HomeMy Public PortalAbout19931208 - Agendas Packet - Board of Directors (BOD) - 93-24 i
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 93-24
REGULAR MEETING
BOARD OF DIRECTORS
AGENDA
7:30 P.M. 330 Distel Circle
Wednesday Los Altos, California
December 8, 1993
(7:30) * ROLL CALL
** ORAL COMMUNICATIONS -- Public
SPECIAL ORDER OF THE DAY
Resolution Supporting the Californians for Parks and Wildlife Bond Act of 1994
ADOPTION OF AGENDA
*** ADOPTION OF CONSENT CALENDAR -- B. Crowder
*** APPROVAL OF MINUTES
November 17, 1993 (Consent Item)
December 1, 1993 (Consent Item)
*** WRITTEN COMMUNICATIONS (Consent Item)
BOARD BUSINESS
(7:45) 1. Acceptance of Hosking Bankruptcy Agreement and Proposed Addition of
Theresa Hosking Property to the El Corte de Madera Open Space Preserve--
C. Britton
Resolution Authorizing Acceptance of Bankruptcy Agreement, Authorizing
Officer
O ce to Execute Certificate
sate 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 (El Corte
de Madera Open Space Preserve - Lands of Hosking)
(7:55) 2. Notice of Contract Completion for the Weeks Road Project at La Honda Creek
Open Space Preserve -- C. Britton
a
(8:05) 3. Award of Consultant Contract for Mt. Umunhum Building and Infrastructure
Assessment -- R. Anderson
(8:10) 4. Status Report From General Manager Search Committee -- T. Henshaw
330 Distel Circle Los Altos, California 94022-1404 • Phone: 415-691-1200 • FAX: 415-691-0485
Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit
(8:40) 5. Committee Consolidation -- B. Crowder
(9:10) INFORMATIONAL REPORTS -- Directors and Staff
*** REVISED CLAIMS (Consent Item)
CLOSED SESSION (Litigation, Land Negotiations, and Personnel Matters)
ADJOURNMENT
i
*NOTE: Times are estimated and items may appear earlier or later than listed. Agenda is
subject to change of order.
** TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time
each item is considered by the Board of Directors. You may address the Board concerning other
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 approved without discussion by one motion unless a
Board member removes an item from the consent calendar for separate discussion A member of the
public may request under oral communications that an item be removed from the consent calendar.
NOTICE OF PUBLIC MEETINGS
The Regular December 22 Meeting of the Board of Directors has been rescheduled to December 15,
1993 beginning at 7:30 P.M. at the District office.
The 20th Anniversary Committee will meet on Wednesday, December 8, 1993 beginning at 6:30 P.M. at
the District office. The purpose of the meeting will be to wrap-up the 20th Anniversary events.
The Dog Committee will meet on Tuesday, December 14, 1993 beginning at 7:00 P.M. at the Mountain
View Community Center, 201 South Rengstorff Avenue in Mountain View. The meeting will be to
review the draft scope and schedule for studies leading to an update of the District's program and
policies on dog access.
The Legislative Committee will meet on Wednesday, December 15, 1993 beginning at 5:30 P.M. for the
purpose of meeting with the District's legislative consultant on up-coming legislative activities.
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
SUPPORTING THE CALIFORNIANS FOR PARRS AND WILDLIFE BOND ACT OF 1994
WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District finds that providing
publicpark, open space and recreation services is of vital environmental, social and economic interest to the
citizens of our community, region and state; and
WHEREAS, a coalition of community and conservation groups,business and labor,historic preservation and
other organizations have undertaken a volunteer, community based effort to place a park, open space,
recreation and wildlife General Obligation Bond Act on the June, 1994, ballot; and
WHEREAS, the bond act will provide funds for much-needed facilities for the enhancement of our
community, region and state including urban forestry, park, open space and recreation facilities, historic
preservation, and a wide variety of other programs; and
WHEREAS, CalPaw '94 includes funding for at-risk youth facilities, in order to reduce crime, drug activity,
and gang violence in our community, region and state which includes funds to all 16 cities within the
District's boundaries for refurbishment adn enhancement of public parks and recreation facilities; and
WHEREAS, the Midpeninsula Regional Open Space District will receive funding for acquisition of open
space lands for additions to the El Corte de Madera, La Honda Creek, Skyline Ridge, Sierra Azul, Pulgas
Ridge, Purisima Creek Redwoods, Windy Hill,Monte Bello, St. Joseph's Hill,Rancho San Antonio, Saratoga
Gap, Fremont Older, El Sereno, Russian Ridge and Long Ridge Open Space Preserves if CalPaw '94 is
approved by the voters; and
WHEREAS, other projects benefiting the mdpeninsula region include Bay Area Ridge Trail and San
Francisco Bay Trail grants, San Francisco Bay wetlands grants and acquisitions, wetlands restoration grants,
San Mateo County coastal preservation grants, and San Mateo, Santa Clara and Santa Cruz parks, open
space and recreation projects if CalPaw '94 is approved by the voters; and
WHEREAS, thousands of jobs will be created with the passage of this bond;
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open
Space District endorses the CalPaw '94 initiative, and also endorses the specific proposition that contains
the measure as it will appear on the June 1994 ballot.
Adopted b the Board Directors,0 0 os
P y .f ,
December 8, 1993
III �
Open Space
i • t
"+r..��..•'1....
Meeting 93 2�
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
REGULAR MEETING
BOARD OF DIRECTORS
November 17, 1993
MINUTES
I. ROLL CALL
President Betsy Crowder called the meeting to order at 7:35 P.M.
Members Present: Ginny Babbitt, Betsy Crowder, Wim de Wit, Nonette Hanko, Teena
Henshaw, Robert McKibbin, and Pete Siemens.
Personnel Present: Craig Britton, Jean Fiddes, Randy Anderson, John Escobar, Malcolm Smith,
Del Woods, Stanley Norton and Deborah Zucker.
II. ORAL COMMUNICATIONS
There were no oral communications
III. SPECIAL ORDER OF THE DAY
Resolution Supporting the Friends of the Stevens Creek Trail
Motion: G. Babbitt moved that the Board adopt Resolution 93-36, a Resolution of the Board of
Directors of the Midpeninsula Regional Open Space District Supporting the Friends of
the Stevens Creek Trail. N. Hanko seconded the motion. The motion passed 7 to 0.
IV. ADOPTION OF AGENDA
B. Crowder stated that the agenda was adopted by Board consensus.
V. ADOPTION OF CONSENT CALENDAR
P. Siemens requested removal of the Land and Water Conservation Fund Reapplication for the
Windy Hill Access Project agenda item from the consent calendar.
Motion: P. Siemens moved that the Board adopt the consent calendar, including approval of
minutes of October 27, 1993 Regular Meeting; the response to the written
communication dated October 20, 1993 from Steve Okonek, 2021 Touraine Lane,
Half Moon Bay; authorization for the acting general manager to execute the Permit
to Enter Thornewood property for CalTrans to make emergency repairs to State Route
84; authorization to solicii bids for a transport trailer; adoption of Resolution 93-37, a
Resolution of the Board of Directors of the Midpeninsula Regional Open Space
330 Distel Circle Los Altos, California 94022-1404 Phone:415-691-1200 FAX:415-691-0485
Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit
Meeting 93-22
Page 2
District Urging the San Francisco Water Department to Allow More Direct
Community Involvement in Preparation of Watershed Management Plans; adoption of
Resolution 93-38, a Resolution of the Board of Directors of the Midpeninsula
Regional Open $pace District Approving the Application for Environmental
Enhancement and Mitigation Program Funds Under Section 164.56 of the Streets and
Highways Code for the Sierra Azul Open Space Preserve Trailhead Acquisition
Project; and revised claims 93-19. G. Babbitt seconded the motion. The motion
passed 7 to 0.
VI. PUBLIC HEARING
Proposed Annexation to the District of Lands Adiacent to Russian Ride Open Space Preserve
(Report R 93 119)
B. Crowder declared the Public Hearing open at 7:38 P.M.
D. Woods showed the location of the property to be annexed on a wall map. C. Britton stated
that the purchase agreement approved by the Board on September 22, 1993 for the acquisition of
the Norton property as an addition to Russian Ridge Open Space Preserve provided for
commencement of annexation procedures for the portions of the Norton property lying outside the
District's`formal boundaries. He said that adjoining property owners, Donald and Elizabeth
Aitken, had agreed to join in
g the anne
xation ex anon request. He as
ked sked that the Board adopt the
resolutionP
requesting initiation of annexation by the Santa Clara County Local Agency Formation
Commission. He requested that the Boa
rd state b motion that the
Di
portion of the property tax revenue Y strict would not request a
P ue P from om the ar
ea to
be annexed
There was no public comment on the proposed annexation.
Motion: N. Hanko moved that the Board close the Public Hearing. R. McKibbin seco
nded t
motion. The motion passed 7 to 0. he
B. Crowder declared the public hearing closed at 7:45 P.M.
Motion: P. Siemens moved that the Board adopt
t Resolution 93_
39, a Resolution of the Board
of Directors oftheM'idpeninsula Regional Open Space Distract Requesting Initiation
of Annexation Procedures by the Santa Clara County Agency Local A enc Formation
Commission
(Midpenmsula Preserves 1993 - Russian Ridge and state that the District
would not request a portion of the property tax revenue from the area to be annexed.
N. Hanko seconded the motion. The motion passed 7 to 0.
VII. BOARD BUSINESS
A. Pro osed Addition of Moeller Pro erti and Evat Pro e to the Kennel Limekiln Area
of Sierra Azul Open Space Preserve (Report R 93 120,E
C. Britton stated that the terms of the standard purchase agreements were a purchase rice
of$65 000 for the - P
36 acre Evatt property, and $157,000 for the 98.34-acre Moeller
property. D. Woods located the properties on a wall map and showed slides of the
property that featured the importance of the properties providing a Ridge Trail connection
from Lexington Reservoir Recreation Area to Almaden Quicksilver County Park.
Meeting 93-22 Page 3
Benjamin Levy, 175 Calvert Drive, Cupertino, asked why the District intended to withhold
the property from dedication. C. Britton explained that, because of the patchwork of
privately-owned and publicly-owned parcels in the area, the District withheld properties
from dedication at the time of acquisition and that the properties would be reviewed for
potential dedication at the time use and management plans are completed. He stated that
the existing Priest Rock Trail was open to the public.
Motion: G. Babbitt moved that the Board adopt Resolution 93-40, a 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 Moeller). P. Siemens seconded the motion. The motion passed 7 to
0.
Motion: G. Babbitt moved that the Board adopt Resolution 93-41, a 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 Evatt). P. Siemens seconded the motion. The motion passed 7 to 0.
Motion: G. Babbitt moved that the Board tentatively adopt the Preliminary Use and
Management Plan recommendations contained in the report, including naming
the properties as additions to the Kennedy Limekiln Area of Sierra Azul Open
Space Preserve, and indicate its intention to withhold the properties from
dedication as public open space at this time. P. Siemens seconded the motion.
The motion passed 7 to 0.
B. District Contribution to Peninsula Qoen Space Trust Toward Acquisition of the Former
Phleger Property (Report R-93-126)
C. Britton stated that Peninsula Open Space Trust (POST), with the participation of the
District and Save-the-Redwoods League, championed the effort which resulted in an
agreement to purchase the 1,200-acre property from the Herman Phleger family at a
bargain price of $25 million. He said that POST also succeeded in obtaining a $5.25
million federal appropriation as the first half of the remaining purchase price. He noted
that POST plans to sell the property to the federal government as an addition to the Golden
Gate National Recreation Area (GGNRA). He said POST had requested an advance of
$3,000,000 from the District's commitment of$6,000,000 toward the project because of
interest payments due the Phleger family beginning in December 1993, that the advance of
funds would be secured by a recorded Deed of Trust, and that the Deed of Trust would be
reconveyed at such time as the federal government acquires the land from POST. He
further explained the proposed transaction between POST and the federal government that
would involve payment of the balance of the District's commitment to the purchase. He
said that the District has indicated a willingness to consider managing the land for GGNRA.
R. McKibbin asked about the District's rights in the land upon its acquisition by the federal
government. C. Britton stated that the District would have no rights but would have
Meeting 93-22 j
Page 4
guarantees through the enabling legislation pertaining to the acquisition, that the property
would be a wilderness addition to the GGNRA.
Motion: N. Hanko moved that the Board adopt Resolution 93-42, a Resolution of the
Board of Directors of the Midpeninsula Regional Open Space District
Approving a Secured Loan to Peninsula Open Space Trust to be Forgiven
Upon Sale of the Former Phleger Property by the Federal Government as an
Addition to the Golden Gate National Recreation Area and Commending
Peninsula Open Space Trust and Its Partners and Supporters for Their
Incredible Success. T. Henshaw seconded the motion. The motion passed 7
to 0.
C. Propert Tax Allocation from Pro sed East Palo Alto atewa 1101 Corridor
Y no G y
Redevelopment Project (Report R 93 M
J. Fiddes said that the District participated in the fiscal review committee for the proposed
East Palo Alto Gateway/101 Corridor Redevelopment Project. She said that, if the
proposed project is approved, the fiscal agreement between the Redevelopment Agency of
the City of East Palo Alto and the District, would require that the Redevelopment Agency
pay the District as an affected taxing entity, according to a statutory schedule of mitigation
payments established by Assembly Bill 1290, which takes effect January 1, 1994. She said
that, over the 40 years of the project, the estimated payments would total $840,988.
Motion: R. McKibbin moved that the Board adopt Resolution 93-43 a Resolution of
the Board of Directors of the Midpeninsula Regional Open Space District
Approving Fiscal Agreement Between the Redevelopment Agency of the City
of East Palo Alto and the Midpeninsula Regional Open Space District. T.
Henshaw seconded the motion. The motion passed 7 to 0.
D. Exchange of Easements with Pacific Gas and Electric Company at Rancho San Antonio
Op ep
en Space Preserve (Rort R 93 1221
C. Britton stated that Pacific Gas and Electric Company (PG&E) would perform the
underground electrical service construction project required by the license between the District and Smart SMR, dated September 8, 1993, only with a formal agreement
easement for maintenance from the District. He said that a unanimous vote of the Board
was required for the exchange of easement rights of the land dedicated as public open space
for PG&E's overhead easement.
Motion: P. Siemens moved that the Board adopt Resolution 93-44, a Resolution of the
Board of Directors of the Midpeninsula Regional Open Space District
Authorizing Acceptance of the Quitclaim of Interests in Real Property,
Authorizing Officer to Execute Certificate of Acceptance of Grant to District,
Authorizing Officer to Execute Deed Releasing Easement Rights, and
Authorizing Acting General Manager to Execute Any and All Other
Documents Necessary or Appropriate to Closing of the Transaction (Rancho
San Antonio Open Space Preserve - Exchange of Easements with Pacific Gas
and Electric Company). R. McKibbin seconded the motion. The motion
passed 7 to 0.
Meeting 93-22 r Page 6
J. Escobar reported on an attempted rape at St. Joseph's Hill Open Space Preserve.
C. Britton said that claims included legal fees for the Hosking agreement and that he intended to
have an agreement that would include payment of those fees by Mr. Hosking.
J. Fiddes presented the brochure announcing the general manager position. She announced that
Alexis Bryce, who had worked as the District's part-time receptionist for seven and a half years,
left the District to accept full-time position.
G. Babbitt said that the staff recognition dinner would be on December 2 at the Cupertino Senior
Center from 5:30 p.m. to 9:30 p.m.
S. Norton reported on a historical claim against the District and Carl Schoof and the current
subsequent cross-claim by Carl Schoof against the District. He asked the Board for a formal
denial of the claim.
Motion: R. McKibbin moved that the Board formally deny the cross-claim of Carl Schoof.
T. Henshaw seconded the motion. The motion passed 7 to 0.
IX. CLOSED SESSION
S. Norton announced that the litigation matter to be discussed in Closed Session, significant
exposure to litigation, fell under Government Code Section 54956.9 (b)(1). The Board recessed
to Closed Session on litigation matters at 8:55 P.M.
X. ADJOURNMENT
The meeting was adjourned at 10:00 P.M.
Deborah Zucker
Secretary
Meeting 93-22 Page 5
E. Land and Water Conservation Fund Reapplication for the Windv Hill Public Access Project
- Report R-93-1181
P. Siemens asked for background on the undergrounding requirement by the Town of
Portola Valley for the Windy Hill Public Access Project. C. Britton stated that
underground utilities were required by the Town of Portola Valley as a condition for the
permit to build the parking area along with the wheelchair-accessible foot trail to Sausal
Pond and trail connections. He said that since undergrounding the utilities was not essential
for public access, it was not included in the grant application.
Motion: P. Siemens moved that the Board adopt Resolution 93-45, a Resolution of the
Board of Directors of the Midpeninsula Regional Open Space District
Approving the Application for Land and Water Conservation Funds for the
Windy Hill Open space Preserve Public Access Project. R. McKibbin
seconded the motion. The motion passed 7 to 0.
VIII. INFORMATIONAL REPORTS
C. Britton said that he met with the District's lobbyist, Ralph Heim, and representatives of East
Bay Regional Park District, general manager Pat O'Brien and Bob Houston, on Monday,
November 15 concerning prop
osedosed
legislation to create
ate a
govern
ment code section for multi-
county districts. Discussion followed on having Ralph Heim brief the Board on December 15
and on rescheduling December's meetings.
Motion: N. Hanko moved that the Board reschedule the regular meeting of December 22 to
December 15. T. Henshaw seconded the motion. The motion passed 7 to 0.
A legislative committee meeting was scheduled for December 15 at 5:30 P.M.
C. Britton said that he and M. Smith would attend a hearing in Sacramento on how agencies use
assessment districts. He said that he talked with Bill Clark, a member of the advisory council
and the residents council at the Sequoias, who invited District staff to make a presentation about
Windy Hill. C. Britton also presented a fact sheet on the proposed CaIPAW '94 initiative. j
B. Crowder reported on her attendance with R. Anderson at the San Francisco Watershed
meeting presentation.
P. Siemens asked about appropriate action concerning Santa Clara County's application for a
mitigation grant near Highway 17. C. Britton stated that he would follow up on it to determine if
support had already been made or if some action by the District would be appropriate at this
time.
P. Siemens said that he and staff members met with Los Gatos Weekly's local editor and political
editor. Additionally, he reported that he was appointed to the Los Gatos Trail Committee.
N. Hanko reported that a steering committee of the District's founders met with the Gifts Policy
Committee to discuss founders' recognition, including a potential trail dedication.
W. DeWit complimented staff on the Kids' Art of Open Space event sponsored by the Palo Alto
Medical Foundation. M. Smith reported that the event was successful and accomplished the goal
of increasing awareness of the District.
Claims No. 93-19
Meeting 93-22
Date: Nov. 17, 1993
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Revised
# Amount Name Description
- - - - - -
-- --- --- ---- -- - ----------------------------------------------------------------------------------
4992 -----------
491.71 Acme & Sons Sanitation, Inc. Sanitation Services
4993 453.57 L.C. Action Police Supply Field Supplies
4994 207.04 AT&T Maintenance Agreement
4995 157.61 Randy Anderson Private Vehicle Expense
4996 216.50 Arne Sign & Decal Co., Inc. Decals
4997 220.51 Barron Park Supply Co. Plumbing Supplies
4998 200.00 Bettencourt American Landscape October Gardening Service - Distel Circle
4999 5,041.11 Bianchi Construction, Inc. Picchetti Blacksmith Shop Restoration
5000 5,108.65 Binkley Associates Consulting--Skyline Water System
5001 850.50 Brian Kangas Foulk Slope Density Study--Teague Hill
5002 850.00 California Solvent Recycling Corp. Waste Disposal
5003 325.15 California Water Service Water Service
5004 3,705.00 Cannis Consulting Engineers Engineering Services--Weeks Road
5005 70.19 Capitol Enquiry, Inc. Maps
5006 98.83 Clark's Auto Parts/Machine Shop Vehicle Parts
5007 30.20 R.V. Cloud Co. Plumbing Supplies
5008 100.00 Coastside Proflame Propane Fuel
5009 170.25 Barrie D. Coate Horticultural Consulting--Weeks Road
5010 521.73 Bernadette Congdon Volunteer Patrol Vests
5011 50.00 Patrick Congdon Reimbursement--Interpretive Materials
5012 100.00 Conservation Fund Newsletter Subscription
5013 455.00 Daily Pacific Builder Legal Ad--Skyline Water
5014 8.97 Dennis Danielson Reimbursement--Field Supplies
5015 1,036.04 Design Concepts Brochure Revisions, Typesetting, Layout
5016 2,964.00 Earth Systems Consultants Engineering Services--Weeks Road
5017 210.21 Emergency Vehicle Systems Vehicle Parts
5018 2,216.00 Environmental Concepts Soil and Percolation Tests
5019 10.82 Film to Frame Photographic Services
5020 3,082.91 David B. Fisher, Esq. Legal Services
5021 222,000.00 Gateway Title Company Land Purchases--Moeller and Evatt
5022 201.50 Mary Gundert Reimbursement--Personal Vehicle
5023 602.00 Flinn, Gray & Herterich Vehicle Insurance
5024 20.20 G & K Services Shop Towels
5025 64-,W4-7 -8 Geotechnical Management, Inc. Services--Skyline Ridge Water System
61,415.85
5026 150.64 The Home Depot Field Supplies
5027 2,860.00 Heuttig & Schromm, Inc. Construction Management--Rancho
Field Office
5028
64.95 Hyster Sales Company Field Supplies Rental
5029 788:06 Jeda Publications, Inc. Brochure Printing
5030 362.98 Kaiser Cement Base Rock
5031 81.13 Keeble & Shuchat Photography Photo and Slide Processing
5032 309.29 Konica Business Machines Services and Supplies
5033 60.58 John Kowaleski Reimbursement--Uniform Expense
5034 100.00 La Honda Vista Water Company
5035 143.08 Judy Law p y Water Service
5036 Reimbursement--Personal Vehicle & Supplies
138.00 Los Altos Camera Shop Camera Repair
5037 541.76 Los Altos Garbage Company Dumpster Rental
aims No. 93-19
-.jate: Nov. 17, 1993
Meeting 93-22
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
-----------------------------g----------------------
5038 5,298.51 Merwin --`----"-----'----
5039 (Bucky) Mace Consulting Services
600.00 Magana's Building Maintenance October Janitorial Services
5040 128.60 Marin Supply Company Field Office Supplies
5041 446.00 McGrath RentCorp Temporary Office Rental
5042 341.09 Minton's Lumber & Supply Field Supplies
5043 88.87 Moffett Supply
an
PP Y Company Y
Office
5044 51684.09 Murray & Murray Supplies
5045 135.59 Noble Ford Tractor, Inc. Legal Services
5046 Vehicle Parts
37.34 Northern Energy, Inc. Propane Fuel
5047 2,377.00 Stanley Norton Litigation Ex enses--3rd g P Quarter 1992 and
5048 708.66 Office Depot September Expenses
Office Supplies
5049 437.92 Orcha
rd Supply Hardware Field Supplies
5050 20
.00 Bev Ortiz
5051 1,440.60 Pacific Bell Honorarium
Telephone Service
5052 106.57 Page & Turnbull, Inc.
5053 Architectural Services--Picchetti Area
5.30 City of Palo Alto Utilities
5054 35.00 Park Rangers Assn. of California Workshop Registration Fee
5055 77.29 Loro Paterson Reimbursement--Field Supplies
5056 119.60 Peninsula Blueprint, Inc. Blueprints
5057 3,000,000.00 Peninsula Open Space Trust p
Land Purchase
5058 * Contribution
1,200.00 Postage by Phone
5059 200.00 Michae
l T. Postage for Meter
uane
5060 Q Ranger Training
63.65 Patty Quillin Reimbursement--Copying Expense
5061 90.00 Rabbit Copiers Copier Maintenance
5062 28.83 Rancho Hardware & Garden Shop Field Supplies
5063 32.50 Rayne of San Jose Water Service
5064 1,083.37 Reed & Graham Inc. Asphalt
5065 100.00 Regal Dodge, Inc. Vehicle Repair
5066 564-99 Rich's Tire Service
1,104.42 Tires
5067 2,831.03 Roy's Repair Service
5068 83.07 Russ Enterprises, Inc. Vehicle Repairs and Maintenance
Signs
5069 159.18 Safety-Kleen Corp.
Solvent Tank Service
5070 145.00 David Sanguinetti .
5071 Reimbursement--Conference Registration
8,215.03 Seafirst Bank Promissory Note Payments
5072 62,907.00 Sevan Construction, Inc. Construction--Rancho Field Office
5073 3,240.00 E.R. Sheehan
Trail Work and Machine Rental
5074 238.09 Shell Oil Company Fuel
5075
635.83 John Shelton, Inc. Drainage Material
5076 452.00 Shelton Roofing Co., Inc.
5077 127.50 Rick Skierka Roof Repair
Land Survey
5078 277.66 Skyline County Water District
Water Service
5079 61.28 Malcolm Smith
508016 .28 Reimbursement--Personal Vehicle Expense
Taylor Rental Road Repair Vehicle Rental
5081 3,700.00 Mike Tobar Excavation Debris Removal--Puris ima Creek
5082 872.72 Uarco Inc. Office Forms
Claims No. 93-19
Feting 93-22
.te: Nov. 17, 1993
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
----------------------------------------------------------------------------------------------------------------------------------------------------------
5083 2,322.20 Valley Oil Company Fuel for District Vehicles
5084 66.03 Value Business Products Office Supplies
5085 171.14 WMI Services: Port-o-let Sanitation Services
5086 45.47 Westcoast Rebar Company Rebar
5087 5,053.49 Whitmore, Johnson & Bolanos Legal Fees--Personnel
5088 1,981.00 Windward Construction Co. Inc. Telephone Circuit and Exhaust Fan
5089 164.81 Workingman's Emporium Field Uniform Supplies
5090 48.93 Joan Young Reimbursement--Volunteer Uniforms
5091 5,551.42 Hertz Equipment Rental Equipment Rental
5092 4,655.45 Two R.M.'s Sales and Service Field Equipment
5093 9,355.50 Tomlinson, et al Legal Services--Hosking
5094 281.42 Petty Cash Local and Out-of-Town Meeting Expense,
Field Office and Drafting Supplies, v.
Film 4
g
i
Developing and Private Vehicle Expense
111
*Urgent check issued on November 2, 1993
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 93-23
SPECIAL MEETING
BOARD OF DIRECTORS
December 1, 1993 4
MINUTES
I. ROLL CALL
President Betsy Crowder called the meeting to order at 6:05 P.M.
Members Present: Ginny Babbitt, Betsy Crowder, Wim de Wit, Nonette Hanko,
Teena Henshaw, Robert McKibbin, and Pete Siemens.
Personnel Present: Craig Britton and Jean Fiddes. The study session portion of the
meeting was facilitated by George Sipel.
II. BOARD BUSINESS
A. Study Session on the Role of Board Members and Officers
The purpose of the study session was to discuss the role of the Board officers,
including the president, vice-president, secretary, and treasurer. The role of
Board members on committees was also discussed.
There was Board consensus that the role of the president includes: runs
meetingsf o the Board• k
,
keeps Board and others informed; represents Board
P P
policy to staff at agenda meetings; works with staff to develop agenda;
appoints committee members; represents District to public and other
government agencies; serves as spokesperson as designated; serves as
facilitator with rest of Board; and develops the vice-president.
There was Board consensus that the role of the.vice-president includes: assists
with agenda process; representation with other government agencies; and
serves as back-up for Board president.
Discussion also focused on the purpose of Board committees, the appointment
of alternate committee members, the taping of committee meetings, and the
attendance'of Board members not serving on a committee at committee
meetings. The Board stated that they would discuss these topics as part of the
committee consolidation agenda item scheduled for the December 8 Regular
Meeting.
C. Britton informed the Board that Deborah Zucker, office manager and
secretary to the general manager, would be leaving the District and distributed
330 Distel Circle • Los Altos, California 94022-1404 • Phone:415-691-1200 • FAX: 415-691-0485
Board of Directors:,Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit
1
Meeting -2 93 3 Page 2
copies of a questionnaire for the Board to complete in preparation for the
January goals and objectives workshop.
W. de Wit volunteered to substitute for N. Danko at the Friday, December 3
luncheon at which Liz Dana would be honored.
III. CLOSED SESSION
J. Fiddes stated that the Board would be meting in closed session on personnel
matters. The'Board recessed to closed session at 7:00 P.M.
IV. ADJOURNMENT
The meeting was adjourned at 7:48 P.M.
Jean H. Fiddes
District Clerk
I
RESPONSE ACTION PROPOSED BY STAFF
rd 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 Directives)
V d No Response Necessary
7-1111
NOV 18199� ��, y 3
ol
-17
IJ
J Z7-
Open Space
DRAFT RESPONSE PREPARED BY STAFF MIDPENINsuLA REGIONAL OPEN SPACE DISTRICT
FOR BOARD CONSIDERATION
Hilda Rein
22399 Cupertino Road, #V5
Cupertino, CA 95014
Dear Ms. Rein:
Thank you for your November 16, 1993 letter expressing your support for Deer
Hollow Farm. The District's Board of Directors reviewed your comments at our
Regular Meeting last night. We share your concern about the future of Deer Hollow
Farm.
The District recognizes the importance of Deer Hollow Farm to the community. We
know the farm has been na valuable resource to the children who participate in the City
of Mountain View's programs, as well as the preserve visitors who enjoy the farm
when they use the trails. The District's contributions to the program include
cooperative maintenance projects and leasing the site to the city free of charge.
Like the City of Mountain View and other local agencies, we have been forced to
make budget cuts. The State's financial problems have created an uncertain future for
the District's funding. Even so, we are very interested in working with the city to
find a viable solution, and will do what we can to help. Representatives from the
District, the City of Mountain View, and other agencies will be meeting soon to
discuss this matter. We appreciate your support for Deer Hollow Farm.
