence Northwesterly along the centerline of said easement North 61 ° 37' West 2620 feet, more or less, to a point that is South 70° 10' West 1650.00 feet, more or less, from the true point of beginning; thence North 70° 10' East 1650 feet, more or less, to the point of beginning. Page 2 t � C Orr �� s Order No. 385544 EXCEPTING FROM the property herein described, so much thereof lying within the bounds of State Highway Road IV, San Mateo County Route 55, Section "D"; commonly known as Skyline Boulevard; said Skyline Boulevard including the lands described in, but not limited to the following: 1. Lands described in Deed to the State of California, recorded on September 30, 1929 in Book 431 of Official Records at page 474 (File No. 44857-B), Records of San Mateo County, California. 2. Lands described in Parcel I of that certain Deed to th e State of Califo rnia, recorded on October 31, 1932 in Book 579 of Official Records at page 179 (File No. 16051-C), Records of San Mateo County, California. A.P. No.: 078-210-23U JPN 078 021 210 12 A 078-210-130 078 021 210 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 1992-93, . First Installment $1,683.68 Second Installment S 1,683.68 Homeowners Exemption $7 000.00 Code Area: 070-005 A.P. No.: 078-210-130 General and Special Taxes for the fiscal year 1992-93, First Installment $266.32 Se-:oral Installment $266.32 Code Area: 070-001 A.P. No.: 078-210-230 2. The Lien of Supplemental Taxes assessed pursuant to Chapter 3.5, commencing with Section 75 of the California Revenue and Taxation Code. 3. EASENMINTT for existing roads lying within the boundaries of property herein described. Page 3 Order No. 385544 4. RIGHT 01 vVAY over the herein described property, as granted in Instrument: From: Robert Anderson and Gracella R. Anderson, husband and wife To: Pacific Gas and Electric Company, a corporation Dated: June 6, 1932 Recorded: July 25, 1932 Document No.: 11124-C Book/Reel 571 of Official Records at page/image g . p ID a e 197 Records of California. San Mateo County, rnta. Grants Right ht of Wayfor sing a single line of poles and wires over the Easterly and Northeaster) onion of pro perty ert P P P herein. Y 5. RIGHT OF WAY over the herein describer) property, as granted in Agreement: From: Robert Anderson and Gracella R. Anderson, his wife To. E. Lowell Sumner, Jr. and Ethel Craig Sumner, his wife Dated: March 20, 1934 Recorded: April 10, 1934 Document No.: 39805-C Book/Reel 618 of Official Records at page/image 341, Records of San Mateo County, California. Grants Right of Way for a 20 foot road from the Northwest '/ of Section 17, Township 7 South, Range 3 West, Mount Diablo Base and Meridian over the Southeasterly portion. 6. RIGHT OF WAY over the herein described property, as granted in Deed: From: San Mateo County Title Company, a corporation To: E. Lowell Sumner, Jr. and Ethel Craig Sumner, his wife, as Joint Tenants Dated: June 28, 1941 Recorded: June 28, 1941 Document No.: 24845-E Book/Reel 964 of Official Records at page/image 309, Records of San Mateo County, California. Grants Right of Way over the Old Summit Road from its intersection with the Sumner Right of Way (as set forth in Book 618 of Official Records at page 341), in a Southerly direction to the North line of the Northeast 1/ of said Section 17. Said easement being for the purpose of ingress to and egress from said Northeast I/ of Section 17, for all road purposes and public utilities, and as disclosed by various other Deeds of record. EXHIBI T Page 4 Urder No. 385544 7. RIGHT G. dAY over the herein described property, as granted in Instnument: From: Joseph Galantine and Philimena Galantine, husband and wife To: Pacific Gas and Electric Company, a California corporation Recorded: December 28, 1953 Document No.: 27108-L Book/Reel 2517 of Official Records at page/image 275, Records of San Mateo County, California. Grants Right of Way for line of towers and wires over a strip of land of the uniform width of 50 feet along the Southerly boundary and 25 feet along the Southwesterly boundary of the herein described property. 8. RIGHT OF WAY as condemned by Final Order of Condemnation dated May 18, 1965 issued out the Superior Court of the State of California, in and for the County of San Mateo, Case No. 105155 entitled "Pacific Gas and Electric Company, Plaintiff and Cross-Defendant vs. John W. Dodds, et al, Defendants and Cross-Complainants". Certified copy of which was: Recorded: May 18, 1965 Document No.: 50060-Y Book/Reel 4955 of Official Records at page/image 143, Records of San Mateo County, California. Condemns right of way for towers and wires affecting strips of variable width on each side of right of way as Exception No. 7 herein. 9. RIGHT OF WAY over the herein described property, as granted in Instrument: From: Joseph Galantine To: County of San Mateo, a political subdivision of the State of California Dated: June 11, 1954 Recorded: June 18, 1954 Docum ent t No.. 64957-L Book/Reel 2602 of Official Records at page/image 580, Records of San Mateo County, California. Grants Right of Way over a 20 foot strip between Skyline Boulevard and the Northerly line of Section 17. 10. RIGHT OF WAY over the herein described property, as -ranted in Instrum ent: From: George H. Norton and Adele W. Norton, husband and wife To Pacific Gas an dEl ectric Company, a California corporation Dated: September 5, 1977 Recorded: September 23, 1977 Document No.: 75337-AL Book/Reel 7609 of Official Records at page/i California. mage 528, Records of San Mateo County, Grants Right of Way for underground wires and cables, etc. Page 5 E.� `a pa se 57 0, Order No. 385544 NOTICE O_ fNAL DESCRIPTION. Ex ecuted by: Pacific Gas and Electric Company, a California corporation 0 rati on Dated • September 1, 1978 Reco rded:rd ed: September p tuber 14, 1978 Document No.: 15076-AN Book/Reel 7779 of Official Records at page/image 1945, Records of San Mateo County, California. Defines said easement as lying within a 10 foot wide strip crossing the subject property. 11. No report or examination has been made in connection with that certain "Notice of Pendency of Statutory Adjudication-San Greg,orio Creek Stream System", executed by The State Water Resources Control Board and recorded March 27, 1989 under Recorder's Serial No. 89038390 of Official Records of San Mateo County. The policy being issued will not insure against any loss by reason of such matters. For more information, please contact: Barbara Katz State Water Resources Control Board Office of Chief Council P.O. Box 100 Sacramento, CA 95801 (916) 324-0941 12. ADJUSTABLE INTEREST RATE 1DEED OF TRUST to secure an indebtedness in the original amount of S400,000.00 and any other amounts and/or obligations secured thereby, Trustor: George H. Norton and Adele W. Norton, Co-Trustees of The Norton Family Trust dated April 21, 1982 as amended and restated June 25, 1991 Trustee: North American Title Company Beneficiary: Chase Manhattan Financial, Services, Inc., and/or its successors and assigns Dated: August 25, 1992 Recorded: August 31, 1992 Document No.: 92140171 of Official Records of San Mateo County, California. Beneficiary's Address - 1900 Corporate Blvd., NW, Suite 110, Boca Raton, FL 33231 Loan No. - 850-9382 -60 7 EXHIBIT Page 6 Page of _______� Order No. 385544 13. HOME E({ _TY LINE OF CREDIT DEED OF TRUS T to secure the '¢' an indebtedness on uz a1 amount of S200,000.00 and an other ein Trustor Y amounts and/or obligations secured the George H. Norton and Adele W. Norton, Co-Trustees of The Norton Trustee: Family Trust dated April 21, 1982 as amended and restated June 25, 1991 North American Title Company Beneficiary: Chase Manhattan Financial Services, Inc., and/or its successors and assigns, a corporation Dated: August 25, 1992 Recorded: August 31, 1992 Document No.: 92140172 of Official Records of San Mateo County, California. Beneficiary's Address - 1900 Corporate Blvd., Suite 110, Boca Raton, FL 33431 Loan No. - 850-02403 14. THE TER.1IIS, 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. LN1FOR- ATION NOTES: A. Notwithstanding the exclusions from coverage as set forth under "Exclusions" any ALTA Residential Owner's Policy issued by First American Title on the herein described land shall contain in Schedule B, Part I, the following exclusion from coverage: Any rights,*interest, or claims of parties in Possession of the land not shown by the public records. Any ease me t n or lien s not shown by the public records. of covered title risks. p ords. This does not limit the lien.coverage in item 8 Any facts about the land which a correct survey would disclose and which are not shown by the public records. This eliminates the forced removal coverage in item I2 of covered title risks. B. The City of San Mateo imposes a property transfer tax of 'r_ of 1 a of total consideration. C. Order Date: December 1, 1992 Short term rate date: August 31, 1992 I Page 7 EXHIBIT Urder No. 383344 D. LENDER'S S1 AL INFOR-MI ATION There have been no deeds recorded within the last two years prior to the date of this report, affecting the herein described property. EXCEPT TRUST TRANSFER DEED From: George H. Norton and Adele W. Norton, his wife, as Community Property To: George H. Norton and Adele W. Norton, Co-Trustees of The Norton Family Trust dated April 21, 1982, as amended Dated: June 27, 1991 Recorded: July 10, 1991 Document No.: 91087960 of Official Records of San Mateo County, California. LN'DIYIDUAL GR.AN'T DEED From: George H. Norton and Adele W. Norton, Co-Trustees of The Norton Family Trust dated April 21, 1982 as amended To: George H. Norton and Adele W. Norton, Co-Trustees of The Norton Family Trust dated April 21, 1982, as amended and restated June 25, 1991 Dated: August 20, 1992 Recorded: August 31, 1992 Document No.: 92140170 of Official Records of San Mateo County, California. Effective January 1, 1992 all notarial acknowledgment forms must comply substantially with the language contained in California Civil Code Section 1189 entitled "General form of certificate of acknowledgment" pursuant to Senate Bill 2251, Chapter 1070 of Statutes of 1990. any documents executed on or after January 1, 1992 and acknowledged in the State of California by a notary public containing other notarial forms of acknowledgments may not be acceptable for recordation. First American Title will make the form available upon request. WARNING "THE MAP ATTACHED HERETO MAY OR MAY NOT BE A SURVEY OF THE LAND DEPICTED THEREON. YOU SHOULD NOT RELY UPON IT FOR ANY PURPOSE OTHER THAN ORIENTATION TO THE GENERAL LOCATION OF THE PARCEL OR PARCELS DEPICTED. FIRST AMERICA-N`EXPRESSLY DISCLAIMS A-N'Y LIABILITY FOR ALLEGED LOSS OR DA IAGE WHICH MAY RESULT FRO,LI RELIANCE UPON THIS j1vfAP .,. Page 8 E : 3 >< Pzg2 of'/ft vraer lvo. 385544 NOTICE Section 12413.1 of the California Insurance Code effective January 1, 1990, requires that any Title Insurance Company, underwritten Title Company, or controlled Escrow Company handling funds in an escrow or sub-escrow capacity, wait a specified number of days after depositing funds, before recording the transaction or disbursing to be is funds. This statute allows for funds deposited by wire transfers in connection n ction with i the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. If you have any qu estions t'ton Y q s about the effect of this new law, lease p contact your r local 'tails. Y First American Office for more NOTE: This report is subject to a cancellation charge as required by Sections 12404, et seq., of th of the State of California and Rule No. 2 of Department of Insurance Bulletin No. Ns. 35 E. e Insurance Code N.O. H Altm/p Page 9 E:r� ^5 1 1 Vrder No. 385544 4 ,y NOTICE In accordance with Sections 18805 and 2613I of the Revenue and Taxation Code, a buyer may be required to withhold an amount equal to three and one-third percent of the sales price in the case of the disposition of California real property interest by either: 1. A seller who is an individual with a last known street address outside of California or when the disbursement instructions authorize the proceeds be sent to a financial intermediary of the seller, OR 2. A corporate seller which has no permanent place of business in California. The buyer may become subject to penalty for failure to withhold an amount equal to the greater of 10 percent a of the mount required to be withheld or five hundred dollars (S500.00). However, notwithstanding any other provision included in the California statutes referenced above, no buyer will be required to withhold any amount or be subject to penalty for failure to withhold if: 1. The sales price of the California real property conveyed does not exceed one hundred thousand dollars (S I00,000), OR 2. The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a resident of California, or if a corporation, has a permanent place of business in California, OR 3. The seller, who is an individual, executes a written certificate, under the penalty of perjury, that the California real property, being conveyed is the seller's principal residence (as defined in Section 1034 of the Internal Revenue Code). The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement. The California statues referenced above include provisions which authorize the Franchise Tax Board to grant reduced withholding and waivers from withholding on a case-by-case basis. y The parties to this transaction should seek an attorney's, accountant's, or other tax specialist's opinion concerning the effect of this law on this transaction and should not act on any statements made or omitted by the escrow or closing officer. Form No. 4001 (3/92) EXHIBIT Y^o ' 1 • 1/ P .Ta ` I ' ^'L=•71 � rsn i 016 Si'vt E t7 3 J1J I STA'P' 211•fC L.i C.C S N N 1 ?iJ 7?4<L Ik1E LINt Qw J PO(77!0F4 SEC. J;An N 70 • �� is \�� ;s5•sc'.,,i \. \• �" ; � +sue I f 'r. 1l '+.rr ro J17-1� I depicted hereon. You should col rely up_n it L any purpmw o:ldcd than Pri.r; :f,n to the genedal 1-/X COO£ location of the Il.:uccl f:..:" r. d-pdacJ, Iilst American expressly dr,cl..l:,.:: :.., :..',idly lot :dleged /7 g— 2 loss or damage which rich; IL-Lill t:em relianLe upon rf'� this map. �•• 't'e ►omA /7 f— 400 flee[ ya+ x I PAR C£L a ' 1 f,uA Tj 1 � 1 C Ig � I 13K-00 z 6 d� fr •� '4 a \ O tAj W ? 'rN. PARCCC cc Ct i 1 2 1 400' 1 Z CAE£ 0 1 y fI 1CL v103f' LS t• NLlJ aK e0 .C. jri 18 C( ASS£35OR'S MAP COL/NrY Of SA.V .vArco CA. � _ !_ ! r Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-93-103 Meeting 93-19 September 22, 1993 AGENDA ITEM Proposed Addition of Bartels Property to the Mt. Umunhum Area of Si Azul Open Space Preserve 1 4i _ ACTING GENERAL MANAGER'S RECOMMENDATIONS 1. Adopt the attached resolution authorizing purchase of the Bartels property. 2. