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HomeMy Public PortalAbout19980923 - Agendas Packet - Board of Directors (BOD) - 98-20 t0nal Open-jhce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-20 REGULAR AND SPECIAL MEETINGS BOARD OF DIRECTORS AGENDA* 6:30 P.M. 330 Distel Circle Wednesday Los Altos, California September 23, 1998 ***PLEASE NOTE*** 6:30 P.M. Closed Session Start 7bne 7:30 P.M. Public Meeting Start 71me (6:30) ROLL CALL I SPECIAL MEETING OF THE BOARD OF DIRECTORS CLOSED SESSION The Closed Session will begin at 6:30 P.M. At 7:30 P.M., the Board will adjourn the Special Meeting Closed Session to the conclusion of the Public Meeting, and at the conclusion of the Public Meeting, the Board may reconvene the Special Meeting Closed Session. 1. Conference With Real PEg=M Negotiato - Govemment Code Section 54956.8 Real PE=IU: Santa Clara County Assessor's Parcel Numbers: 544-28-004; 544-29- 006; 544-30-002& -003; 544-31-002, -003, &-004; 544-33-001, -002, & -003; 544-33-014; 544-50-001; 544-50-004; 544-56-004; 558-41-007; 558- 41-011; 558-41-017 & -018; and 558-42-001. Negotiating Parties: Arlie Land &Cattle Company. Negotiator: John Musumeci Under Negotiations: Instructions to negotiator will concern price and terms of payment. 2. - Government Code Section 54956.9(a) A. Case No. 405231 B. Richard v. MROSD, Case No. 402294 i 310 Distel Circle - Los Altos, CA 94022-1404 - Phone:650-691-1200 FAX: 650-691-0485 - E-mail: mrosd@openspace.org - Web site:www.openspace.org Board of Direc tors.Pete Siemens,Mary C,Davey,lend Cyr,David T.5mernoff, Nonette Hanko, Betsy Crowder, Kenneth C. Nitz - General Manager t Craig Britton i Meeting 98-20 Page 2 (7:30) PUBLIC MEETING OF THE BOARD OF DIRECTORS ORAL COMMUNICATIONS -- Public SPECIAL ORDER OF THE DAY -- C. Britton Resolution Honoring David Smernoff, Director Ward 4 ADOPTION OF AGENDA ADOPTION OF CONSENT CALENDAR -- B. Crowder APPROVAL OF MINUTES September 9, 1998 (-Consent Item) WRITTEN COMMUNICATIONS BOARD BUSINESS (7:45) 1. Proposed Addition of Grainger, Et Al. Property to Monte Bello Open Space Preserve; Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act; Tentative Adoption of the Preliminary Use and Management Plan, Including Naming the Property as an Addition to Monte Bello Open Space Preserve; and Indicate Their Intention to Dedicate the Property as Public Open Space -- M. Williams Resolution Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Monte Bello Open Space Preserve- Lands of Grainger, Et Al.) (7:55) 2. Proposed Second Amendment to Purchase Agreement for Acquisition of Undivided One-Half Interest in the Nead Et Al. Property as an Addition to Long Ridge Open Space Preserve -- M. Williams Resolution Authorizing Acceptance of a Second Amendment to Purchase Agreement, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Long Ridge Open Space Preserve - Lands of Nead, Et Al.) (8:05) 3. Election of Secretary for Midpeninsula Regional Open Space District Board of Directors -- D. Dolan (8:15) 4. Application to Habitat Conservation Fund Program for Addition to Lobitos Creek Headwaters Project and Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act -- D. Woods Meeting 98-20 Page 3 Resolution Approving the Application for Grant Funds for the Local Agency Grant Program - Fiscal Year 1998-1999 Under the Habitat Conservation Fund Program of the California Wildlife Protection Act of 1990 for the Following Project: Lobitos Creek Headwaters Addition (Peery Property Acquisition) (8:25) 5. Notice of Contract Completion for Landscape and Spillway Repair Project, Thornewood Open Space Preserve and Authorization for the President or Other Appropriate Officer to Execute the Notice of Completion of Contract and Acceptance of Work for the Landslide Repair Project -- R. Anderson (8:20) 6. Approval of Meritorious Pay Award for the District Legal Counsel -- P. Siemens Resolution Approving a 5% Meritorious Pay Award for the District Legal Counsel in an Amount of$3,182.50 (8:25) INFORMATIONAL REPORTS -- Directors and Staff REVISED CLAIMS Consent Item) ADJOURNMENT *NOTE.- Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. TO ADDRESS THE BOARD: 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 ordinarity be limited to 3 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. Board members, the General Manager, and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. Re i a en 1, -ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SPECIAL MEETING LEGISLATIVE, FINANCE, AND PUBLIC AFFAIRS COMMITTEE AGENDA 10:30 a.m., Tuesday, September 29, 1998 Mary C. Davey 330 Distel Circle, Los Altos Nonette Hanko Pete Siemens (10:30 A.M.) ROLL CALL ORAL COMMUNICATIONS -- Public ADOPTION OF AGENDA COMMITTEE BUSINESS (10:35 A.M.) 1. Discussion of proposed Seager memorial - R. Anderson 2. Update on legislative activity - C. Britton 3. Discussion of potential Federal legislation mandating participation in social security - C. Britton 4. Selection of date for presentation by Ralph Heim - C. Britton 5. Report on Norton memorial -N. Hanko 6. Information reports/scheduling of next meeting 12:00 noon ADJOURNMENT 330 Distel Circle . Los Altos, CA 94022-1404 » Phone:650-691-1200 FAX:650-691-0485 • E-mail: mrosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr, David T.Smernoff, Nonette Hanko,Betsy Crowder,Kenneth C.Nitz - General Manager.L.Craig Britton Midpeninsula Rangers Peace Officer Association Star Route 2 Box 319, La Honda California 94020 OBJECTIVE The objective and Purpose of this Association shall be to assist in promoting professionalism in the ranger field; encourage among the members a closer personal acquaintance and a friendly spirit of mutual cooperation, to encourage, contribute to, and promote the good citizenship of the youth in the community, and wherever possible, to assist in all matters pertaining to the welfare and advancement of all members, the Midpeninsula Regional Open Space District (MROSD), and the well being of the community. MEMBERS Every regularly employed, uniformed field peace officer of MR SD shall be eligible for membership. OFFICERS President- Michael Newburn Vise-President- Thomas Lausten Secretary / Treasurer- Patrick Congdon PORAC Each member is entitled to join the PEACE OFFICERS RESEARCH ASSOCIATION OF CALIFORNIA, giving them "Benefits of PORAC Membership"; * Legal Defense Fund * Legislation & Political Action * Insurance & Benefits * PORAC Law Enforcement News * Training & Education Regional Open ace ----------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT RESOLUTION No.98- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT HONORING AND COMMENDING DAVID SMERNOFF WHEREAS,David Smernoff was appointed to the Board of Directors of the Midpeninsula Regional Open Space District in 1995 to represent Ward 4,and successfully ran for the Ward election in 1996; and WHEREAS,during his all-too-short tenure David has diligently served his constituents not only as Ward 4 Director, but also as Secretary and Vice-President,and as a tireless member of an amazing variety of standing and ad hoc Committees, including the Use and Management Committee,the Acquisition and Enterprise Committee,the Legislative,Finance,and Public Affairs Committee,the El Corte de Madera Creek Trail Committee,and the Trails/Wilderness Committee; and WHEREAS,in addition to his career with the SETI Institute,David's tireless work included serving on several little- known District"SETT"Committees, including the Search for El Corte de Madera Trail Input Committee,the Stop Episodes of Trail Imbroglios Committee,the Search for Even more Thistle-eating Ibex Committee,the Severely Eradicate Those Invasives Committee,the always exciting Soils,Ecosystems,Trees,and Insects Committee,and the Satiate Every Trail user Inquiry Committee;and WHEREAS,while devoting a great deal of time to his duties on the Board of Directors,David also gave his energy and enthusiasm to a variety of other environmental activities and organizations,especially as a co-founder and council member of Bay Area Action,and as a regular volunteer trail builder;and WHEREAS,an unfortunate(for the District)side-effect of David's recent marriage is that he has had a change of residence which moved him out of Ward 4,meaning, in the absence of special emergency legislation in Sacramento to change the law,he can no longer represent the Ward 4 constituency; and WHEREAS,David has regrettably submitted his resignation,which the Board of Directors sadly and reluctantly accepted. Now,THEREFORE,BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District commend and applaud David Smernoff for his accomplishments and achievements as a member of the Board of Directors,for his dedication to the ideals and goals of an open space greenbelt on the midpeninsula,for his tireless work on behalf of his constituents and the environment,and for his participation in solving the many dilemmas that the District has faced in recent years.The Board further wishes David all the best in his future endeavors,and looks forward to his continued support of the District and its goals. Adopted by the Board of Directors, September 23, 1998 Regional �� -ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-19 REGULAR AND SPECIAL MEETINGS BOARD OF DIRECTORS September 9, 1998 MINUTES I. ROLL CALL President Betsy Crowder called the meeting to order at 6:30 P.M. Members Present: Mary Davey, Betsy Crowder, Ken Nitz, Jed Cyr, Peter Siemens, and Nonette Hanko. Members Absent: None Personnel Present: Craig Britton, Del Woods, and Mike Williams; and Susan Schectman by conference telephone. II. CLOSED SESSION B. Crowder stated that the Board would adjourn Closed Session for the purpose of discussing closed Session Agenda Items 1, 2, 3, and 4. The Board recessed to Closed Session at 6:31 P.M. and the Closed Session commenced at 6:35 P.M. The Board concluded the Closed Session at 7:12 P.M. and B. Crowder called the Regular Meeting to order at 7:30 P.M. She noted that no reportable actions had taken place in Closed Session. ,additional Personnel Present: Deirdre Dolan, John Escobar, John Cahill, Malcolm Smith, Matthew Freeman, Carleen Bruins, and Randy Anderson. III. ORAL COMMUNICATIONS H. Haeussler asked how the District can buy Santa Cruz County property when they are not in the District. He said he did not think it was proper. Board Members indicated that a portion of the District was already in Santa Cruz County. C. Britton informed Mr. Haeussler that the District owns several parcels in Santa Cruz County, i 330 Distel Circle - Los Altos, CA 94022-1404 - Phone: 650-691-1200 FAX:650-691-0485 a E-mail: mrosd@openspace.org - Web site:www.openspace.org e Hanko, Bets Crowder,Ken � Board of l)rrec'tc�rs:Pete Siemens,Mary C. Davey,Jed Cyr,David F.SmE:rnott,Nonett� y meth C. Nitz � l;enera(Mana,�er.1.Craig Britton I Meeting 98-19 Page 2 including the former Paul, Sempervirens, Bar Y, Long Ridge, and Deca properties. The District has already entered into a three-way agreement on the property discussed at the closed session tonight. N. Hanko asked C. Britton to discuss the matter with Mr. Hauessler after the meeting. Jack Hickey, Redwood City, candidate for Ward 6 Director, introduced himself and said his primary reason for running is the eminent domain issue. He said he thought the District should have more revenue coming in from golf courses and change its name back to park district rather than open space district. IV. ADOPTION OF AGENDA Motion: J. Cyr moved that the Board adopt the agenda. P. Siemens seconded the motion. The motion passed 6 to 0. V. SPECIAL ORDER OF THE DAY C. Britton introduced Mary Burns, the new Parks Director for San Mateo County. M. Burns said she looked forward to working closely with this agency. C. Bruins introduced Lori Raymaker, the new Docent Coordinator. VI. ADOPTION OF CONSENT CALENDAR N. Hanko removed the reply to a written communication from Mr. Glenn Wegner, 10200 Hillcrest Road, Cupertino. Motion: J. Cyr moved that the Board adopt the Consent Calendar, including approval of the minutes of the August 12 1998 Regular and Special Meetin • reply to written communication from Darwin Patmode, Executive Director, Foundation for San Mateo County Community College District, 3401 DSM Drive, San Mateo; and Revised Claims 98-16. K. Nitz seconded the motion. The motion passed 6 to 0. VII. WRITTEN CO_M_MUNICATIONS. N. Hanko expressed concern about the letter from Mr. Wegner regarding the condition of a trail. She felt that if there was a problem with the work that had been done on the trail there should be some signing to alert bicyclists that there is a new surface and maybe they should slow down. She said there need not be permanent signs. She asked for a further report from J. Escobar as to how to address problems as they come up when trail conditions change. J. Escobar said this was regular maintenance, not repair because of storm damage. He said he would like to talk to S. Schectman before beginning signing. Regarding P. Siemens' suggestion Meeting 98-19 Page 3 of leaving the trails closed for a season, J. Escobar replied that if that were done for rework rather than just new trails they would see lots of closures. He said staff cannot guarantee a trail in terms of tread condition, and to insure a trail would be free of rocks and soft material would require a much higher level of maintenance. P. Siemens said maybe that explanation should be in the letter. H. Haeuessler said he thought the letter referred to mountain bikers and that they have to accept what is there and that the District should not make exceptions. C. Britton said he would add wording that in any given year the District reworks 25%of its trail mileage so staff can never guarantee a trail surface. In addition, he could talk to J. Escobar about putting up temporary signs saying trail maintenance ahead. M. Smith said we do not post trail maintenance on the web page,just trail closures. Motion: N. Hanko moved that the Board approve the amended reply to a written communication from Mr. Glenn Wegner, 10200 Hillcrest Road, Cupertino. P. Siemens seconded the motion. The motion passed 6 to 0. VIR. BOARD BUSINESS A. Agenda Item No. 1 - Accept Resignation of Director D. Smernoff, and Establish Procedure for Filling of Ward 4 Board Vacancy_ Determination Whether the Board Vacancy in Ward 4 will be Filled by ppointment or by the Election Process,If Determined to Fill the Vacancy_by Appointment the Board Needs to: 1) Approve the Application Form to be Used; 2)Reaffirm the Use of the General_ Criteria for Appointment to the Board of Directors, or Modify Them as They Deem Necessary; 31 Reaffirm the Use of the Procedures for Interviews or Modify Them as They Deem Necessary;41 Establish a Timeline for Filling the Vacancy, Including Setting the Dates for the First and Second Round of Interviews+ Assuming They Reaffirm the Procedures for Interviews;and If They Decide to Fill the Vacancy by Calling an Election, Establish the Date of the Election and Staff Return with Appropriate Resolution for Calling the Election and Requesting Consolidation Services from Santa Clara County&port R-98-1121, C. Britton outlined staffs recommendations. N. Hanko spoke in opposition to calling an election. She said six months is a long time for the seat to be vacant and she was in favor of the appointment process. Discussion of the meeting schedule followed. MQti9�1: M. Davey moved that the Board accept the resignation of Director Meeting 98-19 Page 4 D. Smernoff and that the vacancy in Ward 4 be filled by the appointment process. K. Nitz seconded the motion. The motion passed 6 to 0. Motion: N. Hanko moved that the Board approve the application form and reaffirm the use of the general criteria for appointment to the Board of Directors. P. Siemens seconded the motion. Discussion: K. Nitz suggested adding wording to the list of General Criteria for Appointment to the Board of Directors that said the person should be dedicated to the preservation of open space. Vote: The motion passed 6 to 0. C. Britton said staff would bring a resolution honoring D. Smernoff to the next meeting. Motion: P. Siemens moved that the Board approve the proposed schedule for filling the Ward 4 vacancy with the addition of a special meeting on October 19 for initial interviews of applicants and a Special Meeting on October 21 for final interviews. I Cyr seconded the motion. The motion passed 6 to 0. B. Agenda Item No. 2-Elect Vice President for the Midpeninsula Regional Qpen Space District Board of Directors—(Report R-98-1111. D. Dolan outlined the procedure for the election. Nomination: M. Davey nominated I Cyr. N. Hanko seconded the nomination. Motion: M. Davey moved that nominations be closed. N. Hanko seconded the motion. The motion passed 6 to 0. D. Dolan distributed ballots. Board Members cast their ballots and D. Dolan announced that there were six votes for 1. Cyr. Motion: M. Davey moved that the Board appoint P. Siemens as Secretary Pro Tem. I Cyr seconded the motion. The motion passed 6 to 0. C. Agenda Item No. 3-Proposed Addition of Lanphear Proper to Mt. Umunhum Area of Sierra A_ul Open Space Preserve;Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act; Meeting 98-19 Page 5 Tentative Adoption of the Preliminary Use and Management Plan Recommendations_ Including Naming the Lanphear Proper as an Addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve; and Indicate Their Intention to Withhold the Pro j& y from Dedication as Public Open Space at this Time—(Report R-98-109). M. Freeman described the property and showed its location on a map. He showed slides taken on the property and noted that Hicks Road has been designated as a scenic corridor by Santa Clara County in order to protect the view shed. He said Guadalupe Creek is very important ecologically. The property contains California Sycamore, white alder and black cottonwood trees which are very rare in the valley bottom now. Regarding staffs reason for withholding the property from dedication as public open space, C. Britton said none of the property in the area is dedicated and would generally be withheld until after they do a comprehensive study of the entire area. In this area there may be the possibility of transferring density rights to another piece of property as part of a conservation effort, or some boundary line changes. He said he didn't know when they would do the interim study in Rancho de Guadalupe, but most of it would be proposed for dedication. He said the property is part of the Mt. Umunhum Area of the Sierra Azul Open Space Preserve. Part of the problem is that the study of the area cannot take place until after cleanup of Mt. Umunhum. I M. Williams described the terms and conditions of the acquisition. Motion,: M. Davey moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in the staff report; adopt Resolution 98-33 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 General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the 1 n Preserve-Lands of Lan hear Transaction(Sierra Azul Open Space e p ), tentative) adopt the Preliminary Use and Management Plan Y P �'Y $ recommendations contained in the staff report, including naming the Lanphear property as an addition to the Mt. Umunhum area of Sierra Azul Open Space Preserve; and indicate their intention to withhold the property from dedication as public open space at this time. P. Siemens seconded the motion. Discussion: H. Hauessler asked about contacting the County about sharing in expenses. C. Britton said that if there is a future transfer to the County of a portion of the property, it would probably be part of an exchange of land and/or management responsibility. I i I Meeting 98-19 Page 6 Vote: The motion passed 6 to 0. l D. Agenda Item No. 4-Increase in Contract for Construction of Three Restroom Units_ One Each at S ine Ridge, Monte Bello. and Windy Hill Open Space Preserves in an Amount Not to Exceed $7.500 and Authorization for Staff to Execute Changes to the Contract with Restroom Facilities Corporation of Reno.Nevada_ for a Sum Not to Exceed $7.500(aging the Total Contract Amount to $57,500)for Additional_Expenses or Changes Encountered During Installation of Three Prefabricated Restroom Units- (11eport R-98-108) R. Anderson reviewed the staff report. He said there were requirements that prevailing wages be paid and that there be bonds for completion of the project. The contractor said he was not aware of these requirements up front. He is the only supplier of a product that meets the District's needs. The restroom installed in the parking lot at Windy Hill is from this supplier. Discussion followed about adding contingency fees to future contracts. Motion: N. Hanko moved that the Board authorize staff to execute changes to the contract with Restroom Facilities Corp. of Reno, Nevada, for a sum not to exceed $7,500 (bringing the total contract amount to $57,500)for additional expenses or changes encountered during installation of three prefabricated restroom units. K. Nitz seconded the motion. The motion passed 6 to 0. E. Agenda Item No. 5- Authorization to Solicit Bids for Equipment Storage Building Improvements at the Skyline Field Office, Skyline Ridge Open Space Preserve and Authorization for Staff to Solicit Bids for Equipment Storage Building Improvements at the Skyline Field Office - (Report R-98-109). J. Cahill showed a drawing and described the proposed improvements. Motion: N. Hanko moved that the Board authorize staff to solicit bids for equipment storage building improvements at the Skyline Field Office. P. Siemens seconded the motion. The motion passed 6 to 0. IX. INFORMATIONAL REPORTS r f h B f m rvir ns she visited the San Lorenzo M. Davey 'd as a member o the Board o Se e e a y said p , Valley Water District. They are working to preserve that area of open space in perpetuity. There were concerns about who will take care of and monitor the area. It was mentioned that there might be a possibility for the District to be part of that area. P. Siemens said he would be attending a meeting of a group of park district managers on Friday. Paul Romero will be giving a talk on bicycles and their impact on county parks. 81 8 Meeting 98-19 Page 7 N. Hanko referred to the letter in the FYIs that C. Britton had written to the Stanford athletic department, and to a letter from the department stating that in the future they would request the necessary permits. She said she thought an additional letter might point out there are certain problems at Rancho San Antonio (it is too crowded and used by families) and permits will not be issued for such events. J. Escobar said the District does not issue permits for this kind of activity, nor does Santa Clara County. They still have high schools and colleges coming for workouts. The parking lot cannot accommodate those groups and the parking lot gate will be attended from now on. M. Smith said he called the child's family and left a message to ask how the boy was and give them the runner's phone number. C. Britton sent a copy of the District's letter to the Stanford president. J. Escobar said when groups inquire about using Rancho San Antonio they suggest alternative sites. C. Britton will send another letter clarifying that this preserve will not be open for that kind of event. B. Crowder had an article from the Sacramento paper regarding Bob Slobe who owns land adjacent to Windy Hill Open Space Preserve. N. Hanko had clippings regarding Phyllis Can emi trailblazing in San Francisco, and from the Sacramento Bee about the farmland preservation bill being signed by the Governor. In addition she had a copy of San Francisco Magazine which included an interview with her. B. Crowder pointed out in the FYIs an article from the NRPA Magazine written by Mary Burns about the trails conference. J. Cyr said that in addition to the ride alongs with rangers and OSTs he was able to observe the recent controlled burn. C. Britton reported as follows: 1. Regarding the recently approved purchase of the Nead property, Save the Redwoods League will donate$400,000 toward several acquisitions in the area. However, the Mecklers are exercising the right of first refusal on the one-half interest. If they don't meet the District's terms the deal could be closed. If they buy it, the District will be talking to them about acquiring the entire property. 2. State budget-The Governor blue lined the $450,000 that was for the District for Phase II of AB1366. They got $350,000 back in and this is on the Governor's desk. 3. Vicki Moore has been promoted to Policy Director with Greenbelt Alliance and the new South Bay Field Representative is Catalan Gaffney. 4. SB 2080, sponsored by PCL and allowing tax credits for gifts of land, died in the legislature. There will be no park bond act(SB 2) on the November ballot. Ralph Heim will give a year- end report to the Board after the election. S. There will be a meeting of the Open Space Meeting 98-19 Page 8 Council at the Presidio on September 17. The focus Will be on the Nature Conservancy's plans for the Mt. Hamilton Range. 6. Letter in FYI from Meyers,Nave, Riback, Silver& Wilson re Patterson v. City of Livermore thanking the District for the support letter prepared by S. Schectman. 7. Memo in FYIs about vandalism and illegal trail construction at El Corte de Madera. This will be added to the file and staff will be thinking of how to deal with ECDM. 7. Memo regarding Spangle fund in FYIs. Photographs of Mr. Spangle will be given to his family. J. Escobar reported as follows: 1. District staff started a fire on Mr. McQueen's property with the brush tractor. It burned an acre, but Mr. McQueen praised staff for their handling of the incident. 2. September 16-18, Art O'Neal will be teaching the next session on Influencing Skills to new employees. He invited Board members. Developing Performance Standards for supervisors will be next. 3. There will be a Special Board Meeting at 6:30 P.M. on September 28 on the Warner Group operations report. 4. The Deer Hollow Farm dinner will be on October 4. D. Dolan previewed the Board sponsored staff recognition event to be held on September 15 at Saratoga Springs, noting that they expect 110-115 people to participate. A Smith said Bay Area Back Roads filmed a segment that will air September 19 at 6:00 p.m. on Channel 4. He said he would be showing a video of three pieces of news coverage of the controlled bum following adjournment of this meeting. X. ADJOURNMENT At 9:00 p.m., the meeting was adjourned. Roberta Wolfe Recording Secretary � . � Claims No. 98-16 ' Meeting 98-19 Date: Septmrnber9. 