Sincerely,
President Betsy Crowder, es dent
Board of Directors
BC/crb/kh
cc
: Board of Directors
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
Genera/Manager:Herbert Grench Board of Directors:Pete Siemens,Robert M(Kibbin, Ieena I lenshaw,Ginny Babbitt,Nonetle Hanko,Betsy Crowder,Wini de Wit
I{ RESPONSE ACTION PROPOSED BY STAFF
SOQUEL CREEK ( Board President Ack dge/Respond
WATER DISTRICT �1 Director ,wledge/Respond
C2&
i Staff Acknowledge/Respond
5180 SOQUEL OR.
P.O.BOX158 Draft Response Attached
SOQUEL,CA95073 Staff to be Directed to Prepare Draft
TEL408-475-8500/408-688-2288 Response for Board Consideration per
Board Directives)
FAX 408.475-4291
i' No Response Necessary
DIRECTORSNovember 22 , 1993
DANIEL F.KRIEGE
aresdenr NOV
A Q�3
b.!
RJ
JOHN W.BEEBE �•
JAMES M BARGETTO
NONA P.PIERCE
GARY E HAZELTON President of the Board of Directors
Mid-Peninsula Regional Open Space District
ROBERT M.JOHNSON Jr 3 3 0 D i s to 1 Circle
General Manager ,
0*fErVnw Los Altos, CA 94022
Subject: Special District Representation on LAFCO
Dear President of the Board:
Recently enacted AB 1335 provides LAFCO with the power to
initiate consolidations of special districts beginning July 1,
1994 . That same bill mandates LAFCO to seat two special district
members if a majority of the special districts in the County sign
the necessary petition. The special districts have the period
between January 1, 1994 and July 1, 1994 , to have representation
on LAFCO in place when LAFCO gains 'the ability to initiate
consolidations of special districts. It appears that it would be
in the best of interest of the independent special districts in
Santa Cruz County to meet and discuss an action in this regard.
There is a fifth Monday in January and it is suggested that a
meeting on that date, January 31, 1993 , at the Jade Street
Community Center in Capitola, beginning at 7 : 00 p.m. , would not
be in conflict with a regular meeting date of the various special
districts. There are 27 special districts listed. Therefore, we
suggest you appoint one or two people to represent your district
at this meeting. The agenda for the meeting would be as follows:
1. Petition LAFCO for seating of two special district
representatives.
2 . Formation of Special District Association to select represen-
tatives.
Pat McCormick, Executive Director of LAFCO, is preparing a sample
resolution for the seating of two special district members on
LAFCO providing that a majority of the special districts in the
County sign the necessary petition.
President of the Board of Directors
Mid-Peninsula Regional Open Space District
November 22 , 1993
Page 2
If you are interested in attending this meeting, please call
District Secretary Jackie Yonemura indicating the names and
number of those representatives that will be in attendance from
your District. Also do not hesitate to call our District
Secretary if you need any additional information in this regard.
Sincerely,
SOQUEL CREEK WATER DISTRICT
Daniel F. Krieg resident
Board of Directors
DFK:RMJ: jjy
Open Space
------------------
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION
Daniel F. Kriege, President
Board of Directors
Soquel Creek Water District
P. O. Box 158
Soquel, CA 95073
Dear Mr. Kriege:
The District's Board of,Directors reviewed your November 22, 1993 letter regarding special
district representation on Santa Cruz County's Local Agency Formation Commission
(LAFCO) at our Regular Meeting last night. The District is in a unique situation since
portions of three counties fall within its boundaries, with the majority of the District's lands
in Santa Clara and San Mateo Counties. In light of this situation, we have directed our
acting general manager, L. Craig Britton, to work with District legal counsel to ascertain the
appropriate level of participation for our District in Santa Cruz County.
Mr. Britton will be contacting you to advise whether District representatives will be attending
the January 31 meeting in Capitola.
Thank you for advising us of these important special district matters in Santa Cruz County
and please keep the District on any mailing lists pertaining to this matter.
Sincerely,
Betsy Crowder, President
Board of Directors
BC/JF/e*
J
cc: Board of Directors
330 Distel Circle • Los Altos, California 94022-1404 Phone: 415-691-1200 FAX:' 415-691-0485
Board of Directors:Pete Siemens,Robert M(Kibbin, leena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wini de Wit
RESPONSE ACTION PROPOSED — STAFF
Board President Acknowle espond
Director Acknowledge/Respond
Staff Acknowledge/Respond
Draft Response Attached
Staff to be Directed to Prepare Draft
Response for Board Consideration per
Board Directive(s) 2 91993
No Response Necessary NOVIY v `UJUJ
To: Council for the Midpeninsula Open Space District
We the undersigned residents of the peninsula and surrounding areas have
signed this petition to show our support of keeping the Midpeninsula Open
Space District available for people and their dogs. In fact, we favor
increasing the number of trails open to people with dogs.
As responsible dog owners, we vow to obey leash laws, pick up after our
pets (droppings), and treat other hikers with respect and courtesy. Please
protect the priviledge of hiking with a well trained, well mannered canine
companion. In our increasingly crowded and hectic environment, it is
indeed a pleasure we don't want to lose!
Name: Address:
1
f,
r
0 c-XCW 60D 00 P)CI Gf cA Ct` �j L( �—
V � f 1 � I
i
91061
1hr, L0m+F(-qoV So-H
iO
r �
� (o2f4
410
��Jf
saltIfa
J
MAdO
Open Space
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION
Ms. Diane Bassett
Mr. Dennis Murray
SAME LETTER SENT TO ALL SIGNERS OF PETITION
3921 Coronado Way
San Bruno, CA 94066
Ms. Bassett and Mr. Murray:
We have received the petition you recently signed regarding dogs on open space preserves.
The District's Board of Directors reviewed the petition at our Regular Meeting last night.
We appreciate your pledge to obey leash laws, pick up after your pet, and treat other hikers
with respect and courtesy.
Your request to maintain and expand access for dogs to the preserves will be forwarded to
the committee the Board has appointed to review this issue. The District is beginning a
study to review its current program of dog access. All suggestions will be discussed during
a series of public meetings conducted by the Dog Committee. These meetings will lead to
the development of a general dog use policy, as well as a plan for designating dog use at
specific open space preserves.
The next Dog Committee meeting will take place December 14 at 7:00 p.m. The meeting
will be held at the Mountain View Community Center, Room 3 - 201 South Rengstorff, in
Mountain View, on the south side about midway between U.S. 101 and El Camino. We
welcome your participation. District staff added you and your co-signers to our mailing list
and sent you the materials for this Dog Committee meeting, which you should have received
in advance of this letter. We apologize if we have misspelled your name, as we had
difficulty deciphering some of the writing on the petition.
Sincerely,
Betsy Crowder, President
Board of Directors
BC/RA/dz
cc: Board of Directors
330 Distel Circle Los Altos, California 94022-1404 Phone:415-691-1200 FAX:415-691-0485
Board of Directors:Pete Siemens,Robert M(Kibbin,Teena I lenshaw,Ginny Babbitt,Nonette Hanko, Betsy Crowder,Wim de Wit
Open Space .
I J
R-93-121 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 93-24
December 8, 1993
AGENDA ITEM
Acceptance of Hosking Bankruptcy Agreement and Proposed Addition of'1�Teresa Hosking
Property to the El Corte de Madera Open Space Preserve
i
ACTING GENERAL MANAGER'S RECOMMENDATIONS
1. Adopt the attached resolution authorizing acceptance of bankruptcy agreement,
includin 'the purchase,of the Theresa Hosking property. ,
�
2. Tentatively adopt the Preliminary Use and Management Plan recommendations
contained in this report, including naming the property as an addition to the El Corte
de Madera Open Space Preserve.
3. Indicate your intention to withhold the property from dedication as public open space
at this time.
DESCRIPTION (see attached man)
The 3.8 acre parcel proposed for acquisition is located in San Mateo County adjacent to El
Corte de Madera Open Space Preserve. It is situated along Star Hill Road, approximately
one mile south of Skyline Boulevard, on a predominate ridge between Tunitas Creek and El
Corte de Madera Creek. The parcel, referred to as "Theresa's Lot", is owned by Theresa
Hosking. Acquisition of this parcel is part of the bankruptcy agreement, discussed in detail
in the terms section, between Alan and Theresa Hosking and the District.
The parcel is on the west side of Star Hill Road directly opposite the eastern portion of El
Corte de Madera Open Space Preserve. The parcel is bounded by private property to the
north, east, and south. There is also a private parcel on the opposite side of Star Hill Road
which is bounded on three sides by District land.
The irregular shaped, undeveloped parcel is distinguished by redwood forest which is
characteristic of this region. The southern portion of the property has a relatively large flat
area alongside the road that gives way to steep east facing slopes above Tunitas Creek. The
flat area is comprised of open grassland and the surrounding area is mixed forest with
redwood, tanoak, madrone, fir, and oak. Alongside Star Hill Road, there is a dominate
redwood tree that is approximately eight feet in diameter.
330 Distel Circle • Los Altos, California 94022-1404 + Phone:415-691-1200 # FAX:415-691-0485 (9
Board of Directors:Pete Siemens,Robert McKibbin,Teena Nensbaw,Ginny Babbitt,Nonette I lanko,Betsy Crowder,Wim de Wit
1
R-93-121 Page 2
The northern portion of the property forms a narrow panhandle between Star Hill Road and a
private parcel lying to the east. The panhandle and private parcel are separated by an
unimproved trail bordering the property to the north and east. A driveway and two water
tanks that serve the private residence are also located in the panhandle.
USE AND MANAGEMENT PLAN
Planning Considerations
The property is in the unincorporated area of San Mateo County and zoned RM (Resource
Management). The parcel is rated in the District's Open Space Master Plan as having
moderately high composite open space values. The property is particularly important in
terms of protecting natural vegetation and wildlife habitat, and enhancing public access
opportunities.
The property's flat area along Star Hill Road may be suitable for developing a neighborhood
parking area. On the opposite side of the road, an existing trail enters the preserve and
connects to El Corte de Madera Creek, Sandstone Caves, and other trails within the
preserve. Currently, neighbors residing in the vicinity of the property tend to park on along
narrow portions of road or access the preserve from Skyline Boulevard. The neighborhood
parking area concept will be one of many land uses to be considered when formulating the
preserve's Comprehensive Use and Management Plan which is anticipated to be completed in
1994. An initial public workshop was held last year to discuss use and management issues
and additional public workshops may be useful if the neighborhood parking area is proposed.
Preliminary Use and Management Plan Recommendations
Dedication: Indicate your intention to withhold dedication of the property at this time.
Name: Name the property as an addition to El Corte de Madera Open Space Preserve.
Signs: Install private property and preserve boundary signs where appropriate.
Brochure: Update the site map to include the properties and existing trail; indicate no public
parking at this time.
+ ,I
R-93-121 Page 3
TERMS
At your meeting of January 13, 1988 you approved the second amendment to the 1985
Hosking Agreement (see report R-88-09, dated January 7, 1988). This transaction provided
for the acquisition of all the remaining Hosking lands that currently comprise El Corte de
Madera Open Space Preserve. However, because the final purchase decision does not occur
until 1995, that Agreement contained many provisions governing the ongoing financial
relationship between the District and Alan Hosking, including a note in the amount of
$500,000 that was non-transferrable. The main reason for this non-transferrable note
provision was to provide a readily available source of off-set for monies that were either
owed to the District by Alan Hosking (such as rent, tenant deposits, attorney fees, damages,
and interest) and funds that might be advanced by the District on Mr. Hosking's behalf, such
as land bank payments. This note accrues interest at the rate of 8%. Each year, almost all
of the accrued interest, totalling $40,000, has been off-set based upon a cumulative
accounting of monies owed by Mr. Hosking or advanced on his behalf by the District.
Because of the recent downturn in the economy and other reasons, Mr. Hosking filed a
voluntary petition under Chapter 11 of the Federal Bankruptcy Code on July 31, 1992. At
the time of this filing, District off-sets totalled more than $1,000,000; the $500,000 note was
still in place in the full principal amount; and the purchase price of the final transaction due
in 1995 was in excess of$7,000,000. Because of the unusual and complicated nature of the
various agreements, it was important for the District to preserve its proven off-sets, including
the "unsecured" costs such as liquidated damages, attorneys fees, and interest accrued on all
of the advances following the date of the bankruptcy filing.
The District sought specialized legal council to deal with this complex bankruptcy matter,
and it was decided that a negotiated settlement with Mr. Hosking was the best alternative.
The most important asset the District had to offer was the release of the $500,000 note, so
that it could be sold to raise badly needed cash to help cure the bankrupt estate.
After a year of negotiations, a bankruptcy agreement is before you for approval and
acceptance, and will subsequently require federal bankruptcy court confirmation. The major
components of the Agreement are:
1. The District would allow the $500,000 note to be sold or transferred to a third party.
However, the note would be modified to reduce the interest rate from 8% to 6%, the
term would be extended 5 years to March 1, 2003, and the debt would become
unsecured.
R-93-121 Page 4
2. The parties officially accept and agree to the District's claim of off-sets, which
currently total $1,382,102.64, including $100,000 in liquidated damages from Mr.
Hosking's extended occupancy of the "residential area" and $80,000 in District legal
fees, most of which were incurred as a part of the bankruptcy settlement process. All
of the District off-sets accrue interest at the rate of 12 percent per annum from the
date incurred.
3. The District would purchase "Theresa's Lot", the 3.8 acre parcel discussed earlier in
this report, for $100,000. The District, however, would be allowed a corresponding
$100,000 off-set toward the 1995 transaction, which means that the property would be
acquired by the District at no cost.
Miscellaneous provisions in the Agreement provide for consent by Richard Berger, one of
Mr. Hosking's main creditors, and bankruptcy court confirmation. Assuming that the entire
transaction is approved by all the necessary parties, escrow for the purchase of "Theresa's
Lot" would close as soon as possible after January 1, 1994.
Prepared by:
L. Craig Britton, Acting General Manager
Del Woods, Senior Open Space Planner
Contact Person:
L. Craig Britton, Acting General Manager
MIDPENINSOLA REGIONAL OPEN SPACE DISTRICT
El Corte de Mader Open Space Preser-
^f e
PURISIMA CREEK REDWOODS
OPEN SPACE PRESERVE °s
iY�}t4tS•'TT• L�` 1' f/•t L./,.��l��`.,, 1i �4': -r^M+J ��4'„ � ..� r �,e��
�� ia\"d f�•' .. �.J ��.-n._. f- ,-�ir`�,.,. �S� 1� 3 ��3�'e$� �t,. � q�' `Y
})i} 'f r��`.)I✓)( ! �t.-.1}� I'r�:i} \.: ...� c {�,-!"_-."�'�"...__-_'\�:
PRIVATE PROPERTY �r . C SKYLINE BOULEVARD
yf/,: �: =��..1.. l�'!L� � ;�4� S'1�.�••-,".��jt'� ,1 i" - ; ti�;.%�,o'�rL tv-=\�`-�-�.\� ��t �`' �� '
HIKERS AND RUNNERS _ ` t ;� �, a 1\;• ; �,,1, :ice w
ONLY ON TRAIL TO = /'' 4� ✓ ��' ll �6 _ J_
SANDSTONE FORMATION ^� \ �n> fl ; (CM01) � !
SANDSTONE FORMATION ��r. SKEGGS POINT -
t�4 •).r-� # _ - 0.8 MI
\ ,.- Y• �
METHUSELAH TRAILHEAD (CM02)c
PROPOSED ACQUISITION - • ,`���=_ ROADSIDE PARKING AVAILABLE
IHOSKING PROPERTY) VISTA
POINT i . _ �( •\ . `-
`�0.5 Miil-Nj.:� As
~ �P.:• S ° '� s .. '' GORDON MILL
o8ml ,/TRAILHEAD
\ hx
0.5
dMio
14
WUNDERLICH PARK
1.3�. 1 ' � f f�fr ) •�. MI.
t - 5l
GORDON MILL TRAIL
•� LAWRENCE CREEK w
1.5 ML;
0.5 MI. TRAILHEAD (CM06) !,
- % •. 2.5
M
LAINRENCE CREEK
TRAILS ,M t� O �< t
1
' 1 '� f f i�'` ` f,;•� r/�/ / i , t i �� ( �; ...,►t r_✓
�n :'C7 try• � t i •,�,�,�� r � - � �, J`r/'6�/ _../, �
LA HONDA r CREEK�-
, OPEN SPACE PRESERVE
;t,, NOV 1ss3 -„�
3 1 lr1.i
. . . . . . . . . . . . . . . . . . . - . . . . . . . . . . . .
. . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . .
. . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . .
PRIVATE
RESIDENCE WATER TANKS
PRIVATE PARCEL
. . . . . . . . . .
RIVA'TE. DRIVEWAY
. . . . . . . . . . . . . . . . . . . .
PROPOSED
ADDITION ELCORTE de MADERA .
OPEN SPACE. PRESERVE
PRIVATE
RESIDENCE
. . . . . . . . . .
. . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . .
YY PRIVATE PARCEL
. . . . . . . . . .
)�T
�RAIL
POTENTIAL t
PARKING
EL CORTE de MADERA
OPEN SPACE PRESERVE
TR A I L\\ k A
PRIVATE
PARCEL
RESOLUTION
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING ACCEPTANCE OF BANKRUPTCY
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 (EL CORTE DE
MADERA OPEN SPACE PRESERVE - LANDS OF
HOSKING)
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 Bankruptcy Agreement between
Alan Hosking and Theresa Hosking 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 $5,000 to cover the cost of title insurance, escrow fees, 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$100,000 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 N idpeninsula 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.
1.
r
BANKRUPTCY AGREMCE NT
BETWEEN
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
("DISTRICT")
AND
ALAN HOSKING AND THERESA HOSKING
(also known as THERESA RUTH HOSKING)
HUSBAND AND WIFE
(collectively referred to herein as "HOSKING"
December 1993
i
all'
r
PARTIES IN INTEREST
District: Midpeninsula Regional Open
Space District
330 Distel Circle
Los Altos, California 94022
Attention: Mr. L. Craig Britton
Acting General Manager
(415) 691-1200 (office phone)
(415) 691-0485 (office fax)
General Counsel Stanley R. Norton, Esq.
to District: 407 Sherman Avenue
Palo Alto, California 94306
(415) 324-1366 (office phone)
(415) 327-9151 (office fax)
Bankruptcy Janice M. Murray, Esq.
Counsel to Murray & Murray
District: 3030 Hansen Way, Suite 200
Palo Alto, California 94304
(415) 852-9000 office phone
(415) 852-9244 office fax
Special Counsel Jacqueline W. Stewart, Esq.
to District: 1580 Walnut Drive
Palo Alto, California 94301
(415) 325-8410 (home phone)
(415) 325-6519 (home fax)
Special Counsel Jim C. Curlett, Esq.
to District: Tomlinson, Zisko, Morosoli & Maser
480 California Avenue
Second Floor
Palo Alto, California 94306
(415) 325-8666 (office phone)
(415) 341-1808 (office fax)
Hosking: Alan Hosking
(in his capacity as
an individual and as the former
sole shareholder and successor in
interest to The Alan Hosking Ranch,
Inc. , a former California corporation)
125 Northgate Drive
Woodside, California 94062
Theresa Hosking
125 Northgate Drive
Woodside, California 94062
17301.7 i
L_ _
Counsel to Michael A. Whelan, Esq.
Alan Hosking: David W. Lively, Esq.
Steven J. Sibley, Esq.
Olimpia, Whelan & Lively
152 N. Third Street, Ninth Floor
San Jose, California 95112-5560
(408) 971-7252 (office phone)
(408) 971-6618 (office fax)
Counsel to Diana Hoffman, Esq.
Theresa Hosking: Hoffman and Kazubowski
2001 Gateway Place
Suite 401E
San Jose, California 95110-1012
(408) 441-8070 (office phone)
(408) 453-4150 (office fax)
17301.7 1 1
TABLE OF CONTENTS
1. Listing of Defined Terms . . . . . . . . . . . . . . . . . 2
1.1 Master Agreement. . . . . . . . . . . . . . . . . 2
1.2 First Overall Amendment. . . . . . . . . . . . . 2
1.3 Second Overall Amendment. . . . . . . . . . . . . 2
1.4 Real Property Purchase Agreement. . . . . . . . . 2
1.5 Plan of Reorganization. . . . . . . . . . . . . . 2
1. 6 Non-Transferable $500, 000 Note. . . . . . . . . . 2
1. 7 Restated Note. . . . . . . . . . . . . . . . . . 3
1.8 Amended Proof of Secured Claim. . . . . . . . . . 3
1.9 Theresa' s Lot. . . . . . . . . . . . . . . . . . 3
1.10 Preliminary Title Report . . . . . . . . . . . . 3
1. 11 Bankruptcy Court . . . . . . . . . . . . . . . . 4
1. 12 Permitted Exceptions . . . . . . . . . . . . . . 4
1. 13 Secured Claims . . . . . . . . . . . . . . . . . 4
1.14 Default Amount . . . . . . . . . . . . . . . . . 4
1. 15 Escrow Holder . . . . . . . . . . . . . . . . . . 4
2 . Hosking Acceptance of, and Bankruptcy Court Final Allowance
of, District's Amended Proof of Secured Claim . . . . . . . 4
3 . Conditions to Effectiveness of Bankruptcy Agreement. . . . 5
4. Amendment and Restatement of Non-Transferable $500, 000.00
Note. . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 . Conveyance to District by Hosking of Theresa' s Lot . . . . 6
6 . Miscellaneous Provisions . . . . . . . . . . . . . . . . . 8
6 . 1 GOVERNING LAWS . . . . . . . . . . . . . . . . . 8
6 .2 Attorneys' Fees . . . . . . . . . . . . . . . . . 8
6 .3 Amendment and Waiver . . . . . . . . . . . . . . 9
6 .4 Rights Cumulative . . . . . . . . . . . . . . . . 9
6 .5 Notices. . . . . . . . . . . . . . . . . . . . . 9
6.6 Entire Agreement . . . . . . . . . . . . . . . . 10
6. 7 Severability . . . . . . . . . . . . . . . . . . 10
6 . 8 Counterparts . . . . . . . . . . . . . . . . . . 10
6 .9 Waiver . . . . . . . . . . . . . . . . . . . . . 10
6 .10 Time of Essence . . . . . . . . . . . . . . . . . 10
6 .11 Survival of Covenants, Representations and
Warranties . . . . . . . . . . . . . . . . . . . 10
6.12 Assignment . . . . . . . . . . . . . . . . . . . 11
6.13 Further Documents and Acts . . . . . . . . . . . 11
6 .14 Binding on Successors and Assigns . . . . . . . . 11
6 .15 Captions . . . . . . . . . . . . . . . . . . . . 11
6.16 Pronoun References . . . . . . . . . . . . . . . 11
6 .17 Legal Fees . . . . . . . . . . . . . . . . . . . 11
6 . 18 Absence of Third Party Beneficiary Rights . . . . 11
7. Acceptance . . . . . . . . . . . . . . . . . . . . . . 11
17301.7 i i i
EXHIBIT SCHEDULE
Exhibit Designation Description
Exhibit A Restated Note
Exhibit B Preliminary Title Report (Theresa' s Lot)
Exhibit C Amended Proof of Secured Claim
Exhibit D Memorandum of Purchase Right
Exhibit E Consent to Bankruptcy Agreement by
Richard T. Burger
17301.7 iv
BANKRUPTCY AGREEMENT
THIS BANKRUPTCY AGREEMENT ("Bankruptcy Agreement") is made and
entered into this _ day of December, 1993 by and between ALAN HOSKING
(in his capacity as an individual and as the former sole shareholder and
successor in interest to the Alan Hosking Ranch, Inc. , a former
California corporation) and THERESA HOSKING (also known as THERESA RUTH
HOSKING) , husband and wife (collectively referred to herein as
"Hooking" , with Theresa Hosking being a party to this Agreement solely
for the purposes of transferring any rights she may have in Theresa' s
Lot as provided herein) , and 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 referred
to as "District") . CAPITALIZED TERMS WHICH ARE USED IN THIS BANKRUPTCY
AGREEMENT SHALL HAVE THE DEFINITIONS GIVEN IN SECTION 1 HEREOF.
R R _C I TAL fi
A. District and Hosking are parties to the Real Property Purchase
Agreement, which embodies a complex overall contractual arrangement
pertaining to the purchase and sale of real property and interests
therein.
B. Hosking filed a Voluntary Petition under Chapter 11 of the
Federal Bankruptcy Code on July 31, 1992 and in connection therewith has
filed the Plan of Reorganization.
C. The Plan of Reorganization involves, in part, issues under the
Real Property Purchase Agreement between District and Hosking, and
Hosking and District desire to reach mutual accommodation as to certain
matters thereunder and to set forth their agreement herein, with the
further agreement that this Bankruptcy Agreement shall be implemented by
way of an amendment to the Plan of Reorganization providing for the
transactions contemplated hereby and approved by the Bankruptcy Court' s
final non-appealable Order confirming the Plan of Reorganization, as
amended.
D. The major components of this Bankruptcy Agreement involve:
(1) the conveyance by Hosking to District of Theresa's Lot; (2) the
amendment and restatement of the Non-Transferable $500, 000 Note (by
issuance of the Restated Note) so as to make the same unsecured,
transferable, bearing a reduced interest rate (6.5* versus 8k) , with
maturity date delayed five years (March 1, 2003 versus March 1, 1998) ,
and eliminate both the prepayment right of District and the right of
offset against the Restated Note by District; (3) Hosking's acceptance
and approval of, and the Bankruptcy Court' s final allowance of,
District's Amended Proof of Secured Claim and the accounting thereunder
of all amounts due District by Hosking (the original Proof of Secured
Claim was filed with the Bankruptcy Court on July 9, 1993 and based upon
the agreement of Hosking and District hereunder, District agrees to file
the Amended Proof of Secured Claim attached as Exhibit "C" hereto) ; and
(4) District' s support of amendments to the Plan of Reorganization
implementing the terms of this Bankruptcy Agreement. This Bankruptcy
17301.7
Bankruptcy Agreeme
Midpeninsula Regio.L- - Open Space District/Hosking
Page 2
Agreement is expressly conditioned upon the issuance by the Bankruptcy
Court of its final non-appealable Order confirming the Plan of
Reorganization, as amended in accordance with this Agreement.
LL _Q R E X E N T
i
NOW, THEREFORE, in consideration of the foregoing recitals and the
mutual covenants and promises herein contained, the parties agree as
follows:
1. Listing of Defined Terms. As used in this Bankruptcy
Agreement, the terms listed and identified below shall have the
definitions given below (or, if indicated, at the applicable Section
reference for each as contained in the parentheses following the general
identification of each) :
1.1 Master Agreement. That certain Master Agreement for
Transfer of Interests in Real Property (and the Exhibits thereto) , dated
August 15, 1985 between District (as purchaser) , Alan Hosking and
Theresa Hosking (also known as Theresa Ruth Hosking) , husband and Wife
and The Alan Hosking Ranch, Inc. , a former California corporation which
was wholly-owned by Alan Hosking.
1.2 First Overall Amendment. That certain Agreement for
Transfer of Interests in Real Property (and the Exhibits thereto) , dated
October 17, 1986 between District and The Alan Hosking Ranch, Inc. (a
California corporation which was wholly-owned by Alan Hosking) and Alan
Hosking individually. The First Overall Amendment amends the Master
Agreement.
1.3 Second Overall Amendment. That certain Agreement for
Transfer of Interests in Real Property (and the Exhibits thereto) , dated
December 23, 1987 between District and Alan Hosking. The Second Overall
Amendment amends the Master Agreement, as amended by the First Overall
Amendment.
1.4 Real Property Purchase Agreement. The Master Agreement,
as amended by the First Overall Amendment and the Second Overall
Amendment.
1.5 Plan of Reorganization. The Plan of Reorganization filed
by Hosking in connection with In Re: Alan L. Hosking. aka/dba Allan
Hosking, Chapter 11 Proceedings, Case Number 92-33714-TC filed in the
United States Bankruptcy Court for the Northern District of California,
Division 3 (the "Bankruptcy Court") , as the same may be amended from
time to time and confirmed by the Bankruptcy Court's final non-
appealable Order.
1.6 Non-Transferable $500. 000 Note. The Non-Transferable
Secured Promissory Note in the principal amount of Five Hundred Thousand
Dollars ($500, 000. 00) issued by District pursuant to the Second Overall
Amendment . The Non-Transferable $500, 000 Note provides for a maturity
17301.7
Bankruptcy Agreement
Midpeninsula Regional Open Space District/Hosking
Page 3
date of March 1, 1998 and for payment of annual accrued interest only
(at the rate of 8%) , with principal to be paid at maturity on
March 1, 1998 .
1.7 Restated Note. The Unsecured Promissory Note in the form
attached hereto as Exhibit "All which amends and restates the Non-
Transferable $500, 000 Note so as to make the same unsecured,
transferable, bearing a reduced interest rate (6.5* versus 8t) , with
maturity date delayed five years (March 1, 2003 versus March 1, 1998) ,
and with the elimination of both the prepayment feature in favor of
District and rights of offset against the Restated Note by District.
1.8 Amended Proof of Secured Claim. Refers to the Amended
Proof of Secured Claim proposed to be filed by District in the
Bankruptcy Court, In Re: Alan L. Hosking. aka/dba Allan Hosking,
Chapter 11 Proceedings, Case Number 92-33714-TC, in the form attached
hereto as Exhibit 11C11 , with such filing of the Amended Proof of Secured
claim to be effected upon the effectiveness of this Bankruptcy Agreement
by incorporation in Hosking' s Amended Plan of Reorganization which is
confirmed by the final non-appealable Order of the Bankruptcy Court.
The Amended Proof of Secured Claim represents a claim in the amount of
III
at least Two Million One Hundred Eighty-Three Thousand Twelve Dollars
($2, 183, 012 .00) , subject to increase as provided therein.
1.9 nergggls Lot. That certain real property (about 3 .8
acres) constituting:
All of that portion of Parcel 11 lying Westerly of the
Westerly line of Star Hill Road as the same is shown on that
certain map entitled "COUNTRY DEVELOPMENT CO. , BEING A PORTION
OF CANADA VERDE Y ARROYO DE LA PURISSIMA RANCHO & PORTIONS OF
SECTIONS 8, 17 & 18 T. 6 S. , R. 4 W. , M. D. B. AND M. IN THE
UNINCORPORATED TERRITORY OF THE COUNTY OF SAN MATEO,
CALIFORNIA" , filed in the Office of the County Recorder of San
Mateo County, State of California on October 29, 1971 in Book
14 of Parcels Maps at Pages 20 and 21.