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the Bartels property an addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve. 3. Indicate your intention to withhold the property from dedication as public open space at this time. DESCRIPTION (see attached maps) The Bartels property is located along Herbert Creek, east of Mt. Umunhum. It is generally encircled by District lands that form the southern portion of Sierra Azul Open Space Preserve. This portion of the Preserve contains the Herbert Creek watershed and is unique in that it encompasses a nearby pristine wilderness. As one looks across the watershed from Bald Mountain, there appears to be an absence of roads, structures, and utilities. The Bartels property lies in the center of this wilderness and could someday provide a major link in a trail system that potentially connects Mt. Umunhum, Almaden Reservoir, Almaden Quicksilver County Park, Bald Mountain, and Loma Prieta. The Bartels property is an irregular shaped 56-acre parcel that is adjacent to Sierra Azul Open Space Preserve and south of Bald Mountain. The property is bounded by District land to the north and southwest and private property is located to the east, south and northwest. Alamitos Road connects to the property along the north boundary. The parcel's most important attribute is the Herbert Creek riparian corridor lying on the southerly side of Alamitos road. It contains a perennial creek that runs generously, even during past drought years. The creek drains an enormous watershed that is delineated by Loma Prieta Road, Mt. Open Space . . . for room to breathe 20th Anniversary 1972-1992 330 Distel Circle • Los Altos, California 94022-1404 Phone: 415-691-1200 • FAX: 415-691-0485 General Manager:Herbert Grench Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit I f R-93-103 Page 2 Umunhum Road, and Bald Mountain. The property is best characterized by dense forest. It has moderate to steep north and south- facing slopes. The majority of the property, located to the south of Herbert Creek, is mixed evergreen forest comprised of Douglas fir, California bay laurel, alder, and oaks. The area is part of a long ridge that connects to Lorna Prieta Road. There is a dense riparian corridor along Herbert Creek while the slope to the north is primarily chaparral. This chaparral covered slope forms the bottom toe of a prominent ridge that ascends to Mt. Umunhum Road. The ridge and other areas on the north side of the creek were burned by a wildfire in the 1960's. Access to the property is from Alamitos Road which is directly south of Almaden Reservoir. P PertY Y Alamitos Road is, in part, a county maintained road through the Twin Creeks residential area, continuing west alongside Herbert Creek. The road becomes private before it enters the existing District land and the Bartels property. Near the north-central boundary of the property, the road splits in three directions. A driveway continues south to the residential area of the property, another extends west to a flat storage area along Herbert Creek, and a third driveway turns north and east, connecting to a private parcel. There are two areas on the property that have been developed for residential use and storage. There is a graded area south of Herbert Creek where there is a house trailer, sheds and other accessory structures and improvements. A second area, located further west and north of the creek, is used for storage of a boat, trailer and other materials. This storage area will be cleared of materials under the terms of the Purchase Agreement. USE AND MANAGEMENT PLAN Planning; Considerations The property is in the unincorporated area of Santa Clara Count and zoned Hillside P Pe Y � Y requiring a 20-160 acre minimum lot size. County plans identify a proposed trail corridor along Hicks Road and Alamitos Road on the southern side of Almaden Quicksilver County Park. Alamitos Road is also shown as a local road needing scenic protection. The parcel is rated in the District's Open Space Master Plan as having moderate to high composite open space values. The property is important in terms of potential outdoor recreation. Historically, hiking and equestrian trails have passed through this area and connected to Bald Mountain and Mt. Umunhum Road. Remnants of these trails can be found on the south-facing slope of Bald Mountain and on the prominent ridge above the headwaters of Herbert Creek. These trails could potentially be reinstated, with some realignments, to form a loop trail originating from the junction of Mt. Umunhum Road and Bald Mountain Trail. In the longer term, assuming future acquisitions are possible, the described loop trail could have connections towards Alamitos Road and Loma Prieta Road. i R-93-103 Page 3 The current owner of the property will continue to reside in the residential area under the terms of the purchase, utilizing the District's standard form of Lease Agreement. Preliminary Use and Management Plan Recommendations Dedication: Indicate your intention to withhold the property from dedication as public open space at this time. Name: Name the property as an addition to the Mt. Umunhum area of the Sierra Azul Open Space Preserve. i Signs: Install private property and preserve boundary signs where appropriate. Clean-up: Monitor the clean-up of the storage area by seller. Lease: Monitor the conditions of the residential lease to ensure compliance. TERMS This property was listed May 5, 1993 at a price of$495,000, significantly above its market value. The purchase price of $325,000 to the District is considered to be fair and reasonable for this 56-acre single family homesite. The homesite area, which is currently occupied by the seller's mobile home, will be leased back to the seller at $300 per month (escalated at 5% per year) for up to ten years utilizing the District's standard form of Lease Agreement. Prepared by: Del Woods, Senior Open Space Planner Contact person: L. Craig Britton, Acting General Manager Mn I WOODS ROA L 16 AT. UMUNHUM ROAD 111-9 .......... "50 PTION I V TO ACQUIRE "I SANTA CLARA N JOSE WAI EWK :PROPOSED ACQUISI I IN 1BARTELS) SAN JOSE WATER WORKS SITE MAP: PROPOSED ADDITION TO THE MT. UMUNHUM ARE SIERRA AZUL OPEN SEP 1993 ,M) Scale: 1" = 2000'-0' North 01, PA", Lands of MROSD Old trail to Bald Mountain \ Alamitos Road (Private Ridge with upper trail to Mt. Umunhum Road — �— Herbert Creek _ r _ Storage Area Residential Area Road to Private Parcel Private Property PROPOSED BARTELS ADDITION TO SIERRA AZUL OPEN SPACE PRESERVE RESOLUTION 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 ACTING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF BARTELS) i The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between Roger Bartels and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certificate of Acceptance on behalf of the District. Section Three. The Acting General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The Acting 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 Acting General Manager of the District is authorized to expend up to $2,000 to cover the cost of title insurance, escrow fees, site clean-up, and other miscellaneous costs related to this transaction. Resolution Page 2 Section Five. It is intended, reasonably expected and hereby authorized that the District's general fund will be reimbursed in the amount of$325,000 from. the proceeds of the next long term District note issue. This Section of this Resolution is adopted by the Board of Directors of the Midpeninsula Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been, or reasonably are expected to be reserved or allocated on a long-term basis, or otherwise set aside to pay the costs of this open space land acquisition project which are to be paid or reimbursed out of proceeds of indebtedness to be issued by District. The Board of Directors hereby declares District's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. I PURCHASE AGREEMENT This Agreement is made and entered into by and between Roger Bartels, hereinafter called "Seller" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, hereinafter called "District . " WITNESSETH WHEREAS, Seller is the owner of certain real property which has open space and recreational value, located within an unincorporated area of the County of Santa Clara, and being more particularly described within the body of this Agreement; and WHEREAS, Seller entered into that certain "Exclusive Authorization and Right to Sell" agreement with Joe Beatty Real Estate on May 5, 1993, thereby offering said real property for sale to the general public; and WHEREAS, District was formed by voter initiative to solicit and receive conveyances of real property by purchase, exchange, gift, or bargain purchase for public park, recreation, scenic and open space purposes; and WHEREAS, District desires to purchase said property for open space preservation and as part of the ecological and aesthetic resources of the midpeninsula area; and WHEREAS, Seller wishes to sell and convey the entirety of said property to District, and District wishes to purchase said property upon the terms and conditions set forth herein . NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED as follows : 1 . Purchase and Sale . Seller agrees to sell to District and District agrees to purchase from Seller, Seller ' s real property located within an unincorporated area of the County of Santa Clara, State of California, containing approximately fifty six (56) acres, more or less, and commonly referred to as Santa Clara County Assessors Parcel Number 562-22-030 . Said property being further described in the Legal Description attached to Preliminary Title Report number 7360260 dated July 13, 1993 from Gateway Title Company, a copy of said preliminary title report attached hereto as Exhibit "A", and incorporated herein by this reference . Said property to be conveyed together with any easements, rights of way, or rights of use which may be appurtenant or attributable to the aforesaid lands, and Purchase Agreement - Bartels Page 2 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 Twenty Five Thousand and No/100 Dollars ($325, 000 . 00) , payable in cash at the Closing (as further defined herein . ) 3 . Escrow. Promptly upon execution of this Agreement, in accordance with Section 15 herein, an escrow shall be opened at Gateway Title Company, 201 Saratoga Avenue, Los Gatos, CA 95030, phone number (408) 399-7733, 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 September 30, 1993, provided, however, that the parties may, by written agreement, extend the time for Closing. The term "Closing" as used herein shall be deemed to be the date when Escrow Holder causes the Grant Deed (as defined below) to be recorded in the Office of the County Recorder of Santa Clara County . (b) Seller and District shall, during the escrow period, execute any and all documents and perform any and all acts reasonably necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agreement . (c) Seller shall deposit into the escrow on or before the Closing an executed and recordable Grant Deed covering the Property . (d) District shall deposit into the escrow, on or before the Closing: Purchase Agreement - Bartels Page 3 (i) The required Certificate of Acceptance for the Grant Deed, duly executed by District and to be dated as of the Closing. (ii) District 's check payable to Escrow Holder in the amount of Three Hundred Twenty Five Thousand and No/100 Dollars ($3 2 5, 000 . 00) (e) Seller shall pay for the escrow fees, the CLTA Standard Policy of Title Insurance, if required by District, and all recording costs and fees . All other Costs or expenses not otherwise provided for in this Agreement shall be apportioned or allocated between District and Seller in the manner customary in Santa Clara County. All current property taxes on the Property shall be handled in accordance with Section 4986 of the Revenue and Taxation Code of the State of California . (f) Seller shall cause Gateway Title Company, or other title company acceptable to District and Seller, to be prepared and committed to deliver to District a CLTA standard coverage Policy of Title Insurance, dated as of the Closing, insuring District in the amount of ($325, 000 . 00) for the Property showing title to the Property vested in fee simple in District, subject only to: (i) current real property taxes; and (ii) such additional title exceptions as may be approved in writing by District prior to the closing as determined by District in its sole and absolute discretion . (g) Escrow Holder shall, when all required funds and instruments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled, cause the Grant Deed and attendant Certificate of Acceptance to be recorded in the Office of the County Recorder of Santa Clara County . Upon the Closing, Escrow Holder shall cause to be delivered to District the original of the policy of the title insurance if required herein, and to Seller Escrow Holder ' s check for the full purchase price of the Subject Property (less Seller ' s portion of the expenses described in Section 3 (e) ) , and to District or Seller, as the case may be, all other documents or instruments which are to be delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall return all monies, documents or other things of value deposited in the escrow to the party depositing the same . 4 . Ricrhts 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 Purchase Agreement Bartels Page 4 further obligations hereunder, except as otherwise provided herein . Upon any such termination of escrow, all parties hereto shall be jointly and severally liable to Escrow Holder for payment of its title and escrow cancellation charges (subject to rights of subrogation against any party whose fault may have caused such termination of escrow) , and each party expressly reserves any other rights and remedies which it may have against any other party by reason of a wrongful termination or failure to close escrow. 5 . Leases or Occupancy of Premises . Seller warrants that there exist no oral or written leases or rental agreements affecting all or any portion of the Subject Property. Seller further warrants and agrees to hold District free and harmless and to reimburse District for any and all costs, liability, loss, damage or expense, including costs for legal services, occasioned by reason of any such lease or rental agreement of the Property being acquired by District, including, but not limited to, claims for relocation benefits and/or payments pursuant to California Government Code Section 7260 et sea. Seller understands and agrees that the provisions of this paragraph shall survive the close of escrow and recordation of any Grant Deed(s) . 6 . Seller ' s Representations and Warranties . For the purpose of consummating the sale and purchase of the Property in accordance herewith, Seller represents and warrants to District that as of the date this Agreement is fully executed and as of the date of Closing: 6 . 01 Authority . Seller has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder . 6 . 02 Valid an . BindingAgreements . 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 Purchase Agreement - Bartels Page 5 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 in and defend District from and against any claims made by any third party which are based upon any inaccuracy in the foregoing representations . 7 . Intearity 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, except as may be necessary to clean the site in accordance with Section 13 herein . Such changes shall include but not be limited to grading, excavating or other earthmoving activities, cutting or removing trees, shrubs, brush or other vegetation, and damaging or demolition of improvements or structures on the Property. 8 . Hazardous Substances . "Hazardous substance" as used herein means and includes polychlorinated biphenyls (PCB ' s) , benzene, asbestos or any other substance the placement, storage or removal of which is prohibited or regulated by federal, state or local law. (a) Seller warrants and represents that : (i) During Seller ' s ownership of the Property Seller has not placed or stored or allowed to be placed or stored any hazardous substance on the Property . (ii) Seller has no knowledge of the presence on the Property of any hazardous substance, whenever or however placed or stored. (b) If hazardous substances are subsequently found to exist on the Property, District may exercise its right to bring an action if necessary to recover cleanup costs from Seller or any other person or persons who are ultimately determined to have responsibility for the hazardous substances on the Property . However, under no circumstances shall Seller beheld liable for costs other than those incurred in the cleanup of the hazardous substances resulting from Seller ' s ownership and operation of the property . 9 . Waiver of Statutory Com-pensation . Seller and District understand and agree that Seller may be entitled to receive the fair market value of the Property described in Exhibit "A", as provided for by the Federal Uniform Relocation Assistance and Real Property Purchase Agreement - Bartels Page 6 Acquisition Act of 1970 (Public Law 91-646) the Uniform Relocation Act Amendments of 1987 (Public Law 100-17) , Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Statutes, 246-256) , and California Government Code Section 7267, and following . Seller hereby waives any and all existing and/or future rights Seller may have to the fair market value of said Property, appraisals, etc . , as provided for by said Federal Law and any corresponding California Government Code Sections . 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 upon transfer of title . 11 . _Grace Period and Holdover Tenancy . In the event Seller does not, or is not able to, vacate the Subject Property on or before close of escrow, District agrees to rent the property and all improvements thereon immediately thereafter to seller at the rate of Three Hundred and No/100 Dollars ($300 . 00) per month, for up to ten years, escalated at the rate of five percent (50) per year from the closing, utilizing the District ' s standard form of Residential Rental Agreement, attached hereto as Exhibit "B" and incorporated herein and made a part hereof by this reference . 12 . E-elocation Knowing Waiver . As stated in the recitals hereinabove, Seller has listed the Property for sale on the open market and as such, Seller acknowledges that he understands the relocation benefits and/or payments that may be available to him, including, but not limited to : relocation advisory assistance, rental differential payments, purchase differential payments, interest differential payments, reasonable moving 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 se . ) ; and further, Seller acknowledges receiving the booklet entitled "Residential Relocation Assistance Program" from District, and Seller having read and understood said booklet, does hereby knowingly waive any and all of such relocation assistance and/or benefits that may be available to Seller (or those claiming through Seller) . 13 . Removal of Personal Property and Debris . It is understood and* agreed that located near the Westerly line of the Property being acquired by District are many items of real and personal property of Seller including : one forty foot brown trailer, one boat, PVC pipe and miscellaneous gardening and building materials which are not being acquired by District . It is agreed that Seller shall remove any Purchase Agreement - Bartels Page 7 and all of these items from the Property on or before six (6) months following the Closing, and leave the Property in a neat and clean condition . It is further agreed that from the amount payable under Section 2 of this agreement, Escrow Holder is authorized to withhold the sum of Five Thousand Dollars ($5, 000 . 