1998 Revised � � K8|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT � # Amount Name Description 4653 475.00 Aaron's Septic Tank Service Sanitation Servi7e-s 4854 20.00 Ace Fire EquipnmentQ' Service Co., Inc. Fire Extinguisher Service 4655 224.19 ADT Security Systems Alarm Services 4666 122.82 Alamo Lighting Light Bulbs � 4657 9'600.00 All-Cal Title Company Acquisition Deposit-Lanphaar � 4658 .260.94 All Laser Service Laser Cartridges & Repairs 4659 361.56 American Traffic Supply Posts 4860 491.34 Anderson Chevrolet Vehicle Repairs 4601 32.06 Arne Sign Signs 4662 163.49 ArtenhLarninoting Supplies 4683 8.88 AT &' T Telephone Service 4664 17.05 Barron Park Supply Co. Water System Supplies 4055 274.82 Baileys Uniform Boots 4666 785.00 Berry's Pest Control, Inc. Rodent Proofing-Enterprise Rental 4687 600.00 Tim Best, C.E.G. Geo|og|mt/Hydro|og|st--Pudoinmm 0. ECM 46N 460.00 Best Internet Communications Internet Service 4609 887.40 Big 4Rents � Back hoe Project 4670 287.00 8i||'m Towing & Recovery Towing Service 4671 6'366.81 Bofor'm Printing- South Skyline K8epm 4672 39.277.78 Brazil's Excavating, Inc. Schilling Lake Landslide Repair 4073 470.82 Brian KmngooFou|kEngineers Teague Hill Drainage Report 4674 825.00 Jane Buxton ROSS 8' FEK8A Project Consultant � 4675 61.30 John Cahill Vehicle Expense 4676 95.00 California Chamber mfCommerce Regxvatoh Subscription 4677 109.00 *1 California Fish and Game Department Fee Extension Agreement 4678 706.54 California Water Gerv|oe'Cornpony Water Service 4878 306.42 CaUanderA000nie1eo Windy Hill Parking Lot Consultant 4680 34'21 Capitol Enquiry, Inc. Congress Diroo1mry--RemouroeDocument 4681 6'483.78 Carter Industries ' 2 Truck Service 8md|eo 4682 43.42 Cascade Fire Equipment Co. Fire Equipment and Supplies 4683 64.03 Peggy Coats Vehicle Expense 4684 100.83 Cole Supply Co'^ Inc. Rnntroonm Supplies. 4685 37.17 Compass Flooring Systems Cleaning Supplies 4686 2'382.78 Conmpurun Computer Upgrade 4687 110'20 CopWmre ` Resource Document Sm� xvmre ' 4688 187'00 Contoo Office Supplies 4889 9,040.20 Cotton Shires Associates Schilling Spillway Project Consultant � � 4890 1'705.00 Coyote Creek Riparian Station Watershed Assessment 4891 390.78 Daily Express Dozer Transportation Service 4092 64.92 *2 Susan Oo|e Reim burmernant-Staff Event Supplies 4693 87.39 °3 Susan Dale Reim bureennmnt--Toamtor & Coffee Pots � � 4094 172.11 Design Signs Gate Reflectors � 4695 100'00 °4 Drive Line Service of San Jose Maintenance & Repairs 4696 1'235.00 DurmCranm Remtroonm Installation Crane 4697 1,404.58 Emily B' Associates Personnel Consultant 4898 1'079.00 Employment Development Department State Unemployment Insurance 4699 3,037.98 Exper|an Microfiche Services Pagel / - � � �� � Claims No. 98-18 � . Meeting Q8' 9 , Date: 1�08 . . � Revised K8|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT / # Amount Name Description � Express Mail_ Service � 4701 202.82 Film toFrame Photos 4702 1,000.00 °5 Financial Title Company Acquisition Deposit � 4703 10'000.00 °6 First American Title Ins. Co. Acquisition Deposit � � 4704 53.50 °7 Foothill College Educational Training--C. Bruins � � 4705 79'07 Forestry Supplies Head Lanterns � 4708 10.98 Foster Brothers Security Systems Locks & Keys � � 4707 75.73 G & KSmn/icem Shop.Towel Service | 4708 74.03 Grainger Straps for VVatertank | 4708 1,111.73 Granitenook Field Supplies � 4710 110.00 GmenVVaato Recovery, Inc. Skyline DumpwturService | 4711 22� 51 C�T� V0re|uom Cellular Ph S i . one Service | 4712 91,86 Hawkins Traffic Safety Supply Parking Signs � | 4713 406'00 Hayward PeotnmamterServiomm Pest Contno|—Anne* Building � 4714 64.95 Hertz Equipment Rental Corp. Dozer Transport | 4716 127.41 Interstate Traf io Cmntro| Products Vests & Stop/Slow Paddles � 4718 3,464.17 JED/4Publications, Inc. K8ap/BrochureP,intinQ � 4717 28.00 Jobs Available Job Advertisement Subscription � 4718 7,750.00 Joe'o Tractor Service Dioo|ngof3Preserves � 4719 205.06 Ed Jones Badges | 4720 77.94 Keeb|e & ShunhatPhotography Slide Enlargements 4721 119.06 Grant Kern Reim bumament--Un|formBoots 4722 148'48 Kevin'mAutm Repair Vehicle Repairs � 4723 52.43 Kinko'm Printing Services 4724 67.59 Krogen'CSKAuto Vehicle Supplies 4725 273.84 Langley Hill Quarry ReotroonnProject-'Runmian Ridge 4726 980.55 Lanier Worldwide, Inc. Copier Lease | 4727 306 1O Lom �4|too ���rbmQeCo. �"=Dumnp r ��n/|oe. � 4720 461.84 Lucent Technologies Phone Maintenance Service 4729 540.00 K4ervvnK8aoa Acquisition Consultant 4730 1,122.89 Julie McCullough Bridge & Restroonn Project Consultant � �@ K4C�l Long Distance� 4�31 31. � 4732 990.70 °8 Meyer Appliance Appliances--Field Office � 4733 1,750i00 Micro Accounting Solutions Computer Products & Consulting � 4734 388.31 K0inton'm Lumber 8kSupply Field Supplies � 4735 2,900.93 N4atnoMobi|mCmnnmunicadmno Radio Repair Q/ Maintenance 4736 308.73 Moffett Supply Co. Sanitation Supplies � 4737 156.46 Monogram Sanitation ' RootnomrnRepair 4738 74.58 Ana Montano Vehicle Expense 4739 56.41 National Fire Protection Association Pumper,Parts � 4740 29.00 National Notary Association Membership Renewal--D. Dolan � 4741 200.00 National Safety Council Membership Renewal 4742 4,000'00 °9 Navarono |ndumt,iem, Inc. Postage 4743 41.99 Naxarone Industries, Inc. Postage--Balance Due 4744 75.02 Noble Fond Light Bulbs for Tractor 4745 1,000'00 .*10 North American Title Co. Escrow Depmoit - K8onden 4746 803'05 Office Depot Office Supplies � | Page ! | | — | | Claims No. 98-16 i . Meeting 98'19 / Date: Semtarnber9. 1898 � Revised | K8|OPEN|NSUL\ REGIONAL OPEN SPACE DISTRICT � # Amount Nmnna Description � 4747 106.50 Office Helper Office Supplies | 474" 1,214.94 O'cxx*v Supply Hardware Field Supplies / 4748 1'783.48 Pacific Bell Telephone Service � 4750 700.00 Pacific Meridian Resources Appraisal Services | 4751 612.38 *11 City of Palo Alto Perm it-'Sevver/Sepbu 4752 201.87 Pearson O|dornobi|a-Pontian-GK8CTruck Repair Q' Maintenance ! 4753 118'00 Peninsula Blueprint, Inc. Printing Q' Blueprint Service 4754 559.45 PIP Printing Maps 8k Brochure Printing ' 4755 255.64 Pitney Bowes Credit Corporation Postage Meter Lease � 4750 3'750.00 Popish Appraisal 0kConsulting Appraisal Services � 4757 598.95 °12 Town ofPorto|eValley Perm it-Sexver/Smptic � 4758 1,073.03 Povver|end Equipment, Inc. Vehicle Supplies � 4759 78'500.00 Corte Madera Associates Property | First American Title Insurance Company 4700 13'483.81 Rana Creek Habitat Restoration Corp. Skyline Grassland Study Consultant 4761 5G �� Reed Inc'.| � . ' nn' Road 4782 22.26 Regal Dodge, Inc. Vehicle Repairs � � 4703 2'500'00 °13 The Reitman Group Appraisal Services � 4764 12.50 Rich's Tire Service Tire Repairs 4765. 3'304.03 Roy'e Repair Service Vehicle Repairs � � 4708 189.07 Skyxvoud Trading Post Diesel for Tractors | 4767 84.10 Staples Office Supplies � 4768 245.70 Russ Enterprises Sign Decals | 4789 289 �O °14 David Reinnburoennmnt''��h|u|a �Repairs � ' poro � 4770 161.29 OavidSmnguinetti Reimbursement--Boots | � 4771 115.90 °15 San Mateo County Permit-Renoovo Underground Tank 4772 508.40 °18 County ofSan Mateo Planning Dept. Perm it--*8exver/Smptic | 4773 108.88 San Mateo County Times Yearly Subscription � � 4774 110'00 Santa Clara Co. Dept. of Environmental Health Perrn|t-Hezordoum &qeted�|o � � . 4775 100.81 Second Cup 8uain*ou Meeting Expense � 4776 180.07 Shell Oil Fuel / 4777 1'722.92 Shelton, Inc. Culverts 4778 177.39 Signs of the 7lnneo Signs | 4778 778.20 Steven's Creek Quarry, Inc. Rip Rap Rock 4780 346'40 Summit Uniforms Uniforms � � 4781 2'165'00 Teator@k Etc. K4epu 4782 80'00 Terminex Bi-monthlySenvice � 4783 37.50 Tananearch Inc. Gaotenhnico| Gemiom-BridgeProjects � 4784 1'518.58 Ternteoh Landslide Consulting Services � 4785 2,268'93 ThermnoCmrp. Kxon1h|yN1mintonanoa-0mte| Building � 4786 2'967.80 USRenta|e BaokhoeRanta| � 4787 7.43 University Art Mapping Supplies 4788 1,683.35 *17 \Uma 214.09 Uniforms � �127.31 Field Expenses � 207.10 Native Plants 800.00 Offices | 80.77 Business Meeting Expenses 158.00 Seminar Expense | 115.10 Search 8.Rescue Equipment | | Page � ' | - � Claims No. 98-16 Meeting 98-19 Date: September 9, 1998 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 4789 600.00 W. J. Sorich Enterprises Sorich Road Dues 4790 300.00 Roberta Wolfe Recording Services 4791 170.30 Mike Williams Vehicle Expense 4792 63.94 Wheelsmith Vehicle Repairs 4793R 440.94 Petty Cash Postage, Local Business Meeting Expense, Film Developing, Nature Center Supplies, Office Supplies, Field Supplies and Fuel *1 Urgent Check Issued August 17,1998 *2 Urgent Check Issued August 13,1998 *3 Urgent Check Issued August 24,1998 *4 Urgent Check Issued August 18,1998 *5 Urgent Check Issued August 27,1998 *6 Urgent Check Issued August 20,1998 *7 Urgent Check Issued September 1,1998 *8 Urgent Check Issued August 17,1998 *9 Urgent Check Issued August 17,1998 *10 Urgent Check Issued August 20,1998 *11 Urgent Check Issued August 20,1998 *12 Urgent Check Issued August 20,1998 *13 Urgent Check Issued August 27,1998 *14 Urgent Check Issued August 20,1998 *15 Urgent Check Issued August 17,1998 *16 Urgent Check Issued August 21,1998 *17 Urgent Check Issued August 27,1998 TOTAL 249,409.92 Page 4 RESPONSE ACTION PROPOSED BY STAFF Board President Acknowledge/Respond 4 Director Acknowledge/Respond Staff Acknowledge/Respond Draft Response Attached September .1 0, 1998 Staff to for Directed C to Prepare Draft Rea oms fot Board Consideration per Board Directives) No Response Necessary Board of Directors MROSD 330 Distel Circle Los Altos, CA 94022 For some time now I have been complaining about your and your staff' s use of the microphones with your public address system during your meetings. Perhaps you and your staff feel that if you ignore me, I will go away. Feel again - I will not retreat. Last evening, at your regular meeting, nearly everyone, with the exception of Mrs. Hanko on an early occasion, failed to use the standing microphones properly. The only person I clearly heard and understood was Mrs. Crowder who was using a microphone clipped onto her clothing. Even after I particularly asked Mr. Craig Britton, your General Manager, to speak into the microphone, he failed to do so. What does it take to cause you and your staff to use the equipment you have purchased in a proper manner so that all may hear? I have asked you to provide clip on microphones for all , to no avail. Yes, they cost money, but you have wasted money on equipment that you do not properly use. You have a responsibility under the Americans With Disabilities Act. Are you going to assume this responsibility? Or, are you going to continue to shirk this responsibility? Harry H. Haeussler, J 1094 Highlands Circle Los Altos, CA 94024-7016 E IqF�D W S EP 14 1998 i i,J)PEMNSU A REGIO14AL SPEN SPACE DISTRICT I I I - - - - - - - - - -- - - - --- -- Regional Open -,,ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION Mr. Harry Heussler 1094 Highlands Circle Los Altos, CA 94024-7016 Dear Harry: Thank you for your letter of September 10. The Board reviewed your letter last night at its regular meeting. I appreciate your pointing out the staff and Board members' inconsistent use of the public address system during Board meetings. Unfortunately, some of us have lapsed in our use of the microphones. As you may recall, we taped small signs to each microphone stand to remind members to speak directly into the microphone. I will remind all Board and staff members to do so. As you might guess,the cost of lapel microphones is somewhat excessive. However, we'll be looking at our budget to determine if a change to lapel microphones is possible. Again, thank you for writing, and I assure you we'll try to make better use of the microphones. Sincerely, Betsy Crowder President, Board of Directors BC/mcs cc: MROSD Board of Directors 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 FAX:650-691-0485 • E-mail:mrosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •General Manager:L.Craig Britton Regional Open -ice R-98-114 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-20 September 23, 1998 AGENDA ITEM 1 AGENDA ITEM Proposed Addition of Grainger, et al. Property to Monte�Bello Open Space Preserve GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in this report. 2. Adopt the attached resolution authorizing purchase of the Grainger, et al. property. 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property as an addition to Monte Bello Open Space Preserve. 4. Indicate your intention to dedicate the property as public open space. DESCRIPTION (see attached Exhibit A) The 24-acre Grainger property is located in the Palo Alto foothills and surrounded by approximately 6,400 acres of public open space lands, including Skyline Ridge and Monte Bello Open Space Preserves. Situated across Skyline Boulevard from the main entrance to Skyline Ridge Open Space Preserve, the property is considered of vital importance in preserving the area's regional greenbelt and trail system. It is highly visible from adjacent open space trails, and is an important part of a large wildlife corridor between open space preserves and the headwaters of Stevens Creek. The Grainger property is a natural addition to Monte Bello Open Space Preserve as it is bounded by the preserve to the north, east and west, and Skyline Boulevard to the south. It is comprised of two contiguous parcels: a 20.73-acre parcel located within the City of Palo Alto (Santa Clara County) and a 3.27-acre parcel located in unincorporated San Mateo County. The smaller parcel is located adjacent to Skyline Boulevard. Although the parcels are located in two counties, they form only one legal parcel. The diverse landscape is comprised of grassy knolls, steep forested hillsides, and dense creekside vegetation. Slopes primarily face towards the north making them highly visible from the Stevens Creek Nature Trail, Monte Bello Trail, Canyon Trail, and Indian Creek Trail. Stevens Creek forms the north boundary of the property where slopes are generally very steep and heavily forested with Douglas fir, madrone, and bay. Gentle grassy meadows and oak woodland are located near the main entrance to the property along Skyline Boulevard. Star thistle has seriously invaded the grassland areas. 330 Distel Circle * Los Altos, CA 94022-1404 a Phone:650-691-1200 FAX: 650-691-0485 - E-mail: nirosd@ol)enspace.org * Web site:www.openspace.org 7 Bomd of Oirectors:Pete Siernens,Wry C. Davey,Jed Cyr,David T.Sniernoff, Nonette Hanko,Betsy Crowder,Kenneth C.Nitz - General Mmmger:L.Craig Britton R-98-114 Page 2 The upper portion of the property is developed with a residence, winery (barn) building, and ancillary structures. The two-story residence is approximately 1,900 square feet and has two bedrooms, one-and-a-half bathrooms and a two-car garage. The 2,800 square-foot winery is a single-story structure having a barn-like appearance. It is a woodframe structure with a metal roof, built on a concrete slab and divided into two bays; one serves as a barrel storage room and the other a case room. The inside of the structure has exposed insulation which has been damaged by a leaking roof. Wind and water damage to the roof, siding, and insulation has left the structure in moderately poor condition and will require significant investment if it were to be made usable and more compatible with the surrounding open space. Other structures include a garden shed with enclosure, a 3,000-gallon water tank, and solar powered electric gate. The water for the residence and winery comes from an on-site well which has a marginally acceptable flow rate and could limit certain agricultural uses of the property. A gravel-surfaced driveway enters the property from Skyline Boulevard and serves the residence and winery building. In their current state, the structures are relatively unobtrusive to preserve trail users but, if the structures and surrounding landscape were significantly altered, the character of the adjacent preserves could change dramatically, especially as viewed from the Ridge Trail on Skyline Ridge Open Space Preserve and various trails on Monte Bello Open Space Preserve. USE AND MANAGEMENT PLAN Planning Considerations The property is located within the City of Palo Alto and zoned OS (Open Space), requiring a 10-acre minimum lot size per dwelling. The property is subject to a Williamson Act contract, requiring a 40-acre minimum lot size based on its classification as non-prime agricultural land. Because the majority of the property is located within the City of Palo Alto, San Mateo County defers to the City of Palo Alto for planning decisions. Also, the Williamson Act applies only to the Palo Alto parcel. The Santa Clara Countywide Trails Master Plan shows regional trails in the vicinity of the property paralleling Skyline Boulevard and connecting north to Palo Alto and west into San Mateo County. The parcels are rated in the District's Open Space Master Plan as having moderate to high composite open space values and are important in terms of potential outdoor recreation, wildlife habitat, and scenic backdrop as it relates to views from trails on Monte Bello and Skyline Ridge Open Space Preserves. The structures somewhat detract from the open space character of the area and are generally undesirable in that regard. The District's Skyline field office and ranger residence are located across Skyline Boulevard, making it unlikely that these structures would be needed for management or site protection purposes. There are no known public uses for the structures but there may be potential agricultural uses for the winery building. An interim rental that includes the residence and winery building should be employed to maintain the structures on a temporary basis while potential agricultural uses are being explored. R-98-114 Page 3 Preliminary Use and Management Plan Recommendations The Preliminary Use and Management Plan will take effect at the close of escrow and remain effective until the plan is amended or a Comprehensive Use and Management Plan is prepared. Any proposed changes to land use will be subject to further environmental review and public input. Structures: Rent the residence and winery building for one year during which time staff will return to you with a specific proposal for long-term use or removal of the buildings. Public Access: No public access; site to remain closed until plan for structures is approved. Trail Designation: No designated trails at this time. Dedication: Indicate your intention to dedicate the property as public open space. Name: Name the property as an addition to Monte Bello Open Space Preserve. Roads: Maintain driveway in surfaced condition to provide access for tenants and patrol. Signs: Install preserve boundary signs where appropriate. Site Safety Inspection: Inspect the property to determine if there are hazards that need to be mitigated. CE,QA COMPLIANCE Proj ect Description The project consists of the acquisition of a 24-acre parcel of land as an addition to Monte Bello Open Space Preserve and the concurrent adoption of a Preliminary Use and Management Plan for the addition. Ultimately, the property will be included in the Comprehensive Use and Management Plan for the adjacent preserve. The land will be permanently preserved as open space, and may be open to the public for low-intensity recreation. The land will be maintained in a natural condition. CEQA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA (the California Environmental Quality Act) under Article 19, Sections 15317, 15325, and 15061 as follows: Section 15117 exempts the acceptance of fee interests in order to maintain the open space character of an area. The District will acquire fee interest and maintain the open space character of the area. Public trail use may be implemented in the future, but no new development is proposed as part of this project. R-98-114 Page 4 Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. This acquisition will transfer ownership of the property to the District and ensure it will be preserved as public open space by incorporating it into the Monte Bello Open Space Preserve. This acquisition qualifies under both sections. The actions proposed in the Preliminary Use and Management Plan are also exempt under section 15061, as there is no possibility the actions may have a significant effect on the environment. TERMS & CONDITIONS The purchase price of this 24-acre property is $1,100,000 which is payable in cash at the close of escrow. The District has had a long-standing interest in acquiring and protecting this visible property from further development. The current owners, Jeffery Grainger and Maren Monsen purchased the subject property in January of 1997 for $1,144,000. They have agreed to sell the property at a reduced price to the District for many reasons, including the fact that they are supportive of the District's land preservation goals and sensitive to the visual impacts any future development of this property would have on surrounding District lands. Therefore, the owners have given the District the opportunity to purchase the property instead of exposing the property on the open real estate market. As part of this transaction, the owners will enter into a modified District Rental Agreement as non-paying tenants for a period of one year. The current market rental rate for the residence ranges between $1,800 and $2,000 per month which equates to a present value of between $21,600 and $24,000 over the course of a year. Considering the rent free lease-back and the recent real estate market activity in this area, the purchase price remains favorable to the District. The subject property is potentially subdividable as two legal parcels (10-acre minimum lot size) under the current zoning requirements of the City of Palo Alto. However, the property is subject to a Williamson Act contract, a land conservation agreement with an on-going ten-year term, requiring a 40-acre minimum lot size. If this contract were canceled, the subject property could be subdivided into two sites after nine years. Under current zoning, a residence could be built on the knoll northeast of the residing winery building, with the existing residence becoming a potential guest residence or being removed after the completion of a new and more visible home on the knoll. The property is being purchased on an "as-is" basis. As part of this condition, District staff has completed a due diligence inspection and review. This process included a site inspection and review of numerous documents including: Pest Inspection Report, Septic and Water System Inspection Reports, Subdivision and Winery applications and correspondence with the City of Palo Alto, and home improvement work and receipts. The home improvements made by the current owners include structural bracing of the residence, improvement of the water system, remodeling of the downstairs bathroom and plumbing upgrades. Staff is satisfied with the condition of the property and improvements, and recommends purchase of the property in its current "as-is" condition. R-98-114 Page 5 BUDGET CONSIDERATIONS 1998/1999 Budget for Land Acquisition New Land Budgeted for Acquisition $11,303,000 New Land Purchased this year (1,596,600) Grainger Acquisition proposed on this agenda (1,100.00 Acquisition Budget Remaining $ 8,606,400 Controller M. Foster has been consulted on this proposed acquisition, and has indicated that, considering cash flow and availability, funds are available for this property purchase. This parcel was identified as an important addition to Monte Bello Open Space Preserve for protection of wildlife habitat and scenic backdrop. PUBLIC NOTIFICATION District land surrounds the property; no property owners are being notified. Prepared by: Del Woods, Senior Management Specialist Michael C. Williams, Real Property Representative Contact person: Michael C. Williams, Real Property Representative RESOLUTION RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (MONTE BELLO OPEN SPACE PRESERVE -LANDS OF GRAINGER, ET AL.) The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between Jeffery J. Grainger and Maren R. Monsen, husband and wife, and 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 General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager is further authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $5,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. Section Five. It is intended, reasonably expected, and hereby authorized that the District's general fund will be reimbursed in the amount of$1,100,000.00 from the proceeds of the next long-term r District note issue. This Section of this Resolution is adoptedY b the Board of Directors tors of Midpeninsula Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with the District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been, or are reasonably 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 the District. The Board of Directors hereby declares the District's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. i MIDPENINSULA REGIONAL OPEN SPACE DISTRICT *110, Vista Trail 19 MON-TE BELLO OPEN SPACE n PRESERVE �• 0.8 d sr PROPOSED ACQUISITION 1 .2 (GRAINGER/MONSEN 24 AC.) 90 \1 re -frail 0.6 0.2 0.3 0.4 0.1 (R05) ! (M1306) Reside ce '0.1. 0.1 �% ` Winery%Barn 0.2 Alpine �' 22n0 1 Pond _ SKYLINE RIDGE _ 0.2 OPEN SPACE 1�> "=#SR04) = t 0.2 PRESERVE it t� 0.5 0�) 0.3 1.5 O _ 0.1 it 0.1 (SR03) 5 • or hoe Lace 0.2 .4 — 0.3 0.2 � , 0 EXHIBIT A 0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 mile PURCHASE AGREEMENT This Agreement is made and entered into by and between JEFFRY J. GRAINGER and MAREN R. MONSEN, husband and wife, as community property hereinafter called "Seller" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, hereinafter called "District. RECITALS WHEREAS, Seller is the owner of certain real property which has open space and recreational value, located within the adjoining areas of the County of Santa Clara and the County of San Mateo and being more particularly described within the body of this Agreement; and WHEREAS, District was formed by voter initiative to solicit and receive conveyances of real property by purchase, exchange,-gift, or bargain purchase for public park, recreation, scenic and open space purposes; and WHEREAS, District desires to purchase said property for open space preservation and as part of the ecological, recreational, and aesthetic resources of the midpeninsula, area; and WHEREAS, Seller wishes to sell and convey the entirety of said property to District, and District wishes to purchase said property upon the terms and conditions set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and covenants herein contained, the parties hereto agree'as follows: 1. Purchase and Sale. Seller agrees to sell to District and District agrees to purchase from Seller, Seller's real property located within the adjoining. areas of the County of Santa Clara and the County of San Mateo, State of California, containing approximately twenty-four (24) acres, more or less, and commonly referred to as Santa Clara County Assessor's Parcel Number 351-060-017 and San Mateo County Assessor's Parcel Number 080-302-020. Said property being further described in the Legal Descriptions attached as: (a) Exhibit A First American Title Company Preliminary Title Report 515354 dated June 30, 1998 (Santa Clara County Assessor's Parcel Number 351-060-017); (b) Exhibit B First American Title Company Preliminary Title Report 420923 dated July 15, 1998 (San Mateo County Assessor's Parcel Number 080-302-020). A copy of said preliminary title reports are attached hereto as Exhibit "A" and "B" and incorporated Purchase Agreement Page 2 herein by this reference. Said property is to be conveyed together with any easements, rights of way, or rights of use which may be appurtenant or attributable to the aforesaid lands, and any and all improvements attached or affixed thereto. All of said real property and appurtenances shall hereinafter be called the "Subject Property" or the "Property". 