Assessors Parcel No. : 067-410-180 JPN 067 041 410 09 PTN A
Theresa' s Lot is the subject of the Preliminary Title Report. In
accordance with Section 5 hereof (subject to the conditions therein
stated) , title to Theresa's Lot shall be transferred by Theresa Hosking
and/or Alan Hosking to District, subject only to those exceptions
identified in the Preliminary Title Report as Exception Numbers 1, 3, 4,
5, 6 and 7 (collectively referred to herein as the "Permitted
Exceptions" ) . All exceptions listed in the Preliminary Title Report,
except for the Permitted Exceptions, shall be eliminated as liens or
defects in title to Theresa's Lot prior to transfer to District.
1.10 Preliminary Title Report. The Preliminary Title Report
in the form attached hereto as Exhibit "B" issued by First American
17301.7
Bankruptcy Agreeme,
Midpeninsula Regioi, Open Space District/Hoski--j
Page 4
Title Insurance Company (Order Number 392760) dated June 21, 1993,
7:30 a.m. pertaining to Theresa's Lot.
1.11 Bankruptcy Court shall mean the United States Bankruptcy
Court for the Northern District of California, Division 3 .
1.12 Pe=itted Exceptions shall mean those exceptions
identified in the Preliminary Title Report as further described in
Section 1.9 .
1.13 Secured Claims shall have the meaning set forth in
Section 2 .
1.14 Default Amount shall have the meaning set forth in
Section 5.1.
1.15 Escrow Holder shall have the meaning set forth in
Section 5 .2 .
2. Hooking Acceptance of. and Bankruptcy Court Final Allowance
of, District' s Amended Proof of Secured Claim. In consideration of the
covenants and agreements of District hereunder, Hosking agrees to accept
and support the Amended Proof of Secured Claim to be filed by District
in connection with Hosking' s Chapter 11 Bankruptcy Proceeding. All
obligations of District under this Bankruptcy Agreement are expressly
conditioned upon the allowance by the Bankruptcy Court of the Amended
Proof of Secured Claim by final non-appealable Order. The amount of
District' s claim under the Amended Proof of Secured Claim is not less
than $2, 183, 012 .00 and is subject to increase as set forth therein.
Without limiting the generality of the foregoing, Hosking expressly
acknowledges and agrees that the minimum aggregate dollar amount of
$2, 183, 012 . 00 specified in the Amended Proof of Secured Claim is a valid
and existing indebtedness of Hosking to District and that such
indebtedness is secured in the manner stated therein, and that such
dollar amount is subject to increase over time based upon future events
as described in the Amended Proof of Secured Claim and as provided
herein and in the Real Property Purchase Agreement (the aggregate amount
of all indebtedness now or hereafter existing as specified or
determinable under the Amended Proof of Secured Claim and Real Property
Purchase Agreement is referred to herein as the "Secured Claims") . The
minimum amount of the Secured Claims specified in the Claims Exhibit
includes an amount representing the District's out-of-pocket legal fees
and expenses incurred to outside legal counsel in connection with the
transactions which are the subject of this Bankruptcy Agreement.
Hosking acknowledges and agrees that such amount is reasonable and has
been expended by District based upon the restructure of the Real
Property Purchase Agreement pursuant to the terms hereof as an
accommodation to Hosking and that such amount is reasonably included
within the Secured Claims based upon the provisions and intent of the
Real Property Purchase Agreement. Hosking further acknowledges and
agrees that future attorneys' fees and costs reasonably expended by the
District for outside counsel in connection with this Bankruptcy
17301.7
Bankruptcy Agreement
Midpeninsula Regional Open Space District/Hosking
Page 5
Agreement and the Real Property Purchase Agreement and the
implementation of the terms hereof are to be treated as additional
Secured Claims, as provided in the Claims Exhibit. Hosking reaffirms
that the aggregate of all such Secured Claims shall be treated as a
reduction in the purchase price payable for Parcels 2 and 2A or,
alternatively, in the event District elects not to retain ownership of
Parcels 2 and 2A, that District is entitled to reserve a lien by way of
a deed of trust on said Parcels for the purposes of securing all such
Secured Claims then owing by Hosking to District, all as provided in the
Real Property Purchase Agreement.
3 . Conditions to Effectiveness of Bankruptcy Agreement. In
addition to the final allowance by the Bankruptcy Court of the Amended
Proof of Secured Claim as provided in Section 2 above, the obligations
of District hereunder and the effectiveness of this Bankruptcy Agreement
shall be conditioned upon the approval of this Bankruptcy Agreement by
the Bankruptcy Court upon the confirmation of an Amended Plan of
Reorganization (which specifically incorporates the provisions of this
Bankruptcy Agreement in a manner acceptable to District) by final non-
appealable Order of the Bankruptcy Court. Hosking agrees to cooperate
with District and to seek to amend the Plan of Reorganization to
specifically incorporate the terms hereof. Hosking further agrees that
any amendments or modifications to the Plan of Reorganization having
impact upon District, in District's reasonable judgment, shall be
subject to District approval. In the absence of a final non-appealable
Order by the Bankruptcy Court confirming the Amended Plan of
Reorganization, which specifically incorporates the provisions of this
Bankruptcy Agreement, including the accounting for credits, offsets and
other reimbursable expenses as Bet forth in the Amended Proof of Secured
Claim (and subject to the reasonable approval by District as to all
matters affecting District) , all obligations of District hereunder shall
be void and of no force or effect whatsoever. It is understood and
agreed that the provisions of this Bankruptcy Agreement shall be
supplemented by such additional agreements and documents as may be
reasonably specified by District as being necessary to implement the
terms hereof. Based on the foregoing, it is understood and agreed that
this Bankruptcy Agreement shall be executed and delivered at a date
prior to its effectiveness. Upon the effectiveness of this Bankruptcy
Agreement by reason of satisfaction of the conditions stated above, this
Bankruptcy Agreement shall become and remain binding and enforceable
between the parties hereto (including, without limitation, the
provisions hereof relating to the final approval of the Amended Proof of
Secured Claim, the amendment and restatement of the Non-Transferable
$500, 000 Note by way of the issuance of the Restated Note, and the
agreements concerning Theresa's Lot) , irrespective of whether or not the
Plan of Reorganization is in fact fully performed and implemented (ie. ,
once effective, this Bankruptcy Agreement shall remain effective and
enforceable irrespective of other agreements and actions contemplated by
the Plan of Reorganization. )
17301.7
Bankruptcy Agreeme
Midpeninsula Regions i Open Space District/Hocking
Page 6
4. Amendment andt f Non-Transferable 850
Note. Upon the effectiveness of this Bankruptcy Agreement in conformity
with the requirements of Section 3 above, District shall issue and
deliver to Hosking the Restated Note in the form attached hereto as
Exhibit "A" , subject to the surrender for cancellation of the Non-
Transferable $500, 000 Note and the simultaneous release and reconveyance
of the Deed of Trust securing the indebtedness thereunder (with such
reconveyance to be in form and substance specified by or otherwise
acceptable to District) . The issuance by the District of the Restated
Note to Hosking shall be accompanied by a letter from the District' s
general counsel giving advice and comfort as to the tax-free nature of
the interest to accrue under the Restated Note (i.e. , interest
thereunder not generally includable in taxable income for purposes of
federal income taxes on the income of Hosking and transferrees similarly
situated) . The Restated Note has an original principal balance of
$500, 000, is unsecured, bears an interest rate of 6.5t, has a maturity
date of March 1, 2003, is freely transferable by Hosking, is not subject
to rights of offset by District based upon any claims of District
against Hosking, and has no right of prepayment by District of principal
prior to the Maturity Date on March 1, 2003 .
S. Conveyance to District by Hosking of Theresa's Lot.
5 . 1 Under the terms of the Real Property Purchase Agreement,
Theresa' s Lot was contemplated by both Alan Hosking and Theresa Hosking
and by District to become Theresa Hosking' s sole and separate property
and Theresa Hosking gave valuable consideration in connection therewith.
All parties hereto confirm such intent and agree to cooperate to seek
correction of the title to Theresa' s Lot so that the same is vested in
fee simple in Theresa Hosking, subject to the express rights retained by
District therein pursuant to the Real Property Purchase Agreement . As
additional consideration to District for agreeing to implement the
overall terms of this Bankruptcy Agreement, conditioned upon the
satisfaction of all provisions of Section 3 hereof, Hosking agrees to
transfer to District marketable title to Theresa' s Lot (subject only to
the Permitted Exceptions as specified in Section 1.9) for no additional
cash consideration. In the event this Bankruptcy Agreement becomes
effective by reason of satisfaction of Section 3 hereof and Hosking is
unable to deliver marketable title to Theresa' s Lot as provided herein,
an amount equal to Two Hundred Twenty-Five Thousand Dollars
($225, 000. 00) plus an imputed interest factor of twelve percent (12W)
per annum commencing to accrue on and after January 1, 1994 (which shall
be compounded annually thereafter) shall be treated as an addition to
the Secured Claims for purposes of District's rights in Parcels 2 and 2A
under the Second Overall Amendment (i•e. , to be treated as a reduction
to the purchase price or, alternatively, as an additional amount to be
secured by the Deed of Trust on said Parcels if the same are reconveyed
by District as provided in Section 7.2 of the Second Overall Amendment) .
Said $225, 000.00 together with such imputed interest amount is referred
to herein as the "Default Amount" . In the event Hosking is able to
clear title to Theresa' s Lot (subject only to the Permitted Exceptions)
on or before January 1, 1994, District shall be obligated to accept
17301.7
Bankruptcy Agreement
Midpeninsula Regional Open Space District/Hocking
Page 7
conveyance thereof, with such transfer to occur as soon after January 1,
1994 as transfer can be accomplished by the parties. If such marketable
title cannot be achieved by Hosking by January 1, 1994, District shall
have the option (as provided in Section 5.1) to either elect to accept
Theresa's Lot at a later date (but not later than August 15, 1995) or,
alternatively, to elect to apply the Default Amount as a credit, offset
or reduction to the purchase price of Parcels 2 and 2A or as an
additional amount secured by the Deed of Trust thereon if title to the
Parcels is not retained by District, all as provided in Section 7.2 of
the Second Overall Amendment. To reflect District' s rights to acquire
Theresa' s Lot, as provided in this Bankruptcy Agreement, the parties
agree, upon execution hereof, to execute, deliver and record the
Memorandum of Purchase Right in the form of Exhibit "D" hereto, which
recordation shall be in the Official Records of San Mateo County. As
additional consideration to Theresa Hosking for her role in this
transaction, the District agrees, if and when it accepts conveyance of
Theresa's Lot as provided herein (and only if marketable title to
Theresa's Lot, as specified in Section 1.9, is conveyed to District) to
disburse to Theresa Hosking an amount equal to $100, 000 in cash, with
such $100, 000 amount to be added to the Secured Claims (plus an interest
factor of 12% per annum from the date of disbursement) , which amount
shall be treated as a reduction in the purchase price for Parcels 2 and
2A or, alternatively, as an additional amount to be secured by a Deed of
Trust on said Parcels in the event that District elects not to retain
ownership thereof on or before August 15, 1995 . In the event that title
to Theresa' s Lot is cleared in conformity with the requirements hereof
on or before January 1, 1994, District shall promptly accept title and
simultaneously deliver to Theresa Hosking $100, 000 in cash as provided
above. In the event that title is not cleared by January 1, 1994, any
conveyance by Hosking to District of Theresa's Lot under the
circumstances described above shall be on a date specified by District
not later than August 15, 1995 and, in all events, shall be conditioned
upon Hosking's ability at such date to convey fee simple title to
Theresa' s Lot, subject only to the Permitted Exceptions. Conveyance of
Theresa' s Lot shall be pursuant to escrow instructions prepared by
District and incorporating usual and customary provisions including
delivery of a policy of title insurance in favor of District. In that
connection, the parties shall open escrow as provided in Section 5.2
which shall provide for the delivery in favor of District of title
insurance in the amount of $225, 000 and shall be subject to such
conditions as may be reasonably specified by District.
5 .2 Promptly upon effectiveness of this Bankruptcy Agreement
in accordance with the provisions of Section 3, an escrow shall be
opened at First American Title Insurance Company or other title company
specified by District ( "Escrow Holder") through which the transfer of
Theresa's Lot to District shall be consummated. A fully executed copy
of this Bankruptcy Agreement shall be deposited with Escrow Holder to
serve as escrow instructions. The parties shall execute such
additional, supplementary or customary escrow instructions as Escrow
Holder may from time to time reasonably require. The provisions of this
Bankruptcy Agreement may be amended or supplemented by explicit
17301.7
Bankruptcy Agreeme-
Midpeninsula Region___ Open Space District/HoskiA.,,g
Page S
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 shall thereby be appointed
and designated to act as escrow holder and shall be authorized and
instructed to deliver pursuant to the terms of the Bankruptcy Agreement,
the documents to be deposited into the escrow as provided herein and in
supplementary escrow instructions consistent with the terms hereof. All
obligations of District and Hosking to close the transactions
contemplated hereby are expressly conditioned upon the effectiveness of
this Bankruptcy Agreement in accordance with the provisions of
Section 3 . In the event of the failure of such Escrow to close by the
date on which the District's title to Parcels 2 and 2A becomes fee
simple (by retaining title to such Parcels under the Second Overall
Amendment) , or by the date that the District reconveyy title to
Parcels 2 and 2A (i e. , District elects not to retain such title under
the terms of the Second Overall Amendment) , the provisions of
Section 5. 1 shall thereupon control and the Default Amount shall be
applied as provided therein.
6. Miscellaneous Provisions.
6.1 GOVERNING LAWS. IT IS THE INTENTION OF THE PARTIES
HERETO THAT THE INTERNAL LAWS OF THE STATE OF CALIFORNIA, U.S.A.
(IRRESPECTIVE OF ITS CHOICE OF LAW PRINCIPLES) SHALL GOVERN THE VALIDITY
OF THIS BANKRUPTCY AGREEMENT, THE CONSTRUCTION OF ITS TERMS, AND THE
INTERPRETATION AND ENFORCEMENT OF THE RIGHTS AND DUTIES OF THE PARTIES
HERETO. THE PARTIES HEREBY AGREE THAT ANY SUIT TO ENFORCE ANY PROVISION
OF THIS BANKRUPTCY AGREEMENT SHALL BE BROUGHT IN THE UNITED STATES
DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OR IN THE
SUPERIOR OR MUNICIPAL COURT IN AND FOR THE COUNTY OF SAN MATEO,
CALIFORNIA, U.S.A. EACH PARTY HEREBY AGREES THAT SUCH COURTS SHALL HAVE
EXCLUSIVE IN PERSONAM JURISDICTION AND VENUE WITH RESPECT TO SUCH PARTY,
AND EACH PARTY HEREBY SUBMITS TO THE IN PERSONAM JURISDICTION AND VENUE
OF SUCH COURTS.
6.2 Attorneys' Fees. Should suit or arbitration be brought
to enforce or interpret any part of this Bankruptcy Agreement or any
Exhibit hereto, the prevailing party shall be entitled to recover (as an
element of the costs of suit or arbitration and not as damages)
reasonable attorneys' fees to be fixed by the court (including without
limitation, costs, expenses and fees on any appeal) . If any party to
this Bankruptcy Agreement shall bring any action for any relief against
another, declaratory or otherwise, arising out of this Bankruptcy
Agreement, the losing party shall pay to the prevailing party a
reasonable sum for attorneys' fees incurred in bringing such suit and
enforcing any judgment granted therein, all of which shall be deemed to
have accrued upon the commencement of such action and shall be paid
whether or not such action is prosecuted to judgment. The parties agree
that any judgment or order entered in such action shall contain a
specific provision providing for the recovery of attorneys' fees and
costs incurred in enforcing such judgment. For the purposes of this
Section, attorneys' fees shall include, without limitation, fees
17301.7
Bankruptcy Agreement
Midpeninsula Regional Open Space District/Hosking
Page 9
incurred in the following: (1) postjudgment motions, (2) contempt
proceedings, (3) garnishment, levy, and District and third party
examinations, (4) discovery, and (5) bankruptcy litigation.
6.3 Amendment and Waiver. Subject to Bankruptcy Court
approval to the extent required, the parties hereto may by mutual
written agreement amend this Bankruptcy Agreement in any respect. Any
party hereto may: (1) extend the time for the performance of any of the
obligations of the other party; (2) waive any inaccuracies in
representations and warranties made by the other party contained in this
Bankruptcy Agreement or in any documents delivered pursuant hereto; (3)
waive compliance by the other party with any of the covenants contained
in this Bankruptcy Agreement or the performance of any obligations of
the other party; or (4) waive the fulfillment of any condition that is
precedent to the performance by such party of any of its obligations
under this Bankruptcy Agreement. Any agreement on the part of any party
for any such amendment, extension or waiver must be in writing. Any
amendment of this Bankruptcy Agreement shall additionally be subject to
certain covenants of District in favor of Richard T. Burger, as set
forth in that certain Consent to Bankruptcy Agreement between District
and Mr. Richard T. Burger, in the form attached hereto as Exhibit "Ell .
6.4 Rights Cumulative. Each and all of the various rights,
powers and remedies of the parties shall be considered to be cumulative
with and in addition to any other rights, powers and remedies which the
parties may have at law or in equity in the event of the breach of any
of the terms of this Bankruptcy 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.
6.5 Notices. Whenever any party hereto desires or is
required to give any notice, demand, or request with respect to this
Bankruptcy 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 upon receipt 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 on pages i and ii
hereof, with copies of notices to District to be given to District
General Counsel and copies of notices to Alan Hosking to be given to
Alan Hosking' s Counsel and copies of notices to Theresa Hosking to be
given to Theresa Hosking's Counsel. If sent by telegraph, cable,
telecopy and 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 Ord) business day after the date of mailing, whichever is
earlier in time. Any party may change its address for such
17301.7
Bankruptcy Agreemei
Midpeninsula Regior,- - Open Space District/Hoski,.4
Page 10
communications by giving notice thereof to the other parties in
conformity with this Section. Nothing contained in this Section or
otherwise in this Bankruptcy 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.
6.6 Entire Agreement. This Bankruptcy Agreement (together
with its Exhibits and the other documents referred to herein) is
intended by the parties hereto to be the final expression of their
agreement and constitutes and embodies the entire agreement and
understanding between the parties hereto with regard to the subject
matter hereof and is a complete and exclusive statement of the terms and
conditions thereof, and shall supersede any and all prior
correspondence, conversations, negotiations, agreements or
understandings relating to the same subject matter.
6.7 Severabilit . If any of the provisions of this
Bankruptcy 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 Bankruptcy Agreement. The parties
further agree to replace such void or unenforceable provisions of this
Bankruptcy Agreement with valid and enforceable provisions which will
achieve, to the extent possible, the economic, business and other
purposes of the void or unenforceable provisions.
6.8 Counterparts. This Bankruptcy Agreement may be executed
in one or more counterparts, each of which shall be deemed 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.
6.9 Waiver. No waiver of any term, provision or condition of
this Bankruptcy 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 Bankruptcy
Agreement.
6.10 Time of Essence. Time is of the essence of each
provision of this Bankruptcy Agreement in which time is an element.
6.11 Survival of Coveuants. Representations and Warranties.
All covenants of District and Hosking which are expressly intended
hereunder to be performed in whole or in part after the confirmation of
Hosking' s Plan of Reorganization, and all written representations and
warranties by either party to the other, shall survive Hosking's Plan of
17301.7
Bankruptcy Agreement
Midpeninsula Regional Open Space District/Hosking
Page 11
Reorganization (and shall be incorporated therein) , and be binding upon
and inure to the benefit of the respective parties hereto and their
respective heirs, successors and permitted assigns.
6.12 Assignment. Except as expressly permitted herein, no
party to this Bankruptcy Agreement shall assign its rights or
obligations under this Bankruptcy Agreement to any third party without
the prior written approval of the other.
6.13 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 Bankruptcy Agreement.
6.14 —Binding on Successors and Assigns. This Bankruptcy
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.
6.15 Captions. Captions are provided herein for convenience
only and they form no part of this Bankruptcy Agreement and are not to
serve as a basis for interpretation or construction of this Bankruptcy
Agreement, nor as evidence of the intention of the parties hereto.
6.16 Pronoun References. In this Bankruptcy 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.
6.17 Legal Fees. As provided in Section 2 hereof, Hosking
shall bear District' s reasonable fees and expenses for outside legal
counsel incurred in connection with the consummation of the transactions
contemplated by this Bankruptcy Agreement, as well as the fees and
expenses of Hosking' s own legal counsel .
6.18 Absence of Third Party Beneficiary Rights. No provisions
of this Agreement are intended nor shall be interpreted to provide or
create any third party beneficiary rights or any other rights of any
kind in any client, customer, affiliate, shareholder or partner of any
party hereto, or any other person, unless specifically provided
otherwise herein and, except as so provided, all provisions hereof shall
be personal solely between the parties to this Agreement.
7 . Acceptance. Hosking agrees to the following acceptance
procedure so as to accommodate District's approval process. This
Bankruptcy Agreement must be executed and delivered by Hosking on or
before November 19, 1993 . In the event of Hosking's compliance with the
foregoing sentence, District shall have through December 9, 1993, to
accept and execute this Bankruptcy Agreement and during said period this
Bankruptcy Agreement shall constitute an irrevocable offer by Hosking to
consummate the transactions contemplated hereby and to use his best
efforts to amend the Plan of Reorganization in accordance with the terms
17301.7
Bankruptcy Agreeme:
Midpeninsula Region— Open Space District/Hosking
Page 12
hereof and obtain Bankruptcy confirmation thereof in accordance
herewith.
IN WITNESS WHEREOF, the parties hereto have caused this
Bankruptcy Agreement to be duly executed with the intent and agreement
that the same shall be effective as of the day and year first above
written.
DISTRICT: HOSKING:
MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT, a Public District Alan Hosking (in his capacity as
330 Distel Circle an individual and as the former
Los Altos, California 94022 sole shareholder and successor in
interest to The Alan Hosking Ranch,
Inc. , a former California
APPROVED FOR RECOMMENDATION: corporation)
Address: 125 Northgate Drive
Woodside, California 94062
L. Craig Britton
Acting General Manager APPROVED AS TO FORM AND SUBSTANCE BY
LEGAL COUNSEL TO ALAN HOSKING
APPROVED AND ACCEPTED:
Olimpia, Whelan & Lively
152 North Third Street, 9th Floor
San Jose, California 95112-5560
President, Board of Directors Telephone: (408) 791-7252
ATTEST: By:
Date:
District Clerk
Date:
THERESA HOSKING
Address: 125 Northgate Drive
APPROVED AS TO FORM: Woodside, California 94062
Date:
Stanley R. Norton, Esq. APPROVED AS TO FORM AND SUBSTANCE BY
District Counsel LEGAL COUNSEL TO THERESA HOSKING
Hoffman and Kazubowski
2001 Gateway Place
Suite 401E
San Jose, California 95110-1012
Telephone (408) 441-8070
By:
22-931108
Date:
17301.7
EXHIBIT A TO BANKRUPTCY AGREEMENT
RESTATED PROMISSORY NOTE (UNSECURED)
REISSUED AS OF , 1993
AS AN AMENDMENT AND RESTATEMENT OF THE
NON-NEGOTIABLE SECURED PROMISSORY NOTE
ORIGINALLY ISSUED MARCH 1, 1988 UNDER AGREEMENT FOR TRANSFER
OF INTERESTS IN REAL PROPERTY
(SECOND AMENDMENT TO 1985 HOSKING TRANSACTION)
DATED DECEMBER 23, 1987 (EXHIBIT J THERETO)
$500, 000.00 Original Issue Date: March 1, 1988
Actual Date of Restatement
and Reissue:
Los Altos, California
PROMISSORY NOTE
(Unsecured)
FOR VALUE RECEIVED, on or before March 1, 2003, the
undersigned, MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a
California Public District (Maker") , does hereby promise to pay
to the order of ALAN HOSKING ("Lender") , at 125 Northgate Drive,
Woodside, California 94062, 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 Five Hundred Thousand Dollars ($500, 000. 00) , together with
interest from the date hereof on unpaid principal at the rate of
six and one-half percent (6.5t) per annum. Should any accrued
interest not be paid when due, as provided below, it shall be
added to unpaid principal and shall thereafter bear interest in
the same manner as principal .
1. Payments. Principal and interest shall be due,
payable and credited as follows:
(a) The principal amount hereof shall be due and
payable by Maker on March 1, 2003 .
(b) Accrued interest hereon shall be paid by
Maker in annual installments on each anniversary of the date of
this Note.
16243.7
Midpeninsula Reg ial Open Space District/Hc .ng
Promissory Note
Page 2
(c) In case any date specified above for the
payment of principal or interest in 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. All interest shall be calculated for
actual days on a 365-day year basis.
(e) Upon the prior approval of Lender or other
holder hereof, Maker shall have the right to prepay the
outstanding principal balance of this Note and interest then
accrued thereon. In the absence of such approval by Lender or
other holder hereof, Maker shall have no right to prepay any
amounts due under this Note.
2 . Junior Debt. The obligation of Maker to Lender
hereunder 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 A" , "1990 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.
3 . Acceleration Uvon 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, or in any other
security agreement, deed of trust or other agreement which may
hereafter be executed by Maker for the purpose of securing this
Note (including any amendment, modification or extension of any
of the foregoing instruments) .
4. 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.
16243.7
Midpeninsula Regic. _1 Open Space District/Hos. g
Promissory Note
Page 3
5. Maker's Raivers. 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 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.
6. Loss or Destruction. 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.
7. Law. This Note shall be governed by and construed
in accordance with the laws of the State of California.
S. 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.
9 . 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.
10. Section Readings. Section headings are solely for
the convenience of the parties and are not a part of this Note.
16243.7
Midpeninsula Reg' ial Open Space District/Hc ng
Promissory Note
Page 4
11. 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.
MAKER: MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT, a Public District
330 Distel Circle
Los Altos, California 94022
Director
Director
Director
Director
Director
Director
Director
14-931103
16243.7
CrY"Ecc hrc. 392760
SUr1'LF-A1E'NT'l'AL, 1`REL&IEWAt�Y fi R'e
FI1L.S'1' AR'ERXCAN ITILE INSURANCE CO.'NPANY
SSS Musfma Stzoct
Rodwoad City, CA 44063
(415)367-9050
ES
CROW
w
PA
X*(415)354'x519
MIIDPBNJNSULA OpW S'
Atta: c.
a_m CA 94M
1
- Ct"s Rcfcn
Fam of kwky covenge
logec ' ALTA LON PLiCX j9g2
ADIA�1117J ON
CAtBKWMA
C*vEwAGMM1 _
LAND T IB h5'�OCS UMOWNM PC)LIC Y- L]C a992 � ICAN
Q� REMONAL.>XCSMONS
7a feVOnm to .
_ n 80NAMOM for a policy of title�.
y xR'oxts hart it is ptq=md to' ttas Compaaglr
ar l�oli�dea of TSd1e ' �ba ba ss of tt>te datie $
ate Jwd amid the estate,,,,Wft&,�+oaiat
_ aet fOtd, huudog against 1asa whkh way• c+n+�nab�raace not.st�ra or�fca+cd do as an � � reaaogn of � dc€ocx, �icn or
pint to the P Schadnl S. C.�tioas and below ca•a d a,,e
. Strpuxatitaas of said PbT,ty farraaa. .
' �The us aavd macrosof said Ponjoy or are sat An&
whkhh @ forms should be read.lhey tares avaita k from,the
This =port (aW =y AWI=cat& or a,nacacimeatts hecreto is -
S tb a of a policy of title ) + usaed solely far the O f
: tte�itod short lialtrility 6c assom� kmraumce and no liability is ,y. if it is
= CO=MiWXW shoald be rem to is aaoc of a policy of title irasuranoe, a Binder or
Dated as of June 21. M at 7:30 a.m.s _ -
ESMOw OFFICEp,-
JIM A. rims
ASSISTANT: ITMA DAVIS
TWO of said estate or interest st the date hereof is vested in:
CIL
Rancbo Canada Inc. INC., a t-`ali Gra'a oo"ratian, Sir by mcr to
t
Page 1
ORT
Ovdur No. 392760
The estate or interest in die land Iscceinafier described
A FEE or referred to covered by this Rs
•
11e land m(en-ed to in this Report is sit,ualed in the St
ate of
aria Californi2t Conat� and is dk�cribed � y of San Iv,[at
foilctiws: c5o,
:Ali that portion of PArcd 11 lying Westedy of the Weserly line of Stan l li 1Lpad as the stone
is on that* a n MV entitled'COUMRY DfiVEWP"Wr CO.,RONG A PORTION
OF CANAD.A,YBR EI Y ARROYO DB IA PUR7SSEMA RANCHO &PORTIONS OP
SEMONS 8, 17& 18 T. 6 S., R. 4 W., M.D.B. AND M. 1N THE UjW CORPORATBU
T&RRU ORY OR"M COUNTY Ol,SAN MATPp,CAIIFN17C MA",Sled Its the Ofee of the
Couotty RecoY+der of San Mateo Camty'Stag of CalitfoMia ou Oct0b=29, 1971 in Book 14 of
P&rcelsatS20 and 21.
A.P. No.: 067-41G-180
j IM 067 041 410 09 PM A --
i
At
z
i
r
date hereof
t t �yllout to coveiitV ill as to the pouted ins and
Is d Pouey form would be w follows:
1. General and SPeclal Taxes hrr the fiscal year 1993-94, now a lien, amount not yet
inablc..