00) , to cover District ' s costs of removing said items in the event Seller fails to perform or to leave the premises in a clean and respectable condition . Escrow Holder shall release said $5, 000 . 00 to Seller at any time Seller completes the clean-up and removal to District ' s satisfaction, which satisfaction shall be expressed in writing. If Seller does not complete such clean-up and removal, District shall give Seller notice of any deficiency (to be corrected within ten (10) days) . If Seller does not complete the removals and clean-up within the said ten (10) days, District shall have the same completed and deduct such expenses from the $5, 000 . 00 so withheld . The remaining balance, if any, shall be released by Escrow Holder to Seller upon written notice from District . Seller will be responsible for removal of the main trailer and cleanup of personal property and debris around said trailer at the end of the holdover tenancy period, and District will have no responsibility for same . 14 . Miscellaneous Provisi ons . 14 . 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 . 14 . 02 Attorneval Fees . If either party hereto incurs any expense, including reasonable attorneys ' fees, in connection with any action or proceeding instituted by reason of any default or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover from the other party reasonable expenses and attorneys ' fees in the amount determined by the Court, whether or not such action or proceeding goes to final judgment . In the event of a settlement or final judgment in which neither party is awarded all of the relief prayed for, the prevailing party as determined by the Court shall be entitled to recover from the other party reasonable expenses and attorneys ' fees . 14 - 03 Amendment an 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 Purchase Agreement - Bartels Page 8 warranties made by the other party contained in this Agreement or in any documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the covenants contained in this Agreement or the performance of any obligations of the other party; or (iv) waive the fulfillment of any condition that is precedent to the performance by such party of any of its obligations under this Agreement . Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. 14 . 04 Riahts 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 . 14 . 05 Notices . Whenever any party hereto desires or is required to give any notice, demand, or request with respect to this Agreement (or any Exhibit hereto) , each such communication shall be in writing and shall be deemed to have been validly served, given or delivered at the time stated below if :, (i) deposited in the United States mail, registered or certified and return receipt requested, with proper postage prepaid; or (ii) delivered by Federal Express or other private messenger, courier or other delivery service; or (iii) sent by facsimile transmission by telex, telecopy, telegraph or cable or other similar electronic medium, addressed as indicated as follows : Seller : Roger Bartels c/o Joe Beatty Real Estate- (Gary Beck) 7172 Anjou Creek Circle San Jose, CA 95120 (4 08) 2 68-4 0 62 FAX: (408) 927-0225 District : Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 . Attn : L. Craig Britton, Acting General Manager (415) 691-1200 Fax : (415) 691-0485 Purchase Agreement - Bartels Page 9 Copy To : Stanley R. Norton, Esq. 407 Sherman Avenue Palo Alto, CA 94306 (415) 324-1366 Fax : (415) 327-9151 If sent by telegraph, cable, telecopy or other facsimile transmission, a conformed copy of such notice shall 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 indicated 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 . Any party may change its address for such communications by giving notice thereof to the other parties in conformity with this Section . Nothing contained in this Section or otherwise in this Agreement shall excuse any party from giving oral telephonic notice when prompt notification is appropriate, but any oral telephonic notice which is so given shall not satisfy the requirement of written notice as specified in this Section . The foregoing provisions regarding the giving of notice by any party shall. be applicable to all notices given hereunder or under any of the Exhibits hereto . 14 . 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 . 14 . 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 . 14 . 08 Waiver . No waiver of an term provision or y p 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 . Purcha se Agreement Bartels Page 10 14 . 09 Entire Agreement. This Agreement is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes a complete and exclusive statement of the terms and conditions thereof, and it supersedes any and all prior correspondence, conversations, negotiations, agreements or understandings relating to the same subject matter . 14 . 10 Time of Essence . Time is of the essence of each provision of this Agreement in which time is an element . 14 . 11 Survival f 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 . 14 . 12 A�saanm n . 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 . 14 . 13 Fur her D-QQuments and Acts . Each of the parties heret o to 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 . 14 . 14 Binding on Successor and Assians . This Agreement and all of its terms, e ms conditions Lion, ., a n 1 c 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 . 14 . 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 fr om and ag ainst st an and all 1 costs,s, 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 - Bartels Page 11 14 . 16 Cap ion . Captions are provided herein for convenience only and they form no part of this Agreement and are not to serve as a basis for interpretation or construction of this Agreement, nor as evidence of the intention of the parties hereto . 14 . 17 Pronoun Ref_Qrences . 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 . 15 . Acceptance . Provided that this Agreement is signed by Seller and returned to Di ct on or before August 10, 1993 District shall have until midnighVeptember 22, 1993 to accept and execute this Agreement and during said period this instrument shall constitute an irrevocable offer by Seller to sell and convey the Property to District for the consideration and under the terms and conditions herein set forth. As consideration for the tender of said offer, District has paid and seller acknowledges the receipt of the sum of Ten Dollars ($10 . 00) . Provided that this Agreement is accepted by District, this transaction shall close as soon as practicable in accordance with the terms and conditions set forth herein . 1/t i Purchase Agreement - Bartels Page 12 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed b their duly authorized f Y y a t orized officers to be effective as of the date of final execution Dis trict istrict in accordance with h_ t e terms hereof . MIDPENINSULA REGIONAL OPEN PACE - G SE R DISTRICT / i 1 APPROVED A TO FORM: Roger artels ��- Date Stanley Nor on, District Counsel RECO NENDE FOR APPROVAL : L. Craig Britton, Acting General Manager APPROVED AND ACCEPTED : President, Board of Directors ATTEST: District Clerk Date: Supplemental Report Escrow Number: 736-7360260-721 GATEWAY TITLE COMPANY Escrow officer: Pat Theiss Policy(ies) contemplated: California Land Title Association Standard Coverage Policy - -------- -- - - - - -- -- - GARY BECK Property Address: 7172 ANJOU CREEK CIRCLE SAN JOSE, CA 95113 23760 ALAMITOS ROAD #88, UNINCORPORATED AREA SAN JOSE, CALIFORNIA ATTN: GARY BECK Dated JULY 13, 1993 at 7:30 A.M. SCHEDULE A The estate 'or interest in the land described or referred to in this schedule covered by this report is: A FEE AS TO PARCEL ONE, AN EASEMENT AS TO PARCEL(S) TWO Title to the said estate or interest at the date hereof is vested in: ROGER BARTELS, AN UNMARRIED MAN The land referred to in this report is situated in the City of Unincorporated Area, County of Santa Clara, State of California, and is described as follows: DESCRIPTION CONTAINED IN "EXHIBIT All attached hereto and made a part hereof. -- ---- -------- ----- --- - -- - -- -- - --- -- --- ---- -- -- --- - - - - -- -- - - - -- - - - - - - Supplemental Report - Schedule A Gateway Title Company - 201 Saratoga Avenue Los Gatos, CA 95030 Santa Clara County * 408-399-7733 EXFIIQIT Page�of Supplemental Report GATEWAY TITLE COMPANY Escrow Number: 736-7360260-721 EXHIBIT A PARCEL ONE: IN THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, NORTHEAST 1/4 OF THE SOUTHWEST 1/4; NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4; NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4; NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4; ALL IN SECTION 16, TOWNSHIP 9 SOUTH, RANGE 1, EAST, M.D.B. & M. EXCEPTING THEREFROM ALL THE LAND THAT LIES NORTHERLY OF THE CENTER LINE OF HERBERT CREEK IN THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 16. PARCEL TWO: A RIGHT OF WAY FOR INGRESS AND EGRESS OF PEDESTRIANS AND VEHICLES APPURTENANT TO PARCEL ONE, HEREINABOVE DESCRIBED, OVER A STRIP OF LAND 16 FEET IN WIDTH, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH BEARS N. 4 DEGREES 16' E. 247 .4 FEET FROM THE POINT OF INTERSECTION OF THE LINE DIVIDING SECTIONS 15 AND 16 IN TOWNSHIP 9 SOUTH, RANGE 1 EAST, WITH THE 1/4 SECTION LINE RUNNING EAST AND WEST THROUGH SAID SECTIONS 15 AND 16; RUNNING THENCE FROM SAID POINT OF BEGINNING N. 72 DEGREES 26' E. 19 .32 FEET; N. 50 DEGREES 02' E. 96.5 FEET; N. 75 DEGREES 50' E. 75 .65 FEET; N. 20 DEGREES 07' E. 44 .34 FEET; N. 43 DEGREES 42' E. 138 .65 FEET; N. 86 DEGREES 06' E. 47.45 FEET, N. 61 DEGREES 10' E. 52 .62 FEET; N. 42 DEGREES 52' E. 76.65 FEET; N. 32 DEGREES 51' E. 72 .45 FEET; N. 33 DEGREES 28' E. 47.74 FEET; N. 69 DEGREES 06' E. 65 .3 FEET TO A POINT KNOWN AS STATION 86 OF THE ALAMITOS ROAD, AND THE TERMINUS THEREOF, AND BEING SITUATE WITHIN THE WEST 1/2 OF THE NORTHWEST 1/4 OF SECTION 15, TOWNSHIP 9 SOUTH, RANGE 1 EAST, M.D.B. & M. - -- - - -- ---- - - - - - --- - -- - - - -------- - -- ---------- --------- - ----- --- --- - -- - - - - - -- - Supplemental Report - Schedule A Gateway Title Company - 201 Saratoga Avenue Los Gatos, CA 95030 Santa Clara County * 408-399-7733 EXHIBIT Page_ 9f SCHEDULE B Supplemental Report GATEWAY TITLE COMPANY Escrow Number: 736-7360260-721 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 COUNTY TAXES FOR FISCAL YEAR 1993-1994, A LIEN NOT YET DUE OR PAYABLE. 2 . THE LIEN OF SUPPLEMENTAL TAXES, IF ANY ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3 .5, REVENUE AND TAXATION CODE, SECTIONS 75 ET SEQ. OF THE STATE OF CALIFORNIA. 3 . TAX DEFAULT FOR DELINQUENT TAXES ASSESSED FOR FISCAL YEAR 1991-92 AND SUBSEQUENT YEARS. BILL/NO. : 562-22-030 CODE: 72-007 REDEMPTION TABLE: $473 .99 AUGUST 31, 1993 $479 .38 SEPTEMBER 30, 1993 $484 .79 OCTOBER 31, 1993 4 . ANY ADVERSE CLAIM BASED UPON THE ASSERTION THAT: -' (A) SOME PORTION OF SAID LAND HAS BEEN CREATED BY ARTIFICIAL MEANS, OR HAS ACCRETED TO SUCH PORTION SO CREATED. (B) SOME PORTION OF SAID LAND HAS BEEN BROUGHT WITHIN THE BOUNDARIES THEREOF BY AN AVULSIVE MOVEMENT OF HERBERT CREEK OR HAS BEEN FORMED BY ACCRETION TO ANY SUCH PORTION. 5 . RIGHTS AND EASEMENTS FOR NAVIGATION AND FISHERY WHICH MAY EXIST OVER THAT PORTION OF SAID LAND LYING BENEATH THE WATERS OF HERBERT CREEK. 6 . AN EASEMENT FOR THE FREE AND NATURAL FLOW OF WATER OVER AND THROUGH SO MUCH OF SAID PROPERTY THAT LIES WITHIN HERBERT CREEK, AS IT EXISTS AS OF THE DATE HEREOF. 7 . WATER RIGHT, CLAIMS OR TITLE TO WATER ON OR UNDER THE LAND, WHETHER OR NOT SHOWN BY THE PUBLIC RECORD. $ . DEED OF TRUST TO SECURE PAYMENT AND ANY OTHER AMOUNTS/OBLIGATIONS SECURED THEREBY. AMOUNT: $90,000.00 DATED: MARCH 17, 1982 TRUSTOR: JERRY L. SHRUM, TRUSTEE, DONALD FLETSCHER, TRUSTEE AND DAVID TEFFT, TRUSTEE TRUSTEE: WESTERN TITLE INSURANCE COMPANY, A CORPORATION BENEFICIARY: RICHARD L. GLEASON, 1/6 INTEREST, POLLY J. GLEASON, 1/6 INTEREST, PAULINE R. BLAYLOCK, 1/3 INTEREST, C. ERROL FLETCHER AND LOETTE W. FLETCHER, HIS WIFE, AS JOINT TENANTS 1/3 -------- ---- - - - - - Supplemental Report - Schedule B PAGE 1 Gateway Title Company - 201 Saratoga Avenue Santa Clara County * 408-399-7733 EXHIBIT i ' e A7 SCHEDULE B Supplemental Report GATEWAY TITLE COMPANY Escrow Number: 736-7360260-721 INTEREST RECORDED: APRIL 28, 1982 AS INSTRUMENT NO. 7350133 IN BOOK G752 PAGE 123, OF OFFICIAL RECORDS LOAN NO. : NOT SHOWN DOCUMENT RETURNED TO:* 436 14TH ST. , OAKLAND, CA 9 . THE EFFECT OF A DOCUMENT SHOWING EASEMENTS FOR A HYDRO-ELECTRIC SYSTEM AND AN UNDERGROUND ELECTRICAL DISTRIBUTION LINE RECORDED MAY 04, 1982 IN BOOK G762 PAGE 354 . 10. CERTIFICATE OF DELINQUENT UNSECURED PROPERTY TAX IN THE AMOUNT OF $28.73 AND ANY OTHER AMOUNTS DUE IN FAVOR OF THE COUNTY OF SANTA CLARA AGAINST: BARTELS ROGER D CERTIFICATE NO. : 077684-0 RECORDED: MAY 02, 1986 IN BOOK J680 PAGE 1217, OF OFFICIAL RECORDS 11 . WILLIAMSON ACT LAND CONSERVATION AGREEMENT WITH THE COUNTY OF SANTA CLARA EXECUTED BY: THE COUNTY OF SANTA CLARA AND ROGER D. BARTELS RECORDED: FEBRUARY 20, 1987 IN BOOK K045 PAGE 316, OF OFFICIAL RECORDS THE EFFECT OF THAT CERTAIN "RESOLUTION ALTERING BOUNDARIES OF THE AGRICULTURAL PRESERVE IN THE COUNTY OF SANTA CLARA RECORDED FEBRUARY 18, 1987 IN BOOK K042 PAGE 563, OF OFFICIAL RECORDS. 12 . DEED OF TRUST TO SECURE PAYMENT AND ANY OTHER AMOUNTS/OBLIGATIONS SECURED THEREBY. AMOUNT: $40,000.00 DATED: OCTOBER 14, 1988 TRUSTOR: ROGER BARTELS, AN UNMARRIED MAN TRUSTEE: PEELLE FINANCIAL CORPORATION, A CALIFORNIA CORPORATION BENEFICIARY: WILLIAM E. ROBERTS & MARILYNN L. ROBERTS, 1988 TRUST AS TO AN UNDIVIDED 37 .50 PERCENT INTEREST AND ROBERT D. HONEYWELL AND JANET L. HONEYWELL, HUSBAND AND WIFE AS JOINT TENANTS AS TO AN UNDIVIDED 62.50 PERCENT INTEREST RECORDED: NOVEMBER 30, 1988 AS INSTRUMENT NO. 9927742 IN BOOK K770 PAGE 1387, OF OFFICIAL RECORDS LOAN NO. : NOT SHOWN DOCUMENT RETURNED TO: E. F. FOLEY & CO. , INC. 1261 LINCOLN AVE. , SAN DOSE, CA - --------- ----- --------------------- Supplemental Report - Schedule B PAGE 2 Gateway Title Company - 201 Saratoga Avenue Santa Clara County * 408-399-7733 EXHIBIT Page of SCHEDULE B Supplemental Report GATEWAY TITLE COMPANY Escrow Number: 736-7360260-721 13 . CERTIFICATE OF DELINQUENT UNSECURED PROPERTY TAX IN THE AMOUNT OF $154 .39 AND ANY OTHER AMOUNTS DUE IN FAVOR O OF THE COUNTY OF SANTA CLAP.A AGAINST: BARTELS ROGER D CERTIFICATE NO. : 018421-7 RECORDED: NOVEMBER 01, 1991 IN BOOK L913 PAGE 733, OF OFFICIAL RECORDS 14 . CERTIFICATE OF DELINQUENT UNSECURED PROPERTY TAX IN THE AMOUNT OF $349 .96 AND ANY OTHER AMOUNTS DUE IN FAVOR OF THE COUNTY OF SANTA CLARA AGAINST: BARTELS ROGER D CERTIFICATE NO. : 080888-8 RECORDED: NOVEMBER 06, 1992 IN BOOK M473 PAGE 0797, OF OFFICIAL RECORDS 15 . JUDGMENT IN THE AMOUNT OF $5,028.92 AND ANY OTHER AMOUNTS DUE CASE NO. : DC92 249255 ENTRY DATE: AUGUST 27, 1992 DEBTOR: ROBERT D. BARTELS CREDITOR: WELLS FARGO BANK, N.A. RECORDED: DECEMBER 03, 1992 IN BOOK M521 PAGE 0361, OF OFFICIAL RECORDS 16 . THE RIGHT OF THE PUBLIC OVER ANY AND ALL ROADS, OR TRAILS, WHICH MAY EXIST OVER SAID LAND - -- - - - - -- - -- - -- - - - - - - Supplemental Report - Schedule B PAGE 3 Gateway Title Company - 201 Saratoga Avenue Santa Clara County * 408-399-7733 EXpIIBI Supplemental Report GATEWAY TITLE COMPANY Escrow Number: 736-7360260-721 N O T E S A N D R E Q U I R E M E N T S (A) TAX INFORMATIONAL NOTE: COUNTY TAXES FOR FISCAL YEAR 1992-93, ARE BEING SHOWN FOR PRORATION PURPOSES ONLY AS FOLLOWS: BILL/AP NO. : 562-22-030 CODE: 72-007 1ST INSTALLMENT: $90.44 2ND INSTALLMENT: $90.44 SAID AMOUNTS ARE INCLUDED IN THE TAX DEFAULT SHOWN IN THIS REPORT. (B) "THE REQUIREMENT THAT THIS COMPANY BE FURNISHED A STATEMENT OF IDENTITY FROM ALL PRINCIPALS TO THE CONTEMPLATED TRANSACTION AND THAT THE SAME BE FURNISHED AT LEAST THREE DAYS PRIOR TO CLOSE. " (C) NOTE: THE SALE OF SAID PROPERTY IS SUBJECT TO A CITY CONVEYANCE TAX OF $1.65 PER $500.00 (OR FRACTION THEREOF) BASED UPON THE FULL VALUE OF THE SALES PRICE. (THIS IS IN ADDITION TO THE COUNTY TRANSFER TAX OF .55 PER $500.00 OR FRACTION, WHICH MAY BE BASED ON EQUITY TRANSFERRED) . AFFECTS: PROPERTY WITHIN THE CITIES OF SAN JOSE, PALO ALTO AND MT. VIEW. (D) NOTE EFFECTIVE JULY 1, 1985, SECTIONS 480.3 AND 480.4 OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA REQUIRES THAT A "PRELIMINARY CHANGE OF OWNERSHIP REPORT" BE ATTACHED TO EACH RECORDED DOCUMENT AFFECTING A CHANGE IN OWNERSHIP. IN THE EVENT A REPORT IS NOT ATTACHED TO SUCH DOCUMENTS, OR THAT SAID REPORT IS INCOMPLETE, PROVISIONS IN SAID SECTIONS ALLOW FOR THE COLLECTION OF A $20.00 FEE IN LIEU THEREOF. (E) NOTE: THE COUNTY OF SANTA CLARA IMPOSES AN ADDITIONAL MONUMENT PRESERVATION FEE OF $10.00 FOR RECORDING A DEED WITH A LEGAL DESCRIPTION OTHER THAN AN ENTIRE LOT SHOWN ON A RECORDED FINAL MAP. I - --- - -- - - - - - --- - - - - - - - - Supplemental Report - Schedule B PAGE 4 Gateway Title Company - 201 Saratoga Avenue Santa Clara County * 408-399-7733 EXHIBIT Page of Supplemental Report GATEWAY TITLE COMPANY Escrow Number: 736-7360260-721 N 0 T E S A N D R E Q U I R E M E N T S (F) NOTE: NO CONVEYANCES OF THE HEREIN DESCRIBED PROPERTY WAS RECORDED DURING THE 2 YEAR PERIOD PRECEDING THE DATE OF THIS REPORT. (G) NOTE: RELATIVE TO THE CONTEMPLATED TRANSACTION, PLEASE CONSIDER THE FOLLOWING: THE FOLLOWING WILL NOT BE INCLUDED IN OR INSURED BY ANY TITLE INSURANCE POLICY ISSUED BY THIS COMPANY, BUT WILL BE INCLUDED IN THE LEGAL DESCRIPTIONS OF ANY INSTRUMENTS RECORDED "PARCEL THREE: AN EASEMENT FOR INGRESS AND EGRESS OF PEDESTRIANS AND VEHICLES AND ALL UTILITIES 40 FEET WIDE, OVER, ACROSS, AND UNDER THE PARCEL OF LAND LYING IN THE SECTION 16, TOWNSHIP 9 SOUTH, RANGE 1 EAST, MOUNT DIABLO BASE AND MERIDIAN, THE CENTER LINE OF WHICH IS THE CENTER LINE OF THE EXISTING DIRT ROAD LYING NORTHERLY OF AND ADJACENT TO HERBERT CREEK. " RATE APPLICABLE: SHORT TERM RATE ARB: 562-22-3 .3; 562-22-3 .6 APN: 562-22-030 COMPARED BY: . .. Supplemental Report - Schedule B PAGE 5 Gateway Title Company - 201 Saratoga Avenue Santa Clara County * 408-399-7733 EXHIBIT Page ��Of RE®1 I�T�T�T , p7TPMrl,l �iT 71. TITTTj'fTl --- � , V 3 � � 345- - - 7334 OFFICE OF COUNTY ASSESSOR... SANTA CLARA COUNTY, CALIFORNIA '"" — ° 0f 1:5 3 : 1` � 4 Foc i ` O 6K \ 3 / 575 dose son ti 4143 IC rv1lE /S LOr \ C uJ eta` /O a.r[ioirr. CbIO PO o\ Op fH HSG44 / ,s ,c 0 3 f l M/O ►YB. / w e. C ti < A i s 6 OAF ,,,vsq %!