2. Purchase Price. The total purchase price ("Purchase Price") for the Property shall be One Million One Hundred Thousand and No/100 Dollars ($1,100,000.00), which "Closing" defined in Section 3 hereof. h be aid in cash at the Clos as shall p g 3. Escrow. Promptly upon execution of this Agreement, in accordance with Section 13 herein, an escrow shall be opened at First American Title Insurance Company, 555 Marshall Street, Redwood City, CA 94063, (650) 367-9050 (Escrow numbers 515354 and 420923) or other title company acceptable to District and Seller (hereinafter "Escrow " A full consummated.Holder through which the purchase and sale of the Property shall be co y g P executed copy g of this Agreement shall be deposited with Escrow Holder to serve as escrow additional Holder; provided that the parties shall execute such bons to Escrow Ho instruc P supplementary or customary escrow instructions as Escrow Holder may reasonably require. This Agreement may be amended or supplemented by explicit additional escrow instructions signed by the parties, but the printed portion of such escrow instructions shall not supersede any inconsistent provisions contained herein. Escrow Holder is hereby appointed and instructed to deliver, pursuant to the terms of this Agreement, the documents and monies to be deposited into the escrow as herein provided, with the following terms and conditions to apply to said escrow: (a) The time provided for in the escrow for the close thereof shall be on or before October 9, 1998; provided however, that the parties may, by written agreement, extend the time for Closing. The term "Closing" as used herein shall be deemed to be the date when Escrow Holder causes the Grant Deed (as defined below) to be recorded in the Offices of the County Recorder of Santa Clara and San Mateo Counties. (b) Seller and District shall, during the escrow period, execute any and all documents and perform any"and all acts reasonably necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agreement. (c) Seller shall deposit into the escrow on or before the Closing two (2) executed and recordable Grant Deeds, covering the Property as described in said Exhibits "A" and "B" (d) District shall deposit into the escrow, on or before the Closing: (i) The required Certificates of Acceptance for the Grant Deeds, duly executed by District and to be dated as of the Closing; Purchase Agreement Page 3 (ii) District's check payable to Escrow Holder in the amount of One Million Ninety Thousand and No/100 Dollars 0 ($1,090,000.00) which is the balance of the Purchase Price of One Million One Hundred Thousand and No/100 Dollars ($1,100,000.00) as specified in Section 2. The balance of $10,000.00 is paid into escrow in accordance with Section 13 of this Agreement. (e) District and Seller shall share equally (50150) the escrow fees, the CLTA Standard Policy of Title Insurance, if required by District, and all recording costs and fees. All other costs or expenses not otherwise provided for in this Agreement shall be apportioned or allocated between District and Seller in the manner customary in Santa Clara County. All other escrow costs or expenses including current property taxes on the Property shall be pro- rated through escrow between District and Seller as of the Closing based upon the latest available tax information using the customary escrow procedures. (f) Seller shall cause First American Title Insurance Company, or other title company acceptable to District and Seller, to be prepared and committed to deliver to District, a CLTA Standard Policy of Title Insurance, dated as of the Closing, insuring District in the amount of$1,100,000.00 for the Property showing title to the Property vested in fee simple in District, subject only to: (i) current real property taxes, (ii) title exceptions 3, 5, 6, and 10 in Preliminary Title Report No. 515354 (Exhibit A, Santa Clara County) and exceptions 5, 6, and 7 in Preliminary Report No. 420923 (Exhibit B, San Mateo County), (iii) such additional title exceptions as may be approved in writing by District prior to the Closing as determined by District in its sole and absolute discretion. (g) Escrow Holder shall, when all required funds and instruments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled, cause the Grant Deeds and attendant Certificates of Acceptance to be recorded in the Office of the County Recorder of Santa Clara and San Mateo Counties. Upon the Closing, Escrow Holder shall cause to be delivered to District the original of the policy of title insurance required herein, and to Seller Escrow Holder's check for the Purchase Price of the Subject Property (less Seller's portion of the expenses described in Section 3(e), and to District or Seller, as the case may be, all other documents or instruments which are to be delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall return all monies, documents or other things of value deposited in the escrow to the party depositing the same. 4. Rights and Liabilities of the Parties in the Event of Termination. In.the event this Agreement is terminated and escrow is canceled for any reason, all parties shall be excused from any further obligations hereunder, except as otherwise provided herein. Upon any such termination of escrow, all parties hereto shall be jointly and severally liable to Escrow Holder for payment of its title and escrow cancellation charges (subject to rights of subrogation against any party whose fault may have caused such termination of escrow), and Purchase Agreement Page 4 each party expressly reserves any other rights and remedies which it may have against any other party by reason of a wrongful termination or failure to close escrow. 5. Leases or Occupancy of Premises. Seller warrants that there exist no oral or written leases or rental agreements affecting all or any portion of the Subject Property. Seller further warrants and agrees to hold District free and harmless and to reimburse District for any and all costs, liability, loss, damage or expense, including costs for legal services, occasioned by reason of any such lease or rental agreement of the Property being acquired by District, including, but not limited to, claims for relocation benefits and/or payments pursuant to California Government Code Section 7260 et seq. Seller understands and agrees that the provisions of this paragraph shall survive the close of escrow and recordation of any Grant Deed(s). 6. Seller's Reresentations and Warranties. For the purpose of consummating the sale and purchase of the Property in accordance herewith, Seller makes the following representations and warranties to District, which shall survive close of escrow, each of which is material and is being relied upon by District. (a ri . Seller has the full right, power and authority to enter into this Autho �tv g Po tY Agreement and to perform the transactions contemplated hereunder. (b) Valid and Binding Agreements. This Agreement and all other documents delivered by Seller to District now or at the Closing have been or will be duly authorized and executed and delivered by Seller and are legal, valid and binding obligations of Seller sufficient to convey to District the Subject Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which Seller is a party or by which Seller may be bound or any articles, bylaws or corporate resolutions of Seller. (c) Good Title. Seller has and at the Closing date shall have good, marketable and indefeasible fee simple title to the Subject Property and the interests therein to be conveyed to District hereunder, free and clear of all liens and encumbrances of any type whatsoever and free and clear of any recorded or unrecorded option rights or purchase rights or any other right, title or interest held by any third party except for the exceptions permitted under the express terms hereof, and Seller shall forever indemnify and defend District from and against any claims made by any third party which are based upon any inaccuracy in the foregoing representations. 7. Integrity of FLggg X. Except as otherwise provided herein or by express written permission granted by District, Seller shall not, between the time of Seller's execution hereof and the close of escrow, cause or allow any material physical changes on the Property. Such changes shall include but not be limited to grading, excavating or other earthmoving 1 Purchase Agreement Page 5 i activities, cutting or removing trees, shrubs, brush or other vegetation, and damaging or demolition of improvements or structures on the Property. 8. Rentback to Seller. District agrees to approve and execute before the close of escrow a Rental Agreement with Seller as further consideration for this conveyance, the main residence located on the Subject Property to Seller for a lease term not to exceed one (1) year. Said Rental Agreement shall be in the form attached as Exhibit C hereto and incorporated herein by this reference. 9. "As-Is" Purchase and Sale. District is purchasing the Property on an "As-Is", without warranties, express or implied, regarding the physical condition of the property or any patent or latent defects therein or thereon basis subject to the following conditions: (a) Within 10 days from the date Seller delivers an executed copy of this I Purchase Agreement to the District, Seller shall provide District with copies of all reports and documents in its possession regarding the improvements, physical, geologic and environmental condition of the Property known to Seller for District's inspection and review. This shall include true and complete copies of any reports concerning the presence of hazardous waste (including PCBs) on the Property., and any environmental audits, assessments, sampling or tests concerning hazardous wastes on the Property. These documents shall include but not be limited to: (1) Any Building, Septic Inspections or Pest Control Inspection Reports; (2) Any Water Tests or Well Inspections; (3) Any underground fuel oil tank inspection reports and tests; (4) Any Landslide or Geologic Reports; (5) Any Property Inspection Reports; (6) Hazardous Materials Disclosure; (7) Asbestos Disclosure; (8) Lead. Paint Disclosure; (9) Any Notice of Zoning or Building Violations with Santa Clara or San Mateo County, and any other reports pertaining to building or zoning ordinance compliance. (10) A list of repairs or improvements or alterations Seller has made to the Subject Property during Seller's ownership including any plans, specifications or building permits for such work. After the delivery of any and all such documents relating to the property, District shall have twenty-one (21) days to review any and all documents and complete any investigation or inspection of the Property required by it to satisfy itself regarding any concerns District may have related to these documents or to the physical condition of the Property including without limitation environmental, geologic, flood or safety conditions. District shall have the right at I Purchase Agreement g Page 6 all reasonable times to enter the Property to conduct or have conducted any environmental, soils or other physical studies or tests of the Property or its improvements it desires to conduct. Inspections and investigations of the Property conducted by the District shall be prearranged and consented to by the Sellers, which consent shall not be unreasonably withheld by Seller. District agrees to restore the Property to its condition before such investigations occurred, and shall indemnify Seller against any damages or liabilities resulting from such investigations, including mechanics and materialmen's liens. (b) If during the twenty-one (21) day investigation period, District determines that hazardous waste clean up, repairs, cleanup of garbage or debris, curing of building or zoning code violations or mitigation or remediation of a material nature of the physical condition Property, or any structure thereupon may be required, the District shall have the right, within such twenty-one (21) day period, to terminate this Agreement. Alternatively, within such twenty-one (21) day period District may request Seller to cure or remedy any condition at issue. Seller shall have the option, but not the obligation, to remedy . the condition to District's satisfaction within such period of time and upon such terms as are agreed to by District. (c) Within five (5) days of the date of District's written request to cure or remedy, Seller shall notify the District in writing whether it elects to cure or remedy said condition or conditions. If Seller notifies the District in writing of Seller's refusal to remedy any of such conditions to District's satisfaction, and if District does not notify Seller within five (5) days after the date of such notice that it is withdrawing such request, then this Agreement shall terminate at that time. 10. Hazardous Waste. (a) Definitions. The term "Hazardous Waste," as used herein, means any substance, material or other thing regulated by or pursuant to any federal, state or local environmental law by reason of its potential for harm to human health or the environment because of its flammability, tokicity, reactivity, corrosiveness or carcinogenicity. The term "Hazardous Waste" also includes without limitation, polychlorinated biphenyls, benzene, asbestos, petroleum, petroleum by-products, gas, gas liquids and lead. The term "Environmental Law" as used herein includes, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et seq.) and the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.) (b) Representations and Warranties. For the purpose of consummating the sale and purchase of the Property, Seller makes the following representations and warranties to j f Purchase Agreement Page a 7g District, which shall survive close of escrow, each of which is material and is being relied upon by District: (i) To the best of Seller's knowledge, without further inquiry the Property does not contain any Hazardous Waste or underground storage tanks; (ii) To the best of Seller's knowledge, without further inquiry Seller and the Property are in compliance with all applicable federal, state and local laws, statutes, ordinances, orders, guidelines, rules and regulations pertaining to Hazardous Waste or underground storage tanks; OR) To the best of Seller's knowledge, without further inquiry at the time Seller acquired the Property, Seller did not know that any Hazardous Waste was present, used, manufactured, handled, generated, stored, treated, discharged, buried or disposedd of on, under or about the Property, or had been transported to or from the Property; (iv) Seller has not undertaken, permitted, authorized or suffered, and will not undertake, permit, authorize or suffer the presence, use, manufacture, handling, generation, storage, treatment, discharge, release, burial or disposal on, under or about the Property of any Hazardous Waste, or the transportation to or from the Property, of any Hazardous Waste;* (v) To the best of Seller's knowledge, without further inquiry there is no pending or, to Seller's best knowledge, threatened litigation or proceedings before any administrative agency in which any person or entity alleges the presence, release, threat of release, placement on, under or about the Property, or the use, manufacture, handling, generation, storage, treatment, discharge, burial or disposal on, under or about the Property, or the transportation to or from the Property, of any Hazardous Waste; (vi) Seller has not received any notice that any governmental authority or any employee or agent thereof has determined, or threatens to determine, that there is a presence, release, threat of release, placement on, under or about the Property, or the use, manufacture, handling, generation, storage, treatment, discharge, burial or disposal on, under or about the Property, or the transportation to or from the Property, of any Hazardous Waste; (vii) Seller has had no communications and has made no agreements with any governmental authority or agency (federal, state or local) or any private entity, including, but not limited to,'any prior owners of the Property, relating in any way to the presence, release, threat of release, placement on, Purchase Agreement Pa e 8 under or about the Property, or the use, manufacture, handling, generation, storage, treatment, discharge, burial or disposal on, under or about the Property, or the transportation to or from the Property, of any Hazardous Waste. (c) Indemnily. Seller shall indemnify, defend and hold harmless District from and against any legal or administrative proceedings brought against District, and all claims, liabilities losses, damages, and costs, foreseen and unforeseen, including without limitation, attorney, engineering and other professional or expert fees, directly or indirectly arising from any breach of the warranties or representations contained in paragraph 10(b) hereof. 11. Waiver of Relocation Benefits and Statutory Compensation. Seller and District understand and agree that Seller may be entitled to receive certain relocation benefits and the fair market value of the Property described in Exhibit "A", as provided for by the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91- 646), the Uniform Relocation Act Amendments of 1987 (Public Law 100-17, Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Statutes, 246- 256) (42 U.S.C. §4601 et seq.), and the California Relocation Assistance Act, Government Code Section 7260 et seq. Seller hereby waives any and all existing and/or future claims or rights Seller may have to any relocation assistance, benefits, procedures, or policies as provided in said laws or regulations adopted thereunder and to any other compensation, except as provided in this Agreement. Seller has been advised by counsel as to the extent and availability of such benefits, procedures, notice periods, and assistance and freely and knowingly waives such claims, rights and notice periods except as set forth in this Agreement the fair market value of said Property, appraisals, etc., as provided for by said Federal Law and any corresponding California Government Code Sections. 12. Miscellaneous Provisions. Provi i n s. (a) Choice of Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties. (b) Attorneys' Fees. If either party hereto incurs any expense, including reasonable attorneys' fees, in connection with any action or proceeding instituted by reason of any default or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover from the other party reasonable expenses and attorneys' fees in the amount determined by the Court, whether or not such action or proceeding goes to final judgment. In the event of a settlement or final judgment in which neither party is awarded all of the relief prayed for, the prevailing party as determined by the Court shall be entitled to recover from the other party reasonable expenses and attorneys' fees. Purchase Agreement Page 9 (c) Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may: (i) extend the time for the performance of any of the obligations of the other party; (ii) waive any inaccuracies in representations and warranties made by the other party contained in this Agreement or in any documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the covenants contained in this Agreement or the performance of any obligations of the other party; or (iv) waive the fulfillment of any.condition that is precedent to the performance by such party of any of its obligations under this Agreement. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. (d) Rights Cumulative. Each and all of the various rights, powers and remedies of the parties shall be considered to be cumulative with and in addition to any other rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement. The exercise or partial exercise of any right, power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. (e) Notices. Whenever any party hereto desires or is required to give any notice, demand, or request with respect to this Agreement (or any Exhibit hereto), each such communication shall be in writing and shall be deemed to have been validly served, given or delivered at the time stated below if deposited in the United States jnail, registered or certified and return receipt requested, with proper postage prepaid, or if delivered by Federal Express or other private messenger, courier or other delivery service or sent by facsimile transmission by telex, telecopy, telegraph or cable or other similar electronic medium, addressed as indicated as follows: Seller: Jeffry Grainger and Maren Monsen 17287 Skyline Boulevard, Box 104 Woodside, CA 94062 (650) 482-4215 FAX (650) 482-4287 District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: L. Craig Britton, General Manager (650) 691-1200 FAX: (650) 691-0485 If n 1 f ' *facsimile sent b telegraph, acsimile co or cable a confirmed of such telegraphic,* a Y 8mP PY SPY �P or cabled notice shall promptly be sent by mail (in the manner provided above) to the addressee. Service of any such communication made only by mail shall be deemed complete on the date of actual delivery as indicated by the addressee's registry or certification receipt or 4 r Purchase Agreement Page 10 at the expiration of the third (3rd) business day after the date of mailing, whichever is earlier in time. Either party hereto may from time to time, by notice in writing served upon the other as aforesaid, designate a different mailing address or a different person to which such g c notices g Pe or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement shall excuse either party from giving oral notice to the other when prompt notification is appropriate, but any oral notice given shall not satisfy the requirement of written notice as provided in this Section. (f) Severabili1y. If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is bindingupon the artier the 'es that such po p park agree c determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement. (g) Counterparts. This Agreement may be executed in to counterparts,, � rP each of which shall be deemed as an original, and when executed 1 r to o together, shall Y constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instrument. (h) Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement. (i) Entire Agreement. This Agreement is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes*a complete and exclusive statement of the terms and conditions thereof, and it supersedes any and all prior correspondence, conver sations, negotiations, agreements or understandings relating to the same subject matter. (j) Time of Essence. Time is of the essence of each provision of this Agreement. (k) Survival of Covenants. All covenants of District or Seller which are expressly intended hereunder to be performed in whole or in part after the Closing, and all representations and warranties by either party to the other, shall survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs, successors and permitted assigns. (1) Assignment. Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obligations under this Agreement to any third party without the prior written approval of the other party. Purchase Agreement Page 11 I (m) Further Documents and Acts. Each of the parties hereto agrees to execute and deliver such further documents and perform such other acts as may be reasonably necessary or appropriate to consummate and carry into effect the transactions described and contemplated under this Agreement. (n) Binding on Successors and Assigns. This Agreement and all of its terms, conditions and covenant s are intended to be full effe ctive and binding, to the extent y g, to t permitted by law, on the successors s and permitted assigns of the parties hereto, (o) Broker's Commission. Seller and District individually represent that no real estate brokers or other third parties are involved in this transaction such that said third party would claim a commission, finder's fee or other entitlement. The Seller will indemnify the District from any such claim made by or through the conduct of the Seller and the District will indemnify the Seller from any such claim made by or through the conduct of the District, in connection with this transaction. (p) Captions. Captions are provided herein for convenience only and they form no part of this Agreement and are not to serve as a basis for interpretation or construction of this Agreement, nor as evidence of the intention of the parties hereto. (q) Pronoun References. In this Agreement, if it be appropriate, the use of the singular shall include the plural, and the plural shall include the singular, and the use of any gender shall include all other genders as appropriate. (r) Arbitration of Disputes. If a dispute arises out of or relates to this Agreement or the performance or breach thereof, the parties shall jointly select one arbitrator who shall be a retired or former judge of the Superior Court of California. The arbitration shall be conducted in accordance with the rules set forth in California Code of Civil Procedure Sections 1280 et. seq. Hearings shall be held in San Mateo County, California. If the parties are unable to agree upon an arbitrator, the arbitration shall be conducted by Judicial Arbitration and Mediation Services, Inc. in accordance with the rules thereof. If arbitration is required to resolve a dispute, it shall in all cases be final and binding. NOTICE: BY INITIALING IN THE SPACE BELOW, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING FROM THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSFSS.TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW, YOU ARE GAG UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO Purchase Agreement Page 12'4 ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING FROM THE MATTER INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION. rr l SELLER INIT BUYER W 13. Acceptance. Provi ed that this Agreement and the-attached Residential Rental Agreement is executed by Seller and delivered to District on or before August 21, 1998 , District shall have until midnight September 23, 1998 to accept and execute this Agreement, and during said period this instrument shall constitute an irrevocable offer by Seller to sell and convey the Property to District for the consideration and under the terms and conditions herein set forth. Said offer shall remain irrevocable during this period without the necessity of execution and acceptance of this Purchase Agreement by District. As consideration for said irrevocable offer, District has paid into escrow and Seller acknowledges receipt of the sum of Ten Thousand Dollars and No/100 ($10,000.00), which shall be applied to the Purchase Price asset forth in Section 2 hereof. Provided that this Agreement is accepted by District, this transaction shall close as soon as practicable in accordance with the terms and conditions set forth herein. 