2. General and Sp xW Taxes for the Fsca1 ycar 1992A3
Fzzst Installment $2.14 DBUNQUE T
pay
$ .2l
Second LxqaUnumt $2.14
t pawlty .21 DBt1NQI7EN1'
Costs
$10.00
code Ares.: OS7-M
A.P. No.:067-410-180
3. The and Z`axation Code.
Iaen ®f SbpptemedW Taxes assessed
PztruLam
Section 75 of the California Reveat�e t° CbSPW 3S, commencing wiRh
Page 2
f
:t`LT E'L�rS
4. EAS F(?K Rt?1lU
t►mr•ccty which Pr"[ over any portioa of the herd" drsccil
may "' within the boundaries of any iblic or pr7ivare road or tu
s- gbwxy_
RIOUT OF WAY over the Herein dcscribod Ptc�om: L H- 1 ce. ct Ux �otxrty as gmrrtcd is �uncnt:
To:
Dated: Pacific Tickp0one and Tc("It Coojp�'UY. ;eazp�or'atiart
Recorded: hoc 13.I�asch , 1949
47
Document No-: 1949
�4�OU-H
j BoaklRad 1674
C�tif mia. oft Record, at SVAEK age 654, R cords of Seta Mitoo
C
? bresein�g WAY for dotes and wiropesty. crs and apt�x a'U the
the act'OCWM of said tight of way is not dosed of moofd
6. CALVORM&XAM CO VATION COMUACr
of
tSmd F V. axtd San?fagco
'Gea Q°of thx State ofIr
Car
Avast 26, 1975
It000r+dcd: Fdxua 27
mcat No.: ,4y -� 19�76 -
j 7+OtS9 ofOfficWR "k,113 at Agermage 288. Records of San Matw ( -
r
Affects this,toad other prop"_
?. F:ASe�tT aRnx the hatr3a dcscn"hcd
ROM O C"aaada do Yctde�•as In Dead: ,
: wslber ,
a SM
' $ Rids aad Rath C. Reynolds, hind
Ommuniq and we as
Dated; D 22 �
R*vrded' J=Ua y 3. 1979
Document No.: 5872&AN
Bo*fReel 7812 of (ifficial Rig at
C` 'ott>ua, pageunar 161, Records of San Mateo
Countyfil� s tfic f 4owi+ng Ma-e duxive eat
3, 1978 in Bock 43 of Pam VS at Pages1 3: Parcel A o1 Patxx1 ,
A noes- m foe the P�pose of uuti
A over soar muds of �the view to t6c'Wcst of Parcel
i 11 sts said Pam 11 is SbOW at on that
COUNTRY DBVgI,(?2FMgNT CO-•. whirb Far�1 oe+�tatn Patcsd �' entitled
'volusttc 14 of Psttaodii ZO and 21 w • MaP was filed OR Zl, 1971 in
'� shown on said i 1u�Ties art the Rresttixly 6W of Stain MR Road
Page. 3
Order No. 39,760
CO VENANIs, C0NDMOM A"any, based o ItkS'i7cct�['tCy;�iS, but cfeldir cticicLions
a.[tee, taoiot
From: M cur national Origin as con"a W in 0,,,d.
The A= �°i°ch. IncJJbd6ng et
To: . aI, a Crli omix cotporatiouL
Datod: Qpea Sp.oe I3istzict. a public disixjct
uCuA IS, 19SS
Sq* mbcr S, IM
ntcaat Nv.: UWW17 of Offer Reoor&of San Nlatoo C,,,ty. California
9. F'.t'DZP'AL TAX 'AM 1A tlbc aanonm of$180,213.93. and any other,annvunts due
dw"mdcr.
Yn favaat'caF UAWd Status of A..d,,.
' Setinti No__ Rio t Vcv&Inc_
Not Sboown Idd B'Acted: M No-: 94-2247302
' R�000a+ded:
Docmax N Di
Add afef ,; DAdd of of Sant Mateo Gou
�Y. C`€tli�ocuia..
SWW.Zu 36W6,45p(Golden c�c Avenue, sac pmw soo, CA941 - Mures
I0. STATE TAX LU&N in do of$ 9.23
In favor CC a . antd any othm amaints due d="=x :
r.
���, art Deeadmexit
Abu A Nv.: Raarh Inc. �
Dated: Apt 17;1.M C'ad'icate No.: W89107.2131,
Reoordod: Apffl 27, "0
I>odum I No.: MS304 of Oftig Re=ds of Swat Mateo
Addnas of tseu p,O mac Q 9 , , CA 94M8 OWJ , C 0°mia.
i
11. FEDERAL TwX LM is the smouat of SS13,107-23, and nary oth= aumauttts due
t
In f.1vw or. unhad Stds of Amerim
Agaimst
Sariat No_: Alan Aging Ranch Inc.., a Onv"6on
Dated:- �8, 199t) �t No.: 94-2247302
R000r ded: FeE>ac ay 23, 1990
`Doaumem No.: 90MS461 of Official Xcaw Is of Sa c Mstco Address of DUOCWVof Iao al , Cauf0mia,
Staff, Box 36(?8S 430 R'V�. Attn.- Clucf, SPeaal
4vQRL'S
' Gate A v�cmteg San FrantGiscco, CA 94102
1
pw
A
()rd":r No- 3?2,CO
12, I'C TAX 1�1Y in (be amount of$883.IS, a►td any other amounts dac Il►et �x n'' r_
In favorc of_ State of Califonux, mploytucrzt ciopmcat
Against, The Alan Hos ' �artmcnr
Account No.: 25'7 4197 6 � Ranch Inc_
Dated: Much 2, 1990 CcCctiftcatc NO.: W900617020,
Rccotdod: Mauch 12. 1990
Document No.: 90033033 or Officig R+oovrds of San Mateo County.
Addr*=of Cbimant: P_4.am942880, Saccamcrtto, CA 94280-Mo California_
13. STATE TAX LMN i'a ftc amaurt O($8 308.00 andanyodkr
in favor of.-of.- Cw as Omft lore finder
A Inc T"c Ord
Account No.: ��� , TW aka Ra>ncbo Canada do Vcr&Inc.
Bated: .tipt�y 30
. 1990 C4'tirlc M No.: 90 211 360 001
Recorded.. Aftest 6. 1"0
DoctwaX No.:i
Add rem o[�mant: 90103881 Q of San Mateo County
PMO* Wm Section,P.O Box 2952,Samrza=.,CA 958L2-2952
14. STiS.TR TAX I,IIM in tLC .
th amottu of 5196,481.63, grad any x amatznts_dac
In favorabut:at arc of Cates,�hise Tax
Boaxd
Abut
� eroe of The Alm _
Amount Ranch,Inc.,aka,RanchoNo.: 0697197 AR 6K
DaiodC.erti#"c�No.: 91 08S 360 001,
� 26, 199i
1991
No.; 9IM9171 of C>fficiat R Or&of San Matao Addtm'Of 343 met, Saua F�taa�ciaao, C102-3612
, eaoca'
15. CERT3FI tax and Peadbies due" f1W
' Section 2191.3
Amott�-Section to
Alas Hag Ranch Inc.
CcrUficatc No.: 52499
Tan Year:
151$S-$b
Dec& AptO i, 1
991
Rsootded.: Apra 9, 1991
bocumcaat No,; 91040684 of Official
Rarords of San Mateo County, California.
gage 5
Order No. 39'1-7,6,)
16. <=EF�TgFICA TE oC 'xmo'rLt of drii
! Section 219t_3 nqucnt tax and l�naltics due' (rloc3
, 1�'cauo and Taxation Coctc: lairaitant W
Amount. $38.30
Taxpayer
AUn TC f' No.. sH°s1a'n'g Ranch inc_
ax Ycar
noo
_Dated;
worded: ApA 1, 1991
Documaot No.: Apra 9, 1991
9104068S of OfftcW Rcoo)r ds of San tl(Mo
1?. 0
T COu°h'• Ca1xf'ornis.
EKTJF
Socdoa 2191.3,It aa�d TT C u � � lP��s dun~ find Pursuagnt to
AmounjL-
' $39.64
Taagpay�
etc Tax Yew. No.: sol Inc.
1985-86 Est)cd
Apdl 1, 1991
9, 1"1
Documcut No.:
910406$5 ofoffida�ootds of San 14iatoo o t at C ornia,
i8. lPWOB tag WaCY2WO of Ow
d anQ"tom 10 be W uQod�' v accs
I
ZNF�4�1VSA"rICiN N(M'B�; -
Nab
!a,S tlrc 6*ft _
' pact L Go fO�'�d ea ffie 1�ecrra deacribm IsW a�� cam - zu�a�sie g
Aqy
4 .a aLiazs of pekes Pion of the Ieazd not stwara a ty pabt�c records.
Mess awe shown
of ooyerad title lijkg. j°R'6OQ"d9 TW2 does pot Un3it tl,e liea oovr is itrm 6
My fates about et,e 1"A
racoeda, Tlas tlK forood reaa V4 co"" in it of are
�l'y P+�bhc
B.
xbe cuy of San
Mat4OhqKmlasa 'taasfer tax of of 1% of tow
Order Dace:
Tune 29. 1993
Shod tarm rate
date-NOW
Pare 6
i
tlrcicr N��. 392760
e S+•L-CIAL INPC)RMAZION
Thou Iwvo(•ocrr i 0 doed5 rm..rdat within the last two rca"fnior Ire(Ito<Wr a£t2:iY rcl.c7rt, nffxtin
licrtin dcacrllxi "I'�Y
�the
toot;vo January 1. 1992 aU notxrW aCX'mOW
evutainod is�1lifoacLa(Soil{.nde Sadian 1l �armaz>aus7c com{►!y+vL51,Ka6RUy with the lar�quagn
Wunuaat to Senate Hill 2251. Chapter IWO of foam of certlfirme of sdm'wt
a"ta3' 1. 19'92 �gaocat-
faraais of.dasoal in the 9tatc of l3�tifarnialt+2r n y as or after
&moats aeay oat bo �atlier
available urpoq" _ "0voptaLk Cvr seaoadadaa First Aracricsaa Tidc will m„kc the ui
fc>rga
'T "AP ATTA,C1,
l E1tFTo
MAY OR MAY
ITEE WK YOU SROULD NOT RMy UPQ" Y Nam'BE A S(7RH8y OF UM LAND DF�PI ANYCT>�
THE
�_ A"UN 01rTHE PARC$t,GR C8[.S�� IUM C�t1 ENTA-nON TO
BLANCH UPON'TF�S MAPMAP EZAMAW FM N�8[3)� LASS CRt DAMAGI� LP 'SSLY
,PROM
NOTICE
S 12413.1 of alto CdU*nlu
4'.aneictwadttama ,rqy
Tttie �ab0e'COcie Y 1. 1990, th«t 'LS,ck
opacity,nait o f od of ed Escrowbxudling fuadx in an escrow of
asXtkrd bcaFot,� � "its i»s
Nunn a' t1 Md#a dig"f-c dada manoCioa with
`7'r3' 's Wit. Ia fte case of caAicex dXdm o.oftd" b0 d r'Y tntosfa to be�the
4posit. Ia et+da to as v*W um" y�of dWomChWjM'fps nmy bo�the aW day after.
c#°c1ar.a wed P Oe days,ar awo Pk"*use wore bower. ma's
Hlaa lxstva+al'qta atbe{tj the t tCt of omits aaow law-PUR"cONAa o y-W 1aee2 nW Amdcp.OftjaC for Woft
NOTE" Tkat"por<is a4hf w a RMO a s mgWmd
of the Sato of t4fotmia and Role No.2 of pgaataoiraat of 63' Sidle a?NO. et acq.,oftf�o Incaca;nce Code
Iasvraax Balletic No. Ne,35 8.
N,O,
TSP&n/p
Page 7
C�z dex No3 9
..27,C
`N C-
i
s NOf[i-NIP
In accordance with Sectiow 1880S and 26131 of t�
i _
Cstd lda' P u"It Oy '.d°a ono Q�nM Paftw of tha oche fm MC cut of M r osid od to
c � = �Posirioa of
1. A sdkr who is am individual with a!
dubarunmx t i sdrea addrrsx outside of�lifxxaia or Whcu the
e Ste p�oea&be sent So a r+nsmcial iaOtxmedi
'ecY of th,o adlex. OR
2' A c Shce r which his—pam,raeat 1dACC of bosh.in Via.
pecreat of # to to whhbold -
�tlrad to be:w�hdd or fiva� ��to be gteatcr of 10
Howcv,cr,
Y odta pivmidn imtdud�is boyer will beroQnkrod'Oo WIMhowa„Y,�,�or be ata ref"
��- eject to pcomltjr 1'ac fait n to withholds no
1. 7hos"
(�10000-Opp1,UR l of the C`alifonla real wv Y co does shot M oced am bundr d d dollars
•
i
2. The sellex awddmmrti�, under the:residetst of Cam,or if a aac Wgion'has a Owe`of��Cd tbx ORR is a
3. The seller. WW is anCdMwnh individual, a _
the Iwamue ly being omv+�' vd its tote dw- �te�d�wsoe(as defined in ty of k'.that the
S,"oa 1034 of
SCLIor is
fie withholdusg r ty for faow�ingly filing a dnte;nt cxxtiF+carc€flr the
puxpose of avoiding
The Gclif ocma
atatuea refex
8� w+' ing waitvexa from thh ions the Francbnsc Tax Board to
�ho1d
. parties to thrs oMW9 on a cas°-t�,'.�basis.
On sb*"W seek an
���drect ,n� section sad sl+outd Dot&CwuauWs•or Odd can s ;�•$opinion
'r dosing of ��a°Y is made ar omitted
Mrm No, 4WI (3192)
i
I 1 t
Th's miy rssr�•ntr�bf�wrvoy of W In/
�d:ua lorwn, You Muld oil * upon R for Tilt t'oDr AAC4......, , .
ors aJrodose Mar tow orfrpupon to to@ Nplyd
tno crreH or ptttrk daktld. First r;w`�► 8
bat a Wprtr$ iiodpYmlwt •�R++� ��.�t," / l/ /tr 1
7rlg Wbiltl $Ota�Q t •• '
�.
v X
01
ttoro Islh�ol u/p�, '� � •• � � � PI r✓�I J' ►" � •
.� •�i, 1 r •swY, 1 1 iof
it 0
410
AW it
ilf
Of
kk
r r-
11 •
forr `
t
. . Q'�--•-- alpsra�y �,��swr`�..+rr►so.ccw. A � Kti�f/iV-p ••
1 EXHIBIT C TO BANKRUPTCY AGREEMENT
DAVID S. MURRAY, #045672
2 JANICE M. MURRAY, #09996
MAUREEN C. HARRISON, #162063
3 MURRAY & MURRAY
3030 Hansen Way, Suite 200
4 Palo Alto, California 94304
5 Co-counsel to
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
6
JIM C. CURLETT, #065563
7 TOMLINSON, ZISKO, MOROSOLI & MASER
480 California Avenue, Suite 205
8 Palo Alto, California 94306
9 Co-counsel to
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
10
UNITED STATES BANKRUPTCY COURT
11
NORTHERN DISTRICT OF CALIFORNIA
12
13
14 In Re: ) Bankruptcy No. 92-33714-TC
15 ALAN L. HOSKING, ) In Proceedings Under
aka/dba, ALLAN HOSKING, ) Chapter 11
16 )
Debtor. )
17 )
S.S . #: 567-36-8270 )
18 )
19
AMENDED PROOF OF SECURED CLAIM
20
21
1. The undersigned, whose business address is 330 Distel
22
Circle, Los Altos, California 94022, is the Acting General
23
Manager of the Midpeninsula Regional Open Space District, a
24
Public District formed pursuant to Article 3 of Chapter 3 of
25
Division 5 of the California Public Resources Code ( "District") ,
26
and doing business at 330 Distel Circle, Los Altos, California
27
94022 . The undersigned is authorized to make this Amended Proof
28
of Secured Claim on behalf of the District.
15451.7 AMENDED PROOF OF SECURED CLAIM
1 2 . This Amended Proof of Secured Claim amends and
2 restates the Proof of Secured Claim filed by the District on
3 July 9, 1993 (the "Original Proof of Claim") . The Original Proof
4 of Claim is hereby incorporated in its entirety with the
5 exception of Exhibit "B" identified therein as the "Claims
6 Exhibit" , which Exhibit is hereby amended and restated in its
7 entirety as set forth on Exhibit "B attached hereto. Except for
8 the amendment and restatement of the Claims Exhibit as aforesaid,
9 the remainder of the Original Proof of Claim, including
10 Exhibits "A-1" and "A-211 attached thereto, remain valid and are
11 specifically incorporated by reference in this Amended Proof of
12 Secured Claim.
13 3 . The minimum dollar amount represented by this Amended
14 Proof of Secured Claim, calculated pursuant to the Claims
15 Exhibit, is Two Million One Hundred Eighty-Three Thousand Twelve
16 Dollars ($2, 183, 012 .00) , which minimum amount is subject to
17 increase pursuant to the Claims Exhibit.
18
19
Dated: 1993 MIDPENINSULA REGIONAL OPEN SPACE
20 DISTRICT
21
By:
22 L. Craig Britton
Acting General Manager
23 6-931109
24
25
26
27
28
15451.7 -2- AMENDED PROOF OF SECURED CLAIM
t DAVID S_ MURRAY, #0456.72
JANICE M.
MUR RAY
#09
996
2 MAUREEN C. HARRISON, #162063
MURRAY & MURRAY
3 3030 Hansen Way
Palo Alto, California 4 94304
Co-counsel to
5 14IDPENINSULA REGIONAL OPEN SPACE DISTRICT
6 JIM C. CURLEW, #065563
TOMLINSON' ZISKO, MOROSOLI R DER
7 480 California Avenue, Suite 205
8 Palo Alto, California 94306
Co-counsel to
9 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
10 UNITED STATES BANKRUPTCY COURT
11
NORTHERN DISTRICT OF CALIFORNIA
12
i
13 _
In Re:
14 ) Bankruptcy No. 92-33714-TC
ALAN L. HOSKING' )
15 aka/dba, ALLAN HOSRING, ) In Proceedings Under
Chapter 11
16 Debtor.' )
17 S.S. #: 567-36-8270 )
18 )
19 PROOF OF SECURED CLAIM
20
21 1. The undersigned, whose business address is 330 Distel
22 Circle, Los Altos, California 94022, is the Acting General
23 Manager of the Midpeninsula Regional Open Space District
24 Public District formed pursuant to Article 3 of Chapter 3 of
25 Division 5 of the California Public Resources Code ("Dis trict") ,
26 and
doing
bus
iness
Hess at 330 Distel Circle, Los Altos, California
27 94022 . The undersigned is authorized to make this Proof of
28 Secured Claim on behalf of the District .
15,51.3
i
1'RO0?'Of S1_L:URf;,D CI_»,
it
i
t
1 2 • This Proof of Secured Claim arises from a complex real
2 property transaction between the District and Alan Hosking. The
3 overall transaction is embodied in that certain Master Agreement+
4 for Transfer of Interests in Real Property (and the Exhibits
5 thereto) , dated August 15, 1985 (*Master Agreement") , between the
6 District (as purchaser) and Alan Hosking and Theresa Hosking
7 (also known as Theresa Ruth Hosking) , husband and wife, and The
8 Alan Hosking Ranch, Inc. , a former California corporation which
9 was wholly owned by Alan Hosking (the foregoing corporation and
10 individuals being collective) re
ferred "
Y ed t o he
rein as Hoskin "a
11 as the same was amended
an
d restructured pursuant to that certain
12 Agreement for Transfer of Interests in Real Property (and the
13 Exhibits thereto) , dated October "17, 1986 ( First Overall
14 Amendment") , as further amended and restructured pursuant to that
15 certain Agreement for Transfer of Interests in Real Property (and
16 the Exhibits thereto) , dated December 23, 1987 (" eaand Over 11
S a
17 Amendment") The Master Agreement as amended to date in
cluding
g
18 the amendments by way of
the Fir
st
st Overall Amendme
nt
t and the
19 Second Overall Amendment is referred to herein as the "Real
20 Property Purchase Agreement^ . Exhibit "A^ attached hereto
21 consists of two components, with Exhibit "A-1" being a Master
22 Exhibit List setting forth and identifying the individual
23 agreements and documents
constituting the
g Real Pro� er t Purchase Property chase
24 Agreement.
The Master Ex
hibit List included as Exhibit "A-1"
25 breaks down the Real Property Purchase Agreement and the various
26 documents and agreements thereunder into thr
ee ma '
Jor categories,
27 with the Master Agreement (including its Exhibits) being included
28 within the Exhibit "I" category (i .e . , Exhibits__ " I_1 " through
ISa51.3
i'ROtti-OF S!X'11NIA)(A. ,1"'I
i
z=33 " ) , documentation pertaining to the First Overall Amendment
2 bei
ng included within the Exhibit "II" category
3 (i.e. , Exhibits "II-1" through "II-22") , and documentation
4 pertaining to the Second
overall Amendment being included within
5 the Exhibit "III" category (i.e. , Exhibits "III-1" through
6 "III-17"j . Capitalized
P ed
te
rms
rms use
d he
rein
ein and not otherwise
7 defined shall have the meanings given in the Real Property
8 Purchase Agreement.
9 Under the terms of the Real Property Purchase Agreement,
10 the District acquired rights and interests in real property
11 located in the County of San Mateo by way of the numerous
12 contractual arrangements ,and agreements contained in the
13 documents included within gahi.bit "A-2" . The rights and
14 interests in such property acquired by the District include, but
15 are not limited to, fee title, rights of first refusal, various
16 easements, options to purchase, auxiliary rights such as the
17 dedication of parking areas, rights as a lessor under lease
18 agreements with Hosking, and various other rights and interests,
19 all as set forth in the Real Property Purchase Agreement.
20 Under the terms of the various documents and agreements
21 included within the overall contractual relationship between the
22 District and Hosking, numerous provisions set forth the right of
23 the District to seek reimbursement or indemnification for
24 expenses, claims, liabilities, various specified credits, offsets
25 and adjustments, as well as for attorneys, fees, all as set forth
26 therein (collectively, "Claims
") . Reference is made to Section 9
27 of the Second Overall Amendment which provides for comprehensive
28 overall indemnification of the District by Hosking for all such
IS4ti1.3
3 -
k)d`<l; SC:CURl3)CIA I?!
1 Claims_ Additionally, particular reference is made to
2 Section 7.2 and Section 8 of the Second Overall Amendment which
3 specify specific obligations of Hosking to reimburse the District
4 for amounts paid on behalf of Hosking to the Federal Land Bank
5 and for other specified amounts. Further reference is made to
6 the Residential Area Lease entered into under the Second Overall
7 Amendment (Exhibit •D" to the Second Overall Amendment) , the
8 Holdover Agreement relating thereto as well as the Stipulated
9 t,;Settlement Agreement (all of the foregoing being included as
10 Exhibit "TTT within the Real Property Purchase Agreement) .
11 The aggregate indebtedness of Alan Hosking to the District
12 for all such Claims is as generally set forth on Mxh "B"
13 hereto "
( �xa -- obit") - The Claims Exhibit sets forth the
14 various categories of reimbursable amounts and indebtedness due
15 and to become due from Alan Hosking to the District and states
16 the contractual basis therefor, .including reference to the
17 applicable Exhibit within the Real Property Purchase Agreement
18 document package (and section or provision thereof) and includes
19 calculations designed to show the derivation of the amounts
20 claimed.
21 For purposes of this Proof of Secured Claim
particular
22 reference is made to the Grant Deed referred to as the "Parcel 2
23 and 2-A Replacement Deed" as executed and recorded pursuant to
24 the Second Overall Amendment and as attached as Exhibit "III-7"
25 within the Real Property Purchase Agreement document
package
26 ( "Parcel 2/2-A• Grant- Deed") , as well as to the Non-Negotiable
271 Secured Promissory Note in the principal amount of Five Hundred
281 Thousand Dollars ($500, 000 . 00) issued to Alan Hosking by the
I District pursuant to the Second Overall Amendment and in the form
2 of Exhibit "III-11" within the Real Property Purchase Agreement
3 document package "Non-
Transferable e (th
e
��No g ( n Tra nsfer able $500, 000 Note") The
4 Non-Transferable $500, 000 Note has a maturity date on
5 March 1, 1998 and provides for annual payment of accrued
6 interest, with the principal amount to be paid at maturity. Such
7 Note is secured by the Deed of Trust in the form included as
8 $Xhibir «TTT 12" within the Real Property Purchase Agreement
9 document Package and which was recorded with the County Recorder
10 for San Mateo County upon the closing of the Second Overall
11 Amendment. The Non-Transferable $500,000 Note was specifically
12 made nontransferable so as to provide a mechanism for District
13 to recoup or offset amounts becoming due from Hosking to District`
14 by reason of the various reimbursement and indemnification
15 provisions set forth in the documents making up the Real Property
16 Purchase Agreement.
17 Under the terms of the Second Overall Amendment, the Non-
18 Transferable $500, 000 Note was issued by District to Alan Hosking
19 in partial payment for fee title to the properties defined
20 therein as parcel C-2, Parcel 1-B and the Montgomery Parcel (as
21 provided in Section 3 of the Second Overall Amendment) . The
22 provisions of the Second Overall Amendment at Section 3 .2.3 give
23 the District the express right to offset or recoup by reason of
� 24
the
foll
owing
win
g language
describi
ng Non-
Transferable g the Non Transferable $500, 000
25 Note. " . . .all amounts due thereunder are subject to rights to
26 offset for any amounts due
fro
m
time to time from Seller
27 (Hosking] to District" and
as
fur
ther provid
ed
P in
Section 8 of
28 the Non-Transferable $500, 000 Note
to which states s "Maker (District)
1�
t F
r
1 shall have the right to set-off any and all amounts due from
2 Lender [Hosking] to Maker against interest and principal due
3 hereunder. In the event Maker elects to make such a set-off it
4 shall give written notice to Lender at Lender's address set forth
5 above setting forth the amount of such set-off and the nature and
6 amount of Lender's obligations to Maker being set-off hereunder. „
7 As described in the Claims Rxhibit, the District has elected to
8 offset all accrued interest to date under the Non-Transferable
9 $500,000 Note with the remainder of the Claims constituting
10 obligations secured by Parcels 2 and 2-A, as further described
11 herein below_
12 At the closing of the Second Overall Amendment, Hosking _
13 executed and delivered the Parcel 2/2-A Grant Deed
14 within the Real Property Purchase Agreement document package)
15 which was recorded with the County Recorder for San Mateo County.
16 The Parcel 2/2-A Grant Deed conveyed defensible fee title to the
17 District. District's right to upgrade its title to fee simple
18 absolute is dependent upon the District's election to retain
19 ownership and make payment of the purchase price therefor not
20 later than August 15, 1995, all as provided in the Parcel 2/2-A
21 Grant Deed and as set forth in Section 4 of the Second Overall
22 Amendment. Should the District fail to elect to retain ownership
23 of Parcels 2 and 2-A, the District is required to reconvey title
24 to Alan Hosking, subject to the District's right to reserve a
25 lien or security interest (by way of a Deed of Trust) to secure
26 all amounts then due District from Hosking and constituting
27 "Claims" hereunder by reason of the contractual provisions of the
2$ Rea
l
z Property ropert} Purchase Agreement. Reference is made to
th
e
�.
11POOsr ol:S,C'UREf)CLAP't
Provisions (-. the Parcel 2/2-A Grant Deed and to Sections 4 , 7, 8
2
3 and 9 Of the Second Overall Amendment which set forth the ov erallng
rights of the District to seek reimbursement from Alan Hoski
4 under the terms of the Real Property Purchase Agreement.
5 Reference is made to the particular and specific'
6 Section 7.2 Of the Second overall Amendment whichP-rovisions of
provide that in
7 the event the District elects not to retaiU-,6wnership of
8 Parcels 2 and 2-A under Section 4.1.1 of the. Second ov
9 Amendment erall
, the District shall then aggregate its Claims 10 Hosking for against
payments made on behalf Of Hosking to the Federal
11 Land Bank "and all other amounts then due to District by Seller
12 [Hosking] Pursuant to this Second Amendment accrued to such
13 date" . The aggregate amount as Of such date (defined therein as
14 the "Default
Amount") becomes a debt Owing by Hosking to District
15 and said Section Provides that such indebtedness shall be secured
16 by a Deed of Trust on Parcels 2 and 2-A to be reserved by
17 District upon reconveyance Of such Parcels to Hosking.
18 Based on the provisions of the Parcel 2/2-A Grant Deed, as
19 amplified by the contractual provisions of the Real Property
20 Purchase Agreement and in particular the Second Overall
21 Amendment, all as cited above, the District currently holds fe e
22 title to Parcels 2 and 2-A, subject to defeasance, which title is
231 held as security for: (1) District,s Possible ele
24 title and to coon to retain
convert its defensible fee
title to fee simple
2511 absolute in accordance with the provisions of the Parcel 2/2-A
26 Grant Deed and the Second Overall Amendment; and (2) in the event
27 that the District elects not to retain title
281! 2-A Its defensible
Parcels 2 and
efeasible fee title
is held for Purposes of securing
I the obligations Of Alan Hosking, s now owing and those accruing as
2
of August 15, 1995 under the Real Property Purchase Agreement
3 (Default Amount) _
In the event that the District elects to
4 retain ownership of Parcels 2 and 2-A, it is entitled to a
reduction in the purchase price then Payable for Parcels 2 and
6 2-A in an amount equal to the aggregate of all Claims then owing
7 District by Hosking. under the Real Property Purchase Agreement.
8 Alternatively, in the event that the District elects not to
9 retain Ownership of Parcels 2 and 2-A, it is entitled to reserve
10 a lien (Deed of Trust) on Parcels 2 and 2-A for the Purposes of
11 securing all such claims Owing by Hosking to the District. The
12 District's Position as a secured creditor with a perfected
13 security interest or lien on Parcels. 2 and 2-A is based on its
14 Possession of such Parcels and its record fee title to 'such
15 Parcels, which title is subject to defeasance Only in the manner
16 provided in the Parcel 2/2-A Grant Deed and Second Overall
17 Amendment.
18 3. NO judgment has been rendered on the Claims (with th e
19 exception of the Entry of Judgment Based upon Ccp 664.6
20 Stipulated Settlement Agreement which is included within
21
22 to the Real Property Purchase Agreement document
package.
23 4. The District asserts that its Claims constitute fully
24 secured claims and the evidence of the perfection of that
25 security interest is as set forth in paragraph 2 above.
26 5. In addition to its status as a secured creditor,
27 District reserves whatever other rights t
it has under other le gal
he
28 theories that are Or may become available to it, including, but
ts<s1 3
8 -
PROOF Or's ij
not limited rights of recoupment, rights of set-off,
and/or
2 rights to administrative rent, as applicable.
3 6- The figures set forth in this Proof of Secured Claim _
4 are the most accurate available to the District at the present
5 time; however, these figures are approximations. The District
6 reserves the right to amend this Proof of Secured -Claim in the
7 future to set forth different or higher figures.