�o / O/ST �„ y g� �•.. Ce 4CF FC `y s2�� osT __.t' ��) a`s� tea• ` ('^ �: It '1 \\ 11! z .39�Qw.g~7 P"! TWP. 95.,KIE. 130, 1 a \ ,,O,r' 0 w /S •"IJ.JIK RESIDENTIAL LEASE AGREEMENT THIS AGREEMENT is made and entered into this day of 1993, by and between MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district (hereinafter called "District") , and Roger Bartels, (hereinafter called "Tenant") . RECITALS A. District is the owner of that certain real property consisting of 56 acres, more or less, located in the Twin Creeks area of Almaden, County of Santa Clara, State of California, as more particularly outlined on Exhibit "A" attached hereto and incorporated herein by this reference . B . District desires to lease a portion of said property, (the "Premises") as contained on Exhibit "A", to Tenant, and Tenant wishes to hire the Premises from District, upon the terms and conditions set forth herein . NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, the parties agree as follows : 1 . Lease of Premises . District hereby leases the Premises to Tenant, and Tenant hereby hires the Premises from District, for the term, at the rental, and upon the other covenants and conditions set forth herein . 2 . Termer . The term of this agreement shall commence on September 30, 1993 and shall continue thereafter on a month-to-month basis until (a) thirty (30) days after delivery of written notice by Tenant of a desire to terminate this Agreement, or (b) for a period not to exceed ten (10) years, or (c) termination pursuant to the r v ' F o i sion - P s o� this Agreement hereinafter set north . 3 . Rent . Tenant shall pay to District each month as rent for the Premises the sum of Three Hundred Dollars ($300 . 00) escalated at the rate of five percent (5%) per year, beginning September 30, 1994 and each yearly anniversary thereof during the term of this" Agreement . Said rent shall be payable in advance on the first day of each month during the .term of this Agreement to District at 330 Distel Circle Los Alto s, A a C 9 .022, or au such other address as District may from time to time designate in writing to Tenant . Subject to Paragraph 5 below, rent shall be payable only by personal check, cashier ' s check, money order, or in cash . EXHIBIT Pase —A—O Lease Agreement - Bartels Page 2 4 . Late Payments . Tenant and District acknowledge and agree that in the event that Tenant fails to pay rent on or before the fifth (5th) day after the date due, District will incur damages among other things to increased accounting costs and collection costs, the amount of which would be impractical and extremely difficult to fix . Tenant therefore agrees to Pay five percent (5%) of each such late rental payment as liquidated damages, which amount represents a reasonable approximation of the damages which are likely to result from such late payment . Such liquidated damages shall be deemed additional rent and shall be due together with rent for the delinquent period . 5 . Dishonor Checks . In the event a personal check given by Tenant to District for payment of rent shall be dishonored due to insufficient funds, District agrees to make one attempt to redeposit the first (and only the first) of such dishonored checks . In the event such check shall again be dishonored, or in the event any additional rent checks shall be dishonored, Tenant shall, after written notice from District so requesting, make all future rent payments to District by cashier ' s check, money order, or cash only, and if any such future payment is made in cash, shall deliver the same in person to District ' s business office. at the address set forth in Paragraph 3, as the same may be changed by District from time to time . 6 . 3_!2ruritv De]2osit . Tenant shall upon execution of this Agreement deposit with District the sum of (WAIVED) (the "Deposit,,) as security for the full performance and observance by Tenant of each and all of the provisions of this Agreement t be performed and observed by Tenant . District shall be en titled to use the Deposit or any portion thereof to remedy any default in payment of rent by L Tenant, to clean the Premises upon termination of this Agreement, and to repair any damage to the Premises resulting from Tenant ' s occupancy of the Premises . District shall return to Tenant within two weeks after the latter of termination of this Agreement or Tenant ' s vacation of the Premises, the entire amount of the Deposit, without interest thereon, less only such sums as District. is entitled t o apply against unpaid rent, cleaning the Premises, and/ord iring any damage thereto . District shall not be required to kee repairing p th Deposit separate from its general funds . Tenant may not -applye the Deposit to rent due under this Agreement without District 's prior consent . EXHIBIT' Pale of 0& Lease Agreement - Bartels page 3 7 . Posy 5 ory Interesfi Tax . Tenant acknowledges that Tenant ' s interest in the Premises under this Agreement may now or hereafter be subject to a possessory interest tax imposed by the County in which the Premises are situated or by other lawful governmental authority . Tenant shall pay any possessory tax prior to delinquency thereof, and shall not be entitled to offset the amount of such tax against rent payable under this Agreement . 8 . Use . Tenant understands that it is District ' s intention to preserve the open space character of the land upon which the Premises are located, and Tenant agrees to use the Premises in a manner which is consistent with such intent . Subject to the foregoing sentence, the Premises may be used as a personal residence for the following named individuals only : Roger Bartels, Danielle Bartels, Kathrine Davis, and Roger Shane Bartels, and for no other purpose without District ' s prior consent . Occupancy by guests staying more than fourteen (14) days without the prior written consent of District shall be considered a breach of the provisions regarding assignment and subletting set forth in Paragraph 16 below. Tenant shall be entitled to keep as pets and not for commercial purposes the following animals : two (2) dogs * and one (1) cat . Tenant shall not do or permit anything to be done in or about the Premises nor bring nor keep anything therein which will in any way cause a cancellation of any insurance policy covering the Premises or any part thereof, or any of its contents . Tenant shall not commit or allow to be committed any nuisance or waste in or upon the Premises, and shall not permit �ra sh or ga rbage e of an k ' t g y kind o accumulate on or about the Premises . Tenant specifically agrees not to au g cause or permit any cutting of live trees, grading of soil or huntinganimals of zls in the immediate _diate vicinity of the Premises . Tenant shall not use the Premises or permit anything to be done in or about the Premises which will in any way conflict with any law, statute, ordinance, code, rule, or regulation of lawful governmental authority, including but not limited to District ' s "Regulations for Use of Midpeninsula Regional Open Space Lands, " and any amendments thereto, which may now be in force or which may hereafter be promulgated, and Tenant shall at all times during the term of this Agreement comply with each of the same . Said regulations are attached hereto as Exhibit "B" . 9 . atilitiFIS . Tenant shall pay directly to the charging authority on or before the date when due all charges for any and all services and utilities supplied to the Premises, including but not limited to water, gas, electricity, garbage removal and telephone service . District shall not be liable for any failure or interruption of said services or utilities unless caused by the willful misconduct of District . EXHIBIT Page_ ___of-C24 Lease Agreement Bartels Page 4 10 . MaintenanQe and R_Qpair . Subject to the Prvisions below, Tenant shall, at Tenant ' s expense, maintain the Premises and every part thereof, and the personal property, shrubs, and other landscaping surrounding the Premises, in good, safe, and sanitary condition, order, and repair . Tenant shall at all times during the term of this Agreement maintain as a firebreak an area at least thirty (30) feet in width, surrounding the perimeter of the structures comprising the Premises which shall be free of all low- lying brush, dry weeds, and similar flammable materials . Tenant shall maintain said thirty (30) foot firebreak in compliance with such reasonable standards and instructions as District shall notify Tenant of in writing from time to time . All improvements are Tenant owner; District has no responsibility whatsoever for maintenance or repair . 11 . -Insurance . Tenant, at Tenant ' s sole expense, shall obtain and keep in force during the term of this Agreement a general .. i liability insurance Policy with an insurance company satisfactory to District, protecting District and Tenant against any and all liability arising from Tenant ' s use of the Pr emises, or from any occurrence, in, on, about, or related to the Premises, with a single combined property damage and personal injury limit of $300, 000 . All such public liability insurance shall insure performance by Tenant of the in obligations of Tenant set forth in Paragraph 15 hereof, and the policy shall contain a cross-liability endorsement . Tenant agrees to furnish a certificate of such insurance to District naming District as an additional insured on or prior to the date of commencement of the lease term, and again upon any renewal or modification of such insurance . No such policy of insurance shall be cancellable or subject to reduction of coverage or other modification except after thirty (30) days prior written notice to District . The limits of said insurance shall in no event be deemed to limit the liability of Tenant hereunder . 12 . Alterations . Tenant shall not make or suffer to be made any alterations, additions or improvements to or of the Premises or any part thereof, without the prior written consent of District . All such alterations, additions, and improvements shall become and remain the property of District immediately upon installation or construction thereof on the Premises unless Tenant and District shall otherwise agree in writing . 13 . Liens Tenant shall keep the Premises free from any liens arising out of any work performed, materials furnished or obligations incurred by Tenant . EXHIBIT' - 9W Page 0 f.A� Lease Agreement - Bartels Page 5 14 . Waiver Of C.laim5 . District shall not be liable to Tenant, and Tenant hereby waives any claims against District for any damage to property or injury or death to any person in, on, or about the Premises by or from any cause whatsoever . 15 . Indemnification . Tenant hereby holds District harmless from and shall defend District from and against any and all claims of liability for damage to property or injury or death to any person when such damage, injury or death shall be caused in part or in whole by the use of the Premises by Tenant or Tenant ' s invitees or contractors, or from the failure of Tenant to keep the Premises in good condition and repair, or from the breach by Tenant of any other provision of this Agreement . 16 . z.L.s,qicrnmpojt ?,nd su-blettina . Tenant shall not assign this Agreement or sublet the Premises or any interest therein without the prior written consent of District, which consent may be withheld for any reason . 17 . D_a_mace or. Qe,5truction . In the event the Premises shall be damaged or destroyed in part or ' in whole, Tenant shall assume sole responsibility to restore the Premises to substantially the same condition as existed imumediately prior to suchL�damage . District shall in no event be required to repair or replace any real or personal property installed or maintained by Tenant in or about the Premises and Tenant hereby releases District from any responsibility for Tenant ' s real or Personal property, furnishings or household goods . 18 . 12—try by Di,5trict.- District shall, at any and all reasonable times and on reasonable notice, have the right to enter the Premises to inspect the same, to post notices of non- responsibility, to repair the Premises, and to exhibit the Premises to prospective tenants . Tenant hereby waives any claim for damages for any loss Of occupancy or quiet enjoyment of the Premises occasioned thereby . 19 . DQfault by Tenant . (a) The occurrence of any of the following shall constitute a material default and breach of this Agreement by Tenant : (i) The abandonment of Premises by Tenant; . or (i) A failure by Tenant to observe and perform any provision of this Agreement to be observed or performed by Tenant . EXHIBITa Page of l Lease Agreement Bartels Page 6 (b) In the event of any such default by Tenant, then in addition to any other remedies available hereunder to District ,or at law or in equity, this Agreement and all rights of Tenant hereunder shall be terminated upon delivery by District of notice of such termination to Tenant . Upon such termination, District may recover from Tenant all amounts necessary to compensate District for all the detriment proximately caused by Tenant ' s failure to perform Tenant ' s obligations under this agreement or which in the ordinary course of things would be likely to result therefrom. (c) In addition to the remedies provided above, in the event Tenant shall fail to perform any obligation to be performed by Tenant under this Agreement, or shall fail to pay any sum required to be paid by Tenant under this Agreement, District may, but shall not be obligated to do so, perform or pay the same or cause the same to be performed or paid, and Tenant shall promptly upon demand by District therefore, reimburse to District all costs reasonably incurred by District in connection herewith, together with interest on such sums at the rate of ten percent (100) per annum from the date incurred by District until repaid if full by Tenant . 20 . Surrender; No Relocation Rights . Upon expiration or sooner termination of the term of this Agreement, Tenant shall vacate the Premises and remove all persons and personal property therefrom, and shall surrender possession of the Premises to District with the condition of the Premises as it . existed at the commencement of the germ of this Agreement, subject only to reasonable wear and tear and damage due to causes beyond the reasonable control of Tenant . ' Tenant, on behalf of Tenant, and on behalf of Tenant ' s immediate family, the members of which may occupy the Premises from time to time, hereby specifically waives any rights to, and releases District from any and all claims for, relocation benefits and/or relocation payments to which Tenant and those claiming through Tenant might otherwise be entitled pursuant to California' Government Code Section 7260 et sec . , and any similar or successor statutes . Tenant shall hold District _ harmless from and indemnify District against any and all liability, cost, and expense suffered or incurred by District and arising in connection with any such right or claim. EXH Page of Lease Agreement - Bartels Page 7 21 . clot_ices, All notices, demands, requests, or consents (collectively "notices") given hereunder by either party to the other, shall be made in writing and shall be delivered personally or by first class mail postage e prepaid, d and d ad P P dressed t follo��rs : o the parties as District : Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn : L. Craig Britton (415) 691-1200 Tenant : Roger Bartels 23760 Alamitos Road, 1.88 San Jose, CA 95120 (408) 289-9100 Notice given by mail in accordance with the requirements set forth above shall be deemed to have been posted date of mailing . delivered five (5) days after the 22 . Waiver . Waiver by District of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any othe r er ter covenant or condition herein contained . District ' s acceptance of a partial payment of rent shall not be deemed an accord an d satisfac tion, on an d shall not be deemed a waiver of District ' s right to recover the full amount thereof . 