1\\ 1\\ \1\ \1\ 1\1 11\ 1\\ \\1 1\\ 1\1 111 111 111 \11 Purchase Agreement g Page 13 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof. DISTRICT: SELLER: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT J #p �- yr7iamger ACCEPTED FOR RECOMMENDATION Date: 2 / C � Michael C. Williams, Real Property 1 Representative Maren R. Monsen APPROVED AS TO FORM: Date: Sue Schectman, District Counsel NDED FOR APPROVAL: L. Crug Britton General Manager APPROVED AND ACCEPTED: President, Board of Directors ATTEST: District Clerk Date: C e First American Title Guaranty Company PRELIMINARY REPORT Note: Before the transaction contemplated by this report can be closed, the seller must furnish a correct Taxpayer Identification Number to us so that we can file an IRS Form 1099, or its equivalent, with the Internal Revenue Service. This procedure is required by Section 6045 of the Internal Revenue Code and the seller may be subject to civil or criminal penalties for failing to furnish a correct Taxpayer Identification Number. FIRSTAmERIcAN TITLE GUARANTY ALL INQUIRIES AND CORRESPONDENCE REGARDING THE ESCROW PERTAINING TO THE PROPERTY COVERED BY THE ATTACHED PRELIMINARY REPORT SHOULD BE DIRECTED TO THE ESCROW OFFICER WHOSE NAME APPEARS IN THE UPPER RIGHT HAND CORNER OF THE FOLLOWING PAGE AND WHOSE ADDRESS AND PHONE NUMBER ARE SET FORTH BELOW: First American Title Guaranty Company 601 Marshall Street Redwood City, CA 94063-161 650 367-9050 EXHIBIT I Pop-L-6f"1"-- -- PLEASE CALL YOUR ESCROW OFFICER IF YOUR ANSWER IS YES TO ANY OF THE FOLLOMNG QUESTIONS: Are your principals using a Power of Attorney? Are an of the parties in title Incapacitated or Deceased? Y P P Has a change in marital status occurred for any of the principals? a Will the property be transferred to a Trust, Partnership, Corporation or Limited Liability Company? Do the sellers of the property reside outside of California? Is the property the subject of a Tax Deferred Exchange? IN ORDER TO SERVE YOU BETTER, WE ASK THAT YOU REMEMBER: All parties signing documents must have a valid photo Identification card, Driver's License or Passport for notarial acknowledgement.. Please call your Escrow Officer with the.loan or lien payoff information, if required, so that we may order the payoff demand in a timely manner; or advise Escrow Officer if loan is beingassumed b buyer. Y Y If parties are obtaining a loan, your Escrow Officer will need to have the. fire/hazard insurance agent name and phone number to add the new lender on the policy as a loss payee. If there is to be a change'of ownership, it will be necessary for parties to indicate how they would like to vest title. We have a worksheet available briefly explaining various methods of holding title; please request one from us. The method of holding title (vesting) has certain legal and/or tax consequences and parties are encouraged to obtain advice from an attorney, CPA or other professional in this matter. EXHIBIT Page_e..of_.LL__ 1� t073198ee APPLICANT: YOUR CONTACT PERSON IS :Tina Davis TELEPHONE NUMBER (650) 367-9050 TITLE ORDER NO. 515354 First American Title Company TITLE COORDINATOR Robert Tidd Attention: Tina Davis TITLE OFFICER Michael D. Hickey 601 Marshall Street ESCROW ORDER NO. 279970 Redwood City, CA 94063-161 PROPERTY ADDRESS 1185 Skyline Boulevard Palo Alto, CA Subject to a minimum charge required by Section 12404 of the Insurance Code. The form of policy of title insurance contemplated by this report is: AN AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE,AND A SPECIFIC REQUEST SHOULD BE MADE IF ANOTHER FORM OR ADDITIONAL COVERAGE IS DESIRED. In response to the referenced application for a policy of title insurance, this Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy of Title Insurance in the form specified above, describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy form. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are attached. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is Important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Sandra J. Wing Vice President EXHIEIT Page off Order No. 515354 Page No. 2 Dated as of June 30, 1998 at 7:30 a.m. Title to said estate or interest at the date hereof is vested in: JEFFRY J. GRAINGER and MAREN R. MONSEN, husband and wife, as community property The estate or interest in the land hereinafter described or referred to covered by this Report is: A FEE AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. PROPERTY TAXES, including any assessments collected with taxes, for the fiscal year 1998-1999, a lien not yet due or payable. 2. THE LIEN of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 3. ANY EASEMENT for water course over that portion of said land lying within Stevens Creek and any changes in the boundary lines of premises that have occurred or may hereafter occur from natural causes and by imperceptible degrees, together with any rights and easements for'navigation and fishery which may exist over that portion of said land lying beneath the waters. 4. LACK OF RECORD ACCESS to any public street or highway. •. 5. EASEMENT for the purposes stated herein and incidents thereto Purpose Power line running from an existing well Reserved by Y: Te nharo Woodward, et ux Recorded September 12, 1966 In Book 7499, page 569, Official Records Affects 20 feet in width,lying 50 feet Southeasterly of the angle point formed by the above-mentioned courses North 300 00' 43".East 319.81 feet and North 310 51' 28" East 1347.78 feet and Skyline Boulevard. 6. THE EFFECT of that certain"Resolution Altering Boundaries of the Agricultural Preserve in the County of Resolution Altering Boundaries of the Agricultural Preserve" Recorded February 28, 1973 in Book 257, page 263, Official Records. EXHIBIT Page j_OU __ Order No. 515354 Page No. 3 i 7. A DEED OF TRUST to secure an indebtedness in the original principal sum shown below and any other amounts and/or obligations secured thereby Amount $400,000.00 Dated January 14, 1997 Trustor Jeffry J. Grainger and Maren R. Monson, husband and wife Trustee Fidelity National Title Insurance Company Beneficiary First Republic Savings Bank Address 101 Pine Street, San Francisco, CA 94111-5312 Loan/Ref. No. 12-0209692 Recorded January 31, 1997, under Series No. 13597131, Official Records. 8. A DEED OF TRUST to secure an indebtedness in the original principal sum shown below and any other amounts and/or obligations secured thereby Amount $2609000.00 Dated January 14, 1997 Trustor Jeffry J. Grainger and Maren R. Monsen, husband and wife Trustee Fidelity National Title Insurance Company Beneficiary First Republic Savings Bank Address 101 Pine Street, San Francisco, CA 94111-5312 Loan/Ref. No. 60-0215715 Recorded January 31, 1997, under Series No. 13597132, Official Records. 9. THE TERMS AND PROVISIONS of any unrecorded leases, including, but not limited to, any options to purchase or rights of first refusal contained therein. 10. Matters which may be disclosed by an inspection or by a survey of said land that is satisfactory to this Company, or by inquiry of the parties in possession thereof. INFORMATIONAL NOTES A) LENDER'S SPECIAL INFORMATION According to the public records, there have been no deeds conveying the herein described property recorded within two years prior to the date thereof except as follows: GRANT DEED From Nathaniel D. Sherrill and Jan W. Sherrill, husband and wife To Jeffry J. Grainger and Maren R. Monson, husband and wife, as community property Recorded January 31, 1997, under Series No. 13597130, Official Records. (INFORMATIONAL NOTES CONTINUED NEXT PAGE) EXHIBIT Page ot_.0 -,_ Order No. 515354 Page No. 4 INFORMATIONAL NOTES: Continued B) TAX NOTE BOTH installments of taxes for the fiscal year 1997-1998 have been paid in full 1 st installment $803.90 2nd installment $803.90 Land $24,003 Improvements $110,114 Personal Property $-0- Exemption $7,000 A.P. No. 351-06-017 Code Area 06-031 C) ADDITIONAL TAXES for the fiscal year 1997-1998, paid in full 1 st Installment $-0- 2nd Installment $96.00 A. P. No. 351-06-017-M8 D) SHORT TERM rate applies. Current vestees were last insured on January 31, 1997. E) The City of Palo Alto imposes a property transfer tax of$3.30 for each $1,000.00 or fractional part thereof of the total consideration. F) SALE of said land is subject to the County of Santa Clara Transfer Tax of$1.10 per thousand based on equity transferred. G) Collect $10.00 (per parcel) user fee for each Grant Deed for County Monument Preservation Fund. H) IN CONNECTION with the above-numbered transaction, the following address will be shown on any 116 endorsement issued to an approved lenders policy. 1185 Skyline Boulevard Palo Alto, CA EXHIBIT Page .& Order No. 515354 Page No. 5 LEGAL DESCRIPTION i REAL PROPERTY in the City of Palo Alto, County of Santa Clara, State of California, described as follows: Commencing at a point on the property line common to the lands now or formerly owned by Hugh Lambert Ross and the lands now or formerly owned by Domberger, which point bears Northeasterly along said common line 297.00 feet from a post marked "D-4," said point lying on the centerline of Skyline Boulevard (100 feet wide) at Engineer's Station "L" 39+51.00 Point on Tangent of the Department of Public Works Survey for the State Highway between Alpine Road and Saratoga Gap. Road IV-SM-SCL-55-E, as described in that certain Grant Deed from Edwin F. and Barbara K. Albertsworth to the State of California, as filed in Volume 826 of Official Records of San Mateo County, at page 119; thence from said point of commencement along said property line common to the lands of Ross and Domberger North 540 22' 20" East 55.06 feet to a point on the Northeasterly line of said Skyline Boulevard, said point being the true point of beginning of the parcel to be described; thence from said true point of beginning along said Northeasterly line of Skyline Boulevard South 600 23' 30" East 731.75 feet; thence leaving said Northeasterly line of Skyline Boulevard North 300 00' 43" East 319.81 feet; thence North 310 51' 28" East 1347.78 feet; thence North 620 43' 40" West 375.00 feet; thence North 270 16' 20" East 305.45 feet to a point on the centerline of Stevens Creek; thence along the centerline of Stevens Creek the following courses and distances: North 240 50' 40"West 97.75 feet; South 40 55' 00"West 80.38 feet; South 490 58' 00"West 37.60 feet and North 41° 45'00"West 158.43 feet to the Northwest corner of that certain 182.64 acre tract described as Parcel 1 in the Deed to Charles S. Howard Jr., recorded August 4, 1944 in Book 1212 of Official Records of Santa Clara County, at page 296; thence leaving the centerline of Stevens Creek and along the Northwesterly line of said 182.64- acre tract South 300 00' 43" West 1566.40 feet to an iron pipe monument; thence continuing along said Northwesterly line South 540 22' 20" West 428.71 feet to the true point of beginning. Excepting therefrom all the above described property lying within the County of Santa Mateo, State of California. APN: 351-06-017 ARB: 351-06-017 EXHIBIT Page���_ FIR_STAMERIGAN FIRST AMERICAN TITLE GUARANTY COMPANY 1737 North First Street, San Jose, CA 95112 (408) 451-7800 TITLE GUARANTY NO E In accordance with Section 18662 of the Revenue and Taxation Code, a buyer may be required to withhold an amount equal to three and one-third percent of the sales price in the case of the disposition of California real property interest by either: 1. A seller who is an individual with a last known street address outside of California or when the disbursement instructions authorize the proceeds to be sent to a financial intermediary of the seller, OR 2. A corporate seller which has no permanent place of business in California. The buyer may become subject to penalty for failure to withhold an amount equal to the greater of 10 percent of the amount required to be withheld or five hundred dollars ($500). However, notwithstanding any other provision included in the California statutes referenced above, no buyer will be required to withhold any amount or be subject to penalty for failure to withhold if: 1. The sales rice of the California real property conveyed does not exceed one hundred thousand dollars P P P Y Y ($100,000), OR 2. The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a resident of California, or if a corporation, has a permanent place of business in California, OR 3. The seller, who is an individual, executes a written certificate, under the penalty of perjury, that the California real property being conveyed is the seller's principal residence (as defined in Section 1034 of the Internal Revenue Code). The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement. The California statutes referenced above include provisions which authorize the Franchise Tax Board to grant reduced withholding and waivers from withholding on a case-by-case basis. The parties to this transaction should seek an attomey's, accountant's or other tax specialist's opinion concerning the effect of this law on this transaction and should not act on any statements made or omitted by the escrow or closing officer. EXHIoIT Page 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1970 rr "ITH A.L.T.A. ENDORSEMENT FORM 1 Cr 'AGE CHEDULE OF EXCLUSIONS FROM CO\ 3E Any law,ordinance or governmental regulation (including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupan of the land,or regulating the character,dimensions or location of any improvement now or hereafter erected on the land,or prohibiting a separation in ownership or a reduc; in the dimensions or area of the land,or the effect of any violation of any such law ordinance or governmental regulation. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. Defects,liens,encumbrances.adverse claims, or other matters(a)created,suffered,assumed or agreed to by the insured claimant, (b)not known to the Company and not she by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by thus policy or acquired insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder,(c)icy or in re ,r or damage to the insured claimant,(d)attaching or created subsequent to Date of policy(except to the extent insurance is afforded herein as to an statutoryresulting or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). y lien for labor or mate Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with appka:"doing business"laws of the state in which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragrapt above are used and the following exceptions to coverage appear in the policy SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose, and which are not shown by pubic records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof,water rights,claims or title to water. 6. Any lien,or right to alien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1992 WITH A.L.T.A.ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or dagigge,costs,attorneys'fees or expenses which arise by reason of: 1. (a)'Any law,ordinance or governmental regulation (including but not limited to building and zoning laws,ordinances,or regulations) restricting, regulating,prohibiting or relatir to(i)the occupancy,use,or enjoyment of the land;(ii) the character,dimensions or location of any improvement now or hereafter erected on the land; (iB) a separation i ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation c these taws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting fror a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy; (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,fien or encumbrance resulting fror a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking whit has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) created,suffered,assumed or agreed to by the insured claimant, (b) not known to the Company,not recorded in the public records at Date of Policy, but known to the insured claimant and riot disclosed in writing to the Company by the insure claimant prior to the date the insured claimant became an insured under this policy (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy(except to the extent that this policy insures the priority of the Bert of the insured mortgage over any statutory Ben for services,labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy);or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the Ben of the insured mortgage because of the inabil'ity'or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of th indebtedness,to comply with applicable "doing business'laws of the state in which the land is situated. 5. Invalidity or unenforceabrTdy of the Ben of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upo usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services,labor or materials(or the claim of priority of any statutory Ben for services,labor or materials over the Ben of the insured mortgage)arising fror an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of th indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim,which arises out of the transaction creating the interest of the mortgagee insured by this policy,by reason of the operation of federal bankruptcy,state insolvenc} or similar creditors'rights laws,that is based on: (1) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer,or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination: or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a)to timely record the instrument of transfer,or (b)of such recordation to impart notice to a purchaser for value or a judgment r P I gme o lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy ttte exclusions set forth in paragraph 6 above ah used and the following exceptions to coverage appear in the policy. EXHIBIT Pam-_ E of _ 5GHtUULE 5 T`iis policy toes not insure against loss or damar i the Company will not pay casts,attoreys'fees or exp which arise by reason of: 1. Taxes or assessments which are not shown ng liens by the records of any taxing authority that lev or assessments on real property or by the public records. #4 Any facts,rights, interests,or claims which a, ,hown by the public records but which could be ascertain. ,an inspection of said land or by making inquiry of persons possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by public records. 5. Unpatented mining claims: reservations or exceptions in patents or in Acts authorizing the issuance thereof,water rights,claims or title to water. 6. Any lien, or right to a lien, for services,labor or material theretofore or hereafter fumished,imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY- 1992 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation (including but not limited to building and zoning laws,ordinances,or regulations)restricting,regulating,prohibiting or relatir to(i)the occupancy,use,or enjoyment of the land: (fn) the character dimensions or location of any improvement now or hereafter erected on the land: (iii)a separation ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection or the effect of any violation c these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. i (b . Any governmental PoIn ce power not excl uded by a above except to the extent t that a notice o/ exercisethe thereof or a notice of a defect,lien or encumbranc e resulting fror a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking whir has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects.liens,encumbrances,adverse claims or other matters: a created suffered assumed or agreed to b the insured claimant;O g y e s ed cia a t, (b) not known to the Company,not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date insured p the red claimant became an Insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy,or ' (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, stag insolvency, or similar creditors'rights laws that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer,or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a)to timely record the instrument of transfer,or (b)of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY- 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above ar, used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments or real property or by the public records. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making Inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof,water rights,claims or title to water. 6. Any lien,or right to a lien, for services,labor or material theretofore or hereafter famished,imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY- 1987 EXCLUSIONS In addition to the Exceptions in Schedule B,you are not insured against loss,costs,attorneys'fees and expenses resulting from: 1. Govemm ental police power,and the existence or violation of any law or government regulation.This includes building and zoning ordinances and also laws and regulations concerning: •land use •land division •improvements on the land •environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it,unless •a notice of exercising the right appears in the public records on the Policy Date •the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: •that are created,allowed, or agreed to by you •that are known to you,but not to us,on the Policy Date-unless they appeared in the public records •that result in no loss to you •that first affect your title after the Policy Date-this does not limit the labor and material lien coverage in Item 8 of Covered T'ttte Risks 4. Failure to pay value. 5. Lack of a right: •to any land outside the area specifically described and referred to in Item 3 of Schedule A.or •in streets,alleys,or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks Page-/fl—of� CDIaryLLD NI U71rsOtWM�t MM 11C.227 of Twe RV[MW 1 TAXATWH Curt 10 11 �P tFIOCTN[CAT[•M18930P II 12 ALFRED E.CAMSOM' IS 14 (I6000 AC-) (120.00 AC) j (40.00 AC.) 25 i 8� SAN MA7E0 COUNTY � _ ``✓ i ASSESS60 \ Y ON 5'. P.O.'IZ9114 e -- W�! k i .. f ^} p ~t' kv +rats s RCS u I y 160.00 AC.TOTAL AGF MILL '�4r RO. _ ' _ CITY OF oµO ALTO-.-•~;yf I Q 277 S+ 1.361 AC. _ s7s f 1121174 su,s,• I W.B. 1" - 800• J` Y f3 ,AONTE8f�1p I II 1 I MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ` JraX tF.Jn HO O a10 843.46 AC.NET TOTAL v� I atK _ n7 x " ` :foulI '^ •� I 6 t.^ 22 23,\ X•J5/4173 I 23 2S e�x �/s ;r�riJOJf7S I X•J570J7S /7 g�,ar,e2r�� 12 �.f� a+ W.B.C. �� •a � I 20.73 AC. I 4' OF �(19.27 AC.) ate, sk SAN MATEO t:i�.T t'�•.t COUNTV +Mi S� AMER,, ti� C9 4 ?� First American Title Company PRELIMIlNTARY REPORT �X4Hi�iT r EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys fees or expenses)which arise by reason of 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.Proceedings by a public agency whicr may result in taxes or assessments,or notice of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Any facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements,liens or encumbrances,or claims thereof,which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines.shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by the public records. 5. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof;(c)water rights,claims or title to water,whether or not the matters excepted under(a),(b),or(c) are shown by the public records. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'tees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,of regulations)restricting.regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(ill)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part:or(iv)environmental protection,or the effect of arty violation of these taws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encurthbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims,or other matters: (a) whether or not recorded in the public records at Date of Policy,but created,suffered,assumed or agreed to by the Insured claimant: (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the inured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy;or (e) resulting in loss or damage which would not have been sustained it the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of te.indebtedness,to comply with the applicable "doing business'laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage.or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender,by reason of to operation ol federal bankruptcy,state insolvency or similar creditors•rights laws. 2.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. My law.ordinance or govemmenal regulation(including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy,use or enjoyment of the land,or regulating the character, dimension or location of any improvement now or hereafter erected on the land,or prohibiting a separation in ownership or a reduction in the dimension of area of the land,or the effect of any violation of any such law,ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects.liens.encumbrances,adverse claims,or other matters(a)created,suffered,assumed or agreed to by the insured claimanL(b)not known to the Complany and not shown by the public records bit lahoum to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the inured claimant to the Company prior to the date such insured claimant became an insured hereunder.(c)resulting in no loss or damage to the insured claimant:(d)attaching or created subsequent to Dale of Policy:or(e)resulting in loss or damage which would not have i 1 been sustained h the inured claimant had paid value for the estate or interest insured by policy. this tic. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 WITH REGIONAL EXCEPTIONS When the American land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following Part One 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts,rights.interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of person in possession thereof. 3 Easements.claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose.and which are not shown by public records. 5. Unpatenled mining claims:reservations or exceptions in patents or in Acts authorizing the issuance thereof,water rights.claims or title to water. 'SI T6. Any lien,or right to a lien,for services.labor or material heretofore or hereafter furnished.imposed by law and not shown by the public records. GIu1 6- Page.�..aft Order No. 42m3 FIRST AM ERICAN TITLE COMPANY FIRST LOOK CHECKLIST PLEASE CALL YOUR ESCROW OFFICER IF YOUR ANSWER IS YES TO ANY OF THE FOLLOWING QUESTIONS? *Are your principals using a Power of Attorney? *Are any of the parties in title Incapacitated or Deceased? *Has a change in Marital Status occurred for any of the principals? *Will the property be transferred to a new Trust Partnership or Corporation? *Do the sellers of the property reside Out of State? *Is the property the subject of an Exchange? REMEMBER, ALL PARTIES SIGNING DOCUMENTS MUST HAVE A VALID PHOTO I.D. OR DRIVERS LICENSE FIRST AM ERICAN TITLE COMPANY INFORMATION FOR YOUR SUCCESS EXHIB r Page Order No. 42023 SUPPLEMCNTAL PRELIlIvIINARY REPORT FIRST AMERICAN TITLE COMPANY 601 Marshall Street, Redwood City, CA 94063 (650) 367-9050 - ESCROW FAX (650) 569-2738 MID-PENINSULA REGIONAL OPEN SPACE DISTRICT Attn: Mike Williams 330 Distel Circle Los Altos, CA 94022 Customer's Reference: Form of Policy Coverage Requested: ALTA LOAN POLICY - 1992 AND CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY- (1992) OR AMERICAN LAND TITLE ASSOCIATION OWNER POLICY- (1992) WITH REGIONAL EXCEPTIONS In response to the above referenced application for a policy of title insurance, this Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance, describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from.coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Dated as of July 15, 1998 at 7:30 a.m. ESCROW OFFICER: TINA DAVIS ASSISTANT: MARIA GUTIERREZ Page 1 EXHIBIT Page, 1' ._oL L-3- SUPPLEMENTAL P `)RT Order No. 420923 Title of said estate or interest at the date hereof is vested in: JEFFRY J. GRAINGER AND MAREN R. MONSEN, husband and wife, as Community Property The estate or interest in the land hereinafter described or referred to covered by this Report is: A FEE The land referred to in this Report is situated in the State of California, County of San Mateo, and is described as follows: BEGINNING at a point on the property line common to the lands now or formerly owned by Hugh Lambert Roses and the lands now or formerly owned by Domberger, which point bears Northeasterly along said common line 297.00 feet from a post marked "D-4", said point lying on the centerline of Skyline Boulevard (100 feet wide) at Engineer's Station "1" 39+51.00 point on Tangent of the Department of Public Works survey for the State Highway between Alpine Road and Saratoga Gap. Road-IV-SM-SCL-55-E, as described in that certain Grant Deed from Edwin F. and Barbara K. Albertsworth to the State of California, as filed in Volume 826 of Official Records at page 119, Records of San Mateo County, California; thence from said point of beginning along said property line common to the lands of Ross and Domberger, North 54° 22' 20" East 55.06 feet to a point on the Northeasterly line of said Skyline Boulevard, said point . being the true point of beginning of the parcel to be described: THENCE from said true point of beginning, along said Northeasterly line of Skyline Boulevard, South 60' 23' 30" East 731.75 feet; thence leaving said Northeasterly line of Skyline Boulevard., North 30" 00" 43' East 319.81 feet; thence North 31° 51' 28" East 1347.78 feet; thence North 310 51' 28" East 1347.78 feet; thence North 62°*43' 40" West 37500 feet; thence North 27° 16' 20" East 305.45 feet to a point on the centerline of Stevens Creek; thence along the centerline of Stevens Creek the following courses and distances: North 24° 50' 40" West 97.75 feet; South 4° 55' 00" West 80.48 feet; South 49° 58' 00" West 37.60 feet and North 410 45' 45' 00" West 158.43 feet to the Northwest comer of that certain 182.64 acre tract described as Parcel 1 in the Deed to Charles S. Howard, Jr. recorded August 4, 1944 in Book 12.12 of Official Records of Santa Clara. County at page 296; thence leaving the centerline of Stevens Creek and along the Northwesterly line of said 182.64 acre tract, South 30° 00' 43" West 1566.40 feet to an iron pipe monument; thence continuing along said Northwesterly line, South 540 22' 20" West 428.71 feet to the true point of beginning. EXCLUDING THEREFROM all the above described property lying within the County of Santa Clara, State of California. Said lands also being described as a portion of Parcel "A" as shown on that certain map entitled "PARCEL MAP IN THE CITY OF PALO ALTO, COUNTY OF SANTA CLARA AND THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, BEING A DIVISION OF A PORTION OF SECTION 15, 22 AND 23, TOWNSHIP 7 SOUTH, RANGE 3 WEST, MOUNT DIABLO BASE AND MERIDIAN", filed in the office of the County Recorder of San Mateo County, State of California, on December 1, 1966 in Volume 2 of Parcel Maps at page 23. Page 2 EXHIBIT Page of_1____ SUPPLENJ ENTAL R /RT Order No. 420923 • A.P. No.: 080-302-020 JPN 080 030 302 02 A At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: 1. General and Special Taxes for the fiscal year 1998-99, now alien, amount not yet ascertainable. 2. General and Special Taxes for the fiscal year 1997-1998, in the amount of$93.02 each installment, has been paid in full. Code Area: 066-022 A.P. No.: 080-302-020 3. Supplemental Taxes for the fiscal year 1996-97 in the amount of $172.05, each installment have been paid in full. Valuation Date January 31, 1997 Tax Lien Number Not shown Parcel No.: 96-080-302-020-5-01 Supplemental Taxes for the fiscal year 1997-98 in the amount of $407.84, each installment have been paid in full. Valuation Date January 31, 1997 Tax Lien Number Not shown Parcel No.: 97-080-302-020-5-01 4. The Lien of Supplemental Taxes assessed pursuant to Chapter 3.5, commencing with Section 75 of the California Revenue and Taxation Code. 5. EASEAUNT for any existing public or private roads. 6. RIGHT OF WAY over the herein described property, as granted in Deed: From: Edith Van Antwerp and William C. Van Antwerp, wife and husband To: Pacific Gas and Electric Company, a California corporation Dated: August 10, 1932 Recorded: August 27, 1932 Document No.: 13592-C Book/Reel 570 of Official Records at page/image 426, Records of San Mateo County, California. Grants Right of Way for poles, wires and anchors. Page 3 "HISIT Q Page off SUPPLEMENTAL R' )RT Order No. 420923 7. RESERVATION contained in Deed: From: Teynham Woodward and Marie Woodward, his wife To: Darlene Dawn Smith, a married,woman, as her sole and separate property Recorded: September 7, 1968 Document No.: 94411-Z Book/Reel 5212 of Official Records at page/image 606, Records of San Mateo County, California. Reserving therefrom an easement 20 feet in width, covering a power line running from an existing well lying 50 feet Southeasterly of the angle point formed by the above-mentioned courses, North 30° 00' 42" Fast 319.81 feet and North 31* 51' 28" East 1347.78 feet and Skyline Boulevard." 8. DEED OF TRUST to secure an indebtedness in the original amount of$400,000.00 and any other amounts and/or obligations secured thereby, Trustor: Jeffry J. Grainger and Maren R. Monsen, husband and wife Trustee: Fidelity National Title Insurance Company Beneficiary: First Republic Savings Bank Dated: January 14, 1997 Recorded: January 31, 1997 Document No.: 97011522 of Official Records of San Mateo County, California_. Beneficiary's Address - 101 Pine Street, San Francisco, CA 94111-5312 Loan No. - 12-0209692 9. ADJUSTABLE INTEREST RATE/REVOLVING LINE OF CREDIT DEED OF TRUST to secure an indebtedness in the original amount of$260,000.00 and any other amounts and/or obligations secured thereby, Trustor: Jeff J. Grainger and Maren R. Monsen husband Jeffry g and wife Trustee: Fidelity National Title Insurance Company Beneficiary: First Republic,Savings Bank Dated: January 14, 1997 Recorded: January 31, 1997 Document No.: 97011523 of Official Records of San Mateo County, California. Beneficiary's Address - 101 Pine Street, San Francisco, CA 94111-5312 Loan No. - 60-0215715 Page 4 EXHIBIT 16 Page.;� O 13..- SUPPLEMENTAL R )RT Order No. 420923 INFORMATION NOTES: A. Notwithstanding the exclusions from coverage as set forth under "Exclusions" any ALTA Residential Owner's Policy issued by First American Title on the herein described land shall contain in Schedule B, Part I, the following exception from coverage: Any rights, interest, or claims of parties in possession of the land not shown by the public records. Any easement or liens not shown by the public records. This does not limit the lien coverage in item 8 of covered title risks. Any facts about the land which a correct survey would disclose and which are not shown by the public records. This eliminates the forced removal coverage in item 12 of covered title risks. B. The City of San Mateo imposes a property transfer tax of 1h of I% of total consideration. C. Order Date: August 26, 1996 Short term rate date: January 31, 1997 D. LENDER'S SPECIAL INFORMATION There have been no deeds recorded within the last two years prior to the date of this report, affecting the herein described property. EXCEPT GRANT DEED From: Nathaniel D. Sherrill and Jan W. Sherrill, husband and wife To: Jeffry J. Grainger and Maren R. M_ onsen, husband and wife, as Community Property Dated: January 17, 1997 Recorded: January 31, 1997 Document No.: 97011521 of Official Records of San Mateo County, California. Effective January 1, 1992 all notarial acknowledgment forms must comply substantially with the language contained in California Civil Code Section 1189 entitled "General form of certificate of acknowledgment" pursuant to Senate Bill 2251, Chapter 1070 of Statutes of 1990. Any documents executed on or after January 1, 1992 and acknowledged in the State of California by a notary public containing other notarial forms of acknowledgments may not be acceptable for recordation. First American Title will make the form available upon request. NOTE: Before the transaction contemplated by this report can be closed, the seller must furnish a correct Taxpayer Identification Number to us so that we can file an IRS form 1099, or its equivalent, with the Internal Revenue Service. This procedure is required by Section 6045 of the Internal Revenue Code and e th seller may be subject iv'to civil or crim inalpenalhes for failing to furnish a correct Taxpayer Identification Number. Page 5 EXHIBIT -6 paged# f SUPPLEMENTAL R )RT Order No. 420923 WARNING "THE MAP ATTACHED HERETO MAY OR MAY NOT BE A SURVEY OF THE LAND DEPICTED THEREON. YOU SHOULD NOT RELY UPON IT FOR ANY PURPOSE OTHER THAN ORIENTATION To THE GENERAL LOCATION OF THE PARCEL OR PARCELS DEPICTED. FIRST AMERICAN EXPRESSLY DISCLAIMS ANY L1ARI1XrY FOR ALLEGED LOSS OR DAMAGE WHICH MAY RESULT FROM RELIANCE UPON THIS MAP*. NOTICE Section 12413.1 of the California Insurance Code effective January 1, 1990, requires that any Title Insurance Company, underwritten Title Company,or controlled Escrow Com pany handling funds in an escrow or sub-escrow capacity,wait a specified number of days after depositing funds,before recording any documents in connection with the transaction or disbursing funds. This statute alloivs for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of dim to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. If you have any questions about the effect of this new law,please contact your local First American Office for more details. NOTE: This report is subject to a cancellation charge as required by Sections 12404,et seq.,of the Insurance Code of the State of California and Rule No. 2 of Department of Insurance Bulletin No. Ns. 35 E. O.N. MN/bl/p Page 6 EXHIBIT page i of Order No. 420923 a 5 ` t4 9 k, ,f NOTICE In accordance with Sections 18662 and 18668 of the Revenue and Taxation Code, a buyer may be required to withhold an amount equal to three and one-third percent of the sales price in the case of the disposition of California real property interest by either: 1. A seller who is an individual with a last known street address outside of California or when the disbursement instructions authorize the proceeds be sent to a financial intermediary of the seller, OR 2. A corporate seller which has no permanent place of business in California. The buyer may become subject to penalty for failure to withhold an amount equal to the greater of 10 percent of the amount required to be withheld or five hundred dollars ($500.00). However, notwithstanding any other provision included in the California statutes referenced above, no buyer will be required to withhold any amount or be subject to penalty for failure to withhold if: 1. The sales price of the California real property conveyed does not exceed one hundred thousand dollars ($100,000), OR 2. The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a resident of California, or if a corporation, has a permanent place of business in California, OR 3. The seller, who is an individual, executes a written certificate, under the penalty of perjury, that the California real property being conveyed is the seller's principal residence (as defined in Section 1034 of the Internal Revenue Code). The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement. The California statues referenced above include provisions which authorize the Franchise Tax Board to grant reduced withholding and waivers from withholding on a case-by-case basis. The parties to this transaction should seek an attorne 's accountant's or other tax s ecialist's opinion Y p. . P concerning the effect of this law on this transaction and should not act on any statements made or omitted by the escrow or closing officer. Form No. 4WI (3/92) EXHIBIT_ Page 1 f1 of-L-L i nl�u,,,i,1u y depicted hereon. You shou!d not i e!y upon it for any purpeso other then cricitaticn to the general location of tha parcel cr porcc!s dapicted. First American expressly disclaims any liability for alleged loss or damage which may result from reliance upon this map. i TRWREDI 1-800-345-7334 Frrrr" , sc,ur 11 Ills or iu W CH TAX CODE AREA__ 80-30 2/ 22 N10•JOM NtJ.� \ _ A CO O N7J•M ia.JJr rr'.s �� "'►, a 302 U • O Afy ~3 b•y gyp. 4Po \ ,o� 0 GC .s lrsP''s ' J Sot �, r7 0) s w 1 C) Q) Q Q) f`\ LPARCEL MAP VOL 2123 W a O.M. AJJiSSORIS uw cOUNrY of S4N NI/t0,c.aujr - LA HOAOA-PES'CADERO 4I PIED SCHOOL DISTRICT ,MERICAN LAND TITLE ASSOCIATION LOAN POL 1970 s WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE ' SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law,ordinance or governmental regulation(including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy,use or enjoyment of the land,or regulating the character, dimensions or location of any improvement now or hereafter erected on the land,or prohibiting a separation in ownership or a reduction in the dimensions or area of the land,or the effect of any violation of any law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. T Defects,liens,encumbrances,adverse claims,or other matters(a)created,suffered,assumed or agreed to by the insured claimant.(b)not known to the Company and not shown by the public records dot known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing b the cordinsured claimant to the Company prior to the date such insured claimant became an insured hereunder;(c)resulting in no loss or damage to the insured claimant(it)attaching or created subsequent to Date of Policy(except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable'oing business'laws of Me state in which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1970 WITH REGIONAL EXCEPTIONS When the American land Title Association lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy,the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any tasting authority that levies taxes or assessments on real property or by the public records. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by malting inquiry of person in possession thereof. 3. Easements.claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines.shortage in area,encroachments,or,any other facts which a correct survey mould disclose,and which are not shown by public records. 5. Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. 6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting,regulating,prohibiting or relating to(i)the occupancy,use.or efjoynn inn of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change'in the dimensions or area of the and or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances of governmental regulation,except to the extent that a notice of the enlacement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Arry governmental police power riot excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage arty taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the iosumd claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy(except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services,labor or material or qte extent li surarwx is afforded herein as to assessments for street improvements under construction or completed at date of policy);or (e) resulting in loss or damage which world not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with applicable 'doing business'laws of the state in which the lard is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any cortsu mer credit protection or truth in lending law. 6. Any statutory lien for services,tabor or materials(or the claim of priority of any statutory lien for services,tabor a materials over the lien of the insured mortgage)arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is riot financed in whole or in pat by proceeds of the indebtedness secured by the insured,mprtgage which at Date of Policy dt insured has advanced or is obligated to advance. 7. Any claim,which arises out of the transaction creating the interest of the mortgagee insured by this policy,by reason at the operation of federal bankruptcy,state Insolvency,a similar credllore rights lm that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer;or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination;or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: ����//u'�'� I GA a to timely record the instrument 1{) y e strume i o transfer,or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 3 � Page off_____ 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1992 WITH REGIONAL EXCEPTIONS When the American land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following aceptions to coverage appear in the policy. SCHEDULE 8 w This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'lees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements.claims of easement or encumbrances which are not showgby the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by public records. 5. Unpatented mining claims:reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. 6. Any lien,or right to a lien,for services.labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-1992 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws.ordinances,or regulations)restricting,regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land.(ii)the character,dimensions or location of any improvement now or hereafter erected on the land:(iii)a separation in ownership or a change in the dimensions or area of the land or arty parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof of a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects.liens,encumbrances,adverse claims or other matters: (a) created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy;or (e) resulting in loss or damage which would not have been sustained it the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim,which arises out of the transaction vesting in the Insured the estate or interest insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance of fraudulent transfer;or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer'results from the failure: (a) to timely record the instrument of transfer;or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set loth in paragraph.8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE 8 This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: Pent One: 1. Taxes or assessments which are not shown as existing liens by the records of arty taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts,rights.interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances which are not shorn by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose.and which are not shown by public records. 5. Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims of title to water. 6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter tumished,imposed by law and not shown by the public records. 10.AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY•198f 'EXCLUSIONS In addition to the Exceptions in Schedule B.you are not insured against loss,costs,attomeys'lees and expenses resulting from: 1. Governmental police power,and the existence or violation of any law or government regulation.This includes building and zoning ordinances and also laws and regulations concerning: • land use • land division • improvements on the land • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it,unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: • that are created,allowed,or agreed to by you • that are known to you.but not to us,on the Policy Date-unless they appeared in the public records ��//�� • that result in toss to you EAIAMIT • that first affectt your title otter the Policy Date-this does not limit the labor and material lien coverage in Item 8 0l Covered Title Risks 4. Failure to pay value for your title.5. Fags_�3 Lack of a right • to any land outside the area specifically described and referred to in Item 3 of Schedule A,of • in streets,alleys,or waterways that touch your land tKamPfo 1061Fi(Re+e10/17(42) This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. Exhibit Aroprdiminy&po„ Exhibit RESIDENTIAL RENTAL AGREEMENT THIS AGREEMENT is made and entered into this — day of September, 1998, by and between MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district (hereinafter called "District"), and JEFFRY J. GRAINGER and MAREN MONSEN (hereinafter together called "Tenant"). RECITALS A. District is the owner of that certain real property consisting of land and improvements thereon, including a single family residence of approximately 1,923 s.f., and any buildings on or accessory thereto, located at 1185 Skyline Boulevard, Palo Alto, CA 94304, County of Santa Clara, State of California, as more particularly outlined in red on Exhibit "A" attached hereto and incorporated herein by this reference (the "premises"), together with the appliances and other personal property currently on the premises which are listed in Exhibit "B" attached hereto (the "personal,property"). B. District desires to lease the premises to Tenant, and Tenant wishes to hire the premises from District, upon the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, the parties agree as follows: 1. Lease of Premises. District hereby leases the premises to Lessee, and Lessee hereby hires the premises rent free from District, and upon the other covenants and conditions set forth herein. 2. Term. (a) The term of this Agreement will commence on the date of the Close of Escrow on the purchase of the Subject Property by District so described in the Purchase Agreement executed between District and Tenant and approved by District on 1998, and terminate no later than one year thereafter. During the term of this Lease, Tenant shall not sublet the Premises or any portion thereof, abandon, vacate or leave the Premises vacant without prior notice of termination to District; or upon termination by District pursuant to the provisions of this Agreement hereinafter set forth. (b) Upon expiration of the term as specified in Section 2(a) above, the Lessee shall have a right of first refusal to rent the premises on a month-to-month basis at market rent as determined by the District. Page 1 3. Security Deposit. Tenant has deposited with District the sum of Two Thousand Five Hundred and No/100 Dollars($2,500.00) (the "Deposit") as security for the full performance and observance by Tenant of each and all of the provisions of this Agreement to be performed and observed by Tenant. District shall be entitled to use the Deposit or any portion thereof to remedy any default by Tenant, to clean the premises upon termination of this Agreement, and to repair any damage to the premises resulting from Tenant's occupancy of the premises. District shall return to Tenant within two weeks after the latter of termination of this Agreement or Tenant's vacation of the remises the entire amount of the Deposit, without g premises, Po interest thereon, less only such sums as District is entitled to apply against unpaid rent, cleaning the premises, and/or repairing any damage thereto. District shall not be required to keep the Deposit separate from its general funds. 4. Possessory Interest Tax. Tenant acknowledges that Tenant's interest in the remises under this Agreement may now or hereafter be subject to a possessory interest tax P g Y J Po rY imposed by the County in which the premises are situated or by other lawful governmental authority. Tenant shall pay any such possessory tax prior to delinquency thereof. 