8
Dated: July 1993
g MIDPENI REGIONAL OPEN SPACE
DISTRI
10
11 By=
L. Craig Britton
12 139307m Acting General Manager
13 -
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
r
P F,< rf-t:d i- 3f.C.Uk Gil C'IJ„•.' 1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
HOSKING RANCH BANKRUPTCY
MASTER EXHIBIT LIST FOR BANKRUPTCY CLAIM
MatEkt@ +Agrreemleaat foX Trare o ..Iritere6ts ReLt� .:Prapert Bettireen t3ae� Al arxicska ng Ranch, X�a Al an Ho�kiag anfl T4ieresa 1.166lung
Midpenazisua Req
on
k
for
fifer ,pf ,`
``IrtL�e�eslts in 1tea1
1' ►Pe,XtY
I-1 Master Agreement for Transfer of
Interests in Real Property
I-2 Exhibit A The Map
I-3 Exhibit B Legal Description of Property
property) p Y (total
I-4 Exhibit C-1 Preliminary Title Report and Legal
Description of Parcel A
I-5 Exhibit C-2 Preliminary Title Report and Legal
Description of Parcel B
I-6 Exhibit D "Grant Deed" - Grant Deed, Right of
First Refusal and Declaration of
Restrictions (for Fee Parcels --
including reservation of Life Estate
and right of first refusal,
development restrictions and design
review with respect to Theresa's Lot)
1-7 Exhibit E "Parcel C Instrument" - Grant of
Easements for Public Trail/Riparian
Corridor and Ingress and Egress, and
Right of First Refusal
Z-8 Exhibit F Option Agreement (including Exhibit I
thereto "Option Purchase Agreement"
and Exhibit II thereto "Memorandum of
Option")
1-9 Exhibit I to Agreement to Purchase Real Property
Exhibit F
I-10 Exhibit I-A to The ilap
Exhibit F
-kaster Exhibit List (
MROSD/Hosking Bankr y Claim
Page 2
} Master.'Agreement for Transfer; cif Iix �rests ,in'Reap Property
Between the 3 an H+rjsking Rasic}i� ZC Alai llosking aiiid Theresa Hocking.
}
:.:uf:::
x•.... 4
,::..: ...... ....::.:..f{•-:.�:.nu-:.v::::::•,•::::: .... .:.F.TllgR.v. :•..:.: ..uuv}v:::.};::-.......;.. y _.{•,n;:; .::::y::::rv;.rv}'. ... ..+f•v::?'i:;:...v u}:v;.n;{wv:n.i:-.i-}r :......::::.:...:::v:
f/�� ,.,, ::is;•:}:::?}'}i}° r +}:?:?Y. .}'-}.:'.i-:}: ::;•.
PC
' ' {.•}:•'-:. 'AMA{ ,;�.::Ti�...... .,.;
Exhibit I-B to Legal Description of
Exhibit F the Property
I-12 Exhibit I-C to Secured Promissory Note
Exhibit F
I-13 Exhibit I-D to Deed of Trust with Assi
Exhibit F gnment of Rents
I-14 Exhibit I-E to Secured Promissory Note
Exhibit F
I-15 Exhibit I-F to Deed of Trust with Assi
Exhibit F gnment of Rents
I-16 Exhibit I-G to Lease of Barn Area
Exhibit F
I-17 Exhibit I-H to Grant Deed for Fee Parcels, and Right
Exhibit F of First Refusal and Declaration of
Restrictions on Bear Gulch Area
I-18 Exhibit I-I to Prelimina
Exhibit F rY Title Report (Parcel 1)
I-19 Exhibit I-J to One of Two Preliminary Title Reports
Exhibit F (Parcel 2)
I-20 Exhibit I-K to Grant of Easement f
Exhibit F or Open S pace
1-21 Exhibit II t
Exhibit F o Memorandum of Option
I-22 Exhibit G
Quitclaim Deed (Termination of Royalty
Agreement)
I-23 Exhibit H-1 Form of 5-year 8V Purchase Money
Secured Promissory Note ($333,500) «
I-24 Exhibit H-2 Form of 5-year Bt Purchase Money
Secured Promissory Note ($488,000)
1 t: ,
Master Exhibit List ,
MROSD/Hosking Bankrul Claim
Page 3
Master Agreement for Transfer.. bf 'Interests in Real Pr ert
$etween the Alan HnksngiRanch� � , Alan Hocking and Ther sa oski
pq
dpentins a
Ad'
t
� C�pet� Spaces i)ietrict,
k it
xgxseawmeat
O
s
7'` faEs ciE
I-25 Exhibit H-3 Form of 5-year at Purchase Money
Secured Promissory Note ($478,000)
I-26 Exhibit H-4
Form of 10-year Purchase Money Secured
Promissory Note ($478,000)
I-27 Exhibit H-5 Form of 10-year at Purchase Money
Secured Promissory Note ($750,000)
I-28 Exhibit I-1
Form of Deed of Trust on Parcel A
($333,500)
I-29 Exhibit I-2
Form of Deed of Trust on Parcel A
($488,000)
I-30 Exhibit I-3
Force of Deed of Trust on Parcel A
($478,000)
I-31 Exhibit I-4
Form of Deed of Trust on Parcel A
($478,000)
I-32 Exhibit I-5 From of Deed of Trust on Parcel A
($750,000)
I-33
Agreement Regarding White Deed
!i:n
kckster Exhibit Lis
MROSD/Hosking Bank .-c}, Claim
Page 4
i TI
►greent for 7`ranafer of Interests uY Real Property
B�rtwee tte liosk3gtanch,> Inc and
Rusk
and ias Seler3
� rtet�a Regional s Space D .s r
kited �� buyer)
extent,
�"�rta��fer of
II-1
?�rt�cri :taon
Amendment
II-2
Agreement dated October 17, 1986
II-3 Exhibit A
The Map
II-3-A Exhibit 8
Legal Description of Property
(Parcels 1-A, 1-B, C-it C-2, Q, 2-A
and Life Estate)
II-4 Exhibit C-1
Grant Deed (Parcel 1-B)
II-5 Exhibit C-2
Grant Deed (Parcels 2 and 2-A)
II-6 Exhibit D "Grant Deed" - Grant Deed, Right of
First Refusal and Declaration of
Restrictions
I1-7
Exhibit E "Parcel C Instrument" - Grant of
Easements for Public Trail/Riparian
Corridor and Ingress and Egress, and
Right of First Refusal
II-8 Exhibit F
Termination of Life Estate and
Quitclaim Deed (Life Estate)
II-9 Exhibit G
Grant Deed (Parcel C-1)
II-10 Exhibit H
Grant Deed (Parcel 1-A)
II-11 Exhibit I-C
Form of Secured Promissory Note to be
Issued in Connection with Parcel 1-B
(10 years 8°s)
Master Exhibit List �
MROSD/Hosking Bankr _y Claim
Page 5
Agreement for Transfer of Interests in'Real Property
Between the Alan xoskirig Ranch, Inc, .and Alan Hoskirsg. (ag Seller)
M�. peninsula 9ianal and
n Space Distrx.ct (as Buyer)
dated
aOctober 1�. �.1.986`.. .
A9reemertt
TsansFer of
Iu�eres�� �.t� R4a�
C�.ai�p Rxh3,bit R?��'G
.:
II-12 Exhibit I-D Form of Deed of Trust (Parcel 1-B)
II-13 Exhibit i-fi
Form of Secured Promissory Note to be
Issued in Connection with Parcels 2
and 2-A (10 years - g})
II-14 Exhibit I-F -
Foam of Deed of Trust (Parcels 2 and 2-A)
II-15 Exhibit I-G
Barn Area Lease
II-16 Exhibit I-I Preliminary Title Report (Parcel 1)
II-17 Exhibit I-J-1
Preliminary Title Report (first of
four) (Parcel 2 and Parcel 2-A)
II-18 Exhibit I-J-2
Preliminary Title Report (second of
four) (Parcel 2 and Parcel 2-A)
II-19 Exhibit I-J-3
Preliminary Title Report (third of
four) (Parcel 2 and Parcel 2-A)
II-20 Exhibit I-J-4
Preliminary Title Report (fourth of
four) (Parcel 2 and Parcel 2-A)
II-21 Exhibit I-K
Grant of Easement for Open Space
1I-22 Exhibit I-L
Preliminary Title Report (Parcel C-1
and C-2)
11-23
Escrow Instructions
,f
Master Exhibit List
MROSD/Hosking Ban} tcy Claim
Page 6
ZII
Agreement for Transfer of Interete
e goal pxoperty
Scond Amendment to 1985 iio�kin
Between Alan HC?#Icar7i acts
o
Frans n
d ate
dpeniasula Re s nai Opera Spy bstrsct has buyer)
g 14
` dated
ember-2387
....:..:::..
f
'l'ransfer ,b� .
�s�erest�`�.xt Real
�3s�x�pt{�r ; {�eacaa��erit} j
f
Second Amendment
III-2 Exhibit A
Map
III-3 Exhibit B
Property Legal Description
III-4 Exhibit C
Parcel C-2 Grant Deed
III-5 Exhibit D
Residential Area Lease
With Holdover Agreement (executed
4/7/92)
MROSD v Hoskinct, San Mateo Sup.
Court, Case No. 338333 - Entry of
Judgment Based upon CCP 664.6
Stipulated Settlement Agreement (file
stamped 4/16/92)
III-6 Exhibit E
Parcel 1-B Quitclaim Deed
III-7 Exhibit F
Parcel 2 and 2-A Replacement Deed
III-8 Exhibit G
Montgomery Parcel Grant Deed
I1I-9 Exhibit H
Advance $300,000 Note
IZI-10 Exhibit Z
Advance Deed of Trust
III-11 Exhibit J
$500, 000 Note
II1-12 Exhibit K
$500, 000 Deed of Trust
master Exhibit List �
MROSD/Hosking Bankrup Claim
Page 7
Agreement :for Trans fez of Interests in Real Property
Secoad:Amendment :to9$SiokangTransacton
Between Alan Hosag as,
Sep ler)
dpeau,nsul� �,Spa�e Di��rY.�t `:�a� sayer)
t
mat� �m � r
BIsxuptcy:; # +�
;. • �a f
III-13 Exhibit L Parcel 2 and 2-A Note
III-14 Exhibit M Parcel 2 and 2-A Deed of Trust
III-is Exhibit N Preliminary Title Report on Montgomery
Parcel
III-16 Exhibit o Preliminary Title Report on Parcel C-2
III-17 Exhibit P Preliminar
y Title Report on Parcel 1-B
f 0"slu9 8.4.41,y AO-M-%ft-C eW Bags R
Clef
HOSKING BANKRUPTCY AGREEMENT
oY
c This transaction analysis makes certain assumptions for simplicity. The District is not now stating what elections will be made because, it
w among other things,such future decisions are affected by future funding availablity,statutory financing limits,availability of cash,interest rates,
n and marketability of rotes. It would unduly burden the District to commit to such decisions before the election date when the effect of these ��O�►pG�/l�y�0
factors can be better evaluated. Amounts stated are estimated based upon available information. —mot l /gyp
The following charts assume: (1)the defeasance payment is delayed until 8/15195,(21 District pays all future Land Bank payments (3)
Hosking does not pay the District for any Land Bank payments the District has already made(4)Hosking has not paid Holdover rents,
liquidated damages,attorney's fees,or clean-up costs,(5)certain offsets are reduced as agreed (6)the District does not incur any other debts
to Hosking and(7)title to Theresa's lot is not cleared.
RECAP
Parcels 2 and 2-A Base Price $6,100,000 Base price increases$1,000/day after 8115189.
$1,0001day escalation $2,191,000 2191 days 8/15189 to 8115195
Purchase Price on Close Date $8,291,000 Does not include adjustments,e.g.credits:set-offs,and offsets.
Total Credits Accrued ($2,358,012) Represents estimated claim as of August 15, 1995 under proposed Bankruptcy Agreement.
I14 Total Credits Taken $175,000 Credits already taken against interest on S500,000 note.
Remaining Credits ($2,183,012) May reduce purchase price or become Deed of Trust on property depending upon election decision
Owed on election to retain Parcels 2 and 2-A $6,107,988 Does not include deduction for remaining Land Bank Principal.
POSSIBLE SCENARIO ON CLOSE DATE
District will apply all available credits of $2.183,012
to the required ash down of ($1,638,2001 $1.200,000 plus 20%of increase in purchase price over$6,100,000
lead available credits of $544,812
ii The purchase price of $8.291,000 Base purchase price of$6,100,000 ples2191 days escalating at$1,000/day.
W less the amount toward ash down of $1 00i
o ( 638.2 _
results in an inilitiai we amount of $6,652,800
The District will subtract from the idi ial note amount of $6,662,800
the remaining cradles of ($544,8121
and issue a note in the among of $6,107,988 District note will be sold to pay remaining land Banc Principal,
Gan which must be paid the remaining Lamm Bank Principal of ($1,490,400)Actual amount may vary. Hoskitg's estimate of$1,567,815.34 may be too high,
and debts to Burger of ($2,323,086)Claimed Principal of Burger note
and ($933,8501 Estimated Interest on Burger Note 312!92 through 8/15/95 at 10%
leaving the remainder to be distributed as otherwise agreed. $1,360.653 Remaining proceeds from sale of rate subject to agreements between Hosting and parties other than District.
0
e
E
0
r
S
e!
c
u`.
M, Iwstwc UMsa[lue NA�sls �1�
i
` ro�.g saar.pr.r.cgemron w:.rx�c em n n
MA=Master Agreement(Exhibit I-1)
'o FA=First Amnendme+t to Master Agreement (Exhatsit 11-1)
N SA=Second Arcttant to Master Agreement (Et 111-1)
SEI=Supplemertal Escrow instructions fExhbt 11-23)
HA=Holdover Agreement to Residential Area Lease (Endist 111-5)
RAL= Residential Area Lease(E)ddsk I14-5)
BA=BanlrulAcy Agreement
CREDITS SA§§4.1,7.1,7.2,9,HA§10,RAL¶I District is ordabd to crodq apakM purchose poke for Pascals 2 ant 2A soy aownods Hot"
was the Dlslncl.
RENTS,DEPOSITS AND DAMAGES
Bam Rents and Deposits $3.361.90 SA§§5.2.1.(f),8.3 Tassel nods and deposits 6 Office real.Rebwd demonna Y16/38,rMko of Will to oOSN 3117111)
Residential Area-5 acre Lease Back and Holdover Agreement
Charms for Possession Hos1iq's use awl possession of the 5 sat ReswodW Arta.
Base Rest $18.000.00 HA§2 Amm rd i4wffiN in the ApreoMal
Holdover Rent $40,000.00 HA§2 Amaral cakdeloo based upon days In possession.
Ligadated Damages $100,00D.00 HA§3 Amoud cakndelN based upon days in possaufas.thus 1edu9e4 by agnsmeal.
Attorney's Fees as of 10/31t93 $BD.341.77 HA§§12,13,BA§§2..6.2,6.17 Ammad may Increase par agroomed. Of INa.WHO is par prwr Seasonal-
Clean-up Fees and Deposits $25,000.00 SA§8.2,HAS 6 Actual cost of clo"to be dolonised-Sat mosmuml is credited and any moss ores ac1uN cost
rearbd at subtracted*am credits.Additional ameunls ved be add"as malls.
LAND BANK PAYMENTS SA§7A.3.7.2 Lana Bode psymeals mood by Hosting bell petal by Obhkt.
1988 $0,00 SA§§7.1,7.2.9.1 Paid for ad of Son"proceeds as par codrad
8 1989 $209,183.95
1990 $205.54130
1991 $205.551.79
1992 $2D5,534.90
1993 $2110,000.00 E39awted-actual asmad rite be peabaotnr be bwo.
F 1994 $210,000.00 Esnmaled-ockW&me"red be probe*be bran.
1995(Remaining Land Batts Principal?) $1,490.399.96 Esamaled-(Nos"esbmded t1,567.916.341 To be pant oll of escrow
BIG CREEK LUMBER $0.00 SA§9.1.SEI 4124W§5 To be forgiven most BaeluupicyAgmemad.Or4balAmewd 342.111114.
THERESJIS LOT $225,0W.00 Bankruptcy Agreement Amood wd be 11"M if Was b dooms!bofoa 1/134 of District takes tale.
0
INTEREST ON CREDITS 12 o adored accrues on crtdas
Interest on Land Banc Payments f490,393.50 SA§4.1.7.2 Based upon eshonaled Lamobank Payments.
Interest on Credits Other dean Land Basis Payments $130,100.57 HA§9
Total Credits Accrued $2,350,011.59 Does not include romakdng tad Beek Principal
Credits Taken ($175,000.00)
Credits Available $2,193,011.59
CASH PAYMENTS MADE Pryonods for vdicb creatls cads have been used bid welch mm fostasal pew io Issuing
Total Cash Payments Made $25,000.00 Check f135W W3M Tits for kxaded for according-lodann=5oo.mmo ode idarest agaisd credas takon
a
•
t
E
0
H
w
m
G
E
0
or'
2 d 4 rws+sr tkxcxu a most „os
Fotllp[tantror/<y rgeen�M w:onari C'eel 8ays
a DEBTS
°+ $500,000 NOTE
Principal $500,000.00
Total Interest Paid to Hosldng,as of 9W15/95.an$500,000 note $200,000.00 Does not Include interest paid to any other holders of the note.
interest Paid in Cash (i25,000.00)
Credits taken against interest ($175.000.00)1
PURCHASE PRICE PARCELS 2 AND 2A
Initial Purchase Price SB.t D0,000.00
Escalation Siday $1.000.00
Start date 15-Aug-89
Eat Date 15-Aug-95 Notice of Section Due W1195 SA§4.1
Additional Purchase Price $2,191,000.00 2191 days 8/15/89 to 8r15F95
Total Purchase Price on 9115/95 $8,291,000.00
� an
o_
/V
dy
E
a
0
r
z
i3
0
F
m
ri
E
8
u..
3 014 H%kgr Laths MA A"ywi Ila
1-o;trg 84nc�.pEy agetn�u.w:wwn CxW Bras
3
ALLOCATION OF PURCHASE PRICE' SA§4.1
o.
CASH DOYM SA§4.1.1(a)
Base Cash Down $1,2DD,000.00
+20%of increased trice $438,200.00
-Land Bank Payments" ($1,245,913.841
-Interest an Land Banc Payments ($490,393.50)
-other credits ($621.904.24)
+credits already taken $175,000.00 All credits were taken against interest due on 5500,000 note.
=Cash Down Due ($544,911.58)Negative Value is amount by which crams exceed cash down due(applied to reduce note).
PROMISSORY►OTE SA§4.1.1(b)
Total Purchase Price $0,291,00.00
-credited to Cash Down ($1,638,20D.00)
-Credits exceeding cash dorm ($544,811.59j
$6,107,998.42
` Possible Scenario on Close Date-For illustrative Purposes Only-Not an Election to Proceed as Described.
Remaining Land Banc Principal is to be paid out of escrow and credits adjusted accordingly,
fH
•
0
a
•
z
a
0
S
io
c
4d4 fWAIKTtah94t1-A"TS 1IAB
EXHIBIT D TO BANKRUPTCY AGREEMENT
WHEN RECORDED RETURN TO:
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, California 94022
Attention: Mr. L. Craig Britton
MEKORANDUX OF PURCHASE RIGHT
THIS MEMORANDUM OF PURCHASE RIGHT is dated this day of
1 1993, and is notice to all concerned that a Bankruptcy
Agreement was entered into by and between Midpeninsula Regional
Open Space District ("District") , and Alan Hosking (in his
capacity as an individual and as the former sole shareholder and
successor in interest to the Alan Hosking Ranch, Inc. , a former
California corporation) and Theresa Hosking (collectively,
*Hooking") , on the day of 1 1993, wherein Hosking
granted to District the exclusive right to acquire that certain
real property owned by Hosking as described in Exhibit "A"
attached hereto and made a part hereof by this reference.
IN WITNESS WHEREOF, the parties have caused this Memorandum
of Purchase Right to be executed as of the date first above
written.
DISTRICT HOSKING
MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT, a Public Alan Hosking (in his capacity
District as an individual and as the
330 Distel Circle former sole shareholder and
Los Altos, California 94022 successor in interest to the
Alan Hosking Ranch, Inc. ,
APPROVED AND ACCEPTED: a former California
corporation)
125 Northgate Drive
Woodside, California 94062
President, Board of Directors
ATTEST: Theresa Hosking (also known as
Theresa Ruth Hosking)
125 Northgate Drive
Woodside, California 94062
District Clerk
Date:
17064.4
Midpeninsula Regi .1 Open Space District
Memorandum of Purchase Right
Page 2
State of sionaso OPTIONAL SECTION onnass
County of CAPACITY CLAIMED BY SIGNER
Though statute does not require the
On before me, Notary to fill in the data below,
DATE NAME,TITLE OF OFFICER-E.G. -JANE DOE,NOTARY PUBLIC- doing so may prove invaluable to
persons relying on the document.
personally appeared Alan Hoskina [x] INDIVIDUAL
NAMEIS) OF SIGNERSIS) CORPORATE OFFICER(S)
TITLE(S)
personally known to me- OR- [x] proved to me on the basis of satisfactory evidence
to be the person(s) whose names) is/are I I PARTNER(S) [ I LIMITED
subscribed to the within instrument and [ I GENERAL
acknowledged to me that he/she/they I I ATTORNEY-IN-FACT
executed the same in his/her/their authorized I I TRUSTEE(S)
capacity(ies), and that by his/her/their I GUARDIAN/CONSERVATOR
signature(s) on the instrument the person(s), I OTHER:
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
SIGNATURE OF NOTARY
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED AT RIGHT:
NUMBER OF PAGES DATE OF DOCUMENT
Though the data requested here is not required by low,it
could prevent frauduiorrt roattactumnt of this form. SIGNER(S) OTHER THAN NAMED ABOVE
01992 NATIONAL NOTARY ASSOCIATIONS,8 230 Rommet Ave.,P.O. Box 7184OCanoge Park,CA 91309-7184
17064A
Midpeninsula Reg it Open Space District
Memorandum of Pu. .ase Right
Page 3
State of ) 000nle OPTIONAL SECTION
County of I CAPACITY CLAIMED BY SIGNER
Though statute does not require the
On before me, Notary to fill in the data below,
DATE NAME,TITLE OF OFFICER-E.G. -JANE DOE,NOTARY PUBLIC" ' doing so may prove invaluable to
persons relying on the document.
personally appeared Theresa Hoskina [xI INDIVIDUAL
NAMEM)OF SIGNERS(S) [ I CORPORATE OFFICER(S)
TITLE(S)
[ 1 personally known to me- OR- [ I proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are [ I PARTNER(S) [ I LIMITED
subscribed to the within instrument and [ I GENERAL
acknowledged to me that he/she/they [ I ATTORNEY-IN-FACT
executed the same in his/her/their authorized ( I TRUSTEE(S)
capacity(ies), and that by his/her/their ( I GUARDIAN/CONSERVATOR
signature(s) on the instrument the person(s), [ I OTHER:
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal SIGNER IS REPRESENTING:
NAME OF PERSONS)OR ENTITY(IES)
SIGNATURE OF NOTARY
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED AT RIGHT:
NUMBER OF PAGES DATE OF DOCUMENT
Though the data requested here is rat required by law,it
could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE
e1992 NATIONAL NOTARY ASSOCIATION 0823e Remmet Ave.,P.O. Box 7184aCanogs Park,CA 91309-7184
17064.4
Midpeninsula Regi, .1 Open Space District
Memorandum of Purchase Right
Page 4
State of siiii=o OPTIONAL SECTION
County of CAPACITY CLAIMED BY SIGNER
Though statute does not require the
On before me, Notary to fill in the data below,
DATE NAME,TITLE OF OFFICER-E.G. -JANE DOE,NOTARY PUBLIC' doing so may prove invaluable to
persons relying on the document.
personally appeared H INDIVIDUAL
NAME(S) OF SIGNERS(S) I CORPORATE OFFICER(S)
President, Board of Directors
TITLE(S)
I personally known to me- OR- I proved to me on the basis of satisfactory evidence PARTNER(S) H LIMITED
to be the person(s) whose name(s) is/are H GENERAL
subscribed to the within instrument and I ATTORNEY-IN-FACT
acknowledged to me that he/she/they I TRUSTEE(S)
executed the same in his/her/their authorized I GUARDIAN/CONSERVATOR
capacity(ios), and that by his/her/their (XI OTHER: A Public District
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
SIGNER IS REPRESENTING:
WITNESS my hand and official sea[ NAME OF PERSON(S) OR ENTtTY(IES)
Midgeninsula Regional Open
Space District, a Public District
SIGNATURE OF NOTARY
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED AT RIGHT:
NUMBER OF PAGES DATE OF DOCUMENT
Though the data requested here is not required by low,it
could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE
01992 NATIONAL NOTARY ASSOCIATION e 8236 Remmet Ave.,P.0. Box 7184*Canoge Park,CA 91309-7184
17064A
Midpeninsula Reg' al Open Space District
Memorandum of Pu Ase Right
Page 5
EXHIBIT A TO b=ORANDUM OF PURCHASE RIGHT
The land herein referred to is situated in the State of
California, County of San Mateo, and is described as follows:
All that portion of Parcel 11 lying Westerly of the
Westerly line of Star Hill Road as the same is shown on
that certain map entitled "COUNTRY DEVELOPMENT CO. , BEING
A PORTION OF CANADA VERDE Y ARROYO DE LA PURISSIMA RANCHO
& PORTIONS OF SECTIONS 8, 17 & 18 T. 6 S. , R. 4 W. , M. D.
B. AND M, IN THE UNINCORPORATED TERRITORY OF THE COUNTY
OF SAN MATEO, CALIFORNIA" , filed in the Office of the
County Recorder of San Mateo County, State of California
on October 29, 1971 in Book 14 of Parcels Maps at Pages
20 and 21.
A.P. No. : 067-410-180 JPN 067 041 410 09 PTN A
17064.4
EXHIBIT E TO BANKRUPTCY AGREEMENT
CONSENT TO BANKRUPTCY AGREEMENT
THIS CONSENT TO BANKRUPTCY AGREEMENT ( "Consent") relates to
the Bankruptcy Agreement, dated , 1993 ("Bankruptcy
Agre ent") , among the Midpeninsula Regional Open Space District
("District") and Alan Hosking and Theresa Hosking, a copy of
which is attached hereto as Exhibit A. This Consent is being
executed and delivered by District and by Richard T. Burger
("Burger") , a creditor of Alan Hosking. All capitalized terms
used herein and not otherwise specifically defined shall have the
meanings given in the Bankruptcy Agreement.
The Bankruptcy Agreement pertains to the bankruptcy
proceeding filed by Alan Hosking ("Hooking") entitled In Re:
Alan L. Hosking, aka/dba Allan Hosking, Chapter 11 Proceedings,
Case Number 92-33714-TC filed in the United States Bankruptcy
Court for the Northern District of California, Division 3, and
the Plan of Reorganization thereunder. Burger has reviewed the
Bankruptcy Agreement and agrees that he will not object to the
implementation of the Bankruptcy Agreement, the incorporation of
the terms thereof in an amendment to Hosking's Plan of
Reorganization, and the issuance of a final non-appealable order
of the Bankruptcy Court confirming such amended Plan of
Reorganization.
Hosking is indebted to Burger under the terms of a Loan
Agreement dated March 3, 1992 and various other documents
referred to therein, as amended to date (collectively, the "Loan
Agreement") . As additional security and collateral for the
repayment by Hosking of indebtedness to Burger under the Loan
Agreement, Burger requested and received a security interest in
Hosking' s rights to payment and other distributions under the
Real Property Purchase Agreement (as defined in the Bankruptcy
Agreement) . By Consent to Assignment dated April 2, 1992
("District Approval") , the District gave its consent to Hosking' s
assignment to Burger of all Hosking' s rights to payment, property
and proceeds under the Real Property Purchase Agreement. As
stated in paragraph 5 of the District Approval, such assignment
is and shall be subject to all rights and defenses of the
District under the Real Property Purchase Agreement, and Burger's
rights shall be limited to the receipt of money, assets and other
proceeds at the times and to the same extent as Hosking is
entitled thereto pursuant to the terms of the Real Property
Purchase Agreement. District hereby reaffirms its consent to the
grant of such security interest, subject to the terms of the
District Approval as supplemented hereby. District hereby
affirms that, to its knowledge, District is not aware of any
other parties holding an assignment or security interest of any
of Hosking' s rights under the Real Property Purchase Agreement.
District hereby covenants and agrees that it will not in the
future enter into any amendment to the Bankruptcy Agreement or
the Real Property Purchase Agreement which might have a material
adverse effect upon any of the rights or interests of Burger
(including the value of Burger's security interest or assignment,
17066.4
i
Midpeninsula Reg it Open Space District
Consent to BankrL,,-cy Agreement
Page 2
or the time, amount or mode of payment by District thereunder) ,
without Burger's express prior written approval. Burger hereby
agrees that he will not advance additional funds to Hosking or
otherwise secure additional indebtedness of Hosking to Burger by
way of the assignment of, or security interest in, the Real
Property Purchase Agreement, without the prior written approval
of District.
IN WITNESS WHEREOF, the parties have caused this Consent to
Bankruptcy Agreement to be executed as of the date first above
written.
MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT, a Public Richard T. Burger
District 650 Via Miraleste
330 Distel Circle Palm Springs, California 92262
Los Altos, California 94022
APPROVED AND ACCEPTED:
President, Board of Directors
ATTEST:
District Clerk
6-931108
17066.4
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-93-129
Meeting 93-24
December 8, 1993
AGENDA ITEM
Notice of Contract Completion for the Weeks Road Project at La Honda Creek Open Space
Preserve
ACTING GENERAL MANAG$R'S RECOMMENDATION
Adopt the attached Notice of Completion of Contract and Acceptance of Work.
DISCUSSION
At your April 28, 1993 meeting, you awarded the contract for the Weeks Road Project to
Summit Springs Design in the amount of $70,278 for construction of a road and drainage
improvements, and implementation of a tree protection and landscaping plan (see report R-93-
60). At your May 12, 1993 meeting, you were informed that Summit Springs Design was not
able to provide the necessary bonds, insurance, and work schedule materials in a timely manner
and that staff wanted to contract with the second lowest bidder, Geotechnical Management Inc.
of Los Gatos. You authorized staff to proceed with a contract with Geotechnical Management
Inc. in the amount of $77,804 to complete the road construction project.