23 . nt o nPv ' s Fees . If an action shall be instituted to enforce this Agreement, the prevailing party shall be entitled to recover reasonable attorney ' s feed as fixed by the Court having jurisdiction . 24 . -Genera I (a) This Agreement contains all of the terms, covenants, and conditions agreed to by District and Tenant and supersedes any and all agreements previously made between Tenant and District with respect to the Premises . This agreement may not be modified orally or in any manner other than by a written instrument signed by both of the parties to this Agreement or their respective successors in interest . Pasoo� Lease Agreement Bartels Page (b) If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, Or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby . (c) The covenants and conditions hereof, subject to the provisions as to subletting and assignment, shall inure to the benefit of and bind the heirs, personal representatives, successors and assigns of the parties hereto . (d) The paragraph headings of this Agreement are for convenience only and are no'-L t a par of this Agreement and do not in L any way limit or amplify the terms and provisions of this Agreement . (e) All persons who have signed this Agreement as Tenant shall be jointly and severally liable hereunder . (f) This Agreement shall be governed and construed in accordance with the laws of the State of California . (g) Time is of the essence as to each and all of the provisions of this Agreement with respect to which time of performance is a factor . IN WITNESS WHEREOF, District and Tenant have executed this Agreement the day and year first above written . "District L%IIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District By L . Craig Britton Acting General Manager "TENANT" By Roger Bartels Date EXHIBIT Page of luaw=3d asua-1 lui)uoppou otp oy _-._-- dulN o,IL- „V. y1SIHX8 OFFICE OF COUF/TY ASStSSOti SANTA CLAM cou+FTY, CuuFQaFnA - 1, �62- Jose .�°3t75 \vS. �� d s p °Fi L cr, rw, ro` / 10 9 /T tr1 /\ nn N ~ �� ``vl Spy RF0/� �r'�o rOr4, X W ul ` 1 �h/ `` ip iLL fl.. \SpQCF S,o�F RFg`///� � // � w• / r\ 2 5 e ,/ J /.�� 1. i 4C i� Ar q( '� /y'i'-' '/1J7rY•'" ' .II \ '� / ' ')r / , \ •Flrt rClrr.•/Cif` lY y I P Y \ I ` \ i o of 4,,�9 ` J /} o Y •,.. T WP. 9 5., k I E. �rO rr m° k„•,,, i / O' •0f hlrr0/ \ c V o ..�.,�. :..:,. t � .•z-,r.--;: -.:��1, _ - Q l F I c t _ �t :T ZT �.� ••..!fit ..r+-, •'-�, (-�' •. ,: ` ., :, .;. •J� t � L A ••5 I, as t E X H I B I T Page J-0-0 f I__ C U v REGULATIONS FOR USE OF o a INIIDPENINSULA REGIONAL OPEN SPACE DISTRICT LANDS a (Adopted by Ordinance No. 93-1, July 28, 1993) IM F" z O x = v CHAPTER I. DEFINITIONS SECTION 100. TITLE. The following regulations shall be known as "Regulations for Use of Midpeninsula Regional Open Space District Lands" and may be referred to as "land use regulations." SECTION 101. PURPOSE. These regulations are adopted to provide responsible stewardship for District Lands, to establish orderly use, and to maintain a natural and quiet environment for persons on the lands. They are established according to the Basic Policy of the Board of Directors of Midpeninsula Regional Open Space District, adopted March 27, 1974, that "The District will follow a land management policy that provides proper care of open space land, allowing public access appropriate to the nature of the land and consistent with ecological values." SECTION 102. DEFINITIONS . Unless the context otherwise requires, the following definitions shall govern the construction and interpretation of these regulations. SECTION 103. DISTRICT. DISTRICT LANDS DEFINED. "District" means the Midpeninsula Regional Open Space District. The term "District Lands" includes all lands, structures, improvements, and waters owned, controlled, or managed by Midpeninsula Regional Open Space District. SECTION 104. PERSON DEFINED. "Person" means any individual, firm, corporation, club, municipality, district, or public agency, and all associations or combinations of persons whenever acting for themselves or by any agent, servant, or employee. SECTION 105. PERMIT OR PERMISSION DEFINED. Unless otherwise expressly provided herein, "permit" or "permission" means permission, granted in writing by the general manager or an authorized representative of Midpeninsula Regional Open Space District. SECTION 106. BOARD DEFINED. "Board" means the Board of Directors of Midpeninsula Regional Open Space District. SECTION 107. HEADINGS AND DIVISIONS. Headings and divisions are for convenience only, and shall not be considered in the interpretation of this Ordinance, and shall not in any way affect the conduct or activities covered by other sections of this Ordinance. EXHIBIT 9 Pageof CHAPTER 1I. REGULATIONS SECTION 200. GENERAL REGULATIONS. District Lands shall be open and accessible to p persons, except as may be provided by resolution, regulation, or rule of the Bo l E by individual site use and management plans adopted by the Board. x c c:a F 200.1 The Board may, by resolution, regulation, or rule, provide for a system of permits and the issuance thereof. It may by such system require permits for the use of certai, lands, exempt certain lands or classifications of permits therefrom, and establish a system of fees and other policies in connection with the administration of a permit system. 200.2 Any person entering upon District Lands shall abide by the rules and regulations of the District, the regulations or provisions of any sign or posted notice, the conditions of any permit, the lawful order or other instruction of any District ranger or police officer appointed by the Board, the laws of the State of California, and all applicable county and other local ordinances. 200.3 The provisions of this Ordinance shall not apply to employees and officials of the District acting within the scope of their authorized duties. However, District employees and officials shall abide by the laws of the State of California and all applicable county, and other local ordinances. 200.4 All District lessees, contractors provisions and consultants shall abide by Ordinance unless the provisions) conflicts with a written conntr clt oryree of this reeme the nt w'D with Distr ict. When en a conflict occurs the conditions of the written contract or agreement shall take pr ecedence. den ce. P 'Howev er, lessees, abide by the laws of the State of California and allappl cableocounty, ars, and ondsothert local ll ordinances. SECTION 201. SPECIAL REGULATIONS. Special regulations or requirements do is q no t cl re application of general regulations unless expressly indicated. preclude the CHAPTER M. GENERAL RULES SECTION 300. AUTHORITY. All sections of this Ordinance are adopted pursuant to Sections 5541, 5558, and 5559 of the Public Resources Code of the State of California, and apply to all District Lands. A title, where used, does not limit the language of a section. 2 EXH IBIT Page of SECTION 301. VTOL/ -7NS OF ORDINANCE A Iv[ISD- '.ANOR OR INFRACTION. H violati, f this Ordinance or of any rule or �-6ulation adopted by the District : a � Ii the discretion of the prosecutor or the court, a misdemeanor or infraction. (Pul Resources Code, Section 5560). z = SECTION 302. SEVERABILITY. If any chapter, section, subsection, paragraph, subparagrapr sentence, or clause of this Ordinance is, for any reason held to be invalid or tiounconstitutional such invalidity or unconstitunality shall not affect the validit w � constitutionality of the remaining portions of this Ordinance. The Board of declares that this Ordinance, and each chapter, section, subsection, paragraph, sentence, and clause thereof, would have been adopted regardless of such possible finding of invalidity or unconstitutionality and, to that end, the provisions of this Ordinance are hereby declared to be severable. SECTION 303. AMENDMENT OR REPEAL. When a section, rule, or regulation is amended or repealed, acts and commissions occurring before the amendment or repeal may be prosecuted as though such section, rule, or regulation had not been amended or repealed. I SECTION 304. PUBLICATION. This Ordinance shall be published once, within 30 days after adoption, in a newspaper of general circulation printed, published, and circulated in the District and shall be effective from and after September 1, 1993. CHAPTER IV. PRESERVE USES - GEN ERAL RAL SECTION 400. CAMPING. 400.1 General. No person shall erect or use a tent or shelter of any hind, arrange bedding, or prepare food in such a way that will enable a person to remain after closing hours, except by written permit in designated areas. 400.2 Juvenile. No juvenile shall camp on any District Lands, except when: a) accompanied by a.parent or guardian; a b) part of a group supervised by at least one adult responsible for each ten or fewer juveniles; c) the juvenile is an emancipated minor. 400.3 Definition. A juvenile is defined as any person under the age of IS years. 3 EXHIBIT Page J SECTION 401. SWIMMING. a 401.1 Generai. No person shall swim, wade, or engage in any water-contact activityit water areas of the District except in designated areas. 401.2 Definition. "Water-contact activity" is defined as any activity in which the body = oM - person comes into physical contact with water areas, including b swimming, wading but not limited tc p �, aqua-planing, paddle boarding, skin diving, and water skiinc E y does not include boating or fishing. w F 401.3 Definition. "Water areas of the District" is defined as all water areas on District Lands, including, but not limited to, natural and artificial swimming ponds, lakes, creeks, streams, bays, tidal areas, and flood control channels. SECTION reservoir4 SECTION 402. BOATING 402.1 General. No person shall place, or attempt to place, a boat, kayak, rubber raft, or other vessel of any description in the water of reservoirs, lakes, streams, or other water areas owned, managed, or controlled by the District, except as expressly allowed by permit or rule or regulation of the District. SECTION 403, FIREARMS TRAPS, WEAPONS AND DANGEROUS DEVICES. 403.1 General. No person shall carry, possess, set, leave or deposit, fire or discharge or 01 cause to be fired or discharged, across, in, on, or into any portion of District Lands any weapon, gun or firearm, spear, missile, bow and arrow, cross bow, sling shot, trap or hunting device, air or gas weapon, paint ball gun, ammunition, throwing knife or axe, martial arts throwing device, or any other weapon or device capable of injuring or killing any person or animal, or damaging property or natural resource. 403.2 Exceptions. This section shall not apply to: a) the possession of unloaded firearms or dangerous weapons on public roads solel for the purpose of transporting such firearms or dangerous weapons through } District Lands for Iawful purposes; b) the possession of firearms or other dangerous weapons at a place of residence or business located on District Lands by a' person in lawful possession of the residence or business; c) the possession and use granted by permit for resource management or educational purposes. SECTION 404. FIRES. 404.1 General. No person shall light, build, maintain, or attempt to light, maintain, a fire of any nature on District Lands, except in permanentfixed barbecues, cam stoves or fireplaces es P re laces established P bushed by the District. Afire shall include, but not be 4 EXHIBIT Page I U of I limited to 'iny campfire, ground fire, warming signal fire, charcoal fire, cam stove, gz ntern, punk, candle, smudge stick, _re, fuse, or any other incendiary device. This shall not apply to the permitted use of -as cam a stoves or as la ntern ante b rn when used in designated camping areas. Y 404.2 Smoking. No person shall smoke on District Lands, except in designated areas. ' N F' c SECTION 405. SANITATION. p w E- 405.1 Disposal of Effluent. No person shall deposit waste water, sewage or effluent from sinks, portable toilets, or other fixtures upon or into the ground or water. 405.2 Use of Facilities. No person shall deposit any waste in or on any portion of any restroom or other structure except into fixtures provided for that purpose. 405.3 Protection of Facilities. No person shall place any bottle, can, cloth, rag, metal, wood, paper, stone, or other substances in any fixture in such a manner as would interfere with the normal operation of such fixture. 405.4 Public View. No person shall defecate or urinate in public view. SECTION 406. IMETAL DETECTORS. 406.1 General. No person shall use a metal detector or similar device on District Lands, except as provided in subsection 702.5. SECTION 407. DISTURBING THE PEACE. .407.1 Obstructing Free Passage. No person shall by force, threat, intimidation, or by any unlawful signing, fencing or enclosing, or any other unlawful means, prevent or obstruct any person from peacefully entering any property of the District, or preventing or obstructing free passage or transit over or through any lands of the District. 407.2 Intimidation. No person shall engage in behavior or speech that provokes a breach of the peace or disrupts, alarms, disturbs, intimidates, or unreasonably interferes with others in the normal, safe use of District Lands or facilities. 407.3 Noise. No person shall play or operate any sound or energy am plification Plification device s, including radios,.television sets, public address systems, musical instruments, or similar devices in such a way as to be audible beyond 100 feet of such device or � musical cal instr ument, or i n such a manner as to disturb the quiet of District Lands and fac ilities, witho ut pri or or written permission. 407.4 Lawful Order. No person shall disobey, ignore, or in any manner fail to comply with any request, direction, or order given by any ranger or other employee charged with the control, management, or protection of District property or resources when such request, direction or order is given in the lawful performance of his or her duties. 5 EXHIBIT Page of SECTION 408. ASSENIF- No person or group shall condorally,meeting, or similar eve nt c District _ .s without first obtaining a permit 1__ the use of the specific areas or o facilities involved. No such permit shall be granted if it is found that the time, plac and/or size of the meeting, rally, or similar event will disrupt or unreasonably E_ interfere with the normal use, operation, or management of the site or facility, or h: an adverse impact on the ecological or historical characteristics of any District Lanc t 408.1 Permits. No person shall hold, conduct, organize, or take part in any group activit:z ' or event on District Lands without written permission when the activity or event: w F a) is advertised or noticed in any publication, poster, or flyer; or b) requests or requires a fee be paid for participation; or I c) may be attended by 20 or more people. SECTION 409. MISCELLANEOUS DANGEROUS ACTIVITIES. I 409.1 Fireworks. No person shall possess, give, sell, discharge, set off, or cause to be discharged, on or into any portion of District Lands any firecrackers, missiles, rockets, fireworks, or explosives. 409.2 Harmful Substances. No person shall possess, lace or ap ply an y n place, substance P on Dis trict t Lands harmful to an y person, property, wildlife, or vegetation. 409.3 Golf. No person shall drive, chip, or in an other manner 1 g P Y pay or practice golf, or hit golf balls on, over, or into District Lands. i 409.4 Model Craft. No person shall operate any model airplanes, boats, automobiles, or other model craft of any kind or description on, over, or into.any portion of District Lands, except by written permit in designated areas. 409.5 Human Flight. No person shall hang-glide, parachute, parasail or engage in any human flight on, over, or into District Lands, except by written permit in designated areas. 409.6 Skating. No person shall rollerskate, in-line skate, grass skate, or operate a self- propelled or motorized skate board or other similar device on District Lands. 409.7 Reckless or Negligent Activity. No person shall engage in any recreational pursuit or activity, or operate any device that recklessly or negligently endangers the safety of any person, or property, or interferes with visitor activities. I SECTION 410. ALCOHOLIC BEVERAGES. 410.1 General. No person shall possess or consume alcoholic beverages except beer and wine, and only as part of a picnic meal. 6 EXHIBIT 13 Page r Of 410.2 Designa+ Area. No person shall possess or ;ume alcoholic beverages in an at that has ,i declared by the general manager , . an authorized representative to be prohibited area. 0 SECTION 411. SIGNS. c _ 411.1 Defacement. No person shall remove, deface, change, mark, or otherwise alter ah, a sign duly erected or posted on District Lands. a� 411.2 Unauthorized Signs. No person shall post or fasten any notice, including but not u limited to, any bill, advertisement, directional or informational sign, or inscription whatsoever on any tree, fence, building, monument, or other property on District Lands, without written permission. i CHAPTER V. PRESERVE USES - RIDr G/HIKING TRAILS i SECTION 500. RIDING/HIKING TRAILS. 