5. Use. Tenant understands that it is Districts intention to reserve the open s P ace P character of the land upon which the premises are located, and Tenant agrees to use the premises in a manner which is consistent with such intent. Subject to the foregoing, the premises may be used as a personal residence for the following named individuals only: Jeffry J. Grainger and Maren Monsen, and for no other purpose without District's prior consent. Occupancy by guests staying more than fourteen (14) days withour the prior written consent of District shall be considered a breach of the provisions regarding assignment and subletting set forth in Paragraph 13 below. Tenant shall be entitled to keep as pets and not for commercial purposes the following animals: . Tenant shall not do or permit anything to be done in or about the premises nor bring nor keep anything therein which will in any way cause a cancellation of any insurance policy covering the premises or any part hereof, or any of its contents. Tenant shall not commit or allow to be committed any nuisance or waste in or upon the premises, and shall not permit trash or garbage of any kind to accumulate on or about the premises. Tenant specifically agrees not to cause or permit any cutting of live trees, grading of soil, or hunting of animals in the immediate vicinity of the premises. Tenant shall not use the premises or permit anything to be done in or about the premises which will in any way conflict with any law, statute, ordinance, code, rule, or regulation of lawful governmental authority, including but not limited to District's "Regulations for Use of b4idpeninsula Regional Open Space District Lands," and any amendments thereto, which may now be in force or which may hereafter be promulgated, and Tenant shall at all times during the term of this Agreement comply with each of the same. Said regulations are attached hereto as Exhibit "C". 6. Utilities. Tenant shall pay directly to the charging authority on or before the date when due all charges for any and all services and utilities supplied to the premises. Tenant is responsible for telephone and any other services. Page 2 Date: Tenant: Jeffry J. Grainger Date: Tenant: Maren Monsen 7. Maintenance and Repair. (a) Tenant accepts the Premises in "as is" condition. Tenant shall, at Tenant's expense, maintain the Premises and every part thereof in good, safe, and sanitary condition, order, and repair. (b) Tenant, at its own expense and in a timely manner, shall keep and perform all routine maintenance and repair in a manner consistent with Seller's practice since acquiring title to the Premises on all buildings, roads, wells, springs, tanks, drains, gates, culverts, fixtures, and any other things on or about the Premises and without any alterations or additions except such as shall be first approved in writing by District. Routine maintenance does not include major repairs to roofs, walls, foundations, structural portions of buildings, the well, the septic tank, electrical, heating, or plumbing systems and equipment, or exterior paving. Tenant hereby waives all rights to make repairs at District's expense under the provisions of Section 1942 of the Civil Code of the State of California. In the event Tenant fails to perform such routine maintenance in a timely manner, Tenhnt will be subject to fines assessed by District. The amount of the fine will be limited to the cost that District has expended to correct Tenant's deficiency or negligence. (c) Subject to the provisions below, Tenant shall, at Tenant's expense, maintain the premises and every part thereof, and the personal property,,and the lawn, shrubs, and other landscaping surrounding the premises, in good, safe, and sanitary condition, order, and repair. Tenant shall at all times during the term of this Agreement maintain as a fire break an area at least thirty (30) feet in width, surrounding the perimeter of the structures comprising the premises which shall be free of all low-lying brush, dry weeds, and similar flammable materials. Tenant shall maintain said thirty (30) foot fire break in compliance with such reasonable standards and instructions as District shall notify Tenant of in writing from time to time. District shall have no duty whatsoever to maintain or repair all or any portion of the premises, or the personal property, or any personal belongings or leasehold improvements of Tenant. 8. Insurance. Tenant, at Tenant's sole expense, shall obtain and keep in force during the term of this Agreement a general liability insurance policy with an insurance company satisfactory to District, protecting District and Tenant against any and all liability arising from Tenant's use of the premises, or from any occurrence, in, on, about, or related to the premises, with a single combined property damage and personal injury limit of$500,000. Page 3 1!► All such public liability insurance shall insure performance by Tenant of the indemnification obligations of Tenant set forth in Paragraph 15 hereof, and the policy shall contain a cross- liability endorsement. Tenant agrees to furnish a certificate of such insurance to District naming District as an additional insured on or prior to the date of commencement of the lease term, and again upon any renewal or modification of such insurance. No such policy of insurance shall be cancelable or subject to reduction of coverage or other modification except after thirty (30) days prior written notice to District. The limits of said insurance shall in no event be deemed to limit the liability of Tenant hereunder. 9. Alterations. Tenant shall not make or suffer to be made any alterations, additions or improvements to or of the premises or any part thereof, without the prior written consent of District. All such alterations, additions, and improvements shall become and remain the property of District immediately upon installation or construction thereof on the premises unless Tenant and District shall otherwise agree in writing. Tenant may, however, at his own expense paint and otherwise enhance the condition of the premises. 10. Liens. Tenant shall keep the premises free from any liens arising out of any work performed, materials furnished or obligations incurred by Tenant. 11. Waiver of Claims. District shall not be liable to Tenant, and Tenant hereby waives any claims against District for any damage to property or injury or death to any person in, on, or about the premises by or from any cause whatsoever. 12. Indemnification. Tenant hereby holds District harmless from and shall defend District from and against any and all claims of liability for damage to property or injury or death to any person when such damage, injury or death shall be caused in part or in whole by the use of the premises by Tenant or Tenant's invitees or contractors, or from the failure of Tenant to keep the premises in good condition and repair, or from the breach by Tenant of any other provision of this Agreement. 13. Assignment and Subletting. Tenant shall not assign this Agreement or sublet the premises or any interest therein without the prior written consent of District, which consent may be withheld for ariy reason. 14. Damage or Destruction. In the event the premises shall be damaged or destroyed in part or whole, then District shall be entitled to elect, by written notice to Tenant, as soon as reasonably possible after Tenant notifies District of said damage, either (i) to repair the same and restore the premises to substantially the same condition as existed immediately prior to such damage, or (ii) to terminate this Agreement, after which neither party shall have any further liability or obligation to the other hereunder, except for liabilities or obligations which accrued prior to such election to terminate. In the event District shall elect to repair or restore the premises pursuant to this Paragraph 14, Tenant shall not be entitled to any damages or other compensation from District from any loss of quiet enjoyment or for any other reason Page 4 arising from District's repair or restoration activities. District shall in no event be required to repair or replace any personal property installed or maintained by Tenant in or about the premises, including the personal property listed on Exhibit "B", and Tenant hereby releases District from any responsibility for Tenant's personal property, furnishings or household goods. 15. Entry by.District. District shall, at any and all reasonable times and on reasonable notice, have the right to enter the premises to inspect the same, to post notices of non-responsibility, to repair the premises, and to exhibit the premises to prospective tenants. Tenant hereby waives any claim for damages for any loss of occupancy or quiet enjoyment of the premises occasioned thereby. 16. Default by Tenant (a) The occurrence of any of the following shall constitute a material default and breach of this Agreement by Tenant: (i) The abandonment of the premises by Tenant; or (ii) A failure by Tenant to observe and perform any provision of this Agreement to be observed or performed by Tenant. (b) In the event of any such default by Tenant, then in addition to any other remedies available hereunder to District or at law or in equity, this Agreement and all rights of Tenant hereunder shall be terminated upon delivery by District of notice of such termination to Tenant. Upon such termination, District may recover from Tenant all amounts necessary to compensate District for all the detriment proximately caused by Tenant's failure to perform Tenant's obligations under this Agreement or which in the ordinary course of things would be likely to result therefrom. (c) In addition to the remedies provided above, in the event Tenant shall fail to perform any obligation to be performed by Tenant under this Agreement, or shall fail to pay any sum required to be paid by Tenant under this Agreement, District may, but shall not be obligated to do so, perform or pay the same or cause the same to be performed or paid, and Tenant shall promptly upon demand by District therefore, reimburse to District all costs reasonably incurred by District in connection therewith, together with interest on such sums at the rate of ten percent (10%) per annum from the date incurred by District until repaid in full by Tenant. 17. Surrender; Waiver of Relocation Rights. Upon expiration or sooner termination of the term of this Agreement, Tenant shall vacate the premises and remove all persons and personal property therefrom, and shall surrender possession of the premises to District with the condition of the premises as it existed at the commencement of the term of this Agreement, Page 5 46 subject only to reasonable wear and tear and damage due to causes beyond the reasonable control of Tenant. Tenant, on behalf of Tenant, and on behalf of Tenant's immediate family, the members of which may occupy the premises from time to time, hereby specifically waives any rights to, and releases District from any and all claims for, relocation benefits and/or relocation payments to which Tenant and those claiming through Tenant might otherwise be entitled pursuant to California Government Code Section 7260 et seq., and any similar or successor federal or state statutes. Tenant shall hold District harmless from and indemnify District against any and all liability, cost, and expense suffered or incurred by District and arising in connection with any such right or claim. By his signature below, Tenant specifically recognizes and accepts the terms of Paragraph 17 of this Residential Rental Agreement. Date: Tenant: Jeffry J. Grainger Date: Tenant: Maren Monsen 18. Notices. All notices, demands, requests, or consents (collectively "notices") given hereunder by either party to the other, shall be made in writing and shall be delivered personally or by first class mail, postage prepaid, and addressed to the parties as follows: District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 (415) 691-1200 (415) 691-0485 FAX Tenant: Jeffry Grainger &Maren Monsen 1185 Skyline Boulevard Palo Alto, CA 94304 (650) 948-4028 Notice given by mail in accordance with the requirements set forth above shall be deemed to have been delivered five (5) days after the posted date of mailing. 19. Waiver. Waiver by District of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained. District's acceptance of a partial payment of rent shall not be deemed an accord and satisfaction, and shall not be deemed a waiver of District's right to recover the full amount thereof. Page 6 20. Attorneys' Fees. If an action shall be instituted to enforce this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees as fixed by the Court having jurisdiction. 21. General. (a) This Agreement contains all of the terms, covenants, and conditions agreed to by District and Tenant and supersedes any and all agreements previously made between Tenant and District with respect to the premises. This Agreement may not be modified orally or in any manner other than by a written instrument signed by both of the parties to this Agreement or their respective successors in interest. (b) If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. (c) The covenants and conditions hereof, subject to the provisions as to subletting and assignment, shall inure to the benefit of and bind the heirs, personal representatives, successors and assigns of the parties hereto. (d) The paragraph headings of this Agreement are for convenience only and are not a part of this Agreement and do not in any way limit or amplify the terms and provisions of this Agreement. (e) All persons who have signed this Agreement as Tenant shall be jointly and severally liable hereunder. (f) This Agreement shall be governed and construed in accordance with the laws of the State of California. (g) Time is of the essence as to each and all of the provisions of this Agreement with respect to which time of performance is a factor. Page 7 IN WITNESS W EREOF, District and Tenant have executed this Agreement the day and year first above written. "DISTRICT" "TENANT" MIDPENINSIJLA REGIONAL OPEN SPACE DISTRICT, a Public By: District Jeffry J. Grainger By: Date: L. Craig Britton General Manager By: Date: Maren R. Monsen Da te: Page 8 E): IT W [Attach Outline of Premises] EXHIBIT "B" List of Personal Property Owned by District EXHIBIT C e REGULATIONS FOR USE OF ter; INIIDPENINSULA REGIONAL OPEN SPACE DISTRICT LANDS (Adopted by Ordinance No. 93-1, July 28, 1993) CHAPTER I. DEFINITIONS SECTION 100. TLE. The following regulations shall be known as "Regulations for Use of Midpeninsula Regional Open Space District Lands" and may,be referred to as "land use regulations." SECTION 101. PURPOSE. These regulations are adopted to provide responsible stewardship for District Lands, to establish orderly use, and to maintain a natural and quiet environment for persons on the lands. They are established according to the Basic Policy of the Board.of Directors of Midpeninsula Regional Open Space District, adopted March 27, 1974, that "The District will follow a land management policy that provides proper care of open space land, allowing public access appropriate to the nature of the land and consistent with ecological values." SECTION 102. DEFINITIONS. Unless the context otherwise requires, the following definitions shall govern the construction and interpretation of these regulations. SECTION 103. DISTRICT DISTRICT LANDS DEFINED. "District" means the Midpeninsula Regional Ope an n Space District. The term "District Lands" includes all lands, structures, improvements, and waters owned, controlled, or managed by Midpeninsula Regional Open Space District. SECTION 104. PERSON DEFINED. "Person" means any individual, firm, corporation, club, municipality, district, or public agency, and all associations or combinations of persons whenever acting for themselves or by any agent, servant, or employee. SECTION 105. PERMIT OR PERMISSION DEFINED. Unless otherwise expressly provided herein, "permit" or "permission" means permission, granted in writing by the general manager or an authorized representative of Midpeninsula Regional Open Space District. SECTION 106. BOARD DEFINED. "Board" means the Board of Directors of Midpeninsula Regional Open Space District. SECTION 107. HEADINGS AND D VI ION . Headings and divisions are for convenience onl Y3 b ? and shall not be considered in the interpretation of this Ordinance, and shall not in any way affect the conduct or activities covered by other sections of this Ordinance. CHAPTER II. REGULATIONS SECTION 200. GENERAL REGULATIONS. District Lands shall be open and accessible to all persons, except as may be provided by resolution, regulation, or rule of the Board c by individual site use and management plans adopted by the Board. 200.1 The Board may, by resolution, regulation, or rule, provide for a system of permits and the issuance thereof. It may by such system require permits for the use of certa lands, exempt certain lands or classifications of permits therefrom, and establish a system of fees and other policies in connection with the administration of a permit system. 200.2 Any person entering upon District Lands shall abide by the rules and regulations of the District, the regulations or provisions of any sign or posted notice, the condition of any permit, the lawful order or other instruction of any District ranger or police officer appointed by the Board, the laws of the State of California, and all applicable county and other local ordinances. 200.3 The provisions of this Ordinance shall not apply to employees and officials of the District acting within the scope of their authorized duties. However, District employees and officials shall abide by the laws of the State of California and all applicable county, and other local ordinances. . 200.4 All District lessees, contractors, and consultants shall abide by all provisions of this Ordinance unless the provision(s) conflicts with a written contract or agreement with the District. When a conflict occurs the conditions of the written contract or agreement shall take precedence. However, lessees, contractors, and consultants shal abide by the laws'of the State of California and all applicable county, and other local ordinances. SECTION 201. SPECIAL REGULATIONS. Special regulations or requirements do not preclude the application of general regulations unless expressly indicated. CHAPTER M. GENERAL RULES. SECTION 300. AUTTHORITY. All sections of this Ordinance are adopted pursuant to Sections 5541, 5558, and 5559 of the Public Resources Code of the State of California, and apply to all District Lands. A title, where used, does not limit the language of a section. .} 2 1 'ION 301. VIOLA i tW(Z O�I2DINANCE A MISDEMEANOR OR ran • • r h violation of this Ordinance or of any rule or regulation adopted by the the discretion of the prosecutor or the court, a misdemeanor or infractio. Resources Code, Section 5560). SECTION 302. SEVERABILITY. If any chapter, section, subsection, paragraph, subparagrap sentence, or clause of this Ordinance is, for any reason, held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity 4 constitutionality of the remaining portions of this Ordinance. The Board of Director. declares that this Ordinance, and each chapter, section, subsection, paragraph, sentence, and clause thereof, would have been adopted regardless of -uch possible finding of invalidity or unconstitutionality and, to that end, the provisions of this Ordinance are hereby declared to be severable. SECTION 303. AMENDMENT OR REPEAL. When a section, rule, or regulation is amended or repealed, acts and commissions occurring before the amendment or repeal may be prosecuted as though such section, rule, or regulation had not been amended or repealed. SECTION 304. PUBLICATION. This Ordinance shall be published once, within 30 days after adoption, in a newspaper of general circulation printed, published, and circulated in the District and shall be effective from and after September 1, 1993. CHAPTER IV. PRESERVE USES - GENERAL SECTION 400. CAMPING. 400.1 General. No person shall erect or use a tent or shelter of any kind, arrange bedding, or prepare food in such a way that will enable a person to remain after closing hours, except by written permit in designated areas. 400.2 uvenile. No juvenile shall camp on any District Lands, except when: a) accompanied by a parent or guardian; b) part of a group supervised by at least one adult responsible for each ten or fewer juveniles; c) the juvenile is an emancipated minor. 400.3 Definition. A juvenile is defined as any person under the age of 18 years. 3 SECTION 401. SWIN1,1314TNG. 401.1 General. No person shall swim, wade, or engage in any water-contact activity in any engage Y\ water areas of the District except in designated areas. 401.2 Definition. "Water-contact activity" is defined as any activity in which the body of a person comes into physical contact with water areas, including, but not limited to swimming, wading, aqua-planing, paddle boarding, skin diving, and water skiing. It does not include boating or fishing. 401.3 Definition. "Water areas of the District" is defined as all water areas on District Lands, including, but not limited to, natural and artificial swimming pools, reservoirs, ponds, lakes, creeks, streams, bays, tidal areas, and flood control channels. SECTION 402. BOATING. 402.1 General. No person shall place, or attempt to place, a boat, kayak, rubber raft, or other vessel of any description in the water of reservoirs, lakes, streams, or other water areas owned, managed, or controlled by the District, except as expressly. allowed by permit or rule or regulation of the District. SECTION 403. FIREARMS, TRAPS, WEAPONS, AND DANGEROUS DEVICES. 403.1 General. No person shall carry, possess, set, leave or deposit, fire or discharge, or cause to be fired or discharged, across, in, on, or-into any portion of District Lands any weapon, gun or firearm, spear, missile, bow and arrow,- cross bow, sling shot, trap or hunting device, air or gas weapon, paint ball gun, ammunition, throwing knife or axe, martial arts throwing device, or any other weapon or device capable of injuring or killing any person or animal, or damaging property or natural resource. 403.2 Exceptions. This section shall not apply to: a) the possession of unloaded firearms or dangerous weapons on public roads solel} for the purpose of transporting such firearms or dangerous weapons through District Lands for lawful purposes; b) the possession of firearms or other dangerous weapons"at a place of residence of business located on District Lands by a person in_lawful possession of the residence or business; c) the possession and use granted by permit for resource management or educational purposes. SECTION 404. FIR'ES. 404.1 General. No person.shall light, build, maintain, or attempt to light, build, or maintain, a fire of any nature on District Lands, except in permanent fixed barbecues, camp stoves or fireplaces established by the District. A fire shall include, but not be 4 limited to, any campfire, ground fire, warming fire, signal fire, charcoal fire, sr �► stove, gas lantern, punk, candle, smudge stick, flare, fuse, or any other incendi. device. This shall not apply to the permitted use of gas camp stoves or gas lantei. when used in designated camping areas. 404.2 Smoking. No person shall smoke on District Lands, except in designated areas. SECTION 405. SANITATION. 405.1 Disposal of Effluent. No person shall deposit waste water, sewage or effluent from sinks, portable toilets, or other fixtures upon or into the ground or water. 405.2 Use of Facilities. No person shall deposit any waste in or on any portion of any restroom or other structure except into fixtures provided for that purpose. 405.3 Protection of Facilities. No person shall place any bottle, can, cloth, rag, metal, wood, paper, stone, or other substances in any fixture in such a manner as would interfere with the normal operation of such fixture. 405.4 Public View. No person shall defecate or urinate in public view. SECTION 406. METAL DETECTORS. 406.1 General. No person shall use a metal detector or similar device on District Lands, except as provided in subsection 702.5. SECTION 407. DISTURBING THE PEACE ' .407.1 Obstructing Free Passage. No person shall by force, threat, intimidation, or by any unlawful signing, fencing or enclosing, or any other unlawful means, prevent or obstruct any person from peacefully entering any property:of the District, or preventing or obstructing free passage or transit over or through any lands of the District. 407.2 Intimidation. No person shall engage in behavior or speech that provokes a breach of the peace or disrupts, alarms, disturbs, intimidates, or unreasonably interferes with others in the normal, safe use of District Lands or facilities. ., i 407.3 Noise. No person shall play or operate any sound or energy amplification devices, including radios, television sets, public address systems, musical instruments, or similar devices in such a way as to be audible beyond 100 feet of such device or musical instrument or in such a manner as to disturb the quiet.of District Lands and , q ` faciliti6s, without prior written permission. 407.4 Lawful Order. No person shall disobey, ignore, or in any manner fail to comply with any request, direction, or order given by any ranger or other employee charged with the control, management, or protection of District property or resources when such request, direction or order is given in the lawful performance of his or her duties. 5 SECTION 408. ASSEti1BLY. No person or group shall conduct a meeting, rally, or simi. District Lands without first obtaining a permit for the use of the specific are, facilities involved. No such permit shall be granted if it is found that the time, and/or size of the meeting, rally, or similar event will disrupt or unreasonably interfere with the normal use, operation, or management of the site or facility, or K an adverse impact on the ecological or historical characteristics of any District Lands. 408.1 Permits. No person shall hold conduct ora anize� or take art in any group activity or event on District Lands without written permission when the activity or event: a) is advertised or noticed in any publication, poster, or flyer; or b) requests or requires a fee be paid for participation; or c) may be attended by 20 or more people. SECTION 409. MISCELLANEOUS DANGEROUS ACTIVITIES. 409.1 Fireworks. No person shall possess, give, sell, discharge, set off, or cause to be discharged, on or into any portion of District Lands any firecrackers, missiles, rockets, fireworks, or explosives. 409.2 Harmful Substances. No person shall possess, place, or apply any substance on District Lands harmful to any person, property, wildlife, or vegetation. 409.3 Golf. No person shall drive, chip, or in any other.manner play or practice golf, or hit golf balls on, over, or into District Lands. , 409.4 Model Craft. No person shall operate any model airplanes, boats, automobiles, or other model craft of any kind or description on, over, or into any portion of District Lands, except by written permit in designated areas. 409.5 Human Flight. No person shall hang-glide, parachute, parasail or engage in any human flight on, over, or into District Lands, except by written permit in designated areas. 409.E Skating. No person shall rollerskate, in-line skate, grass skate, or operate a self- propelled or motorized skate board or other similar device-on District Lands. 