Construction began on schedule in mid-June, and the project was completed on November 22,
1993. A walk-through with the two engineers involved in the design and construction of the
project has been completed. The arborist has also visited the site for a final inspection. Several
small items were identified which needed attention. Those items have now been completed to
the satisfaction of District staff. District staff is currently working with the County of San
Mateo to finalize the grading and building permits.
The project was originally anticipated to be complete in September, 1993. However, numerous
changes required to complete the project and problems which arose during construction
lengthened the duration of the project and increased both engineering and construction costs.
Typically, change orders issued during construction amount to an addition of approximately ten
to fifteen percent above the original contract amount. In the case of this project, the final cost
of the construction is more than double the original contract amount. This is primarily
attributable to the following three items: retaining walls needed to protect two clusters of
redwood trees, repairs to a landslide encountered during construction, and the import of
additional structural backfill material.
330 Distel Circle * Los Altos, California 94022-1404 * Phone: 415-691-1200 * FAX: 415-691-0485 19
Board of Directors:Pete Siemens,Robert McKibbin, Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit
I
R-93-129 Page 2
Retaining Walls: At the onset of the project, two retaining walls were identified as needed to
protect two clusters of approximately 20 redwood trees. The original topographic survey for
the project did not identify the trees in enough detail. The retaining wall was not included in
the original road design. The alternative would have been to remove the trees. Cost of the two
retaining walls was $18,172.
Landslide Repairs: During the course of construction, a landslide occurred in the roadcut
above the roadway just below Skyline Boulevard. The soil engineer on the site originally
believed that the slide could be repaired with some subsurface drains. However, upon further
investigation, it was discovered that the slide was caused by a subsurface spring which was
carrying a significant amount of water. Further sliding occurred, making it necessary to remove
the heavy clay material from below the roadway and in the roadcut. The cost of the slide repair
was performed on a time and materials basis. The slide repair costs have amounted to $26,470.
Additional Structural Backfill: The original engineer's estimate called for the import of 300
tons of structural backfill to complete the grading for the road. It is necessary to expose the
mineral soil in order to obtain proper compaction so the new road will not settle. Due to a
higher than anticipated amount of organic material mixed into the surface soil, and due to the
landslide repair, more soil needed to be removed than originally anticipated. This, along with
the slide repair, required the import of additional structural backfill to complete the project. A
total of 1,700 tons of additional backfill were required at a cost of $35,567.
These three items amount to an overrun of$80,209. The actual costs of the additional backfill
and slide repair were not known until the contractor submitted the most recent invoice, as the
projects were completed on a time and materials basis. The remainder of the change orders
issued on the project amount to an additional $6,970. These change orders cover more typical
items such as additional culverts, revisions to the landscaping plan, and reimbursement for
obtaining permits.
Other project costs include approximately $42,356 for additional engineering design of the
retaining walls, engineering inspection and testing services, and inspections by the arborist. The
grading and building permits issued by the County of San Mateo required a soil engineer be on-
site during construction to insure proper construction of the project. Due to the added
components of the project, the duration of the project lengthened, requiring additional site visits
by the soil engineer. The arborist and civil engineer were also called in for consultation during
the discussions pertaining to the retaining walls.
The total approved budget for the entire project was $102,500 ($87,500 for construction and
$15,000 for engineering and testing). Actual project costs are $164,982 for construction and
$42 356 for engineering and testing, for a total of $207 338. This is an overexpenditure of
j g g g> P
$77,482 in construction and an overexpenditure of$27,356 in engineering and testing, for a total
overexpenditure of $104,838 for the project.
Some of these costs are reimbursable. The ad
jacent t landowners are obligated to a $5 000
J g PY
toward the engineering costs and an additional $5,000 toward the construction cost. They have
i
R-93-129
Page 3
been billed for the engineering costs. A letter requesting payment of the total amount now due
has been sent. Also, $3,924 covered the cost of connecting the water system at the District's
rental house to the Skyline County Water District system, and the construction of the water line
within the roadway for the adjacent neighbor. Of this amount, $1,044 will be reimbursed by
the neighbor; the remaining $2,880 was charged to the enterprise account. Finally, $7,500 was
deposited with the County in a road escrow account as part of the permit process. This escrow
account is used to cover the cost of County staff time in association withthis project, with any
remaining funds to be refunded to the District. Assuming no refund from the County, the
minimum reimbursable costs amount to $13 924.
This project was initiated as an integral part of a settlement of the Dyer vs. Mills litigation
which the District inherited as a part of the purchase of the former Dyer property, that created
the La Honda Creek Open Space Preserve. The location and design standards of the road were
a legal obligation resulting from a hearing in open court. As a part of that settlement, the
District previously received $25,000 from the insurance company for Ray Mills, one of the
parties to this litigation. This brings the total reimbursable costs to $38,924 for a net-project
cost of$168,414 excluding a possible refund from the County.
Approximately ten percent of the construction cost ($16,499) is being withheld from the
contractor's billing in accordance with the contract documents and specifications. A check for
that amount will be issued in 35 days, which allows adequate time to review evidence that all
payrolls, material bills, and other indebtedness connected with the project have been paid.
Prepared by:
Mary Gundert, Open Space Planner
Contact:
Same as above
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
NOTICE OF COMPLETION OF CONTRACT AND ACCEPTANCE OF WORK
NOTICE IS HEREBY GIVEN by order of the Board of Directors of the Midpeninsula
Regional Open Space District, pursuant to State law that work to be performed under the
contract heretofore made and executed by and between the Midpeninsula Regional Open
Space District, as Owner therein and Geotechnical Management Inc. — as Contractor
therein, bearing the date May 14, 1993 for construction of Weeks Road Project
and appurtenant facilities upon lands of said District known as La Honda Creek Qpgn
Space Preserve situated in unincorporated San Mateo County, State of California, was
completed as called for and in the manner designated by the plans and specifications by the
said Contractor, on the 22nd day of November.1993
Upon said 'contract, Amwest Surety Insurance Company was surety on the
bond given by said Geotechnical Management Inc. the said Contractor,
as required by law.
That the title of said District to the real property upon which said work and contract
was performed is that of fee title.
That the address of said Midpeninsula Regional Open Space District is 330 Distel
Circle, Los Altos, CA 94022
• IN WITNESS WHEREOF, pursuant to the order of the Board of Directors made and
given on the 8th day of December, 1993 , authorizing,and directing the execution'
of this instrument, the said District has caused these presents to be executed in its name,
authenticated by the signature of the President of the said Board of Directors this
8th day of- December, 1993 , in Los Altos, California.
I CERTIFY, under penalty of perjury that the foregoing is true and correct.
STATE of CALIFORNIA, COUNTY of SAN MATEO
The undersigned, being duly sworn says: that he/she is the person who executed the
foregoing; that he/she has read the same and knows the contents thereof, and that the facts
stated therein are true.
Elizabeth Crowder
President, Board of Directors
Subscribed and sworn to before me on
Jean Fiddes, District Clerk and Notary Public
330 Distel Circle 9 Los Altos, California 94022-1404 - Phone: 415-691-1200 e FAX:415-691-0485 9
Board of Oirectors:Pete Siemens,Robert McKibbin,-I eena I lenshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wirnde Wit
i
Open Space
R-93-128 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 93-24
December 8, 1993
AGENDA ITEM
Award of Consultant Contract for Mt. Umunhum Building and In stricture Assessment
ACTING GENERAL MANAGER'S RECOMMENDATION '
Authorize staff to enter into negotiations with Gould Architects of San Jose to prepare the
assessment within, budget.
DISCUSSION
At your regular meeting of August 25, 1993, you approved a $20,000 budget to study the
condition of the buildings and related utilities at the former Almaden Air Force Station on
Mt. Umunhum, in western Santa Clara County. This is part of an interim study in response
to the delay in the formal planning process for the use of the Mt. Umunhum area of Sierra
Azul Open Space Preserve. The delay in the formal process is due in turn to the delay by
the U.S. Army Corps of Engineers in addressing toxic contamination remaining from the Air
Force occupancy. A recent Santa Clara County Grand Jury report suggested that the District
put more effort into preventive maintenance of these buildings for potential future uses. This
interim study is the next step towards the District identifying any of the buildings that might
be appropriate for maintenance consideration. Further decisions may be made as part of a
comprehensive planning process to determine the overall use of this area, including potential
use of the buildings that you determine are compatible with the open space goals for the
area.
Thq study will be a preliminary evaluation of configuration and condition of the buildings,
utilities, and infrastructure. It will provide general scope of work and cost for maintenance
repairs, upgrades, and/or demolition costs on the buildings and infrastructure. It will not
evaluate specific potential uses, but it will provide a basis for further evaluations and
decisions.
A total of nine local consultant firms were invited to submit proposals. Five proposals were
received. Based on overall firm and individual qualifications, approach, and completeness of
the proposal, staff recommends Gould Architects of San Jose be selected to provide these
services.
Prepared by:
Randy Anderson, Planning Manager
Contact person: `
Same as above
330 Distel Circle • Los Altos, California 94022-1404 Phone: 415-691-1200 FAX:415-691-0485
Board ofDrrectors:Pete Siemens,Robert McKibbin,Teena Renshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit
Open Space
----------------------
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-93-130
Meeting 93-24
December 8, 1993
AGENDA ITEM
Status Report from General Manager Search Committee
DISCUSSION
Director Henshaw, chair of the General Manager Search Committee, will report to the Board
on the status of the search to fill the general manager's position.
Prepared by:
Jean H. Fiddes, Administrative Services Manager
Contact person:
Teena Henshaw, Director - Ward 3
330 Distel Circle Los Altos, California 94022-1404 Phone:415-691-1200 -FAX:415-691-0485
Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de wit
Meeting 93-24
December 8, 1993
AGENDA ITEM
Status Report From General Manager Search Committee and
Recommendations for the Remainder of the Process - T. Henshaw
At the July 28th meeting of the Board, a committee of P. Siemens, R.
McKibbin, and T. Henshaw was appointed by the Board with the
charge to I)investigate the use of a search firm; 2)make
recommendations on the level of public involvement; 3)outline a
timeline and procedure for the hiring process; 4)recommend
compensation for the position; and 5) refine the job description for
the general manager's position. The following is a summary of the
action taken with regards to the committee's charge.
On September 15, 1993, the search firm of Hughes, Heiss &
Associates was chosen by staff to represent the District in the
hiring of a new general manager.
Subsequently, the committee member P. Siemens and T. Henshaw and
staff member Jean Fiddes met with the representative from the
selected firm to discuss numbers 2-5 of the committee's charge. An
oral report was made by T. Henshaw to the Board at the next regular
Board meeting. On October 19, 1993 the committee received the
draft for the brochure to be used to advertise the position. The
committee requested that the full Board be involved on the decision
regarding the Compensation section of the brochure. This decision
was made by the full Board in closed session at the next Board
meeting. There has been no further action by the committee.
Recommendations for the Remainder of the Process:
The hiring of a new general manager for the District can be viewed
as the most important task that this Board of Directors may
encounter. Further recognizing that the Board should have
involvement and open communication with the consultant who has
been hired to assist the Board in this endeavor, the following
options need to be considered by the Board and a decision made to
the level of involvement desired by the full Board.
n
After the closing date for the submission of applications, the
consultant will begin paper screening of all applicants. He will
deterrnine approximately 10 to 12 top candidates that should be
initially interviewed. These are the Board's options at that point:
a. The consultant to conduct all initial interviews alone
b. A Committee appointed by the Board would be involved in
these initial interviews
I
c. The full Board would participate in these initial interviews
d. A Blue Ribbon Committee of both Board members and
members of the public would be involved in these initial
interviews.
Recommendation For reasons that I will give during the meeting, I
recommend that (b) be approved by the Board.
After the initial interviews have been conducted and the final
applicants identified (number would be between 5-7), the full BOARD
would be involved in the final interviews under the direction of the
consultant.
After the final interviews and a finalist has been selected by the
Board, the Committee could work with the consultant in the
negotiations of the compensation packet with the finalist.
The above outlines the procedure from this point to the actual hiring
manager. This re report has been developed with the
of the new generalP
g P
assist
ance ance of both Jean Fiddes and the consultant. Both Jean and I
will be available during the meeting to answer questions and
concerns. It is critical that there be both understanding and trust of
the hiring process by all members of the Board and that there be
support for the decision made by the Board on the desired option for
the interviewing of the candidates.
s
Open space
--------------------
R-93-116
Meeting 93-24 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
December 8, 1993
AQENDA ITEM
Committee Consolidation
ACTING GENERAL MANAGER'S RECOMMENDATION
1. Determine whether to establish four standing committees with the responsibilities specified in
report R-93-111 and as discussed at your October 27 meeting to replace existing committees
and implement the change at committee reassignment time in January.
2. Determine whether the Board President should serve on any committees.
DISCUSSION
At your October 27 meeting, you continued to a future meeting your discussion of Director
Siemens' proposal to establish four standing committees to consolidate the responsibilities of existing
Board committees (see report R-93-111). Copies of the report are available at the District office.
The following is an excerpt from the October 27, 1993 minutes:
"C. Britton stated that the management team reviewed Director Siemen's suggestions for
consolidating Board committees and discussed alternative suggestions proposed by the
management team. The Board discussion focused on the suggestions contained in the report;
an additional recommendation made by Harry Haeussler, 1094 Highland Circle, Los Altos,
that the proposed Budget and Administration Committee be named the Administration and
Budget Committee; T. Henshaw's suggestion that the Acquisition and Enterprise Committee
review future acquisitions; that the level of Board involvement in use and management plans
be limited to policy review; and caution that the Board should carefully consider how this
new committee format would function."
At your December 1 Special Meeting study session on the role of Board members and officers, you
briefly discussed the role of Board committees and indicated you wanted to discuss the following in
conjunction with this agenda item:
1) appointment of alternates to Board committees;
2) non-committee member attendance at committtee meetings; and
3) taping of committee meetings.
Prepared by:
Jean H. Fiddes, Administrative Services Manager
Contact person:
L. Craig Britton, Acting General Manager
330 Distel Circle * Los Altos, California 94022-1404 * Phone: 415-691-1200 * FAX: 415-691-0485
Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
FROM: C. Britton, Acting General Manager
DATE: December 3, 1993
SUBJECT: FYI
Open Space
s
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
November 16, 1993
City Council
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Subject: Open Space Element and Sphere of Influence Expansion
Dear Council Members:
The Midpeninsula Regional Open Space District has carefully followed the development of the
Open Space Element and discussion of the expansion of Saratoga's sphere of influence. We
applaud the Council, Planning Commission, citizens and staff for the hard work they have put
into these efforts, and the overall quality of the resulting document. It will help guide this
critical "final chapter" in the establishment of the environmental setting of the city.
To clarify and strengthen the relationship between the objectives of the Open Space Element and
the sphere of influence expansion proposal, we suggest that the following statements be added
,to the Open Space Element on page 13, under Preservation of Open Space, after the current item
1 and replacing the current item 2. The current item 3 would become item 4.
2. If necessary to secure the ability to comment on development projects in the
unincorporated area, pursue expansion orthe Sphere of Influence, to include those areas
with a strong relationship to the City due to visibility, and/or provision of infrastructure
and services.
3. If expansion of the Sphere of Influence is pursued, apply the Residential Open Space
(ROS) zoning district as the prezoning category for all lands outside of the current urban
service limits of the City.
Thank you for your consideration of our comments. We wish you all the best in pursuing these
important objectives.
tSi 1
L. * Britto`n-- FYI : Meg Caldwell from Saratoga Planning
Acting General Manager Commission called 11/18 to say that Council
included our recommended language, along with
cc: MROSD Board of Directors other recommendations from Committee for Green
Foothills. She thanked us for our support.
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
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
November 16, 1993
City Council
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Subject: Open Space Element and Sphere of Influence Expansion
Dear Council Members:
The Midpeninsula Regional Open Space District has carefully followed the development of the
Open Space Element and discussion of the expansion of Saratoga's sphere of influence. We
applaud the Council, Planning Commission, citizens and staff for the hard work they have put
into these efforts, and the overall quality of the resulting document. It will help guide this
critical "final chapter" in the establishment of the environmental setting of the city.
To clarify and strengthen the relationship between the objectives of the Open Space Element and
the sphere of influence expansion proposal, we suggest that the following statements be added
to the Open Space Element on page 13, under Preservation of Open Space, after the current item
1 and replacing the current item 2. The current item 3 would become item 4.
2. If necessary to secure the ability to comment on development projects in the
unincorporated area, pursue expansion of the Sphere of Influence, to include those areas
with a strong relationship to the City due to visibility, and/or provision of infrastructure
and services.
3. If expansion of the Sphere of Influence is pursued, apply the Residential Open Space
(ROS) zoning district as the prezoning category for all lands outside of the current urban
service limits of the City.
Thank you for our consideration of our comments. We wish you all the best in pursuing Y Y y p su g these
important objectives.
Si
I
L. Britton
Acting General Manager
cc: MROSD 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 ® '
Genera!Manager:Herbert Grench Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Han ko,Betsy Crowder,Wim de Wit
1
Open Space
------------------------
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
November 19, 1993
Honorable Ted Lempert
Supervisor, 3rd District
Hall of Justice and Records
Redwood City, CA 94063
Dear Ted:
Thank you for your participation in the District's Kids' Art of Open Space reception
last Tuesday. I believe your enthusiastic demeanor and commitment to the environment really
came through to the kids!
The event was a great success, especially in reaching a diversity of the District's
constituency. We are considering making this an annual event,'and would be honored to invite
you again next year. In the meantime, we look forward to working with,you on mutual issues
as they arise.
Again, thanks for being part of the success of the Kids' Art of Open Space.
Sincerely,
Betsy Crowder, President
Board of-Directors
BClmcs
C:WCS\1MUPES.LET
t -
330 Distel Circle Los Altos, California 94022-1404 Phone:415-691-1200 FAX: 415-691-0485
Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit
Open Space
------------------
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
December 1, 1993
Honorable Dorothea Bamford, Mayor
City of Monte Sereno
18041 Saratoga-Los Gatos Road
Monte Sereno, CA 95030
Dear Mayor Bamford:
Thank you for the opportunity to provide you with information on the activities of the
Midpeninsula Regional Open Space District. I apologize for the mix-up in scheduling, although
I'm very happy that we were able to give you a personal briefing!
Enclosed are copies of the maps you requested. Don't hesitate to contact me or Malcolm
Smith at our office if you would like additional copies, or any other information.
As you requested, I have also enclosed a copy of the resolution of support for CalPaw
'94 that our Board of Directors will be considering at its meeting of December 8. Please don't
hesitate to use the language of this resolution for a letter of support from your Council. Finally,
I've enclosed a copy of the letter we sent you soliciting your help in our efforts to clean up the
toxic contaminants at Mount Umunhum. The District is requesting that letters be sent to the
Corps of Engineers urging that the clean-up take place as soon as possible.
Again, thank you for meeting with us last week, and I hope that the information we
presented is of value to you. We'll be sure to inform you of.our plans fora VIP tour of some
District lands this spring.
Sin rely,
V
L. Craig Britton
Acting General Manager
LCB/mcs
cc: Board of Directors
Midpeninsula Regional Open Space District
Enclosures
330 Distel Circle Los Altos, California 94022-1404 Phone: 415-691-1200 FAX:415-691-0485 ® ,
t Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit
Open Space
--------------------
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
December 1, 1993
Audrey Rust, Executive Director
Peninsula Open Space Trust
3000 Sand Hill Road
Building #4, Suite #135
Menlo Park, CA 94025
Subject: Advance of Funds Toward District Pledge to the Phleger Project
Dear Audrey,
I am pleased to officially advise you that on November 17, 1993, the Board of Directors of
the Midpeninsula Regional Open Space District approved an advance payment of$3,000,000
toward the District's pledge of $6,000,000 for federal acquisition of the former Phleger
property as an addition to the Golden Gate National Recreation Area (GGNRA). This
payment will be secured (in the form of a recorded Deed of Trust) against parcel 3A of the
property, which would be the first parcel "sold" for inclusion in the GGNRA.
For your records, I have enclosed a certified copy of Resolution No. 93-42, which also
congratulates Peninsula Open Space Trust (POST), it's Board of Directors, advisory counsel
and hard working staff for this great accomplishment. Not only does this Resolution
officially express our gratitude, everyone at the District is personally elated by POST's
incredible effort and success in permanently preserving this magnificent open space property.
As we agreed, I have enclosed the original Note and Deed of Trust for execution on behalf
of the POST (please have the signature on the Deed of Trust acknowledged for recordation),
The District will wire funds on Monday, December 6, 1993 based-upon your instructions.
Please let me know if I can be of any further assistance in expediting the completion of this
project,. either now or in the future.
Sincerely,
L. Craig Britton
Acting General Manager
LCB:snd
cc: Board of Directors
Midpeninsula Regional Open Space District
330 Distel Circle • Los Altos, California 94022-1404 Phone: 415-691-1200 FAX: 415-691-0485
Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
November 23, 1993
Mr. Gibson Anderson, Chairman
Committee for Open Space Access
19571 Farwell Avenue
Saratoga, CA 95070
Dear Mr. Anderson:
Thank you for your letter of November 14 regarding Sheldon Road access to the
District's El Sereno Open Space Preserve. Since your letter involves active litigation it was
considered as a confidential correspondence. Therefore, the Board discussed this issue in closed
session at its meeting of November 17.
After lengthy deliberation with the District's legal counsel, the Board decided not to
participate in your lawsuit as 'a Friend of the Court. Under any circumstances, the Board is
reluctant to join such a lawsuit involving neighbors of a preserve unless it is an issue directly
and physically affecting District lands or boundaries, or concerns illegal structures or activities.'
While we understand and sympathize with your concerns, the Board decided that this issue is
not appropriate for legal involvement on the part of the District.
Again, thank you for informing the Board of your actions on this matter. Please feel free
to contact me or L. Craig Britton, Acting General Manager, if you have any questions or require,
further information.
Sincerely,
Betsy Crowder, President
Board of Directors
BC/mcs
330 Distel Circle Los Altos, California 94022-1404 Phone:415-691-1200 FAX:415-691-0485
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
November 23, 1993
City Council
City of Sunnyvale
456 W. Olive Dr.
-Sunnyvale, CA 94086 -
Subject: Participation in Planning for Stevens Creek Trail
Dear Council Members:
On behalf of the Midpeninsula Regional Open Space District, I would like to
encourage the council to direct City staff to cooperate in the planning of this important
regional trail. Many other agencies and organizations have followed the initiative
taken by the Santa Clara Valley Water District in 1980 to help define and implement
the vision for this foothills-to-the-bay trail. Significant progress has been made on
many segments of the trail. Sunnyvale is the only city not participating in the
planning process.
This trail will provide important benefits as a transportation system alternative, a
means of increasing awareness and protection of natural resources, access to
recreational resources and a stronger "sense of place" for local residents. I hope that
Sunnyvale residents will be able to participate in these benefits and be proud to be part
of this important regional effort.
A"B
LCB/RA/dz
cc: MROSD Board of Directors
330 Distel Circle Los Altos, California 94022-1404 Phone:415-691-1200 •- FAX:415-691-0485 `®
Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
December 1, 1993
Alan J. Rosenthal, M.D.
The Children's Health Council
700 Sand Hill Road
Palo Alto, CA 94304
Dear Dr. Rosenthal:
The Midpeninsula Regional Open Space District has a wonderful opportunity to
provide open space recreational access to people with limited mobility. We are currently
applying for a'state grant for the Windy Hill Open Space Preserve Public Access Project,
which would partially fund a fully accessible staging area at the lower portion of Windy
Hill, in the town of,Portola Valley. This area features orchards, rolling grasslands, oak
woodlands and a small reservoir with rich aquatic habitat.
Presently, there are no significant facilities for public access to this area. With
partial funding from the state, the District would develop a 50-space parking area
adjacent to Portola Road, a wheelchair-accessible trail to a wildlife viewing platform
overlooking the reservoir, and connection of the existing foot trail with other significant
regional trails. The site is also served by a San Mateo County Transit bus route with a
stop nearby. This combination of improvements will provide full access to natural
resources and trails for visitors who may not have the physical or financial resources to
make use of our more distant or rugged preserves. I
This project is a high priority for the District, and with your assistance has a
great likelihood of being partially funded through a state grant. Letters of support are
very helpful, and I hope that you will write or fax a letter to the Department of Parks
and Recreation supporting award of this grant to the District, so that agency will be
apprised of the widespread appeal of this project. Attached is a sample letter of support
that you may wish to use as a guide in preparing your letter. It would be most helpful
if your letter of support was received by the Department of Parks and Recreation as soon
as possible. We would also appreciate it if you provided our office with a copy. Please
address your letter to:
Mr. Keith Steinhart
Local Assistance Section
Department of Parks and Recreation
P.O. Box 942896
Sacramento, CA 94296-0001
Thank you for your continuing support of the District and it's regional open space
and recreation programs.
Si ,
L. Cra g Britton'
Acting General Manager
LCB/mcs
cc: Board of Directors
330 Distel Circle • Los Altos, California 94022-1404 Phone: 415-691-1200 FAX:415-691-0485
Board of Directors;Pete Siemens,Robert McKibbin, l eena t lenshaw,tinny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit
Identical letters sent co:
Center for Independence of the Disabled
The Children's Health Council
Community Resources for Independent Living
Packard Children's Hospital at Stanford
Palo Alto Unified School District, Educational Support Services
Peninsula Area Information and Referral Services
Peninsula Children's Center
Senior Dayhealth Center
San Mateo Co. Commission on Disabilities
Stanford University Disability Resource Center
Stanford University Medical Center, Dept. of Ccm=ity & Patient Relations
SAMPLE LETTER OF SUPPORT
December 1, 1993
Mr. Keith Steinh art
Local Assistance Section
Department of Parks and Recreation
P.O. Box 942896
Sacramento, CA 94296-0001
RE: Midpeninsula Regional Open Space District Windy Hill Public Access Project Grant Application
Dear Mr. Steinhart:
I would like to express my strong support of the Midpeninsula Regional Open Space District's
application for a Land and Water Conservation Fund grant for the Windy Hill Public Access Project.
This project represents a unique opportunity to provide open space recreational access to people
with limited mobility. By offering a close-in staging area, a full-access trail and a scenic, unspoiled
r' i ensuring that peo
ple with all levels of mobility can have the opportunity to
the District s destination, PPo Y
g P P
Y
experience the environment and open space. In addition, the proximity of public transportation makes
this a viable destination for the economically disadvantaged that otherwise may not have the ability to
visit the District's more remote preserves.
The District has worked with the Town of Portola Valley for several years to develop plans for
this project, and the Town has already approved a development agreement and a negative declaration.
Development plans are complete, a Conditional Use Permit has been approved and the project only
awaits funding to get underway.
I believe this project is an ideal use for Land and Water Conservation Funds as it will produce
a large gain in recreational opportunities close to a major urban area for a relatively small cost, and will
reach a segment of the District's constituency that might otherwise have limited opportunity to visit such
a site.
Sincerely,
i
1�
RAILS
_ to -
TRAILS November 22 , 1993
CONSERVANCY
Ginny Babbit
Board of Trustees
DAVID Mid Peninsula Regional Open
BURWELL space District
Presiden( 1046-L Wright Ave.
Mountain View, CA 94043
Dear Ms. Babbit:
On behalf of the Rails-to-Trails Conservancy and the
400+ conferees attending the 4th National Rails-to-Trails
Conference in Concord, California, please accept my long
overdue, but no less sincere thanks for helping to make
the conference the success that it was.
The Welcome Reception on Wednesday, October 2 , was
a great success thanks to your participation. Everybody
enjoyed it immensely and was happy to meet a
representative of your organization. I also hope that
being part of the National Conference was an equally
satisfying experience for you.
Thanks again for taking the time to participate in
the conference. It was wonderful working with you and we
look forward to working with you as we help build trails
in California.
Best regards,
4/tq�
David Burwell
1400 Sixteenth Street,NW
Suite 300
Washington,DC 20036
202-797-5400
FAX:202-797-5411
100%Recycled Paper
Gloria Brown 11/30/93
County Director- San Mateo County
UC Cooperative Extension Services
625 Miramonte Ave.,Suite 200
Half Moon Bay, Ca. 94019 DEC 0
Dear Gloria,
I was appointed, as you know, by former Mayor Paul Sivley and the San Carlos Parks
and Recreation Comission to find a replacement site for the San Carlos 4-H Farm at
the end of Oak Creek Lane. Following are the results of my inquiries.
Patrick Sanchez, San Mateo County Parks and Recreation Director, says that there is a
possibility that a portion (up to one acre) of Edgewood Park could be used for a 4-H
farm.He requests that you direct a proposal letter to the San Mateo County Parks and
Recreattion Commission (to his attention) outlining the intended use of the property and
he will make the presentation at the next meeting. The address is 590 Hamilton Street,
Redwood City, Ca. 94063.
Gary Peterson, San Mateo County Airport Manager, says that there is a possibility that
a portion of the Half Moon Bay Airport property could also be provided for a 4-H farm.
He also requests that you direct a written request to him and he will review it with county
managment. His address is Gary Peterson,Public Works Dept.,10 Twin Dolphin Drive,
Redwood City Ca.
Graig Britton, Manager of the Mid-Peninsula Open Space District, advises that the Edmonds
Road property (that we discussed) is not available. It is soon to be turned into a parking lot for
users of the trail system in that area.
I am requesting, by copy of this letter, that the City of San Carlos respond in good faith to me and
the rest of the 4-H Farm neighbors by;
1. Not signing the new contract with UC until the Edgewood Park opportunity is resolved,
and in the meantime, curtailing the use of the farm.
2. Or sign for no more than one year and limit the use to exclude cows and pigs.until the
Edgewood Park opportunity is resolved.
I am confident that we can provide a better Farm than now exixts in San carlos and am hopeful that
the County will respond favorably. As you know, 4-H already has a successful relationship with
them at the San Bruno Mountain 4-H Farm.