500.1 Trail Use Speed Limit. The maximum speed for all trail uses is 15 miles per hour, unless otherwise posted; however, speeds shall be reduced as conditions warrant. Bicyclists and equestrians are required to slow to 5 miles per hour when passing others or approaching blind turns. In no case shall a person operate a bicycle, or ride a horse or other such animal at a speed greater than is reasonable, prudent, or safe. 500.2 One-way Trails. No person shall operate a bicycle or similar device, or ride or lead a saddle horse, pony, mule, or other such animal on a one-way trail in a direction of travel designated or signed to prohibit such use. 500.3 Gates. An person a SOn v opening n a a Y P ate shall c lose t P � � he mate. SECTION 501. SADDLE ANI 'TIMALS. 501.1 Closed Areas. No person shall ride, drive, or lead a saddle or pack horse, pony, mule,. or other an imal in an area d a t 'o esl na.ed y � or signed to restrict such use. Saddle or pack horses, ponies, mules, or any other animals must stay on designated trails, roadways, and cultivated firebreaks. 501.2 Unsafe Use. No person shall ride, drive, or lead any saddle or pace; animal in a reckless or negligent manner so as to endanger public property, or the life, limb, or property of any person or animal. No person shall allow his or her saddle or pack animal to stand unattended or insecurely tied. 7 EXHIBIT Page of 501.3 Carts an 'axons. No person shall have or a' a cart, wagon, or similar device attached horse, mule, donkey, or other ant. on District Lands without a write _ permit. 2 SECTION 502. BICYCLES. 502.1 Closed Areas. No person shall possess or operate a bicycle or similar device on District Lands in areas designated or signed to restrict such activity. Bicycles must p stay on s. x designated trails and roadway s.y 502.2 Unsafe Operation. No person shall operate a bicycle in a reckless or negligent manner so as to endanger public property, or the life, limb, or property of any person or animal. 502.3 Helmets. No person shall operate a bicycle or similar device on District Lands without wearing an A.N.S.I. or Snell-approved helmet for head protection, with the exception of the trails open to bicycles east of Deer Hollow Farm at Rancho San Antonio Open Space Preserve. 502.4 Walk-Only Zones. No person shall ride a bicycle on a section of trail designated or signed as a walk-only zone. Any person may dismount and walk a bicycle through a walk-only zone. SECTION 503. TRESPASS. The following acts, among others, are declared to be unlawful by Section 602 of the Penal Code of California. 503.1 Destruction of Private Property. No person shall willfully open, tear down, or otherwise destroy any fence on the enclosed land of another, or open any gate, bar, or fence of another and willfully leave it open without the written permission of the owner, or maliciously tear down, mutilate, or destroy any sign, signboard, or other notice forbidding shooting on private property. 503.2 Private Property Rights. No person shah enter any lands, whether unenclosed or enclosed a fence, g _v for the of injuring any property or property rights or P P with the intention of interfering with, obstructing, or injuring any lawful business or occupation on carried on b the owner P y r of such land, his or her agent orb the per son lawfulY P m Pposse ssion. 503.3 Entering Posted Lands. No person shall enter any lands under cultivation or enclosed by a fence, belonging to, or occupied by another, or enter any lands where signs forbidding trespass are displayed at intervals not less than three to the mile along all exterior boundaries and at all roads and. trails entering such lands, without the written permission of the owner of such land, his or her agent, or of the person in lawful possession, and no person shall: a) refuse or fail to leave land, real property, or structures belonging to or Iawfully occupied by another and not open to the general public, upon being requested to leave by the owner, his or her agent, or the person in lawful possession thereof, 8 EXHik Page on b) tear down, mi :e, or destroy any sign, signboard, notice forbidding trespass or hunting on such lands; or E e: c remove, injure, unlock, or tamper with any lock or any gate on or leading _ such lands; or r d) discharge any firearm. -_' 1 9 C CHAPTER VI. PRESERVE USES - COi1,LIIERCIAL/REVEiti'UE SECTION 600. SOLICITING. 600.1 General. No person shall solicit, sell, hawk, or attempt to solicit, sell, or ha- Z otherwise peddle any goods, wares, merchandise, liquids, edibles for human consumption, or distribute commercial circulars, pamphlets, or flyers on Lands except by written permission. SECTION 601. GRAZING. 601.1 General. No person shall allow cattle, sheep, goats, or any animal to graze, or feed on District Lands except with written permission. SECTION 602. HARVESTING AND PLANTING. n hall plant, cultivate harvest, or attempt to plant, cult;% o person s � -,- General. N .. .l _ b0� P P harvest any plant or agricultural crop on District Lands except with written permission. SECTION 603. COMMERCIAL FILMING. 603.1 General. No person shall operate a still, motion picture, video, or other commercial purposes on District Lands except pursuant to a permit authoriz:. activity. This section shall not apply to the commercial operation of tamer*,,- :r of the bona fide reporting of news. 9 EXHIBIT Page CHAPTER VII. PRESERVE FEATURES - PROTECTION q SECTION 700. HUNTING AND FISHING. H m J 700.1 Hunting. No person shall hunt, pursue, molest, disturb, injure, trap, take, net, w F poison, or harm any animal, living or dead, or remove, destroy, or in any manner disturb the natural habitat of any animal, except by permit. 700.2 Fishing. No person shall take, net, molest, disturb, injure,, poison, or harm any fish in lakes, ponds, reservoirs, water areas, portions of San Francisco Bay, or streams located in any District preserve except in areas declared by the District to be permitted fishing areas, where state laws regulate the taking of game fish. SECTION 701. ANIMALS. 701.1 Dogs. No person shall allow or have a dog on District Lands except in those areas designated by the District. This subsection shall not apply to: a) guide and service dogs under physical control, specifically licensed to assist the blind, deaf, or disabled; b) use authorized by written permit. 701.2 No person shall allow or have a c, do within a desig Hated area unlessg times under control on a leash not to exceed 6 feet. the dog is at all 701.3 Nuisance Dogs. No person shall allow or have on District g Lands nds a dog that is or a nuisance o pe ople,le . P other animals,als, or property. This Includes, but is not limited to growling, barking, baring of teeth, or challenging in any manner, People, animals, or property. 701.4 Disturbance or Iniury to Wildlife. No person shall allow a dog, cat, or domesticated animal, even if leashed, to disturb, chase, molest, injure, or take any kind of native wildlife, whether living or dead, or remove, destroy, or in any manner disturb the natural habitat of any animal on District Lands. 701.5 Horses and Livestock. No person shall keep or raise cattle, horses, sheep, or other livestock on District Lands, unless pursuant to a lease, license, or other entitlement of use granted by the District. 701.6 Other Pets. No person shall allow or have any pet, domesticated animal, or other living creature on District Lands, unless specifically permitted by another section of these regulations. 10 EXHIBIT Page 2-() of I f 701.7 Remove of Animal Excrement. No person lonsible for an animal shall allow excrei or feces to remain in an area .'if it y t .ses a health hazard, a public nuis� o or is in an area osted g re ._uir P in its rem oval. v q o al. 701.8 Abandoned Animals. No person shall abandon or release a dog, cat, fish fowl any other living creature, w permission. ild or domestic, on District Lands without written F - SECTION 702. NATURAL AND CULTURAL RESOURCES X - wt 702.1 Plants. No person g P shall damage, injure, take, place, plant, collect, or remove any plant, tree, or portion thereof, whether Iiving or dead, including, but not limited to flowers, mushrooms, bushes, vines, grass, cones, and deadwood located on District Lands. 702.2 Possession of Gathered Wood Prohibited. No person shall transport or possess a tree or unmilled wood on District Lands without satisfactory evidence of lawful acquisition, such as a sales receipt or written authorization from the owner of the l from which the tree or wood was acquired. an( 702.3 Geological Features. No person shall damage, injure, take, collect, remove, or attempt to damage, injure, take, collect, or remove earth, rocks, sand, gravel fossils minerals ,fe atures u re s of caves or interest any or value located on District Lands. 702.4 Archeological Fea tures. No person sha ll all damage, in jure, u re ta ke,i .. � J colle ct, re attempt to damage, move, or a P tee, injure, take, collect, or remove any object of paleontological, archeological, or historical interest located on District Lands. 702.5 Special Permission. �I Sp ecial permission (Section 105) may be granted to re treat, disturb, or otherwise affect plants, animals, or geological historical, , ID archeological, or paleontological materials for research, interpretive, educational, or operational purposes. SECTION 703. VANDALISM AND UNLAWFUL ENCROACHMENT. 703.1 Vandalism. No person shall cut, carve, deface, write, paint, mark, or alter an natural feature, or any fence, wall, building, monument, or other property on District Lands. 703.2 Unlawful Construction. No person shall erect, construct, install, or place an structure, building, shed, fence, trail, equipment, material, sign, banner, or apparatus of any type or for any purpose on, below, over, or across a preserve except by written permission, specifying in detail the work to be done and the conditions to be fulfilled pursuant to the terms of such authorization. 703.3 Unlawful Maintenance. No person shall perform, or cause any mowing, trimming � cutting, grooming, or spraying of District Lands or perform any such grounds maintenance for any purpose except by written permission. EXHIBIT 11 Page ;4—of E v, cA o � -r H l tZ ��0/ M++ fC CTiAaFTER VIII. DISTRICT LANDS OPERATIONS - GENERAL a �, x = W F a SECTION 800. LITTERING. 800.1 Littering or Dumpin . No Fa�rson shall litter or cause to be littered, or dump or � in on any cause to be dumped any material or waste matterocauser topbe placed,District It or shall be unlawful to place, c�posit, or dump, ;ill material in or upon any District Lands without a dumped, any rocks, dirt, or permit authorizing such activity. $00.2 Definition._nition. Littering is def-::d as the willful or negligent in otherdthanpappropriate placing, or depositing of any waste matter on District designated for such purposes. storage containers or areas 800.3 Definition. Waste matter is defined as discarded, used, or leftover substances including, but not limited to, a lighted or unlighted cigarette, cigar, match, or any flaming or glowing material, or any garbage, trash, refuse, paper, container, packaging or construction material, carcass of a dead animal, any nauseous or obj ect likelyto injure any person, damage d or an 'r. J kind,of an Y offensive matter y property, or create a hazard. SECTION 801. PARKING. per son shall par k a motor vehicle, except an authorized emergency ' bons. No P Q tnc r 801.1 Res p ins of a peace officer, ranger, o � vehi cle, or when in compliance with the directions p ve District employee, in any of the following places: a) In areas where prohibited by "NO PARKING" signs b) On any fire trail c) On any equestrian or hiking trail gate entrance or exit d) In such a place or manner as would block or obstruct any a e) In such a place or manner as to take up more than one marked parking space in any authorized parking area f) In such a place or manner as to block or obstruct the free flow of traffic g) Within 15 feet of a fire hydrant h) Adjacent to any curb painted red i) any District Lands after sundown except pursuant to a written permit j) In areas signed for permit parking on District Lands without a written permit ct Lands not designated by the District as an k) In any other place on Distri authorized area EXHIBIT 12 Page •�'�of C 4) SECTION 802. OPERATION OF TOR VEHICLES: OFF-ROAD 4ICLES. rs" 802.1 General. No person shall operate, propel, or leave standing a motor vehicle on � red District Lands. Motor vehicle includes, but is not limited to, motorcycles, off-roa vehicles, "dirt bikes," and similar vehicles. C1 0 Z 802.2 F o p Exceptions. This section shall not apply to: n � M F � a) emergency vehicles operated within the scope of official use; WE�- a B X ss ca F b) roads, trails, or paths, which may from time to time be set aside and posted by :ative. the District for the use of specifically designated vehicles; c) roads and parking areas open to the public during regular open hours. SECTION 803. SPEED LIMITS. 803.1 General. No person shall drive or operate a vehicle on District Lands at a speed Cr than the posted speed limit or than is reasonable or prudent, having due regard for traffic and road conditions. In no event shall a vehicle be driven ata speed which endange rs the safety of persons, property, or wildlife. SECTION 804. ABANDONED VEHICLES. 804.1 72 Hours. No person shall permit a vehicle to be parked or left standing within the District for 72 consecutive hours or more except in camping areas pursuant to a valid permit. 804.2 Removal. Any vehicle parked or left standing in violation of this Section may be removed as provided in the Vehicle Code of the State of California. 804.3 Abandonment. Whenever a District ranger has reasonable grounds to believe that a vehicle has been abandoned on District Lands, the vehicle may be removed as authorized by Vehicle Code Section 22669. .SECTION 805. PROHIBITED AREAS. To insure the safety and health of persons, to avoid. interference with development, construction, and management, or to provide for security, safeguarding, and preservation of District Lands and facilities, the general manager or an authorized representative may declare an area closed, prohibited, or limited to further entry. The declaration may include such reasonable classes of persons who may enter, in the conduct of proper activities or official duties, as-the general manager or an authorized representative may prescribe. 805.1 Closed Areas. No person shall, without a written permit issued by the District, enter or remain in an area of District Land or facilities declared closed, prohibited, or limited by the general manager or an authorized agent. 13 EXHIBIT Page Q 2 W'% '7 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-93-106 Meeting 93-19 September 22, 1993 AGENDA ITEM Approval of Parking Violation Bail Schedule ACTING GENERAL; MANAGER'S RECOMMENDATION Approve the bail schedule for parking violations as contained in this report. DISCUSSION At your July 28, 1993 meeting, you approved bail schedule recommendations to be forwarded to the presiding municipal court judges in Santa Clara and San Mateo Counties P g P J g (see report R-93-83). Assembly Bill 408, a law signed by Governor Wilson in September of 1992, made parking violations a non-criminal offense as of July 1, 1993. As a result, the responsibility of parking violation adjudication has been shifted from the courts to the issuing agency. The District must now set bail amounts for parking code sections enforced by District rangers. Therefore, staff recommends the following additions to the bail schedule: IlrULAT`ION BAIL AMOK District Ordinance 93-1 801.1 No Parking $25.00 Santa Clara County Ordinance B 12-120 No Parking $25.00 California Vehicle Code 22505(b) Parking-State $25.00 Highway 22507.8 (a) Disabled Parking $275.00* *State law mandates the bail amount for disabled parking violations. Bail includes a 10% penalty nalt assessment of$25. San Mateo Count is one of three counties in the state that has been ranted a three-year Y g Y exemption from several elements of Assembly Bill 408. San Mateo Municipal Court will Open Space . . . for room to breathe 20th Anniversary 1972-1992 330 Distel Circle • Los Altos, California 94022-1404 • Phone: 415-691-1200 • FAX: 415-691-0485 Q General Manager:Herbert Grench Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit R-93-106 Page 2 continue to adjudicate and set the bail for all parking violations within the court's jurisdiction. Until the exemption expires, the bail schedule you approve will apply only to violations occurring in Santa Clara County. Prepared by: Carleen Bruins, Visitor Services Supervisor John Escobar, Operations Manager Contact person: Carleen Bruins, Visitor Services Supervisor Open Space R-93-102 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 93 19 September 22, 1993 AGENDA ITEM History of Preserves RECOMMENDATION Authorize B. Crowder to work with staff and members of the public in formulating a program to document and publicize the history of our lands. DISCUSSION During its 21 years of existence, the District has acquired lands valuable not only for their open space attributes, but also lands that have on them features or structures of historical significance. Among our most popular docent walks are the tours of the Thornewood and Fremont Older estates. The hike for docents to