Sincerely,
hjY--7'
rry Coffin
6 Cypress Ct.
San Carlos, Ca 94070
415-369-0866
Distribution:
Patrick Sanchez, Parks and Recreation Director, San Mateo County
Gary Peterson, Airport Manager, SanMateo County
Robert Walery, Planning Manager, San Mateo County / QW4 A&A A)#65A (/W4 91466$eW
Michael Garvey, City Manager, San Carlos
Tom Davids, Mayor,San Carlos 40/"?F't&&-Avp"e,
Jim Skeels, Director of Parks and Recreation, San Carlos
�raiQ Britton, Manager Mid-Peninsula Open Space
Joyce James
Peggy Scholz
Earnie Kline, Farm Boss,San Carlos 4-H (71r
Betty Phillips,San Carlos 4-H Community Leader
�
TOVMof LO8GATOS
Nov,
�°m
� Office of the Mayor
Phone:(4O8)854-080l
nAuc��(4no)oo4o«31
�
November 23. 1993
Brigadier General Milton Hunter
U.S. Army Corp ofEngineers
85OSanuorneStreet
Gan Francisco, CAQ4111 �
�
Dear Brigadier General Hunter:
�
| urge you 1otake immediate action regarding the toxic clean-up of the former Almaden Air Force Station �
on Mt. Umunhum located in the hills above the Santa Clara Valley near the Town of Los Gatos, California.
The k8idpeninuu|e Regional Open Space District purchased the site in 1986. After the Air Force vaco1od,
there remained the issue of responsibility for clean-up of the tox1oo before the area could be developed for
public access and recreational use.
In December 1991. the site was determined eligible for the federal Defense Environmental Restoration
Program. Funding for the first phase clean-up benerno available in early 1992 and the Army Corp of
Engineers requested appropriate entry permits to begin the work. Shortly after the permits were granted,
the funding was withdrawn and diverted to another project, and all work ceased. Since then, there has been
no further action by the Corps towards the clean-up of this site.
| am strongly requesting that immediate action be taken on this issue. The Open Space District is making
long term plans for its entire 9.000 uorn Sierra Azu| Open Space Pnaoerve, which includes the former Air
Force Station. The hundreds of thousands of people who live in the area, as well as the millions who reside
in the south boy of the mid-peninsula rogion, deserve m resolution to this issue in a timely manner.
Thank you for your prompt attention on this matter.
Sincerely,
RundyAtt ay ^~~�
Mayor
cc:nc: General Arthur Williams, U8 Army Corp of Engineers, 20 Massachusetts Ave GVVWashington DC ,
� 20211
Congressman Norman Mineta. 2221 Rayburn House Office Building, VVaehingtonDC2U515 �
Senator Barbara Boxer, 1700 Montgomery Street #240 San Francisco, CA 94111 �
� Senator Dianne Feinstein, 17DOYWom8 Montgomery San Francisco,� . �'~ . .
=~l8idpeminsuia Regional Open Space District, 330 Distel Qro|e. Los Altos, CA94022
Planning Department
=uvo\`"tt",.\w,*pe" |
|
�
�
CIVIC CENTER ° 110 EAST MAIN STREET ° P.O. BOX 949° LOS GATOS, CALIFORNIA 95031
REPLY TO: ( 1Xas e�blo COMMITTEES:
SACRAMENTO ADDR63S:
STATE CAPITOL
ID
P,O.BOX 942549 11 aft+ }► tt CONSUMER PROTECTION,
�rN J4 R Y�i
SACRAMENTO,CA 94249.000f Xegialature GOVERNMENTAL EFFICIENCY,
(9161"5-7380
AND NEW TECHNOLOGIES
DISTRICT OFFICES:
365 VICTOR STR EET,SUITE L RUSTY AREIAS FINANCE AND INSURANCE
SAUNAS,CA 93907.2044(406)422-4344 ASSEMBLYMEMBER,TWENTY-EIGHTH DISTRICT HIGHER EDUCATION
C7 t00PASESUITE 03ANTONIO (94airtl an, Assembig? Committee vn Agrirulture
SAN JOSE,CA 95113 ..
1408I292-7591
November 24, 1993
BRIGADIER GENERAL MILTON HUNTER NOV 2
US ARMY CORPS OF ENGINEERS
650 SANSOME ST
SAN FRANCISCO CA 94111
Dear General Hunter:
I am requesting your immediate assistance in expediting the
clean-up of toxic materials at the former Almaden Air Force
Station.
The Midpeninsula Regional Open Space District has taken on the
responsibility of rehabilitating the former Air Station so as to
make it accessible to the public. However, the funds which were
made available through the federal Defense Environmental
Restoration Program in December 1991 were withdrawn for another
project. Without these funds, the rehabilitation of Almaden Air
Force Station cannot go forward. I urge you to reinstate the
funding of this project.
Let me thank you in advance for your prompt attention in
resolving this matter.
Sincer y,
RUSTY EIAS
RA:lt
cc:L. Craig Britton
Printed on Recycled Paper
CAPITOL OFFICE ADDRESS COMMITTEES:
0 STATE CAPITOL BUILDING GOVERNMENTAL ORGANIZATION
P 0 BOX 942849 REVENUE AND TAXATION,Vice-Chair
SAC,qAMENTO _-A94249-,)00I (IT WAYS AND MEANS
(916)"5-M5 ULalifiarnia Me islature T r- gi
DISTRICT OFFICE ADDRESS
0 901 CAMPISI WAY,SUITE 300 CHARLES W. QUACKENBUSH STA7,
CAMPBELL CA 95008
(408J 369-8170 ASSEMBLYMAN,TWENTY-FOURTH DISTRICT .7
Vol,
November 24, 1993
Brigadier General Milton Hunter
U.S. Army corps of Engineers
650 Sansome Street
San Francisco, CA 94111
Dear Brigadier General Hunter: V 2 9 194
I am writing to urge you to take whatever action you can to
expedite the clean-up of toxics on the former Almaden Air Force
Base.
I understand in December of 1992 the funding and permits for
this project were put together, and the first phase of clean-up
began. Shortly after, the funding was withdrawn and diverted to
another project. No futher action has been taken to clean-up
this site.
The Almaden Air Force Bace is in great need for the clean-up
process to begin. Once completed the Midpeninsula Regional open
Space District can prepare the site to be opened to the pubilc.
Thank you for your attention to this matter. Please do not
hesitate to contact my office if I can ever be of any assistance.
Sincerely,
' U JALri
Chuck Quackenbush
CQ:swg
uPtr r n a It le
'..yY➢®gym
9n
`' ,;m (att1ifarnia (legislature
q Lic�4t'
HENRY J. MELLO tjoV
November 23, 1993 FIFTEENTH SENATORIAL DISTRICT
Senate Majority Leader
Brigadier General Milton Hunter
U.S. Army Corps of Engineers
650 Sansome Street
San Francisco, CA 94111
Dear Brigadier General Hunter:
I am writing to urge you to resume the clean up of the toxic materials at the former
Almaden Air Force station on Mount Umunhum. This site borders my Senate District,
and local residents have contacted me regarding it.
The abandoned Air Force site was purchased by Midpeninsula Open Space District in 1986.
After the Air Force vacated, there remained the issue of responsibility for toxic clean-up
of the site before the area could be readied for public access and recreational enjoyment.
In December 1991, the site was determined eligible for the federal Defense Environmental
Restoration Program. Funding for the first phase of the clean-up became available in
early 1992 and the Army Corps of Engineers requested appropriate entry permits to begin
the work. Shortly after the permits were granted, the funding was withdrawn and diverted
to another project, and all work ceased. Since then, there has been no further action by
the Corps toward clean-up of this site.
Beginning this clean-up work as soon as possible is absolutely necessary if the District
is ever going to be able to open this area to public recreational use and enjoyment. The
Open Space District is making long-term plans for its entire 9,000 acre Sierra Azui Open
Space Preserve, which includes the former Air Force station, and is being hindered by the
toxics issue. The millions of residents of the south bay and midpeninsula region deserve
a resolution to this issue in a timely manner.
Thank you for your prompt attention to this matter. If I may provide any further
information, please do not hesitate to contact me.
Sincerely,
HENRY J. MELLO
Senate Majority Leader
HJM:mc
cc: General Arthur Williams
Senator Barbara Boxer
Senator Dianne Feinstein
Congressman Norman Mineta
STATE CAPITOL 1200 AGUAJITO ROAD 701 OCE I`4 STREET 240 C"URCH STREET _ 32 FIFTH S`accT
SACRAMENTO,CA 95814 ROOM 102 ROOM 318A _ SAUNAS.CA 93901 GILROY.CA 95020
f916)445-5843 MONTEREY.CA 93940 SANTA CRUZ.CA 95060-4C96 _ 1408)757-4169 t408)848-1437
(408)373-0773 !408)425-0401
w r
Californians for Parrs and Wildiffe 1994
Questions and Answers about CALPAW ,94
1. ''What is the Parks and Wildlife Initiative?
The Parks and Wildlife Initiative (known as CALPAW 94) is a general obligation bond act which will provide
nearly S2 billion to acquire,protect,and develop parkland,wildlife habitat,prune agricultural land,coastal areas,river
habitat and other resources. It will be placed on the ballot by the signatures of more than 625,000 California voters.
The initiative is necessary because the Legislature refused to approve a park and wildlife bond act for the 1992
ballot,as they promised for two years in a row.
2. Why do we need new parks and protected wiidlire areas? Whit about restoring our misting areas?
California continues to grow at a rate of more than 500,000 people a year. These new residents need housing,
roads,schools and other amenities,but this growth is putting great pressure on our remaining open space,parkland,and
wildlife habitat, We must preserve the best of these undeveloped lands for future generations,in order to preserve the
quality of life in California.
But we also need funds to restore our existing parks and wildlife areas,whiClt have been severely degraded due.to
budget cuts. CALPAW 94 provides funds for this purpose as well,because it makes good sense to restore and preserve
what we have already paid for.
3. What types of plates would be protected?
CALPAW 94 would protect wildlife areas, land that harbors rare and endangered species,urban parks,open space
that surrounds major cities, prime agricultural land,old growth forests including redwoods,rivers and streams.wetlands,
and virtually all other important types of lands treasured by Californians.
CALPAW 94 aLso provides badly needed funds to develop recreational and park facilities in neighborhoods
throughout California. 'These include ptaygmunds,ball fields,swimming pools and other facilities. Urban tree planting
funds are also included.
Special funding is provided to Improve public safety at our neighborhood parks.including programs to reduce gang
activity,drug problems,and other types of criminal behavior which make our parks unsafe for public use.
Finally,funds are included to protect cultural heritage sites important to ethnic communities such as Latinos,
African Americans,Asians,and Native Americans,as well,some of the most important historical sites throughout
California.
AL What parts of the state will benefit hr m this initiative?
Every part of California will benefit from CALPAW 94. Every city and County will receive an allocation for local
park and recreation programs,and the individual projects and programs are fairly distributed throughout the state. While
most of the funds are spent in the large urban counties,the rural areas with their important remaining wildlife and
agricultural areas also benefit.
1
i
S. Who will acquire the lands fYrr the new park aril wildlife are"?
Lands will be acquired and recreation facilities developed by state and local agencies such as the State Department
of Parks and Recreation, Wildlife Conser
vation Board,the iwstal,Tahoe,Santa Monica Mru=tarns and Coachella
Valley Mountains Conservancies,and the Departments of Forestry and Fire Protection and Water Resources. Funds are
also allocated to each local park and open space district for their awn recreation and land protection programs,
6. How rill the state pay for thew acquisitions and programs?
CALPAW 94 is a state general obligation bond act, This means that the state will sell bonds,which will be paid
oil from the state General Fund. The bonds will be sold only on the approval of the Governor and the Treasurer,and
only if their sale will not impair the financial stability of the state. CALPAW 94 does not in any way require or Impose a
tax increase.. The initiative also requires that the bonds be sold at a rate which will not impair the credit rating of the
stag
7. What will that oast me, the txgmyer't
Based on our current population ,paying off the bonds over a period of twenty years will cost each Californian
about $50 per month,paid for out of existing general funds. With population growth, the actual cost per person Will be
much less.
& 'MIJ the voters approve CALPAW 947
Only one state park bond act in the last thirty years was defeated (Proposition 149 in 1990). That was due to a
huge number of bonds and other measures being on the ballot at one time. In previous elections,nine other park and
wildlife bonds were approved.
Nevertheless,the voters continue to be cautions about approving,new bonds, and a very hard and vigorous
campaign will have to be fought to pass CALPAW 94. Current polling shows that more than 60%of the voters would
support the bond act if given enough information about it, Providing that information will be the job of the vvivntcers
supporting the bond act,as soon as they collect the signatures necessary to place it on the ballot.
9. `Who is sponsorine this initiative?
CALPAW 94 is sponsored by a very broad coalition of conservation groups,business organizations,labor unions,
groups representing ethnic diversity,law enforcement,and many other segments of California socIe:ty.
Some of the leading conservation groups working for CALPAW 94 include the Sierra Club,Planning and
Conservation League,Audubon Society,Defenders of Wildlife,the Nature Conservancy,and Friends of the River.
10. How can state and local governments afford to operate the new parks and wildlife areas?
The vast majority of State Park acquisitions will be to acquire lands threatened with development at the
boundaries of existing state parks. These acquisitions will actually make the existing parks easier and more economical to
manage and maintain. l.xocal agencies will only be given funds to acquire new lands if they certify in advance that they have
the ability and funds to manage these lands for the foreseeable furore.
1t.Can the state afford to pass this bond act?
Although California continues to suffer from the recession,the Treasurer has announced that more than two
billion dollars to general obligation bonds can be accommodated. The bond act contains language stating that the bonds
will only be sold if there is no threat to the credit rating of the state.
2
j
It Can the stare afford NOT to pass thts bond act?
1n 1928, the voters approved the bond act that launched the state park system. Those bonds,sold throughout the
Great Depression,were an investment in an integral part of one industry in California that is thriving,even in the current
recession. Tourism,California's number 1 industry,depends heavily on the diversity of California's landscape and parks.
With land prices and interest rates as low as they have been in a lifetime,we now have the opportunity to make the sane
wise investment in the future of our families and the land that supports them.
13. Why is this bond act nearly two Milton dollars?
California voters approved S1651 million in park and wildlife bond acts during the 1980's. In today's dollars,that
would be well over$2000 miltion. 71tis will almost certainly be the only park and wildlife bond act in the 1990'a,so it is
actually below the level of state spending during the previous decade.
In addition, Governor Wawn proposed a level of bond funding for parks and wildlife of about three hundred
million dollars a year in his Resourceful California speech in 1991. Agsunung that this is the only park and wildlife bond
act during the 1990's,the level per year would only be S200 million.
The Department of Finance has stated that for parrs alone,the state needs to sell S2.6 billion in general obligation
bonds over the a years.
rtcatt ten yea This bond act would meet a reasonabIc share of that need.
14. How can I help?
Volunteers are needed to collect signatures. You can snake a difference! Fill out the attached volunteer-
endorsement form and trail today to CALl'AW"94 926 J Street # 612,Sacramento trA,95814 or call 916- 44 28 4 87 x 83.
ICI
Yes! I wilt make a difference!
I want to help the cam a">n, Enclosed is._ p p �, En ns a check in the amount of $ to
CALPAW 94.
_ I endorse CALPAW '94. You may use my name as an endorser in any
publicity about the measure.
Name (print)
Address
City
Phone (day) � Z
Phone venin
Catirotnians for Par m 4 wildlife 1994 M J Street#612,Sacramento CA 95814 I.D. 930M
3
i
1 Bacltground and Concept
In 1991 California conser,_. )nists were asked by the Governor and legisiatnrs 4. .,tbdruw CAITAW'92 and help pant Governor
Wils;w'k Resourceful California Park and VMdlifc Ord Act. That measure did not get on the ballot,so in 1994 it will be six years since
the voters have approved a pars;bond act,the longest time between successful park bond acts in more than thirty years
Faced with the coutiouad rapid dcvciopmcnt of California's remaining open space,parkland,ct lastat areas and wgdhfe habitat.
California eonsemlionials have joined with civic groups,chambcrs of commerce,ethnic organisations,pecpk concerned about gangs and
urban violence,and many other groups and organizations to firm Californians nians for Parks and Wildlife.
The goal of Californians for Parks and Wildlife is to place on the June, 1994 balkx an initiative general obligation bond act of
$1.998 billion dollars. 'Ibe bond act,known as CAI-PAW'94,will purchase threatened parkland,coastal areas and wildlife habitat,restore
and developextstM and and recreational factlities in cities and rural areas throughout California de funds to help reduce mime in
g 1'� lid �P'� P
urban par)o and to bulid facilities to give options to youth at-risk of joining gangs and drug related activities',plant trees in urban areas,
protex rivers And caEtl growth forests,and protect and provide access to the eaast and beaches
By specifically allocating most of the funds in the measure to locally[famed projects and programs,GAIYAW 94 will asswe the
voters that their funds are being spent carefully and wisely. CALPAW 94 prrMd"an exact daialp0m of haw the funds will be spent.
An additional important feature is a significant reduction in government waste and overhead. By eliminating duplicative and
acedlesa governmental bureaucracy and limiting administrative costs to one percent.CAL.PAW 94 will make state government run more
efficitudy.
CALPAW 94 fairly allocates projects ftougbout C affornia. No area of the state is ignored,including inner cities and remote
rural areas. Tbc great need for money to restore and develop decayed park and recreation faalitics is recognized and met, likewise,some
of the state's most threatened lands will be acquired and preserved from development.
Funding Schedule
The California Parks and Wildlife Initiative(CAUAW 94)contains a wide variety of funding programs aimed at ft preservation and
prouwtism of California's unique natural heritage and recreational opportunities, Public safety in our parks and programs to reduce gang
activity and provide healthy alteruativrs to at-risk youth are a key feature of many projects Included In the initiative.
le"t Agency PYoerams It sa1111en
Per Capita Distribution 125
Urban Recreation Program(RZII) 75
'Nails 15
Urban Streams 29
Urban 1�bnestry 15
Historical 10
Ard am"cid 5
Community C:cmaetvation L'Orps 15
River Parkways 15
At-Risk Youth Statewide 10
Specific 1.oc11 Park,Wildlife and Coastal Projects 591
Agricultural LWO Conservation Programs 16
Torsi: 921
State AVEWT Prostratg9
State Park Acquisitions 218
State.Park Development 84
Ner,upland game birds,salmon,wgdl&access 10
Otber Wildlife C7nnservatlen Projects 3W
Coastal Projects 275
Lake Throe Water Quality Improvement 40
River and Lake wom 5
Santa Monica Mountains 85
Total: 1077
N The Value of Nature and Scenery
ti by Elizabeth Brabec and Kevin Kirby,Land Ethics
After 200 years of expansion and development, the United States now
finds itself in an unfamiliar position. Our boundless land of plenty
has indeed found its bounds - the wilderness and wide open spaces are
disappearing.
As we become aware that the wilderness surrounding communities.Measuring that
o.) is vanishing,we become more conscious of economic "wellness" has become a chal-
the pockets of wilderness and open spaces lenge for economists, for these economic
that remain.There is new concern for iden- issues span a broad range of considerations;
tifying and studying these remaining areas from the dollar assessment of appraised
and preserving them in their pristine state. wilderness areas to the economic impacts
This technical bulletin explores the litera- of tourism.
ture of parkland and scenic and resource To the casual observer, parkland, and
• N conservation areas,citing the economic im- scenic and resource conservation areas
pacts associated with large tracts of contig- have similarities in that they conserve and
uous natural areas. protect large, continuous areas of natural
W
The practice of protecting outstanding lands. However,there is a vast contrast in natural areas for the common good and local perception as to the economic and
restricting development in order to protect social value of these areas.While the valu-
the resources they contain was uncommon ation of land within our communities is
O until this century.The first national park in based on its"highest and best use,"the full
• ti the United States was Yellowstone, which value of scenic and natural areas often rests
4_" was set aside in 1872. The growth of the on noncommercial values.
national park movement continued slowly Local landowners and business interests
until World War II, when the number of may fear that protecting lands and there-
parks in the U.S. and around the world fore removing them from the tax roles will
increased sharply. have a negative effect on the local economy
O Whereas most early parks were estab- by reducing local business opportunities.
lished to protect scenic and recreational re- The expected benefits from the develop-
sources or for viewing wildlife,the idea of ment of natural areas, such as the returns
protecting entire ecosystems to preserve bi- from agriculture,industrial developments
ological diversity only developed later. or the value of timber,minerals,and other
Natural areas were thought to be vast and natural resources can usually be easily ex-
not in any danger; forests, prairies, and pressed in monetary terms. This is not al-
coastal resources were there to be used as ways the case with the benefits of natural
V needed. This perception began to change, areas.
W • N however, as the availability of undevel- Many of the benefits that result from
oped natural areas declined and with the establishing and maintaining protected
realization that undeveloped natural areas areas are not easily valued in financial
UV could yield substantial benefits. terms. As a result, these benefits are often
Natural and scenic resources such as na- overlooked when development decisions
tional parks, scenic byways, coastal areas, and decisions on how best to use a region's
U*) lakes, and bays, each contribute in their natural resources are made. The challenge
own way, to the economic well-being of is to quantify the value of certain public
w
Impacts of Natural Areas
benefits derived from these pro- The impact of travel on the econ- of the tourism benefits of parks and
tected areas. The economic benefits omy of the United States is quite scenic areas can be found in the fol-
provided by natural areas include substantial, accounting for 6 to 7 lowing studies:
the"use values"of recreation(back- percent of the Gross National Prod- . Over$1.8 billion was spent by
packing, hunting, fishing, cross- uct. Travel ranks as the third largest outdoor recreators in Minne-
country skiing,wildlife observation, retail industry in terms of sales and sota in 1985.Sixty-eight percent
mountaineering, etc.) and also so the second largest private employer of the expenditures were made
called "non-use" values: those val- (Hunt, 1984). Estimates generated on recreation trips and the re-
ues associated with the pleasure of by the U.S.Travel Data Center indi- mainder,32 percent,was spent
simply knowing such lands exist, cate a direct impact of$328 billion in on equipment.Of the total,31
providing opportunities for future business receipts generated in 1990. percent of the expenditures
generations. Within this billion dollar indus- were made by people from out
try, a poll commissioned by the of state(Van Pelt and Kelly,
Impacts of Scenic President's Commission on Ameri- 1988).
cans Outdoors (1987) found that The growth in tourism from for-
and Natural Areas natural beauty was the single most eign visitors has been dramatic.
• important criterion for tourists in se- Between 1960 and 1991,foreign
on Local EConomleS lecting outdoor recreation sites. In visitors to the United States in-
n addition, outdoor recreation and creased from 602,000 to more
Few people dispute the d natural
a natural, historical, and cultural re- than 42 million.In 1991,an esti-
ity of protecting selected natul sources are increasingly important mated$64 billion dollars was
areas.However,the costs associated attractions for travelers. Examples
with establishing and managing earned in the United States
these areas often appear formidable. from foreign visitors(U.S.
Faced with an acute shortage of Travel and Tourism Adminis-
funds, most levels of government tration,1992).
are reluctant to make the invest- In South Carolina,total gross
ments needed to provide effective output for Myrtle Beach State
protection. This may be a short Park is about$259 million
sighted view,since preserved natu- (1982),while in Tennessee,
ral areas can pay for themselves and Falls Creek State Park gener-
return increasing dollars to the local ates about$15 million(1982).
economy. These figures suggest that out-
Tourism recreation may be an at-
Z'UUr1Slri tractive economic development
Since World War II, tourism has .F � Y ..�, strategy for certain rural areas
become a significant world-wide so-
--�- t•„ that have a relative abundance
cial phenomenon. As people travel of underutilized environmental
amenities such as scenic rivers,
away from home for a variety of purposes,their need for transporta-
lakes,mountains,and beaches
tion, accommodations, recreation (Bergstrom et al.,1990).
opportunities,and a variety of other • In California nearly$4.5 billion
services and products creates busi- Natural areas draw tourists from great of personal income to employ-
ness activity and economic impact. distances to take advantages of natural ees and business owners comes
amenities. from spending for visiting
Quick facts . . .
Tourism accounts for 6 to 7 percent of the Gross National Product in the United States.
In 1991, an estimated$64 billion dollars was earned in the United States from foreign visitors.
In California nearly$4.5 billion of personal income for employees and business owners was earned in 1988
from spending for visiting parks and outdoor recreation areas.
Page 2 The Value of Nature and Scenery Scenic America Technical Bulletin Vol. 1,No.3
I
On Local Economies
tributed$111.7 million and lion for trip-related expendi-
Muir Woods contributed$180.2 tures,nearly$9.4 billion for
million in economic activity to nonconsumptive equipment,
the area(1988 dollars). and$480 million for other ex-
The total benefit-cost ratio of penditures(USFWS, 1985).
the existence of the Virgin Is- Wildlife viewing was one of the
lands National Park(VINP)on fastest growing outdoor recre-
the local economy is$11.10 re- ation activities in the 1980s.In
turned to the local economy for 1987,spending by birdwatchers
every dollar spent.This ratio contributed a total of$27 mil-
shows that the VINP plays a lion in wages and business in-
very significant role in the econ- come to California's economy
omies of St.John and St. (Loomis and Unkel,1988).
Thomas,providing an argu- . A survey of expenditures asso-
ment that preserving the park ciated with recreational use of
' guarantees aesthetic,cultural, the St.Croix River found that
and economic benefits for is- anglers spent more locally than
Wildlife associated recreation is one of land residents now and into the
this country's most popular forms of all other recreationists com-
recreation. future(Posner et al., 1981). bined(Miles,1987).
parks and outdoor recreation Wildlife - Associated River Recreation
areas.Visitors to public parks Recreation
When rivers are protected and
and outdoor recreation areas The National Survey of Fishing, managed for outdoor recreation,
support 238,500 jobs in Califor- Hunting,and Wildlife-Associated Rec- local residents may be concerned
nia(Loomis,1988). reation states that wildlife-associ- that they will lose economic growth
• In a study of visitors to three ated recreation is one of this opportunities. The following stud-
state parks in New York,it was country's most popular forms of ies show that to the contrary,when
found that$13.2 million in di- outdoor recreation. About 140 mil- visiting a river, recreationists often
rect expenditures could be at- lion Americans, 77 percent of the spend a considerable amount of
tributed to Watkins Glen Park, U.S.population 16 years of age and money in the surrounding area.The
$2 million to Saratoga Spa State older, enjoy some form of wildlife- influx of these outside dollars stim-
Park,and$3.6 million to Green related recreation (USFWS, 1985). ulates economic growth in the local
Lakes State Park(Connelly et Examples of the economic impacts area, particularly in terms of entre-
al.,1986). which result from this form of recre- preneurial business. This economic
• Golden Gate National Recre- ational activity are: growth results from the direct,indi-
ation Area is a large urban Observing,photographing,and rect, and induced effects of recrea-
park,extending along the west feeding fish and wildlife pro- tional spending.
shore of San Francisco,north vided enjoyment for 134.7 mil- • A study of three National Park
into Marin County,and south lion Americans in 1985.These Service river recreation sites-
into San Mateo County(NPS, participants spent over$14.3 the Upper Delaware Scenic and
1989). In a study of the eco- billion for their nonconsump- Recreational River,the Dela-
nomic impact of two areas of tive activities in that year,an av- ware Water Gap National Rec-
the park on the region,it was erage of$221 per spender.The reation Area,and the New
found that Alcatraz Island con- total spending included$4.4 bil- River Gorge National River in
In 1987, spending by birdwatchers contributed a total of$27 million in wages and business income to
California's economy.
Observing,photographing, and feeding fish and wildlife provided enjoyment for 134.7 million Americans in
1985. These participants spent over$14.3 billion on these activities.
In 1988,Alcatraz Island contributed$111.7 million and Muir Woods contributed$180.2 million in economic
activity to the San Francisco area.
Scenic America Technical Bulletin Vol. 1,No.3 The Value of Nature and Scenery Page 3
The Impact of Trails
West Virginia-indicated that were asked what activities • On North Carolina's Nantahala
visitor spending stimulated a were extremely important to River,raft trip participants gen-
considerable amount of eco- them while visiting the river, erated$1.8 million in expendi-
nomic activity and growth in they rated viewing scenic tures in 1981. This produced
local economies.Economic ef- beauty as second only to canoe- an effect of$1,100,204 in busi-
fects included increases in total ing. In assessing a dollar figure ness payrolls,representing
gross output ranging from$2.6 to the scenic beauty,on the av- over 3 percent of the total em-
to$13.4 million,increases in erage,people expressed a will- ployment for Swain County
total income ranging from$1.2 ingness to pay about$25 per (Walsh et al., 1988).
to$5.6 million,and increases in year to maintain scenic beauty
employment ranging from 60 along the river. Combined Trail-Use Recreation
to 292 jobs(Cordell et al. 1990). with estimates of how many
• In a study of the St.Croix Wa- people use the river,this trans- From local greenway trails to the
terway between Maine and lates into about$311,000 per interstate trail systems of the AT
New Brunswick,it was found year. (Appalachian Trail) and the Sierra
Crest Trail of the west coast's Sierra
that$776,000(1986 dollars) A 1984 study of the Gauley Nevada mountain range, many
were added to the local econ- River in Virginia,found that a Americans consider walking, hik-
omy. Although this amount total of$10.11 million in eco- ing, and backpacking to be among
represented only 1.8 percent of nomic activity was created by the greatest amenities a natural area
consumer retail sales in the river recreation with a total of can offer. Studies indicate that the
area,the study found that there $4.02 million in income to the enjoyment and use of these trails
was significant opportunity for Gauley region(Logar et al., also translates into significant eco-
local business development 1984). nomic stimulation for local econo-
and expansion of this figure. mies.
An important caveat to poten-
tial new development was • In 1973,a study of the Elroy-
found in the survey of users Sparta bicycle trail in Wiscon-
(Miles, 1987). Users indicated sin found that 72 businesses in
"a desire for little or no develop- 5 communities realized gross
ment"and "a wish to have the added sales of$295,100 as a re
area left as it is. They come to sult of trail use (Blank, 1987).
the area because it is accessible, In 1988,trail-user expenditures
for the Elroy-Sparta Trail in
yet somewhat remote and un-
developed." Wisconsin were over$1.2 mil-
lion.Data in this study was col-
• Recreation is one of lected through on
inter-
Wisconsin's most important in- h' views with 1,125 trail users dur-
dustries. An estimate of total
r��3 ing the months of July and Au-
purchases by recreationists on gust(Schwecke et al.,1989).
the Lower Wisconsin River in
local economies was$401,000. • A 1989 survey by the U.S. For-
This generated an estimated est Service of 19 Illinois bicycle
ofh d f that an average
trails found e
$860,000 in sales by local busi- g �
nesses due to the business activ- $2.89 was spent per person per
ities multiplier effect(Boyle,et River recreation opportunities can add trip(Gobster,1990).
al.,1984).When river users significantly to a region's economy.
i
Quick facts . . .