former sawmill sites given several times by Ken Fisher of King's Mountain has been well attended and always fascinating. Each of our preserves has an interesting history. While the District has documentation of much of this history, it has not been assembled in any order due to higher priorities. There are many artifacts, as well as photographs in the District's possession. The Historical Societies in San Mateo and Santa Clara Counties and the Redwood City library also have extensive files. My proposal is to research the history of all the preserves, interview people who remember this history, and work with Peninsula Open Space Trust (POST) and interesied members of the public. After assembling a complete file of information, we could produce a publication, or several publications, that could bring the historical aspects of the District to the attention of the public. A preliminary pamphlet on one or more sites might be useful for a future funding measure. I would be glad to work with one or more Board members on this project. If there is insufficient interest, I would undertake the task alone. I envisage minimal time of the Planning, Operations, and Public Affairs staff -- no more than five to ten hours per month -- would be needed. I have discussed this idea with Randy Anderson and with Christy Holloway of the POST board. Ken Fisher also would bean important source of help. Prepared by: Betsy Crowder, Director, Ward 6 Contact person: Same as above Open Space . . . for room to breathe 20th Anniversary 1972-1992 330 Distel Circle • Los Altos, California 94022-1404 Phone: 415-691-1200 - FAX:415-691-0485 General Manager:Herbert Grench Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowther,Wim de Wit Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-93-100 Meeting 93-19 September 22, 1993 AGENDA ITEM Application to Habitat Conservation Fund Program for Devils Canyon (Acronico Property) Acquisition ACTING GENERAL MANAGER'S RECOMMENDATION Adopt the attached resolution approving the application to the Habitat Conservation Fund Program for acquisition of Devils Canyon (Acronico Property). i DISCUSSION I. Introduction The Habitat Conservation Fund(HCF)provides$2 million annually to the California Department of Parks and Recreation for a statewide local agency grant program. This program provides 50% matching grants to local agencies so they may acquire, restore, or enhance wildlife habitat or make available trails and programs that bring urban residents into park and wildlife areas. The application deadline for this funding cycle is October 1, 1993. The funds are available for projects in six categories. Four of the six categories are funded each year on a rotational basis. The first four categories listed below (bold print) are eligible for $500,000 each in this grant round for fiscal year 1994 - 1995. A project can only be submitted in only one of the four eligible categories, even though it may qualify for more than one. 1. Deer and lion habitat 2. Habitat for rare, threatened and endangered species 3. Trails/programs 4. Habitat for spawning and rearing of anadromous salmonids and trout 5. Wetland habitat 6. Riparian habitat The project must start within three years of the date the grant funds are appropriated in the state budget. Acquisition grants can be matched only by non-state money or property made available as part of the acquisition project. In 1992 the District received a grant of $1 million from the Habitat Conservation Fund for acquisition tion of the Jamison property. The application on was submitted in the deer and lion habitat tat category. Open Space . . . for room to breathe 20th Anniversary 1972-1992 330 Distel Circle • Los Altos, California 94022-1404 • Phone: 415-691-1200 • FAX: 415-691-0485 General Manager:Herbert Grench Board of Directors:Pete Siemens,Robert McKibbin,Teena Renshaw,Ginny Babbitt,Nonette Han ko,Betsy Crowder,Win)de Wit R-93-100 Page 2 II. Project Description J Staff proposes to apply to the Habitat Conservation Fund Program for$320,000 to help acquire approximately 179 acres of land as an addition to Long Ridge Open Space Preserve. The consists of two parcels located in San Mateo Count between Lon Ridge and Skyline property P Y g g kY Ridge Open Space Preserves, approximately one-quarter mile south of Skyline Boulevard on the west-facing slope of the Santa Cruz Mountains (see attached map). The area is locally known as the upper part of Devils Canyon. Access is from an unimproved driveway connecting to Portola Heights Road and an adjacent public bypass trail. The property is fully described in report R-93-77, dated July 14, 1993. At that meeting, you authorized the acceptance and execution of the Option Agreement for the Acronico property. This option guarantees that the District can purchase the property for $640,000 until December 31, 1994. The property would qualify for grant funding under all currently eligible categories. Staff will submit the application in the anadromous salmonids and trout category because the property scores highly in this category which has historically received the fewest applications. With less competition there is more likelihood of the grant being funded. A detailed stream study is part of the requirements for an application in the trout category. Staff has hired consultants to conduct this study as well as to assess the wildlife habitat value of the property. The exceptionally diverse plant and animal communities found on the property result from the diverse terrain. Devils Canyon is u-shaped, with steep slopes opening to the northwest. The southwest face of the canyon consists of steep, sandstone cliffs interspersed with oaks, madrones, and chaparral. Douglas fir forest covers the north facing slopes with a dense riparian corridor down the middle. Two tributaries of upper Peters Creek converge near the northwest corner of the property. The longer one originates on Long Ridge Open Space Preserve, entering the Acronico property as a dramatic 200 foot waterfall falling over large sandstone boulders. The other shorter tributary is fed by a large number of springs originating on the Acronico property itself. The two tributaries converge below the falls in an undisturbed area that has been a spawning ground for steelhead trout. Steelhead make yearly journeys from the ocean up Pescadero and Peters Creeks to spawn in the gravelly pools of upper Peters Creek. Old timers report seeing them as far as the base of the big waterfall. Protecting these pools and the headwaters above will be the basis for the grant proposal. The Pescadero watershed is considered to be the most biologically diverse of all the coastside I R-93-100 Page 3 watersheds in San Mateo County. It has extensive marshlands near its mouth and many public lands along its course, including Long Ridge and Skyline Ridge Open Space Preserves, Portola State Park, Pescadero Creek and San Mateo County Memorial Parks, and Pescadero State Beach. A Coordinated Resource Management and Planning (CRMP) Group, composed of agencies and landowners of the Pescadero-Butano Creek watershed, has formed with the objective of planning and implementing projects to protect and enhance the watershed. The Acronico property is an important part of the watershed. Besides its role as a steelhead spawning area, it is exceptionally rich in wildlife and is an excellent deer and mountain lion habitat. Our consultant found recent mountain lion scat and observed a number of species of special status on the property. They include: Cooper's and Sharp-shinned Hawk, Osprey, Golden Eagle, California Red-legged Frog, Western Pond Turtle, and Ringtailed Cat, as well as rare and unusual insects. Acquiring the property as open space will help insure the long-term protection of this biological treasure. CEOA Compliance Acquisition of this ro property is categorically exempt under Article 19 of the State Guidelines p p y g y p (Class 16: Transfer of ownership of land to create parks; Class 25: Transfer of ownership of interest in land to preserve open space). Pr epared by: Alice Cummings, Resource Planner Contact person: L. Craig Britton, Acting General Manager M N ELL '=N SPACE PRESERVE ` cl ) b.. Y. 1 �1 b SKYLINE RIDGE �o°� -y/ � l � � z OPEN SPACE PRESERVE ` RIDGE TRAIL � ,l ( GRIZZLY F LEASHED DOGS 10 PERMITTED °.-.- TTED HERE e t CONSERVATION MANAGMENT UNIT(CMU) _; � �• =� �s � GRIZZLY FLAT I � \ { �'•. ,i� ,� �I� PARKING AREA' I MO PROPOSED ACQUISITION — TERNATE T (DEVILS CANYON) A.. ? ` KING ONLY �PORTOIA a HEIGHTS ROAD .�°� \ JIKOJI RETREAT, � � �\ lY .�••. �.`„ �LONG E RD. o`c �. :/� �J b / i c t :.::....... _ I I•, I 3 n I ` LONG RIDGE OPEN SPACE PRESERVE �i '� • H I CK ORY OA v K RID RD ROAD GE \ � be +�J tit � t tl y • PORTOLA STATE PARK ��f`--'�.:*� - �;. . �' -- .� '' �> NO BICYCLES ,� • l/ •'—-- tom, .�..:. ...;''. • /,'ARE ALLOWED r , S. '��;�/�'-� !�// �1 1 .:c`1 �IE":$eX::>.:'ir�:.,:.. �ti•'�y�a >��..�fi.. Ys��::+'w:: A, . .... SITE MAP PROPOSED ADDITION TO I _ LONG RIDGE O `' i] Z�Fc.1,—E\ E i21 1�Ri�7 RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE LOCAL AGENCY GRANT PROGRAM - FISCAL YEAR 1994-1995 UNDER THE HABITAT CONSERVATION FUND PROGRAM OF THE CALIFORNIA WILDLIFE PROTECTION ACT OF 1990 FOR THE FOLLOWING PROJECT: DEVILS CANYON (ACRONICO PROPERTY) ACQUISITION WHEREAS, the people of the State of California have enacted the California Wildlife Protection Act of 1990, which provides funds to the State of California for grants to local agencies to acquire and/or develop facilities for public recreational and fish and wildlife habitat protection purposes; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of a portion of the program within the State, setting up necessary procedures governing application by local agencies under the program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of application before submission of said application to the State; and WHEREAS, said application contains assurance that the applicant must comply with; and WHEREAS, the applicant will enter into an agreement with the State of California for acquisition or development of the project; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors hereby: 1. Approves the filing of an application for the Habitat Conservation Fund Grant Program under the California Wildlife Protection Act of 1990 State grant assistance for the above project; and 2. Certifies that said applicant understands the assurances and certification in the application form; and 3. Certifies that said applicant has or will have available prior to commencement of any work on the project included in this application, the required match; and will have sufficient funds to operate and maintain the project; and 4. Appoints the acting general manager as agent of the District to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. March 16, 1993 Tom Tunney Office of the Honorable Anna Eschoo 698 Emerson Street Palo Alto, CA 94301 i Dear Tom: Enclosed is a draft letter you may wish to use. Similar letters could go to Secretary Babbitt and Senators Johnston and De Concini (with copies to Senators Boxer and Feinstein) . You'll note from the attaghed California Park and Recreation Society federal legislat report that there is a controversy about the federal-stateside split that Anna should be aware of if she is to support a 50-50 program per the draft letter. I will be in Washington March 22 - 24 and will try to touch base with Anna and John Flaherty. Sincerely, Herbert Grench General Manager HG/dmz i Open Space ------------------- R-93-105 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 93-19 September 22, 1993 AGENDA ITEM Continued Discussion of Board Policies Pertaining to Board Records RECOMMENDATIONS Adopt the policies pertaining to Board records. DISCUSSION At our August 25 1993 meeting, you continued discussion of the policies pertaining to Board g g� Y Po Pe g records until legal counsel S. Norton and I met to discuss and revise the section's wording (see report R-93-94). Our proposed wording is shown below. Shading indicates new wording; crossouts indicate initial wording to be deleted. 2) New policies pertaining to Board records: Recommendations a. Written notification :sent to all Board members of all legal action taken by the management, and that a written status report of outstanding legal actions be sent to Board members a el lrT- enth b. Summary ., ;..,..e ``' ptaken..,affisclosed sessions mod i be signed by the President of the Board and copies retained by the`legall counsel. c. The Board's ' i written evaluation of each Board appointed officer (general manager, legal counsel, controller) be signed by the Board President and the officer and copies retained by the �d to the officer. Prepared by: Y Nonette Hanko Director - Ward 5 Stanley Norton, Legal Counsel Contact person: Nonette Hanko, Director - Ward 5 Open Space . . . for room to breathe 20th Anniversary • 1972-1992 330 Distel Circle • Los Altos, California 94022-1404 Phone: 415-691-1200 • FAX: 415-691-0485 General Manager.Herbert Grench Board ofOirectors:Pete Siemens,Robert McKibbin,Tee na Henshaw,tinny Babbitt,Nonette FIanko,Betsy Crowder,W i m de Wit Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: B. Crowder, Board President DATE: September 17, 1993 SUBJECT: F. Y. I. i Open Space . . . for room to breathe 20th Anniversary - 1972-1992 330 Distel Circle - Los Altos, California 94022-1404 Phone: 415-691-1200 - FAX:415-691-0485 General Manager.Herbert Grench Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit Daniel Santiago Riegria M.D. Mary Page Huftg M.D. 257 Mapache Or Portola Ualleg, Ca 94828 ,July 5, 1993 Honorable Dominic Cortese Member, State Assembly Room 6031, State Capitol Sacramento,Ca 94248 Dear Assemblyman Cortese: I understand that the state is seriously considering a property tax shift from local agencies which will have a terrible impact on the Midpeninsula Regional Open Space District. This is a voter mandated program which has successfully protected over 35,000 acres of magnificent California nature close to heavily populated urban areas along the Peninsula. The Open Space District has been able to make this land available to the public 365 days a year for recreation and provide enriching programs that enhance the physical and mental health of your constituents. People need the space on which to walk and bike, to defuse tensions in a peaceful way, and to get in touch with values. Open land is now our area's most precious resource and it is suicide not to promote successful open space preservation programs at this critical time. Without the AB 8 funds the District would have to freeze all new acquisitions. Reduced maintenance and closure of open spaces would reduce public access and seriously compromise fire and emergency response in the Santa Cruz Mountain area. Of the $10 million of projected property tax revenue about $5.9 million is already pledged to debt service for state law authorized land acquisition. The District has always operated with an extremely cost effective and tight operating budget, emphasizing precious land acquisition. There is no room for additional budget reductions. This week we had the good fortune to be able to spend two of the most beautiful and happiest evenings of our lives at the Monte Bello Open Space. The panorama at the top of Black Mountain looks at the entire peninsula east across to Mount Diablo and north to Mount Tamaipias. But, to walk south down the Canyon Trail of the Stevens Creek Headwaters, to see the thousands of acres of protected and unspoiled land spread out before Daniel Santiago Alegria M.D. Mary Page Hufty M.D. 257 Mapache Or Portola Ualieg, Ca 94828 you, protecting and purifying our air and water is an even more uplifting and hopeful experience. My undying gratitude goes out to the thoughtful legislation that has made this possible. Please reject any budget proposal that does not exempt the Midpeninsula Open Space District from the loss of AB 8 funds, or provide for complete replacement of any loss of revenue. Sincerely, Mary Page Hufty, M. D. Daniel S. Alegria, M. D. f Open Space 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: Craig Britton, Acting General Manager DATE: September 22, 1993 SUBJECT: F. Y. I. I Open Space . . . for room to breathe 20th Anniversary - 1972-1992 330 Distel Circle - Los Altos, California 94022-1404 Phone:415-691-1200 - FAX: 415-691-0485 19 General Manager:Herbert Grench Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit I AUG 181993 i August 18, 1993 Midpeninsula Regional O. S. District 330 Distel Circle Los Altos, CA 94022-1200 Re: Purisima Creek Whittemore Gulch Trail Safety To Whom It May Concern: I am an active bicyclist user of the Purisima Creek OSP. I would like to voice a concern I have regarding the heavy use of the Whittemore Gulch Trail by cyclists, hikers and equestrians. I strongly urge you to make this trail a one-way uphill trail for bicycles. The trail has become exceedingly popular for all users, and unfortunately too many of my cycling peers do not observe proper caution in their descent of this trail, endangering themselves and all other users of the trail. There are numerous blind corners and very narrow sections that present extremely hazardous conditions for bicycles even at