In 1988, trail-user expenditures for the Elroy-Sparta Trail in Wisconsin were over$1.2 million.
Recreation on the Lower Wisconsin River.generated an estimated$860,000 in sales by local businesses.
On the average, people expressed a willingness to pay about$25 per year to maintain the scenic beauty of
the Lower.Wisconsin River. This translates to about$311,000 per year.
�.
Page 4 The Value of Nature and Scenery Scenic America Technical Bulletin Vol. 1,No. 3
and Scenic Byways
• In Montana,the Upper Mis- fines scenic byways according to the President's Commission:
PPg
souri Wild and Scenic River following list of characteristics (Or- Americans Outdoors,1987).
and the Lewis and Clark Na- egon Department of Transporta-
o
tional Historic Trail generated tion,1991): In assessing the economic im-
pact of an expanded scenic
$750,000 for the local economy streams,lakes and wetlands byway system in Oregon,a
(NPS, 1990). ° striking stands of timber study done by the Oregon De-
• A study of three recreational ° partment of Transportation
exceptional pastoral views
trails found positive economic ° (1991)found that increasing
benefits for the local communi- unusual geologic formations visitorship to the state could re-
ties:the Heritage Trail,a 26- outstanding coastal, mountain, sult in a total of between$499
mile trail in eastern Iowa;the foothill,and desert scenes and$581 million in visitor ex-
St.Mark's Trail,16 miles from dramatic urban scenes penditures(1988 dollars).
Tallahassee to the Gulf of Mex- • In an analysis of the effect of
ico;and the Lafayette/Moraga ° prairie, cactus, and wildflower the Blue Ridge Parkway(South-
Trail,7.6 miles east of Oakland, areas
California.Through user sur- eastern Research Institute,
g cultural and historic land-
veys the estimated total eco- marks
nomic activity resulting from
trail use was found to be diversity of recreational
$1,243,350 for the Heritage experiences.
Trail;$1,873,400 for the St. Scenic roads, with their
Mark's Trail;and$1,588,000 for combination of scenic, cul-
the Lafayette/Moraga Trail.In tural, historic, and recrea-
addition to these figures,trail tional elements, educate and
users spent an additional$130 entertain the traveler-a sharp
to$250 each on durable goods contrast to the monotony of
such as the equipment,cloth- many highways. Thus,scenic
ing,and accessories which they byways keep travelers in the
used on the trail.These expen- state longer, increasing eco-
ditures resulted in"new nomic benefits to communi-
money"coming into the local ties and states (Report of the
trail counties annually by out- President's Commission:
side trail visitors of$630,000 for Americans Outdoors, 1987).
the Heritage;$400,000 for the Therefore, there is an en-
St.Mark's,and$294,000 for the hancement of local economic
Lafayette/Moraga Trails opportunity.
(Moore et al., 1992). • 43 percent of American
adults drive for pleasure
Scenic Byways according to the 1986
Scenic Byways are roads which Market Opinion Research
have a variety of visual and experi- Survey.Driving for plea-
ential qualities which set them apart sure is second only to
from the "normal" roads that we Walking as a form of rec-
drive every day. The Federal High- reation activity by Ameri-
way Administration (FHWA) de- can adults(Report of the Recreational trails provide a variety of benefits
for the local community.
43 percent of American adults drive for pleasure, which is second only to walking as a form of recreation
activity by American adults.
A study done by the Oregon Department of Transportation found that increasing visitorship to the state could
result in$499 to$581 million in visitor expenditures.
In Montana, the Upper Missouri Wild and Scenic River and the Lewis and Clark National Historic Trail
generated$750,000 for the local economy in 1990.
Scenic America Technical Bulletin Vol. 1,No. 3 The Value of Nature and Scenery Page 5
The Impact of Scenic
Travel Data Center, 10 million riders in 1983 to 23
designation of the 35- million in 1989(Oregon Depart-
mile Kancamagus ment of Transportation,1991).
Highway might be ex-
pected to generate Economic Impacts
$1.2 million in direct
traveler-related spending(New of Scenic Views
Hampshire Depart- and Natural Areas
ment of Transporta-
tion,1990). on Property Values
• In a national study of One of the most difficult argu-
scenic byways which ments that environmentalists and
analyzed 1,600 scenic preservationists have to make is one
byway miles,it was of concern for scenic beauty. The
estimated that travel- argument often comes up that sce-
ers spent almost$48
- P me preservation will decrease prop-
million while travel- erty value. However,it is clear from
ling on these byways a variety of studies that economics
in 1988(U.S.Travel favors a scenic environment.
- — Data Center,1990).
These expenditures The Impacts of Scenic
generated 920 jobs Views on Land Value
Scenic byways educate and entertain the traveler. and nearly$9 million
in payroll income. In Scenic views, protected by zon-
1990)a survey of parkway addition,over$2 mil- ing ordinances and easements,often
users showed that in 1987,park- lion were generated in state come under fire from business and
way visitors spent about$1.3 government tax receipts and al- development interests. But scenic
billion in the counties contigu- most$500,000 in local govern- vistas are not things of little eco-
ous to the parkway. These ex- ment receipts.On average,it is nomic value. Home, hotel, and of-
penditures generated approxi- estimated that during 1988, fice sites with an attractive view
mately$98 million in tax reve- travel-generated spending on command a very high premium.
nues during the same year. the scenic byways studied was The availability of that view dra-
These expenditures by visitors between$30,000 and$35,000 matically changes the value of the
supported more than 26,500 per mile.Applying these fig- land and rental prices(Power,1988).
jobs in the region. ures to all scenic byways in the This can be seen from a review of
• An analysis of the potential des- U.S.,the estimated tourist lake shore properties which are
ignation of two scenic routes in spending associated with sce- often so valuable they are sold by
New Hampshire indicated that nib byways was approximately the foot rather than by the acre.
designation of the routes could $1 billion. That high value carries over into the
substantially increase tourism • Bicyclists are one of the prime surrounding neighborhood. The
expenditures in the region. users of scenic byways.Bicy- closer a house is to the shoreline,the
Using a figure of$33,000 per cling is one of the nation's fast- higher its value compared to a sim-
mile from estimates of direct est growing recreational activi- ilar house located a short distance
tourist spending by the U.S. ties,doubling in ridership from away(Power,1988).For specific ex-
Quick Facts .
A survey of the Blue Ridge Parkway users showed that in 1987,parkway visitors spent about$1.3 billion in
the counties contiguous to the parkway.
Using a figure of$33,000 per mile from estimates of direct tourist spending by the U.S. Travel Data Center,
designation of the 35-mile Kancamagus Highway might be expected to generate $1.2 million in direct
traveler-related spending.
Page 6 The Value of Nature and Scenen, Scenic America Technical Bulletin Vol. 1,No. 3
Views on Property Values
amples of valuation of lakefront praisers and real estate agents,
property, see technical bulletin No. trails are a selling point for sub-
2"On the Value of Open Spaces." urban residential property. In
addition,57 percent of the Root
Property Adjacent to River respondents felt that the
Dedicated Greenways trail benefits the local economy.
• A study of property values
• A 1987 study by the Office of near greenbelts in Boulder,Col-
Planning in Seattle,Washing- orado,noted that housing
ton,revealed that properties prices declined an average of
near,but not immediately adja- $4.20 for each foot of distance
cent to,the 12-mile Burke-Gil-
from a greenbelt up to 3,200 --=
man trail sell for an average of feet.The same study deter-
6 percent more than compara- mined that,other variables
ble properties away from the being equal,the average value ~
trail.Property immediately ad- of property adjacent to the
jacent to the trail is easy to sell. greenbelt would be 32 percent
The report concludes that"con- higher than those 3,200 feet
cerns about decreased property away(Correll,Lillydahl,and
values,increased crime,and a Singel1,1978).
lower quality of life due to the
construction of multi-use trails • In a study of six State Parks in
are unfounded. In fact,the op- New York,proximity of prop- Scenic views can greatly increase
P erty to state arks was associ- Property values.
posite is true.The study indi- Y P
cated that trails are an amenity ated with a higher selling price
that help sell homes,increase for residential properties in two
property values,and improve of six communities studied.A Proximity to recreational trails
the quality of life." relationship between the open did not adversely affect the de-
space,scenic,and recreational sirability or value of adjacent
• Land values along the Root benefits,and an increase in resi- properties along the following
River and Luce Line Trails in dential property values was trails: the Heritage Trail,a 26
Minnesota unaffected
orr, prow found.In addition,the towns of mile trail in eastern Iowa;the
were unaffected or improved Alexandria Bay and Orleans 16-mile St.Mark's Trail,from
by the proximity of an active- benefitted at a rate of$822,129 Tallahassee to the Gulf of Mex-
use rail-trail corridor.87 per- in increased property taxes ico;and the 7.6-mile Lafa-
cent of the landowners sur- (Connelly et al.,1986). yette/Moraga Trail,east of
veyed felt that the trails contrib-
uted to an increase in or had no • Even after the tax loss for land
effect on the value of their prop- within the Blue Ridge Parkway Using a survey of landowners
erty.56 percent of farmland res- is taken into account,the exis- and real estate agents,research-
idents felt that the trails had no tence of the parkway has a posi-
effect on their property value, ers found a positive effect on
tive net effect on the property property values as a result of
roximi Of those who
while 65 percent of the subur- values and the tax revenues of trail p tY
ban residential owners felt that the adjacent counties(South- purchased property after the
eastern Research Institute, trails had been constructed,the
the trails increased their prop- 1990). majority reported that the trails
erty values.According to ap- added to the property's appeal.
A study of scenic byways which analyzed 1,600 scenic byway miles estimated that travelers spent almost$48
million on those byways in 1988. For all scenic byways a national figure of$1 billion was estimated.
Other variables being equal, the average value of property adjacent to the Boulder, Colorado greenbelt would
be 32 percent higher than those 3,200 feet away.
In a study of two Minnesota rail-trails, 87 percent of owners felt that the trails either increased the values of
their properties or had not affected them at all.
Scenic America Technical Bulletin Vol. 1,No. 3 The Value of Nature and Scenery Page 7
I _
$5.00
For Further Information . . .
Bergstrom,J.;Cordell,K.;Watson,A.; Loomis,J.,Unkel,C.,Economic Contribu-
and Ashley,G.,Economic Impacts of State tion of Wildlife Viewers,Outdoor Califor- This bulletin is abstracted from a
Parks on State Economies in the South, nia,pg.84,(1988). book on the economics of preserv-
Southern Journal of Agricultural Eco- Mazour,Leonard P.,Converted Rail- ing community character to be
nomics;pg.69,Dec.(1990). road Trails:The Impact on Adjacent published in 1993. For more infor-
Boyle,K.,and Bishop,R.,Economic Bene- Property,Master's Thesis,Dept.Land- mation please contact:
fits Associated with Boating and Canoeing scape Architecture,Kansas State Univer- Scenic America
on the Lower Wisconsin River,Economic sity(1988).
Issues Universityof Wisconsin,No.84 21 Dupont Circle,NW
Miles,L.B.,The Economic Impact of Re-
(1984). creational Use of the St.Croix Water- Washington,DC 20036
Chenoweth,Richard,and Niemann,Ber- way,Thesis;University of Maine(1987). (202)833-4300
nard,The Alpine Lakes Case,Landscape Moore,Roger L.;Graefe,Alan;Gitelson, This project has been made possi-
Architecture,Sept./Oct.(1985). Richard;and Porter,Elizabeth, Benefits ble in part by grants from the J.M.
Connelly,N.;Brown,T.;and Allee,D., of Rail-Trails:A Study of the Users and Kaplan Fund, the National Trust
Assessing the Economic Impact of Nearby Property Owners From Three for Historic Preservation and the
State Parks Located Near Urban Areas Trails,Washington,D.C.:National Park Andy Warhol Foundation.
in New York and the Effects of these Service(1992).
Parks on the Budget Allocation Pro- National Park Service,Economic Im- Researched and prepared by: .
cess,Ithaca,New York;Human Dimen- pact Profile:Golden Gate National Re- Elizabeth Brabec and Kevin Kirby,
sions Research Unit,Cornell University, creational Area,Western Regional Of- Land Ethics.Photo p.6 Scenic Amer-
Dec,(1986). fice(1989). g ica. All other photos Land Ethics
Cordell,K.;Bergstrom,J.;Ashley,G.; National Park Service,Economic Im-
and Karish,J.,Economic Effects of River pacts of Protecting Rivers,Trails,and Pro a Values and Crime,Seattle,
Recreation on Local Economies,Water Re- Greenway Corridors,Rivers and Trails p
ton(1987).
sources Bulletin,26[lj:53,Feb.(1990). Conservation Assistance,National Park Washington
Correll,Mark R.;Lillydahl,Jane H.;and Service(1990). Southeastern Research Institute,Inc.,A
Sin ell,La D.,The Effects o Greenbelts Case Study of the Economic Impact of
g �T3' f New Hampshire Department of Trans- the Blue Ridge Parkway,The Federal
on Residential Property Values:Some Find- ortation,New Hampshire's Scenic B g y
in s on the Political Economy Open p p y- Highway Administration(1990).
g y o f p ways:Economic Impacts,The Federal
Space,Land Economics,54:2(1978). Highway Administration(1990). U.S.F.W.S.,1985 National Survey of
Lobster,Paul,Illinois Statewide Trail Fishing,Hunting,and Wildlife Associ-
User Survey,USDA Forest Service Oregon Department of Transportation, ated Recreation(1985).
(1990). Scenic Byways Development the Or-
egon Coast:Economic Benefitss and U.S.Travel Data Center,The Economic
Hunt,John D.,Tourist Expenditures in the User Preferences,The Federal Highway Impact of Travel on Scenic Byways,
United States,President's Commission Administration(1990). The Federal Highway Administration
on Americans Outdoors:A Literature Posner,Dr.Ben,et al.,Economic Impact (1990).
Review(1986). Analysis for the Virgin Islands Na- Van Peld,L.,and Kelly,T.,Significance
Logar,C.,and Goeke,P.,Economic Im- tional Park,St.Thomas,U.S.Virgin Is- of Water Related Outdoor Recreation
pacts of Whitewater Boating on the lands:Island Resources Foundation,Oc- to the State and Regional Economies in
Gauley River,Morgantown,West Vir- tober(1981). Minnesota,Minnesota Department of
inia:West Virginia University(1984). Natural Resources,Office of Planning
g g y Power,Thomas,The Economic Pursuit (1988).
Little,Charles,Greenways for America, of Quality,Armonk,New York:M.E. Walsh,Richard G.,Johnson,Donn,and
Baltimore,Maryland;The John Hopkins Sharpe,Inc.(1988).
UniversityPress(1990). McKean,John,Review of Outdoor Rec-
Report of the President's Commission, reation Economic Demand Studies
Loomis,Dr.John B.,Economic Activity Americans Outdoors-The Legacy,The with Nonmarket Benefit Estimates,
and Value Associated with Public Challenge. Washington,D.C.:Island Fort Collins,Colorado:Department of
Parks and Outdoor Recreation Areas in Press(1987). Agricultural and Resource Economics,
California,Division of Environmental Seattle Office of Planning,Evaluation of Colorado State University(1988).
Studies;University of California,Davis the Burke-Gilman Trail's Effect on
(1988).
Page 8 The Value of Nature and Scenery Scenic America Technical Bulletin Vol. 1,No. 3
Claims No. 93-20
Meeting 99-24
Date: Dec. 8, 1993
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Amount Name Description
215.42 Allen Equipment Company Vehicle Equipment
283.49 Alpine Awards Printing on Volunteer Vests
272.79 American Printing and Copy Invitations--Kids' Event
198.00 American Red Cross Mannikin Rental
42.00 American Society of Landscape Subscription
Architects
36.33 Artech Laminating Drafting Supplies
207.04 AT&T Telephone Maintenance
35.00 * AYH Sanborn Park Hostel Facility Rental--Operations' Retreat
36.83 Barron Park Supply Company Field Supplies
200.00 Bettencourt American Landscape Landscape Maintenance
339.73 Diane Blackman Reimbursement--Computer Software
180.00 Brian Kangas Foulk Feasibility Study
1,151.05 Lee Buffington, Tax Collector Property Taxes
San Mateo County
1,909.15 Cabala's Incorporated Uniform Expense
22.00 California Association of Hospitals Subscription
and Health Systems
1,555.00 Cannis Consulting Engineering and Surveying Services
3,470.36 Cascade Fire Equipment Company Field Equipment
135.77 R.V.Cloud Company Field Supplies
296.20 Annette Coleman Reimbursement--Field Supplies
131.74 Communication&Control, Inc. Utilities
45.00 ** Community Volunteer Awards Committee Local Meeting Expense
2,500.00 Dana Property Anaylsis Appraisal
126.44 Deluxe Business Forms&Supplies Office Supplies
2,400.00 *** Divine Catering Catering for Staff Appreciation Event
3,425.00 Earth Systems Consultants Consulting Services
I
10.82 Film to Frame Signs
100,000.00 First American Title Insurance Land Purchase--Hosking
Company
955.86 David B. Fisher Legal Services
82,105.68 Geotechnical Management, Inc. Weeks Road Construction
60.71 Mary Gundert Private Vehicle Expense
1,140.42 Sharon Hail Photography Photography Services
535.83 Virg Harkins Signs Signs
211.75 Honeywell Incorporated Burglar Alarm Maintenance
3,000.00 Hughes, Helss&Associate Professional Services--General
Manager Search
76.84 Independent Business Products Office Supplies
649.50 Jarrett&Associates Buttons--Kids'Art of Open Space
140.17 Keeble&Shuchat Photography Photographs and Supplies
151.71 Lab Safety Safety Supplies
30.00 The Last Detail Proofreading--Poster
55.00 Judy Law Reimbursement--Training Registration
20.00 Leadership Subscription
* Urgent check issued on November 24, 1993.
**Urgent check Issued on November 23. 1993.
***Urgent check issued on December 1, 1M.
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
FROM: C. Britton Actin General Manager
g g
DATE: December 8, 1993
SUBJECT: FYI
I
I
I
i
Open Space
--------------------
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
December 8, 1993
Mr. Harry Peacock
Manager; City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Dear Mr. `Peacock:
Thank you for visiting our office last week to discuss issues of mutual interest. We
appreciate the opportunity to let you know what the District is doing, and also to hear what
issues Saratoga is dealing with that may be of importance to the District.
Following our meeting, I met with Audrey Rust of Peninsula Open Space Trust (POST)
to discuss that organization's possible participation in any opportunities that may arise regarding
the former Paul Masson property. She intends to give the matter some thought, after which she
and I will meet again. I'll be sure to let you know of any developments.
Again, thank you for your time. I'll be sure to inform you of site tours that we plan to
conduct next spring for elected officials and key managers. In the meantime, please feel free to
contact me should you have any questions about District activities.
Si ly,
L. raig Britton
Acting General Manager
LCB/mcs
cc: Board of Directors, MROSD
330 Di telrcCofD ectorsLos Altos, fZe California 9402 2 1404 Phone: 415-691-1200 FAX: 415-691-0485
•
Boa
nsbaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit
Claims No.93-20
Meeting 93-24
Date: Dec. 8, 1993
I
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Amount Name Description
529.81 Los Altos Garbage Company Dumpster Rental
200.00 Kevin MacKay Resource Management Internship
600.00 Magana's Building Maintenance Janitorial Services
128.75 Brian Malone Reimbursement--Uniform Expense and
Private Vehicle Expense
87.68 Marie McGough Reimbursement--Office Equipment
695.74 Miracle Auto Painting Vehicle Repairs
30.00 Monogram Sanitation Sanitation Supplies
25.00 Motorola Antenna Site Rental
2,482.75 City of Mountain View Dispatch Services
194.70 Mountain View Garden Center Field Supplies
30.00 Mycological Society of San Francisco Donation in lieu of Docent Honorarium
1,073.40 * National Mailing Services, Inc. Postage for Newsletter
57.42 Michael Newburn Reimbursement--Ranger Residence Repairs
50.00 ** Nucleus Fast Fashion Trail Patrol&Docent Uniforms
15.78 The Office Depot Office Supplies
265.95 Pacific Beg Telephone Service
428.38 Peninsula Blueprint, Inc. Blueprints and Photocopying
1,122.68 Pine Cone Lumber Redwood Split Rails
252.47 Pitney Bowes, Inc. Postage Meter Rental
1,000.00 Postage by Phone Postage
55.21 Patty Dubin Reimbursement--Newsletter Printing
113.49 REI Safety Committee Recognition Gifts
1,320.00 R&M Paving Patch Driveway
72.50 Tom Randall Reimbursement--Railroad Ties
53.62 Reed&Graham, Inc. Asphalt
1,650.00 R.G.Construction Asbestos Removal
4.161.25 Roy's Repair Service Vehicle Maintenance and Repairs
270.40 S&W Equipment Company Equipment Rental
45.46 Safety-K1een Corporation Solvent Tank Service
64.00 David Sanguietti Reimbursement--Field Supplies
860.00 *** Santa Clara LAFCO Annexation
1,751.48 Scribner Graphic Press Printing--Newsletter
180.97 Shell Oil Company Fuel
37.76 Smith Equipment Equipment Repair
1,829.17 Jana Sokale Consulting Services--Grant Cabin
956.36 Something Special Catering--Kids'Art Event
200.00 Sunnyvale Medical Clinic Audio rams
W g
107.17 TBS Printware Corporation Equipment Supplies
2,500.00 **** Teater&Etc Consulting Services--Visitor's Guide
162.38 Teater&Etc Factsheet Map Update
25,722.34 Tomlinson,Zisko, Morosoli&Maser Legal Services
10.62 Unocal Fuel
601.00 Anne Unterberger Professional Services--Shorthand Reporter
1,493.06 Valley Oil Company Fuel
* Urgent check issued on December 2, 1993.
** Urgent check issued on November 23, 1993.
***Urgent check issued on November 18, 1993.
****Urgent check issued on November 22, 1993.
Claims No. 93-20
Meeting 93-24
Date: Dec. 8, 1993
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Name Description
5180 810.00 Valley Title Company Preliminary Reports
5181 65.70 Value Business Products Office Supplies
5182 325.00 Ken Verducci Staff Recognition Activities by Board
5183 78.91 WMI Services-Port-o-Let Sanitation Services
5184 9.80 Woodside Union 76 Vehicie Repair
5185 188.61 The Workingman's Emporium Uniform Expense
5188 113.50 Joan Young Reimbursement--Volunteer and Docent
Christmas Cards
*Urgent check issued on November 22, 1993.
j
Claims No. 93-20
Meeting 93-24
Date: Dec. 8, 1993
REVISED
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
------------------------------------------------------------------------------------------------
5095 215.42 Allen Equipment Company Vehicle Equipment
5096 283.49 Alpine Awards Printing on Volunteer Vests
5097 272.79 American Printing and Copy Invitations--Kids' Event
5098 198.00 American Red Cross Mannikin Rental
5099 42.00 American Society of Landscape Subscription
Architects
5100 36.33 Artech Laminating Drafting Supplies
5101 207.04 AT&T Telephone Maintenance
5102 35.00 * AYH Sanborn Park Hostel Facility Rental--Operations' Retreat
5103 36.83 Barron Park Supply Company Field Supplies
5104 200.00 Bettencourt American Landscape Landscape Maintenance
5105 339.73 Diane Blackman Reimbursement--Computer Software
5106 180.00 Brian Kangas Foulk Feasibility Study
5107 1,161.G&- Lee Buffington, Tax Collector Property Taxes
1,268.84 San Mateo County
5108 1,909.15 Cabela's Incorporated Uniform Expense
5109 22.00 California Association of Hospitals Subscription
and Health Systems
5110 1,555.00 Cannis Consulting Engineering and Surveying Services
5111 3,470.36 Cascade Fire Equipment Company Field Equipment
5112 135.77 R. V. Cloud Company Field Supplies
5113 296.20 Annette Coleman Reimbursement--Field Supplies
5114 131.74 Camiunication & Control, Inc. Utilities
45.00 5115 ** Carmunit Volunteer Awards CcmmitteeLocal Meeting Expense
1 y
5116 2,500.00 Dana Property Anaylsis Appraisal
5117 126.44 Deluxe Business Forms & Supplies Office Supplies
5118 2,400.00 *** Divine Catering Catering for Staff Appreciation Event
5119 3,425.00 Earth Systems Consultants Consulting Services
5120 10.82 Film to Frame Signs
5121 100,000.00 First American Title Insurance Land Purchase--Hosking
Company
5122 955.86 David B. Fisher Legal Services
5123 82,105.68 Geotechnical Management, Inc. Weeks Road Construction
5124 60.71 Mary Gundert Private Vehicle Expense
5125 1,140.42 Sharon Hall Photography Photography Services
5126 535.83 Virg Harkins Signs Signs
5127 211.75 Honeywell Incorporated Burglar Alarm Maintenance
5128 3,000.00 Hughes, Heiss & Associate Professional Services--General
Manager Search
5129 76.84 Independent Business Products Office Supplies
5130 649.50 Jarrett & Associates Buttons--Kids' Art of Open Space
5131 140.17 Keeble & Shuchat Photography Photographs and Supplies
5132 151.71 Lab Safety Safety Supplies
5133 30.00 The Last Detail Proofreading--Poster
5134 55.00 Judy Law Reimbursement--Training Registration
5135 20.00 Leadership Subscription
* Urgent check issued on November 24, 1993.
** Urgent check issued on November 23, 1993.
***Urgent check issued on December 1, 1993.
Clai to. 93-20 op
Meetiiig 93-24
Date: Dec. 8, 1993
REVISED
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
------------------------------------------------------------------------------------------------
5136 529.81 Los Altos Garbage Company Dumpster Rental
5137 200.00 Kevin MacKay Resource Management Internship
5138 600.00 Magana's Building Maintenance Janitorial Services
5139 128.75 Brian Malone Reimbursement--Uniform Expense and
P i
Private Vehicle Expense
5140 87.68 Marie McGough Reimbursement--Office Equipment
5141 695.74 Miracle Auto Painting Repairs
e R airs
5142 30.00 Monogram Sanitation Sanitation Supplies
5143 25.00
Motorola
r la Antenna Site Rental
5144 2,482.75 City of Mountain View Dispatch Services
5145 225.56 Mountain View Garden Center Field Supplies
5146 30.00 Mycological Society of San FranciscoDonation in lieu of Docent Honorarium
5147 1,073.40 * National Mailing Services, Inc. Postage for Newsletter
5148 57.42 Michael Newburn Reimbursement--Ranger Residence
Repairs
5149 50.00 ** Nucleus Fast Fashion Trail Patrol & Docent Uniforms
5150 15.78 The Office Depot Office Supplies
5151 265.95 Pacific Bell Telephone Service
5152 428.38 Peninsula Blueprint, Inc. Blueprints and Photocopying
5153 1,122.68 Pine Cone Lumber Redwood Split Rails
5154 252.47 Pitney Bowes, Inc. Postage Meter Rental
5155 11000.00 Postage by Phone Postage
5156 55.21 Patty Quillin Reimbursement--Newsletter Printing
5157 113.49 REI Safety Committee Recognition Gifts
5158 1,320.00 R & M Paving Patch Driveway
5159 72.50 Tom Randall Reimbursement--Railroad Ties
5160 53.62 Reed & Graham, Inc. Asphalt
5161 1,650.00 R.G.Construction Asbestos Removal
5162 4,160.71 Roy's Repair Service Vehicle Maintenance and Repairs
5163 270.40 S & W Equipment Company Equipment Rental « '
5164 45.46 Safety-Kleen Corporation Solvent Tank Service
5165 64.00 David Sanguietti Reimbursement--Field Supplies
5166 ***860.00 Santa Clara LAFCO Annexation
5167 1,751.48 Scribner Graphic Press Printing--Newsletter
5168 180.97 Shell Oil Company Fuel
5169 37.76 Smith Equipment Equipment Repair
5170 Services--Grant-
Jana Sokal e Consulting Services Grant Cabin
5171 956.36 Something Special Catering--Kids' Art Event
5172 200.00 Sunnyvale Medical Clinic Audi.ograrm
i5173 107.17 TBS Printware Corporation Frn�iPt Supplies
5174 2,500.00 ****Teater & Etc Consulting Services--Visitor's Guide
5175 162.38 Teater & Etc Factsheet Map Update
5176 25,722.34 Tomlinson, Zisko, Morosoli & Maser Legal Services
5177 10.62 Unocal Fuel
5178 601.00 Anne Unterberger Professional Services--Shorthand
Reporter
* Urgent check issued on December 2, 1993.
** Urgent check issued on November 23, 1993.
*** Urgent check issued on November 18, 1993.
****Urgent check issued on November 22, 1993.
t
Claims No. 93-20
Meeting 93-24
Date: Dec. 8, 1993
REVISED
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Name Description
--------------------------------------------------------------------------------------------
5179 1,493.06 Valley Oil Company Fuel
5180 810.00 Valley Title Company Preliminary Reports
5181 65.70 Value Business Products Office Supplies
5182 325.00 * Ken Verducci Staff Recognition Activities by Board
5183 76.91 WMI Services-Port-o-Let Sanitation Services
5184 9.60 Woodside Union 76 Vehicle Repair
5185 188.61 The Workingman's Emporium Uniform Expense
5186 113.50 Joan Young Reimbursement--Volunteer and Docent
Christmas Cards
5187 1,357.00 Sheryl Marioni Cochran Reimbursement--Plan Check Fees
5188 4,812.24 Merwin (Bucky) Mace Consulting Services
5189 464.96 Petty Cash Uniform Expense, Local and Out-of-
Town Meeting Expense, Field and
Office Supplies, District and
Private Vehicle Expense, Film
and Developing, and Seminar
Registration
*Urgent check issued on November 22, 1993.
i
i