slow speeds. The slope and the soft dirt of the trail also result in serious erosion caused b breaking through the Y g g I switchback turns. Before someone gets hurt, and the trail is closed to all bicycles, I suggest that a one-way uphill restriction would be an intelligent compromise to the situation. I believe that I speak for a number of for other riders who share m concern for the highpotential Y g unnecessary conflict between all trail users, and are very concerned about a complete closure of the trail to bicycles. i Regards, -_ Steven Johnson 2005 Vista Del Mar San Mateo, CA 94404 415-572-9149 Open Space --ram MIDPENINSULA REGIONAL OPEN SPACE DISTRICT September 16, 1993 Steven Johnson 2005 Vista Del Mar San Mateo, CA 94404 Dear Mr. Johnson: Thank you for your August 18, 1993 letter regarding bicycles on Whittemore Gulch " Trail. I appreciate your suggestion to make this trail a one-way uphill trail for bicycles. We are always interested in ideas that can help us provide safe trails as well as accommodate a variety of trail uses. Restricting the direction of bicycle traffic on the trail requires an amendment to the Use and Management Plan for Purisima Creek Redwoods Open Space Preserve. Our Board of Directors will consider your suggestion during the next review of the Use and Management Plan. The review is tentatively scheduled for the first quarter of 1994. In the meantime, we will continue to close the Whittemore Gulch Trail to horses and bicycles during the winter season. Also, the District's Board recently adopted a 15 MPH speed limit for bicycles, and our volunteer trail patrol program will begin in October. We hope that these efforts will help reduce accidents and conflicts on District trails. Sincerely, J n Escobar Operations Manager JE/CRB/kh i i Open Space . . . for room to breathe 20th Anniversary 1972-1992 330 Distel Circle • Los Altos, California 94022-1404 Phone: 415-691-1200 • FAX:415-691-0485 General Manager:Nerberl Grew h Board o(Drrectots:Pete siemens,Robert M(Kibbin,Teena Renshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit Open Space 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT September 21, 1993 Mr. Dixon Collins Skylonda Fitness Center 16350 Skyline Boulevard Woodside, CA 94062 Dear Mr. Collins: Thank you for providing a tour of the Skylonda Fitness Center for some of the District Board members and staff. Although I couldn't attend, I understand that everyone was very impressed with your facilities. As I'm sure you recall, when I called to arrange the tour you suggested that hors d'oevres be served in order for participants to sample the "natural" cuisine. I commented that it was not necessary and entirely at your discretion. Since then, it has been implied that I requested food for the tour, which would be very much against our policies as a public agency. I would hope that this erroneous information is not further.circulated. Again, thank you for your hospitality, and I hope that this clears up the evident misunderstanding that has occurred. S. rely, L. Craig Britton Acting General Manager cc: Board of Directors Audrey Rust, POST Open Space . . . for room to breathe 20th Anniversary - 1972-1992 330 Distel Circle • Los Altos, California 94022-1404 Phone: 415-691-1200 • FAX:415-691-0485 General Manager:Herbert Grenmh Board ot`Oirerlors Pete Siemens,Robert Mc Kibbin,Teeny I lenshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit SIERRA CLUB LOMR P" ETR CHAPTER GURIKPE REGIONRL GROUP Au g ust 199 3,Y ol. 15,N o.8;Mal Ott en b erg,E dit or GUADALUPEGROUPOFFICE: 1922 The Alameda,Rm.213,San Jose,CA 95126;phone 408-554-0442 OFFICERS: Chair-Stan Bogosian,867-0182 ViceChalr,Editor-Mo Ottenberg,8674576- Treasurer,CountyRep-Aureii&Wnsemius,985-6752 Membership Chair-Carol Drake,243-8044 Legis.Liaison-WemerBerasch,353-1894 At-Large-Les Kishler,356-5754 Secretary-Meg Gibers on,354-2726 Outings-Matt Noall,252-5013 Publicity-MWZuur,265-0967 106YRUAL GROUP 62 MCNIC I to-10 At our most popular picnic spot, the Picchetti Ranch & Sunrise Winery in the Montebello Open Space Preserve, beside Stevens Creek Reservoir in Cupertino For advance reservations, send$8 check and self-addressed, stamped envelope to "Sierra Club/Guadalupe Group", 246LI Poett Cane, Santa Clara, CA 95051; or, leave message at (408)985-b752. WITHOU7 advance reservation, tickets at the picnic will be $10. Saturday, e Rug. 14, 1993 Q � a � Ga CUpFgTa s `� M lNU Mreee�QA INN y f 9 a.m. - Hike begins from Picchetti Ranch parking lot 11 a.m. to 3 p.m. - Optional wine tasting, Sunrise Winery ` eB at Picchetti Ranch 0$0 1 12 noon to 2 p.m. - Gourmet buffet in Ranch picnic area Local lLaaw,suits: (M 1. COSA, Citizens for Open Space Access, is filing suit against the landowners adjacent to El Sereno Open Space Preserve, who have erected a locked gate across the access road. Since the road had been open to the public, to hikers and bicyclists, for many years, we believe a prescriptive easement exists. A local attorney has taken the case pro bono (i. e., he doesn't charge for his time), but another $5000-10,000 will be needed for various court costs. Contributions and fund-raising help are sorely needed—contact COSA, c/o Gib Anderson, 19571 Farwell, Saratoga, CA 95070" (408)867-6367. 1111 C 02. Boulder Ridge Golf Course development is stalled, pending a lawsuit by surrounding residents against the County's approval of the EIR. (This is the north end of Santa Teresa Ridge, zoned Open Space, originally planned by San Jose as part of a greenbelt and wildlife corridor). If you haven't seen the articles in the July 22 and July 29 Metro, we'll have them at the Aug. 14 picnic! HELP WANTED!! CaIPAW '94, the Parks and Wildlife Bond Initiative needs 650,000 signatures to get on the June '94 ballot—and we need Sierra Club members to help collect them! It's easy, and it's very important! We set up pairs of volunteers in 2112 to 3112 hour shifts, in pleasant spots where people are likely to be favorable to our issue—such as Bread of Life markets and REI. We pair new volunteers with experienced ones, so you have a chance to see how it's done. We especially need volunteers to staff a table at the County Fair for late afternoon and evening (approx. 5:30-9 p.m.) on: Aug. 3, 5, 7, 10 and 12(Tues., Thurs., Sat.)—other groups work on the other days. Free admission, get to see as much as you like of the Fair! Call Mari Ottenberg at (408)867-4576 to sign up. Claims No. 93-16 Meeting 93-19 Date: Sept. 22, 1993 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Name Description I ---------------------------------------------------------------------------------------------------- 4730 84.44 Ace Fire Equipment & Service Fire Extinguishers 4731 891.71 Acne & Sons Sanitation, Inc. Sanitation Services 4732 230.26 L. C. Action Police Supply Field Supplies 4733 80.53 Alan Steel & Supply Company Field Supplies 4734 830.00 Andreini Bros. , Inc. Re-oil Weeps Driveway 4735 1,640.00 Arcturus Land Surveying Surveying Work--Pulgas Ridge 4736 56.97 Artech Laminating Equipment 4737 260.00 Bay Area Bobcat Equipment Rental 4738 477.22 Barron Park Supply Company Plumbing Supplies 4739 73.08 Broon, O'Donnell, Miller, Brown Legal Services and Dannis 4740 197,00 L. Craig Britton Out-of-Town Meeting Expense 4741 48.90 California Chamber of Commerce Resource Documents 4742 177.56 California Water Service Company Water Service 4743 202.00 Carpeteria Carpet--Ranger Residence 4744 2.17 Central Stationers Office Supplies 4745 163.81 Clark's Auto Parts/Machine Shop Vehicle Parts 4746 582.54 Sheryl Marioni Cochran Reimbursement--Permits and Private Vehicle Expense 4747 100.22 Communications Research Company Radio Repairs 4748 110.00 Campbell Towing Towing Services 4749 100.66 Patrick Congdon Reimbursement--Winslow Blinds 4750 295.00 Council on Education in Management Seniniar Registration--D. Dolan 4751 154.13 Crest Copies, Inc. Plans--Skyline Water System 4752 4,405.00 Earth Systems Consultants Consulting Services--Weeks Road 4753 1,122.00 Employment Development Department State Unemployment Insurance 4754 1,064.51 Emergency Vehicle Systems Emergent' Lights Installation 4755 26.75 Epic Marketing Company, Inc. Radio Case 4756 162.38 Expedite Signs 4757 89.25 Federal Express Corporation Express Mail 4758 95.75 Film to Frame Slides and Mounting for Display 4759 600.00 First American Title Insurance Preliminary Reports Company 4760 743.00 Flinn, Gray & Herterich Vehicle Insurance 4761 108.76 Foster Bros. Security Systems,Inc. Locks and Keys f 4762 38.58 Forestry Suppliers, Inc. First Aid Supplies I 4763 38.08 G & K Services Shop Towel Service 4764 215.83 Gardenland Power Equipment Equipment and Repairs 4765 1,355.64 Garcia Pump & Well Company Pump Repair 4766 325,000.00 Gateway Title Company Land Purchase--Bartels f 4767 773.15 Goodco Press, Inc. Printing 4768 459.57 Home Depot Field Equipment and Supplies 4769 49.00 Phillip Hearin Reimbursement--Uniform Expense 4770 2,670.00 Huettig & Schramm, Inc. Construction Management Services--Ranger ' Field Office 4771 25.33 Hyster Sales Company Equipment Part 4772 145.01 Independent Business Products Office Supplies 4773 1,391.01 Jeda Publications, Inc. Printing--Trails Brochure 4774 169.36 Keeble & Shuchat Slide Processing and Equipment 4775 44.82 Langley Hill Quarry Base Rock I ii Claims No. 93-16 Meeting 93-19 Date: Sept. 22, 1993 MIDPENINSUIA REGIONAL OPEN SPACE DISTRICT # Name Description -------------------------------------------------------------------------------------------------- 4776 53.30 Judy Law Private Vehicle Expense 4777 298.52 Linotext Photographs 4778 200.00 Lopez Gardening Service Gardening Services 4779 279.81 Los Altos Garbage Company Garbage Service 4780 1,400.00 Magana's Building Maintenance Building Maintenance 4781 223.00 McGrath RentCorp Temporary Office Rental 4782 700.07 Minton's Lumber Company Field Supplies 4783 3,079.53 Miracle Auto Painting Vehicle Repairs 4784 8,057.71 Murray & Murray Legal Services 4785 180.00 National Safety Council District Membership 4786 582.64 Noble Ford Tractor, Inc. Tractor Parts and Repairs 4787 27.66 Northern Energy Propane Fuel 4788 733.09 Orchard Supply Hardware Field Supplies 4789 1,351.53 Pacific Bell Telephone Service 4790 26.12 Page & Turnbull Architectural Services--Picchetti 4791 149.71 Peninsula Blueprint, Inc. Contruction Signs 4792 298.15 Pilarcitos Quarry Base Rock 4793 750.98 PIP Printing Printing--District Regulations 4794 324.75 Thomas Randall Reimbursement--Window Blinds 4795 156.96 Rochester Midland Corporation Restroom Chemicals 4796 32.50 Rayne Water Company Water Service 4797 394.30 J. L. Rice Trucking & Material Freight e 4798 2,506.54 Ray's Repair Service Vehicle Repairs and Maintenance 4799 65.00 Safety-Meer Corporation Solvent Tank Service 4800 436.75 San Jose Mercury News Advertisement 4801 400.00 Santa Clara County Health Services Fuel Storage Permit 4802 10.00 Scenic America Resource Documents 4803 1,736.00 Scribner Graphic Press Fall Newsletter Printing 4804 71.57 Signs of the Times Signs 4805 180.32 Skyline County Water District Water Service 4806 74.64 Summit Uniforms Uniform Expense 4807 30.65 Sunnyvale Medical Clinic Medical Services 4808 49.28 Taylor Rental Equipment Rental 4809 838.94 Teeco Products Propane Refrigerator 4810 1,495.56 TRW-Redi Microfishe Assessor's Records 4811 48.14 Unocal Fuel 4812 1,485.24 Valley Oil Company Fuel 4813 90.66 Value Business Products Office Supplies 4814 2,717.00 Whitmore,Johnson & Bolanos Legal Services 4815 140.00 Western Exterminator Company Exterminating Services 4816 768.55 The Workingman's Emporium Uniform Expense 4817 2,432.43 Yardbird Equipment Sales Equipment and Repairs *Urgent check issued on September 14, 1993. Claim 93-16 Meeti i3-19 Date: Sept. 22, 1993 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Name Description ------------------------------------------------------------------------------------------------- 4730 84.44 Ace Fire Equipment & Service Fire Extinguishers 4731 891.71 Acme & Sons Sanitation, Inc. Sanitation Services 4732 230.26 L. C. Action Police Supply Field Supplies 4733 80.53 Alan Steel & Supply Company Field Supplies 4734 830.00 Andreini Bros. , Inc. Re-oil Weeks Driveway 4735 1,640.00 Arcturus Land Surveying Surveying Work--Pulgas Ridge 4736 56.97 Artech Laminating Equipment 4737 260.00 Bay Area Bobcat Equipment Rental 4738 477.22 Barron Park Supply Company Plumbing Supplies 4739 73.08 Brewn, O'Donnell, Miller, Brown Legal Services and Dannis 4740 197.00 L. Craia Britton Out-of-Town Meeting Expense 4741 48.90 California Chamber of Commerce Resource Documents 4742 177.56 California Water Service Company Water Service 4743 202.00 Carpeteria Carpet-Ranger Residence 4744 2.17 Central Stationers Office Supplies 4745 163.81 Clark's Auto Parts/Machine Shop Vehicle Parts 4746 582.54 Sheryl Marion Cochran Reimbursement--Permits and Private Vehicle Expense 4747 100.22 Communications Research Company Radio Repairs 4748 110.00 Campbell Towing Towing Services 4749 100.66 Patrick Congdon Reimbursement--Window Blinds 4750 295.00 Council on Education in Management Seminiar Registration--D. Dolan 4751 154.13 Crest Copies, Inc. Plans--Skyline Water System 4752 4,405.00 Earth Systems Consultants Consulting Services--Week-s Road 4753 1,122.00 Employment Development Department State Unemployment Insurance 4754 1,064.51 Emergency Vehicle Systems Emergency Lights Installation 4755 26.75 Epic Marketing Company, Inc. Radio Case 4756 162.38 Expedite Signs 4757 89.25 Federal Express Corporation Express Mail 4758 95.75 Film to Frame Slides and Mounting for Display 4759 600.00 First American Title Insurance Preliminary Reports Company 4760 743.00 Flinn, Gray & Herterich Vehicle Insurance 4761 108.76 Foster Bros. Security Systems,Inc. Locks and Feys 4762 38.58 Forestry Suppliers, Inc. First Aid Supplies 4763 38.08 G & K Services Shop Towel Service 4764 215.83 Gardenland Pacer Equipment Equipment and Repairs 4765 1,355.64 Garcia Pump & Well Company Pump Repair 4766 325,000.00 Gateway Title Company Land Purchase--Bartels 4767 773.15 Goodco Press, Inc. Printing 4768 459.57 Home Depot Field Equipment and Supplies 4769 49.00 Phillip Hearin Reimbursement--Uniform Expense 4770 2,670.00 Huettig & Schronm, Inc. Construction Management Services--Range: Field Office 4771 25.33 Hyster Sales Company Equipment Part 4772 145.01 Independent Business Products Office Supplies 4773 1,391.01 Jeda Publications, Inc. Printing--Trails Brochure 4774 169.36 Keeble & Shuchat Slide Processing and Equipment 4775 44.82 Langley Hill Quarry Base Rock i Claims No. 93-16 Meeting 93-19 Date: Sept. 22, 1993 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Name Description -------------------------------------------------------------------------------------------------- 4776 53.30 Judy Law Private Vehicle Expense 4777 298.52 * Linotext Photographs 4778 200.00 Lopez Gardening Service Gardening Services 4779 279.81 Los Altos Garbage Company Garbage Service 4780 1,400.00 Magana's Building Maintenance Building Maintenance 4781 223.00 McGrath RentCorp Temporary Office Rental 4782 700.07 Minton's Lumber Company Field Supplies 4783 3,079.53 Miracle Auto Painting Vehicle Repairs 4784 8,057.71 Murray & Murray Legal Services 4785 180.00 National Safety Council District Membership 4786 582.64 Noble Ford Tractor, Inc. Tractor Parts and Repairs 4787 27.66 Northern Energy Propane Fuel 4788 733.09 Orchard Supply Hardware Field Supplies 4789 1,351.53 Pacific Bell Telephone Service 4790 26.12 Page & Turnbull Architectural Services--Picchetti 4791 149.71 Peninsula Blueprint, Inc. Contruction Signs 4792 298.15 Pilarcitos Quarry Base Rock 4793 750.98 PIP Printing Printing--District Regulations 4794 324.75 Thomas Randall Reimbursement--Window Blinds 4795 156.96 Rochester Midland Corporation Restroom Chemicals 4796 32.50 Rayne Water Company Water Service 4797 394.30 J. L. Rice Trucking & Material Freight Expense 4798 2,506.54 Roy's Repair Service Vehicle Repairs and Maintenance 4799 65.00 Safety-Kleen Corporation Solvent Tank Service 4800 436.75 San Jose Mercury News Advertisement 4801 400.00 Santa Clara County Health Services Fuel Storage Permit 4802 10.00 Scenic America Resource Documents 4803 1,736.00 Scribner Graphic Press Fall Newsletter Printing 4804 71.57 Signs of the Times Signs 4805 180.32 Sk',11ine County Water District Water Service If 4806 74.64 Summit Uniform Uniform Expense 4807 30.65 Sunnyvale Medical Clinic Medical Services 4808 49.28 Taylor Rental Equipment Rental 4809 838.94 Teeco Products Propane Refrigerator 4810 1,495.56 TRW-Redi Microfishe Assessor's Records 4811 48.14 Unocal Fuel 4812 1,485.24 Valley Oil Company Fuel 4813 90.66 Value Business Products Office Supplies 4814 2,717.00 Whitmore,Johnson & Bolanos Legal Services 4815 140.00 Western Exterminator Company Exterminating Services 4816 768.55 The Workingman's Emporium Uniform Expense 4817 2,432.43 Yardbird Equipment Sales Equipment and Repairs 4818 1,500.00 Environmental Concepts Perc Test--Benedetti Property 4819 4115.34 Pacific Gas and Electric Company Electrical Facilities Installed--Rancho 4820 248.66 Petty Cash Local and Out-of-Town Business Meetings, Field and Office Supplies, Resource Documents, Seminar Registration, and Private Vehicle Expense *Urgent check issued on September 14, 1993.