409.7 Reckless or Neeligent Activity. No person shall engage in any recreational pursuit or activity, or operate any device that recklessly or negligently endangers the safety of any person, or property, or interferes with visitor activities. SECTION 410. ALCOHOLIC BEVERAGES. 410.l General. No person shall possess or consume alcoholic beverages except beer and wine, and only as part of a picnic meal. 6 410.2 --r01- - Area. No person shall possess or consume alcoholic beve rages o that has been declared by the general manager or an authorized representative o area prohibited area. be a SECTION 411. SI iv'S. 411.1 Defacement. No person shall remove, deface, change, mark, or otherwise aft sign duly erected or posted on District Lands. er any 411.2 Unauthorized ions. No person shall post or fasten any notice, includingbut limited to, any bill, advertisement d' not directional or informational sign, whatsoever on any tree, fence, building, monument, or other p operty on District Lands, without written permission. CHAPTER V. PRESERVE USES - RIDI?NG/HLK 4G TRAILS SECTION 500. RIDING/HIKING TRAILS. 500.1 Trail e SDeed ;t,,;t. The maximum speed for all trail uses is 15.miles per unless otherwise posted; however, speeds shall be reduced as conditions warrantur, Bicyclists and equestrians are required to slow to`5 miles per hour when passing others or approaching blind turns. In no case shall a person operate a bicycle, or ride a horse or other such animal at a speed greater than is reasonable, prudent, or safe. 500.2 One-way Trails. No person shall operate a bicycle or similar*device, or ride saddle horse, pony, mule, or other such animal on a one-way trail in�a direction oaf d a travel designated or signed to prohibit such use. 500.3 ate . Any person opening a gate shall close the-gate. SECTION 501. SADDLE ANIMgLS, 501.1 Closed Areac. No person shall ride, drive, or lead a saddle or pack horse, on mule, or other animal in any area designated or signed to restrict such use. Saddle or pack horses, ponies, mules, or any other animals must stay on designated trails, roadways, and,cultivated firebreaks. 501.2 n afe Vie. No person shall ride, drive, or lead any saddle or pack animal in a reckless or negligent manner so as to endanger public property, or the life, limb, or Property of any person or animal. No person shall allow his or her saddle or pack animal to stand unattended or insecurely tied. 7 a r 501.3 Carts and Wagons. No person shall have or allow a cart, wagon, or similar attached to a horse, mule, donkey, or other animal on District Lands without , permit. SECTION 502. BICYCLES. 502.1 Closed Areas. No person shall possess or operate a bicycle or similar device on desi gnated or signed to restrict such activity. Bicycles must in areas Y' t Lands Y District stay on designated trails and roadways. 502.2 Unsafe Qperation. No person shall operate a bicycle in a reckless or negligent manner g publicproperty, or the life limb, or property of any person or t endangerP P so as o a P animal. 502.3 Helmets. No person shall operate a bicycle or similar device on District Lands without wearing an A.N.S.I. or Snell-approved helmet for head protection, with the PP a trails op en to bicycles east of Deer Hollow Farm at Rancho San ' n of the trai exceptto p Y Antonio Open Space Preserve. r t bicycle on a section of trail designated or -No person shall ride a bit g 502,4 Walk-Only Zone's. p Y through acle signed as a walk-only zone. Any person may dismount and walk a bicycle a walk-only zone. g e unlawful b ' g are declare d to b among others Y win acts a o The following , 3. TRESPASS. T a SECTION 50 ES SS a Section 602 of the Penal Code of California. 503.1 Destruction of Private Property. No person shall willfully open, tear down, or otherwise destroy any fence on the enclosed land of another, or open any gate, bar, or fence of another and willfully leave it open without the written permission of the down, mutilate or destroy an sign signboard, or other do a maliciously tear Y a owner, or � Y Y notice forbidding shooting on private property. 503.2 Private Property Rights. No person shall enter any lands, whether unenclosed or a fence for the purpose of injuring an property or property rights, or enclosed b p rp b Y P Y with the intention of interfering with, obstructing, or injuring any lawful business or occupation carried on by the owner of such land, his or her agent or by the person in lawful possession. 503.3 Entering Posted Lands. No person shall enter any lands under cultivation or enclosed by a fence, belonging to, or occupied by another, or enter any lands where signs n trespass are displayed at intervals not less than three to the mile along all forbidding . P w ten ' g without the nt exterior boundaries and at all roads and trails entenna such lands, permission of the owner of such land, his or her agent, or of the-person in lawful possession, and no person shall: a) refuse or fail to leave land, real property, or structures belonging to or lawfully occupied by another and not open to the general public, upon being requested to leave by the owner, his or her agent, or the person in lawful possession thereof; 8 I b) tee awn, mutilate, or destroy any sign, signboard, or notice forbidd trespass or hunting on such lands; or mg • c) remove, injure, unlock, or tamper with any lock or any gate on or 1 such lands; or ending into d) discharge any firearm. I i CHAPTER VI. PRESERVE USES - CO1NEgERCIAL/REVE2jUE I SECTION 600. SOLICt'T'rrrr, 600.1 eneral. No person shall solicit, sell, hawk, or attempt otherwise peddle any goods, wares, merchandise, liquids, edibles,for lhumanawk, or consumption, or distribute commercial circulars, pamphlets, or flyers on District Lands except by written permission. SECTION 601. RAZING. 601.1 General. No person shall allow cattle, sheep, goats, or any animal or feed on District Lands except with written permission. to graze, browse, SECTION 602. HARVF TIN 7 AND PLANTINCT. 602.1 eneral. No person shall plant, cultivate, harvest, or_attem t to plant harvest any plant or agricultural crop on District Lands except with wri ten vate, or permission. SECTION 603. ILMING. 603.1 eneral. No person shall operate a still, motion picture, video, or other came for commercial purposes on District Lands.except pursuant to a permit authorizing s ch activity. This section shall not apply to the commercial operation of cameras as art of the bona fide reporting of news. p 9 CHAPTER VII. PRESERVE FEATURES - PROTECTION SECTION 700. HUNTING AND FISHING. 700.1 Hunting. No person shall hunt, pursue, molest, disturb, injure, trap, take, net, poison, or harm any animal, living or dead, or remove, destroy, or in any manner disturb the natural habitat of any animal, except by permit. injure, poison, or harm ' g lest disturb i an fish n shall take net molest, , n No person P 700.2 Fishing. p J Y in lakes, ponds, reservoirs, water areas, portions of San Francisco Bay, or streams located in an District reserve except in areas declared by the District to be Y P P permitted fishing areas, where state laws regulate the taking of game fish. SECTION 701. ANIMALS. 701.1 Dogs. No person shall allow or have a dog on District Lands except in those areas designated by the District. This subsection shall not apply to: a) guide and service dogs under physical control, specifically licensed to assist the b blind, deaf, or disabled; b) use authorized by written permit. 701.2 No person shall allow or have a dog within a designated area, unless the dog is at all times under control on a leash not to exceed 6 feet. 701.3 Nuisance Does. No person shall allow or have on District Lands a dog that is threatening or a nuisance to people, other animals, or property. This includes, but is not limited to growling, barking, baring of teeth, or challenging in any manner, people, animals, or property. 701.4 Disturbance or Injury to Wildlife. No person shall allow a dog, cat, or domesticated animal, even if leashed,'to disturb, chase, molest, injure, o.r take any kind of native wildlife, whether living or dead, or remove, destroy, or in any manner disturb the natural habitat of any animal on District Lands. 701.5 Horses and Livestock. No person shall keep or raise cattle, horses, sheep, or other livestock on District Lands, unless pursuant to a lease, license, or other entitlement o use granted by the District. 701.6 Other Pets. No person shall allow or have any pet, domesticated animal, or other living creature on District Lands,,unless specifically permitted by another section of these regulations. lox 10 + 4 701 7 Re_ Animal Excrement. No person r�—,ponsible for an animal shall . excrement or feces to remain in an area if it or is in an area posted requiring its Public poses a health hazard, a �nuicf lOu' its removal. 701.8 Abandoned Animals. No person shall abandon or release a dog, cat fish any other living creature, wild or domestic, on District Lands without written or r permission. tten SECTION 702. NATURAL AND CULTURAL R OURCES 702.I Plants. No person shall damage, injure, take, place, plant, collect, or remove plant, tree, or portion thereof,.whether living or dead, including any flowers, mushrooms, bushes, vines grass, b, but not limited to s cone a , S and deadwood d L ood Lands. lo cated ocated on District 702.2 Possession of Gathered Wood prohibited. No person shall trans or unmilled wood on District Lands without satisfactory evidence of lawfuport or Possess a tree acquisition, such as a sales receipt or written authorization from the owner of the land from which the tree or wood was acquired. 702.3 Geological Features. No person shall damage, injure, take, collect, remove or attempt to damage, injure, take, collect, or remove earth, rocks, sand a minerals, features of caves, or an , gravel, fossils, located on District Lands. Y article or artifact.of geological interest or value 702.4 A1che21noi99 FeaturPc, No person shall damage, injure, take, collect, remove or attempt to damage, injure, take, collect, or remove any object of paleontological, archeological, or historical interest located on District Lands. 702.5 Special Permission. Special permission (Section 105) may be granted to remove treat, disturb, or otherwise affect plants, animals, or geological, historical, archeological, or paleontological materials for research, interpretive, educational or operational purposes. SECTION 703. �ANDALI M AND NLAWF EN R A HMENT 703.1 Vandalism. No person shall cut, carve, deface, write, paint, mark natural feature, or any fence, wall, building P � or alter any Lands monument, or other property on District 703.2 Unlawful Construction. No person shall erect, construct install} or place any structure, building, shed, fence, trail, equipment, material, sign, banner, or apparatusof any type or for any purpose on, below, over, or across a preserve except b . written permission specifying P Y d in detail the work to be done and the conditions to be fulfilled pursuant to the terms of such authorization. 703.3Inlawful Maintenance, No person shall perform, or cause an mowinotrimming grooming, Y ei cuttin0 o or spraying of District Lands or perform an such rou maintenance P nds n to Y Hance for g r any purpose except by written permission. 11 CHAPTER VIII. DISTRICT LATN`DS OPERATIONS - GENERAL SECTION 800. LITTERING. 800.1 Littering or Dumping. No person shall litter or cause to be littered, or dump or cause to be dumped any material or waste matter in or upon any District Lands. It shall be unlawful to place, deposit, or dump, or cause to be placed, deposited or dumped, any rocks, dirt, or fill material in or upon any District Lands without a permit authorizing such activity. 800.2 Definition. Littering is defined as the willful or negligent throwing, dropping, placing; or depositing of any waste matter on District Lands in other than appropriate storage containers or areas designated for such purposes. 800.3 Definition. Waste matter is defined as discarded, used, or leftover substances including, but not limited to, a lighted or unlighted cigarette, cigar, match, or any flaming or glowing material, or any garbage, trash, refuse, paper, container, packaging or construction material, carcass of a dead animal, any nauseous or offensive matter of any kind, or any object likely to injure any person, damage property, or create a hazard. ' SECTION 801. PARKING. 801.1 Restrictions. No person shall park a motor vehicle, except an authorized emergency vehicle, or when in compliance with the directions-of a peace officer, ranger, or District employee, in any of the following places: a) In areas where prohibited by "NO PARKING" signs b) On any fire trail c} On any equestrian or hiking trail d) In such a place or manner as would block or obstruct any gate, entrance, or exit e) In such a place or manner as to take up more than one marked parking space in any authorized parking area f) In such a place or manner as to block or obstruct the free flow of traffic g) Within 15 feet of a fire hydrant h) Adjacent to any curb painted red i) On any District Lands after sundown except pursuant to a written permit j) In areas signed for permit parking on District Lands without a written permit k) In any other place on District Lands not designated by the District,as an authorized area 12 SECTION 802. OPER ON OF MOTOF VEHICLE$ -ROAD VEHICLES. 802.1 General. No person shall operate, propel, or leave standing a motor vehicle on District Lands. Motor vehicle includes, but is not limited to, motorcycles, off-roar vehicles, "dirt bikes," and similar vehicles. 802.2 Exceptions,. This section shall not apply to: a) emergency vehicles operated within the scope of official use; b) roads, trails, or paths, which may from time to time be set aside and posted by the District for the use of specifically designated vehicles; c) roads and parking areas open to the public during regular open hours. SECTION 803. SPEED LIMITS. 803.1 eneea . No person shall drive or operate a vehicle on District Lands at a speed greater than the posted speed limit or than is reasonable or prudent, having due regard for traffic and road conditions. In no event shall a vehicle be driven at a speed which endangers the safety of persons, property, or wildlife. SECTION 804. ABANDONED VEHICLES. 804.1 72 Hours. No person shall permit a vehicle to be parked or left standing within the District for 72 consecutive hours or more except in camping areas pursuant to a vaI permit. 804.2 Removal. Any vehicle parked or left standing in violation of this Section may be removed as provided in the Vehicle Code of the State of California. 804.3 Abandonment. Whenever a District ranger has reasonable grounds to believe that a vehicle has been abandoned on District Lands, the vehicle may be removed as authorized by Vehicle Code Section 22669. SECTION 805. PROHIBITED AREAS. To insure the safety and health of persons, to avoid interference with development, construction, and management, or to provide for security, safeguarding, and preservation of District Lands.and facilities, the general manager or an authorized representative may declare an area closed, prohibited, or limited to further entry. The declaration may include such reasonable classes of persons who may enter, in the conduct of proper activities or official duties, as the general manager or an authorized representative may prescribe. 805.1 Closed Areas. No person shall, without a written permit issued by the District, ente or remain in an area of District Land or facilities declared closed, prohibited, or limited by the general manager or an authorized agent. 13 805.2 Afterh s Use. No person shall enter or i,..,ain on District Land "after hOuq' without a written permit issued by the District. The term "after hours" is defined a, one-half hour after official sunset to official sunrise the following day. SECTION 806. USE FEES. 806.1 Nonl2ayment of Fees. ,No person shall use District Lands or facilities without payment of the prescribed fee or charge. Any fee or charge established by the Boar for use of District Lands or facilities shall be paid in advance of such use, unless lat payment has been authorized by the general manager or an authorized representative 14 Regional Open S,_ ace R-98-119 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-20 September 23, 1998 AGENDA ITEM 2 AGENDA ITEM Proposed Second Amendment to Purchase Agreement for Acquisition of Undivided One-Half Interest in the Nead et. al. Property as an Addition ,to�jLong Ridge Open Space Preserve GENERAL MANAGER'S RECOMMENDATION �� Adopt the attached resolution accepting the Second Amendment to Purchase Agreement for the Nead et. al. property. DESCRIPTION (see attached map) At your meeting of August 12, 1998, you approved a Purchase Agreement which included an Amendment to Purchase Agreement for the acquisition of the undivided one-half interest in the 80-acre Nead et. al. property as an addition to Long Ridge Open Space Preserve (see Report 98-104). This transaction was subject to an agreement between the property owners giving the remaining interest holder a 30-day right of first refusal. On September 1, 1998, the District received notification that the remaining interest holder, Steve and Edith Mekler, intended to exercise their right of first refusal and purchase the Neads' interest in the subject property under the same terms and conditions specified in the District's Purchase Agreement. Accordingly, the District and the Neads have agreed to further amend the Purchase Agreement allowing the District to assume a back up purchase position to the Meklers. Therefore, in the event the Meklers fail to complete the purchase of the Neads' undivided half interest, the District will be in a position to acquire the Neads' interest in the property under the same basic terms and conditions of the original agreement. CE A COMPLIANCE This transaction was determined to be categorically exempt from CEQA (the California Environmental Quality Act) at your August 12, 1998 meeting. The findings detailed in the prior staff report (R-98-104) remain in effect and unchanged. The District further concludes that the action proposed in this report does not constitute a change to the project which would result in any additional impact on the environment. The physical project remains unchanged; these amendments are purely procedural in nature. Prepared by: Michael C. Williams, Real Property Representative Contact person: same as above 330 Distel Circle • Los Altos, CA 94022-1404 • Phone: 650-691-1200 FAX:650-691-0485 • E-mail: mrosd@openspace.org • Web site:www.openspace.org ' Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff, Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton RESOLUTION RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF A SECOND AMENDMENT TO PURCHASE AGREEMENT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (LONG RIDGE OPEN SPACE PRESERVE - LANDS OF NERD, ET AL.) 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 attached Second Amendment to Purchase Agreement between Dennis J. and Carolyn M. Nead and the Midpeninsula Regional Open Space District, and authorizes the President or,appropriate officers to execute the Second Amendment to Purchase Agreement on behalf of the District. Section Two. This Second Amendment is incorporated into that certain Purchase Agreement dated August 12, 1998 as approved by Resolution 98-31 of the Board of Directors. All of the remaining terms and conditions of said Purchase Agreement remain in full force and effect. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. LONG RIDGE OPEN SPACE PRESERVE Midpeninsula Regional Open Space District . • 00 LONG RIDGE OPEN SPACE N t �J PRESERVE0. o.a Long 1400 « 16(ID 0, 1 } a b 1800 frr../' `.J � 0 d •'•. r /��'' 0.4 d sot, •' / '�J SARATOGA GAP - — A � OPRESERVE _ _-- -- 0.2 ` Or •�k Ylo�� os EN SPACE 0.3 d/ gf (rea e tr rl ,> 0.3 i �' F�� a N zh00 al 0 0.1 .z LR01 0 0.3 �'�M 2400 r., 0.9 2000 2000 0 , 1600 eke i Portola ..`. Sate Park 40 rrdil - PROPOSED �.. _ ' --, ACQUISITION • ....• 1 ! NEAD r , f ti 180 AC. .. �� / '�Pd gait Skyline to the-Sea Trail f � f-.. � � 0.5 •gyp a4': .•� � ✓ zz(roj rLRt3> ' Exhibit A: Site Map 7/1/98 4F SECOND AMENDMENT TO PURCHASE AGREEMENT The Second Amendment relates to a Purchase Agreement and First Amendment to the Purchase Agreement (collectively referred to as "Purchase Agreement") entered into on August 12, 1998 by and between Dennis J. Nead and Carolyn M. Nead, as husband and wife and as joint tenants ("Seller"), and the Midpeninsula Regional Open Space District ("District") for the purchase of the Subject Property, San Mateo County, APN 085-160-130. The Purchase Agreement is further amended as set forth hereinafter: 1. Paragraph 6, Condition Precedent, is stricken in its entirety and replaced with the following: 6. Backup Offer. Seller and District acknowledge that Seller's ability and obligation to enter into this Purchase Agreement and to perform the transaction called for herein is subject to a certain agreement dated November 19, 1972 between Seller and Meklers which provides certain rights with respect to the Subject Property in favor of Meklers. Meklers have notified Seller that they wish to exercise their First Right of Refusal and have presented a written purchase agreement to the Seller. In the event that Meklers and Seller agree in writing to a sale of the Subject Property, then prior to close of escrow between Seller and Meklers, this Agreement shall automatically and without further action become a backup purchase agreement which can be made senior upon written notice from Seller to District as provided herein at Paragraph 15. 7. New paragraphs 14, 15, 16, and 17 are added to read as follows: 14. No Further Actions. District and Seller agree that, prior to the determination of whether or not the Seller/Meklers' sale of the Subject Property will be consummated and escrow closed, District is not obligated to take any other steps or action with respect to this Purchase Agreement except to open and maintain a backup escrow into which it has paid the deposit of$1,000.00 called for by Paragraph 12 of the Purchase Agreement. 15. Notice. In the event that the Seller/Meklers transaction does not close on or before October 25, 1998 (unless the escrow closing date is mutually extended by Meklers and Seller), then Seller will take such steps as are reasonable and necessary to termina te that agreement and escrow, and notify District that this Page 1 Purchase Agreement has become the senior purchase agreement. Upon such written notifications, District shall make such inquiries as it deems necessary in its sole discretion to determine the Seller's ability to complete this transaction and to convey title to the Subject Property to District in accordance with this Purchase Agreement. Seller shall cooperate with District in conducting such inquiryand will comply with District's reasonable requests for relevant P Y documents. Upon concluding those inquiries, District shall give written notice to Seller whether or not it accepts its position as the purchasing party in the senior position and is proceeding to Closing pursuant to this Purchase Agreement. In the event District reasonably determines that Seller is not able to convey the Subject Property to District in conformity with the terms and conditions of this Purchase Agreement, it may terminate this Purchase Agreement in writing and terminate escrow. All documents and monies deposited into escrow shall be returned to the party depositing the same. 16. Closing, Date. The Closingf o this transaction shall be on or before November 11, 1998 or such other time as Seller and District shall mutually agree a in writing. In the g event that there is no Closing by December 31, 1998, either party may by written notice terminate this Purchase Agreement, and it shall thereafter be of no further force and effect and neither party to this Purchase Agreement shall have any further obligation hereunder to the other. All documents and monies paid into escrow shall be returned to the party depositing the same. 17. Inte ration. Except as modified by the amendment to Paragraph 6 and the addition of the new paragraphs 14, 15, 16 and 17, the Purchase Agreement remains in full force and effect. Page 2 DISTRICT: SELLER: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Dennis J. Nead ACCEPTED FOR RECOMMENDATION Date: Michael C. Williams, Real Property Representative Carolyn M. Nead APPROVED AS TO FOR Date: Susan Schectman, District Counsel RECOMMENDED FOR APPROVAL: L. Craig Britton, General Manager APPROVED AND ACCEPTED: President, Board of Directors ATTEST: District Clerk Date: Page 3 Regional Open S _ .ice g p ------------ 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-98-118 Meeting 98-20 September 23, 1998 AGENDA ITEM 3 AGENDA ITEM Election of Secretary for Midpeninsula Regional Open Space District Board of Directors GENERAL MANAGER'S RECOMMENDATION Elect a Secretary for the District Board of Directors l DISCUSSION With the election of Director Cyr as Vice-President at your meeting of September 9, 1998, the office of Secretary has become vacant, and the Board should elect a new officer. The appropriate procedure would be for the President of the Board to call for nominations. After the close of nominations, pursuant to Section 1.22 of your Rules of Procedure, the election of officers is by signed ballots, and the District Clerk counts the ballots. After the election, the ballots are available for public inspection, if requested. Prepared by: P. Coats, Administrative Analyst Contact person: D. Dolan, Administrative Services Manager 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 FAX:650-691-0485 • E-mail:mrosd@openspace.org • Web site:www.openspace.org . Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •General Manager:L.Craig Britton Regional Open S, .ice s 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-98-116 Meeting 98-20 September 23, 1998 AGENDA ITEM 4 AGENDA ITEM Application to Habitat Conservation Fund Program for Addition to Lobitos Creek Headwaters Project GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in this report. 2. Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Application to the Habitat Conservation Fund Program. DISCUSSION The Habitat Conservation Fund (HCF) provides $2 million annually to the California Department of Parks and Recreation for a statewide grant program. This program provides 50% matching grants to local agencies so they may acquire, restore, or enhance wildlife habitat or make available trails and programs that bring urban residents into park and wildlife areas. The application deadline for this funding cycle is October 1, 1998. The funds are available for projects in six categories. Four of the six categories are funded each year on a rotational basis. The first four categories listed below(in bold print) are eligible for $500,000 each in fiscal year 1998-1999. A project can only be submitted in one of the four eligible categories, even though it may qualify for more than one. 1. Wetland Habitat 2. Riparian Habitat 3. Trails/programs 4. Anadromous Salmonids and Trout 5. Deer and lion habitat 6. Habitat for rare, threatened, and endangered species The project must start within three years of the date the grant funds are appropriated in the State budget. Acquisition grants can be matched only by non-State money or property made available as part of the acquisition project. The District has received four Habitat Conservation Fund grants since the initiation of this program. The first (1991) provided $1 million to assist with the purchase of Jacques Ridge, a i 330 Distel Circle - Los Altos, CA 94022-1404 - Phone:650-691-1200 FAX:650-691-0485 - E-mail:mrosd@openspace.org - Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz -General Manager:L.Craig Britton R-98-116 Page 2 prime deer/mountain lion habitat connecting Sierra Azul Open Space Preserve with Almaden Quicksilver County Park. The second (1992) provided $320,000 to help purchase the Devil's Canyon (Acronico) property, an important steelhead spawning area, wildlife corridor, deer/mountain lion habitat, and home to several species of special concern, as well as an outstanding recreational area. The third (1994) will provide funds for purchase of the Soda Springs Corridor on the western side of Sierra Azul Open Space Preserve. It will help complete a continuous block of protected open space across the Sierra Azul range. This grant has not yet been completed. The last grant (1996) provided $420,500 for the purchase of Peninsula Open Space Trust (POST) property as an addition to Purisima Creek Redwoods Open Space Preserve Lobitos Creek Headwaters Addition Acquisition Project Under the current proposal, the District would apply to the Habitat Conservation Fund Program for the Lobitos Creek Headwaters Addition Project. Our application is for a $325,000 matching grant to help acquire the 53-acre Peery properties as additions to Purisima Creek Redwoods Open Space Preserve, in the category of Anadromous salmonids and trout habitat. The properties are home to Federally threatened steelhead trout In 1997, the District acquired the surrounding 481-acre POST property with a $420,500 grant from the Habitat Conservation Fund (the Lobitos Creek Headwaters Project). That property became part of the contiguous 2,633-acre Purisima Creek Redwoods Open Space Preserve and is now open to the public. The maximum amount available in any one grant category is $500,000. Since few properties qualify for the Anadromous salmonid and trout category, there is a greater chance of success than if we were to apply in another category. Like other acquisitions funded by this program in the past, the Peery properties also have resources qualifying for the other categories. The properties provide excellent deer and mountain lion habitat, endangered species habitat (red-legged frog), and several species of special concern (Cooper's hawk, long-eared owl, golden eagle, osprey, and Western pond turtle), and trails. Property Description The two parcels proposed for acquisition are inholdings within the Lobitos Creek Headwaters Project acquired with the District's previous Habitat Conservation Fund grant. These beautiful undeveloped parcels adjoin Purisima Creek Redwoods Open Space Preserve, extending south and west from the top of Bald Knob between Irish Ridge and Lobitos Creek. The upper end of Lobitos Creek, a steelhead spawning area, forms the northern and western boundaries of the property. Irish Ridge, the scenic open ridgeline which is the property's dominant feature, forms the eastern boundary and offers panoramic views of the coast and surrounding hillsides. Three ridges separated by narrow canyons extend west from Irish Ridge, sloping steeply down to the creek. R-98-116 Page 3 The two inholdings are located in the canyons between the ridges. The upper parcel (38 acres) fronts on Lobitos Creek; the lower(15 acres) encloses part of a tributary to Lobitos Creek. These parcels are accessed through the surrounding preserve. Both parcels were selectively logged in 1993 but have been left alone since then, and the redwoods are regenerating well. Habitat Value of Upper Lobitos Creek Lobitos Creek has many pools with overhanging banks; prime habitat for steelhead. The upper part of the creek is undisturbed; dense vegetation, including large mature alder trees, line the stream banks. Springs keep Lobitos Creek flowing strong and clear throughout the summer months. A large alder-shaded riparian area surrounds the creek at the southwest corner of the former POST property where the East Fork converges with the main creek. Here the pools are overhung with a thick growth of nettles, poison oak, and blackberry. There is no significant siltation. The District's consulting fisheries biologist, Dr. Samuel McGinnis, found Federally threatened steelhead young-of-the-year and parrs in this area in mid-August, 1996. A red-legged frog, also a Federally threatened species, was sighted in this area in September, 1996. Every year, steelhead migrate from the Pacific Ocean up to gravel-lined spawning pools in upper Lobitos Creek. Their eggs, usually laid after the peak winter rains, can lodge in the gravel and survive high water flows. Later the eggs hatch and the young trout gradually float down to lower pools where they remain all summer, feeding on fly larvae and other invertebrates. The major threats to the continued survival of steelhead are siltation, water diversion, and logging. Steelhead need silt-free spawning and rearing pools, adequate summer and fall water supply, and enough shade from surrounding trees to keep the water cool. This grant application is based primarily on the importance of these two inholdings in protecting upper Lobitos Creek as steelhead spawning habitat. Property Management The District now manages the upper Lobitos area surrounding the parcels as part of Purisima Creek Redwoods Open Space Preserve. A preliminary use and management plan was prepared at the time of the POST acquisition. Under the District's management, trail accessibility has been improved. The Bald Knob Trail, a connecting trail from the central portion of Purisima to the former POST property around the south side of Bald Knob, is complete and open to the public. Additional trails have been cleared on the ridges where old logging roads intersect the Irish Ridge Trail. Lobitos Creek Trail is the southernmost trail extending from Irish Ridge Trail to a ridge overlooking Lobitos Creek. It follows the route of the logging road to access the two inholdings. A short spur from this trail ends at a former logging landing overlooking the smaller parcel. The R-98-116 Page 4 Lo bitos Creek Trail now ends in a large landslide right before it enters the larger parcel. The old logging road continues on the other side of the landslide to the middle of the larger parcel. No trails go down all the way to Lobitos Creek. The banks of Lobitos Creek are densely forested and appear to be little visited. Leaving it in its present inaccessible condition will best protect the fish and wildlife. Project Benefits These properties offer an outstanding combination of resource and recreational values. They include the headwaters of Lobitos Creek a steelhead spawning area red- legged frog habitat, wildlife corridor, and deer and mountain lion habitat. Rich in wildlife, they also support several species of special concern. Open grassland with panoramic views to the Pacific, moss-draped Douglas fir, and rugged ridges and redwood-filled canyons will also make these properties an attractive destination for hikers and equestrians. Acquisition will permanently protect the unique habitats and expand recreational opportunities at Purisima Creek Redwood Open Space Preserve, one of the District's more popular open space preserves. CEQA COMPLIANCE Project Description The project consists of the acquisition of two inholdings totaling 53.2 acres as additions to Purisima Creek.Redwoods Open Space Preserve. The rugged mountainous parcels have exceptionally diverse plant communities and are home to the Federally threatened steelhead and red-legged frog. Ultimately, the properties will be included in a comprehensive use and management plan for the adjacent open space preserve. The land will be permanently preserved as open space and will be maintained in a natural condition. It may be open to the public for low- intensity recreation. CEQA Determination The District concludes this project will not have a significant effect on the environment. It is categorically exempt from CEQA(California Environmental Quality Act) under Article 19, Sections 15316, 15317, 15325, and 15061 of the CEQA Guidelines. Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural condition and the management plan proposes to keep the area in a natural condition. The use and management plan specifies the property will be maintained in a natural condition. Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. The District will accept fee interests and will maintain the property as open space. R-98-116 Page 5 Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. The acquisition will transfer ownership to the District and ensure the property is preserved as open space. This acquisition qualifies under all three sections. The actions proposed in the Preliminary Use and Management Plan are also exempt under section 15061, as there is no possibility the actions may have a significant effect on the environment. Prepared by: Del Woods, Senior Management Specialist Contact person: L. Craig Britton, General Manager RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE LOCAL AGENCY GRANT PROGRAM - FISCAL YEAR 1998-1999 UNDER THE HABITAT CONSERVATION FUND PROGRAM OF THE CALIFORNIA WILDLIFE PROTECTION ACT OF 1990 FOR THE FOLLOWING PROJECT: LOBITOS CREEK HEADWATERS ADDITION (PEERY PROPERTY ACQUISITION) WHEREAS, the people of the State of California have enacted the California Wildlife Protection Act of 1990, which provides funds to the State of California for grants to local agencies'to acquire and/or develop facilities for public recreational and fish and wildlife habitat protection purposes; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of a portion of the program within the State, setting up necessary procedures governing application by local agencies under the program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of application before submission of said application to the State; and WHEREAS, said application contains assurance that the applicant must comply with; and WHEREAS, the applicant will enter into an agreement with the State of California for acquisition or development of the project; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors hereby: I. Approves the filing of an application for the Habitat Conservation Fund Grant Program under the California.Wildlife Protection Act of 1990 State grant assistance for the above project; and 2. Certifies that said applicant understands the assurances and certification in the application form; and 3. Certifies that said applicant has or will have available prior to commencement of any work on the project included in this application, the required match; and will have sufficient funds to operate and maintain the project; and 4. Appoints the General Manager as agent of the District to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT d� � a 92 y de eSQµ�y' State Wildlife 2w oaS Refuge xyN ��o ar¢ P°e 92 San Caro`' ? z. San � Carlos 101 7_� d� 3, O'Psra. PdryP Pulgas Ridge �4 dsA Open O tea• G� xa Space Preserve Edgewo o 0 e`5 San Francisco Watershed sl Lands ECgo oy d Murray �Blvy BurleighPark .i1 tea• dry,o Pe State Park •� d/ Golden Gate �� Atherton National 35 s Recreation 2W Area 9P q4 Purisima Creek Huddart at Pod Menlo Redwoods Sp County Park Woodside /d Park P pace sp Preserve W K1ngs A1o` ids Rd i Teague Hill Creek/ny Open Space Preserve nx PROJECT LOCATION El Corte de Madera Creek Wunderlich ass 0 open Space County o Ft 4a,nlP is, Park 35 Tho wood Ope ace o Preserve fo i �d Rd Portola Valley L La Honda Cree i \N/ Open Space Windy Hill v Open Space Preserve `c V o g 0 1 2 3 3 i 1 9 LPL A. Scale in Miles Py r EXHIBIT A Regional Open S,ace i R-98-115 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-21 September 23, 1998 AGENDA ITEM 5 AGENDA ITEM Notice of Contract Completion for Landscape and Spillway Repair Project, Thornewood Open Space Preserve. i, GENERAL MANAGER'S RECOMMENDATION j Authorize the President or other appropriate officer to execute the attached Notice of Completion of Contract and Acceptance of Work for the landslide repair project. DISCUSSION At your May 27, 1998 meeting you awarded a contract in the amount of$79,910.99 to Brazil's Excavating of San Gregorio for repair of a landslide and the spillway at Schilling Lake, Thornewood Open Space Preserve (see report R-98-67). This was a repair project which consisted of removing the existing landslide which was damaging the spillway, and replacing the soil with an engineered fill, including surface and subsurface drains. The project is now completed, with the exception of planting and erosion control (hydro- seeding and matting). This work was deleted from the main contract, and will be installed by District staff, volunteers and some contracted services for removal of trees on the dam face. This work is scheduled for the week of September 28 to October 2,1998, thereby complying with all regulatory permits in place. The intent of this change was to afford the District a more reliable finished product and at a cost savings. The construction project has been successfully completed and approved by the permitting agencies. Staff was pleased with the performance of the consultants, Cotton, Shires & Associates of Los Gatos, as well as that of the contractor, Brazil's Excavating of San Gregorio. The attached table shows the final cost of the project. Of the four Change Orders, only #3 added any cost, in the amount of$2,251.60. The change was a result of on-site direction by the consulting Geotechnician to insure that the landslide repair was thorough. Change Order #4, which is the planting and erosion control items referenced above, involved deleting those Bid Items from the contract, at a savings of$4,427.00. Since the contractor did not exercise the option of Alternate `D' in the Bid Items (additional tree removal for construction access across the dam), the contract was further reduced by $1,840.00. As noted in the table, the final contract cost was reduced to $75,895.59 as a result of these changes. The remaining work - the planting, seeding and maintenance - is estimated at a cost of$3,600.00. Therefore, the total combined cost will be approximately $79,500.00. At this time, Planning Staff is requesting a refund of approximately $2,200.00 from the Town Of Woodside, for an apparent inadvertent overcharge on the Grading Permit fee. 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200 FAX:650-691-0485 • E-mail: mrosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C. Nitz •General Manager.L.Craig Britton I R-98-115 Page 2 i Because the remaining planting and erosion control work is a condition of the permit from the Town of Woodside, staff has taken steps to ensure that the Town is satisfied with the work for which Brazil's Excavating was responsible, and will sign off on the permit when the remaining erosion control and planting work is complete. At the time of award of contract, staff estimated the total construction phase costs, including consulting engineering services, permit fees, and advertising, at $95,000.00. As outlined in the attached table, final costs for the project are estimated at $96,614.82. Ten percent of the payments to Brazil Excavating have been withheld in accordance with the contract documents and specifications. A check for the remaining 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. i Prepared by: Randy Anderson, Senior Planner John Cahill, Planner II Contact: Same as above TABLE OF COSTS LANDSLIDE AND SPILLWAY REPAIR PROJECT SCHILLING LAKE THORNEWOOD OPEN SPACE PRESERVE 1. Total of Contract Award (May 27, 1998) $ 79,910.99 (Brazil's Excavating) 2. Change Orders. Description Cost No. 1 Tree Planting Quantities $ 0. 2 Change Culvert Size $ 0. 3 Additional Excavation $ 2,251.60 4 Delete Planting& Seeding ($ 4,427.00) TOTAL OF CHANGES ($ 2,175.40) 3. Alternate `D'--Tree Removal (Not Needed) ($ 1,840.00) 4. Revised Contract Amount $ 75,895.59 5. Invoiced to Date $ 75,895.59 6. Payments to Date $ 68,306.03 7. Retainage Currently Withheld (due 10/28/98) $ 7,589.56 8. TOTAL to the Contractor(after Release of Retainage) $ 75,895.59 9. Projected Costs to the District of Planting and Seeding $ 3,600.00 (Items Deleted by Change Order#4) TOTAL CONSTRUCTION COST $ 79,495.59 TABLE OF COSTS Page 2 LANDSLIDE AND SPILLWAY REPAIR PROJECT SCHILLING LAKE THORNEWOOD OPEN SPACE PRESERVE OTHER COSTS 1. Permits: A. California Fish& Game $ 662.00 B. Town of Woodside (Site Development) $ 5,200.00* Subtotal $5,862.00 2. Outside Vendors: A. San Jose Mercury News (Notice of Bid) $ 226.05 B. Peninsula Blueprint $ . 100.73 C. Julie McCullough (Project Consultant) $ 458.78 Subtotal $ 785.56 3. Engineers: Cotton, Shires, and Associates (Geotechs) A. Construction Monitoring and Testing $ 9,040.20 B. Final Invoice on Construction Monitoring $ 3,631.50 Subtotal $ 12,671.70 TOTAL OTHER COSTS $ 19,319.26 Planning is requesting a partial refund of this fee from the Town of Woodside ($ 2,200,QJO PROJECTED TOTAL OTHER COSTS $ 17,119.26 PROJECTED TOTAL CONSTRUCTION COSTS $79,495.56 TOTAL PROJECT COST V6,614.82 t NOTICE OF COMPLETION OF CONTRACT AND ACCEPTANCE OF WORK NOTICE IS HEREBY GIVEN by order of the Board of Directors of 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 Brazil's Excavation as Contractor therein, bearing the date June 12, 1998 for construction of a landslide and spillway project and appurtenant facilities upon lands of said District known as Thornewood Open Space Preserve situated in Town of Woodside, State of California, was completed by the said Contractor, on the 8th day of September, 1998. Upon said contract, Star Insurance Company was surety on the bond given by said Brazil's Excavation 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 23`d day of September, 1998, 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 the Vice President of the said Board of Directors this 23`d day.of September, 1998, in Los Altos, California. I CERTIFY, under penalty of perjury that the foregoing is true and correct. Betsy Crowder President, Board of Directors Dated: Signed in Los Altos, California m Reg-tonaln Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-98-113 Meeting 98-20 September 23, 1998 AGENDA ITEM 6 AGENDA ITEM Approval of Meritorious Pay Award for the District Legal Counsel AD HOC BOARD APPOINTEE.EVALUATION COMMITTEE RECOMMENDATION 1. As a result of the Board's evaluation of the Legal Counsel's performance during Fiscal Year 1997-1998, the Ad Hoc Board Appointee Evaluation Committee recommends the Board approve a 5% meritorious pay award for the District Legal Counsel. 2. Adopt the attached Resolution approving a 5% meritorious pay award for the District Legal Counsel in an amount of$3,182.50 DISCUSSION An evaluation of District Legal Counsel was conducted by the Ad Hoc Board Appointee Committee in December 1997. As a result, in January, 1998, the position of District Legal Counsel was increased to a two-thirds time employee position with no cost of living adjustment for Fiscal Year 1997-1998. The District Legal Counsel Employment Agreement provides for an annual review of the performance of the District Legal Counsel. Based upon that review, a meritorious pay award may be granted ranging from 0% to 5% of salary. Meritorious pay is not a salary adjustment, but rather recognizes meritorious performance during the previous year of service. In July 1998, the Ad Hoc Board Appointee Evaluation Committee met with the District Legal Counsel to consider the appropriateness of a meritorious pay award. The Committee recommends that the Board approve a 5% meritorious pay award for the District Legal Counsel based upon the meritorious performance of the District Legal Counsel, and the significant and complex projects which were completed last year which required extra efforts on her part. These included the negotiating and drafting of settlement documents for sensitive and complex acquisitions and related open space easements; revision of internal-affairs and discipline procedures for peace officers; work with the Coastal Ad Hoc Committee and the Board on procedures and legal issues concerning coastal annexation and election; and management of defense and partnering with special counsel for pending litigation. Submitted by: Ad Hoc Board Appointee Evaluation Committee (President Crowder and Directors Siemens and Nitz) Contact person: Director Siemens 330 Distel Circle Los Altos, CA 94022-1404 Phone:650-691-1200 FAX: 650-691-0485 * E-mail: mrosd@openspace.org Web site www.openspa(-e.org Board of 1)irector4 Pate Siemens,May C.Davey,led(:yr,David T.Smernoff, Nonette Nanko, Betsy Crowder, Kenneth C. Nitz - General Nixuger l.Craig Britton RESOLUTION NO. A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING A MERITORIOUS PAY AWARD FOR THE DISTRICT LEGAL COUNSEL WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District entered into an Agreement, dated March 13, 1994, with Susan Schectman employing Schectman as the District's Legal Counsel; and WHEREAS, the Agreement provides for a meritorious pay award based upon the District Legal Counsel's performance; and WHEREAS, the Board, based upon its review of Schectman's performance, desires to grant her a meritorious pay award of 5%, or $3,182.50, in recognition of meritorious performance during the previous year of service; THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does grant the District Legal Counsel by adoption of this resolution a 5% meritorious pay award in the amount of$3,182.50. Regional Open Siace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Mans DATE: September 23, 1998 SUBJECT: FYI 330 Distel Circle Los Altos, CA 94022-1404 Phone: 650-691-1200 FAX: 650-691-0485 • E-mail:mrosd@openspace.org Web site:www.openspace.org Board of Directors:Pete Siernens,Mary C. Davey,Jed Cyr,David-1.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz - General Manager:L.Craig Britton Regional Open , • ace ---------------------— MIDPENINSULA REGIONAL OPEN SPACE DISTRICT September 23, 1998 Similar letter sent to: Paul Romero, Santa Clara County Parks Mary Burns, San Mateo County Parks Paul Romero Audrey Rust, Peninsula Open Space Trust Director, Santa Clara County Parks Larry Coons, Santa Clara Open Space Authority 298 Garden Hill Drive Los Gatos, CA 95030 Re: Revised Basic Policy Dear Mr. Romero: Your commission participated in our Regional Open Space Study workshop process, including review of the District's Basic Policy document. Enclosed for your review is the revised Basic Policy, tentatively adopted by the District's Board of Directors on July 8th. Please forward the draft document to the Parks and Recreation Commission for review. Final adoption is scheduled for November 18*. We would appreciate receiving any comments by November 6th, to my attention. Thank you for your continued interest. Sincerely, Randy Anderson Senior Planner 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200 FAX:650-691-0485 - E-mail:mrosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz -General Manager:L.Craig Britton .__ ..�_._ ...^^'^ r.,.. .-1�-'•.: ,�'��:.i._5C'Y.."'rip"fA:kt'IJ>titrY: Yh`x:.ipKl,::kit^�SC#'�",T`.�.'>wt7'r'.nP: Save,theAedwon Le,3,(Yue 114 S catirarnitl 9410A-U 14 , X S tncisco Telephone (415).362-2152 • Facsimile (415) 362-7017 ® $0 e-mail: S4rcd%v0od% igc.or9 m YEAR...S e - s g September 22, 1999 i omcr-its r ,4attd t:.Necr.PprmWent A.L Sk-mAa:.VW Pft'h1drnt ,Jeanne Sedgewick raw A.Ii,w.atrd a _ rDtterrnattrrtj The xwrrJ to,t>'1,tcMrr Conservation Program Director I ntk H:Vralttacwltt.1hwborr, David and Lucille Packard Foundation V.cterrttl'..,w/r:Yterttitu•nrMtn+' � - "�,, Arxlcretrt trwtrnrr.utt..r 300 Second Street,Suite 200 Los Altos, California 94022 COUNCIL i l.wn'anl K'W-Adry AUco (:att A.A,« Dear Jeanne: Air..t:mawi r_tiaha" i c irvt}yr yRYtac[.)r ry,rttpn di.GMl+eatx'n The League has been informed by the Midpeninsula Regional open Rdan t•.tanctiak - N ^��` Space District that they need a letter of support for their Grant quest Pre-proposal for uchnical work related to annexation of the San Mateo *%Amin}.ilatitnw ,t,atn ot>�ll-r• i County Coast. .•>tn Froalfla�Fttqulaae � ""`�`b,tyttltar The League is most supportive of tl}e District's work and we believe that lytc K.tkfww+> ticn t:.Come ir. r7,t>r.r tiNryo" their presence in San Mateo will bejadvantageous. Although most o the x:rhanl N.<:t.ktrnan Yinlant G-N-an League's work centers around the S ate Parks, many other organizations t:itlxYt at.<:to,wrm.r •Nn.Fdwxhl N.tlrtd>7! ,k V I need public entities to accept lands at the local level for conservation an t.lU�tlra A.IU&T" public use.. Itarn C fktw�cd ' '.... .""" • "°"""" our rant will XKUAA" in the long run, if the District extehds its boundaries,y g i�ikaa,r�ttt """r Lcon have made it possible for this wel14un organization to acquire an ltli vtnt 1.la'!d„ t2Yti&A.tak& 1).n.M t&4M N.A maintain more parks for the public and for the good of the lan . NryAx n Mwlr r pICIMu n..n ]anl it.itaYtyetmt.}r. ' �,t.rrttt t)tnduttn.Jr *Nwhant t�tkar ( 7aatyytaY 1tceMaTwd•t'rn�A�a _ Most sincerely yours, }r- t;arw�c Y.Nntt'tM VC11xn Ktks 1etniay F.+aukt }<d.n tt.'taltOr Yta.d;lC ttctwt►nrth • t 4chN.atn I.{t�nt.rrxth tYanay Y Mi�Mr. I .Mtn.Ann KK-+eerK:.ikYtr Mary A.Zge ).w>v vraewtY' I 1V1 .r,iraYvw>< ..rh.tawnr}•trip lhaykraut I Atlrrcnry•owturhn- cc. L. Craig Britton $ I OFl}iG`t'S 1.F..weenrt etetttlr.4,"npex.ra• - I .. trc Trr:d our oyl tawcati wkh ow t.*fiwtda state i part.t:.w.nioii+n. tar Matlt�t pus;sa,Mcr. .1dtaY a�'t. i"a'„ahl.�IwnR IOtd...x+.l i tnc tort t.ratis>qA• - tarti` attd ot1.aY ttt� I i-k.,'wcDa.•r llyd�►'•><'d grope,I7 Mw� ,w!»a"Ittkn a t~and d.,:•fia..YK tool a7.ntartMa' twwa•W—at amlel'ohd5 K d tha.aMfa ad the Nk+a`x!ItLowtuo or*cywtia aryl-(her 6 dv^w .- A.natio to"mrarr %. t4 ca. a• I . era.nl.natY irwtnr+t ta.4 nia.aeuw«.a.d.—A Z��TM3 ON rctydi0 1«rr..l.a.tGMTtM 1 10'd VV:6 86, 2Z daS Zj0jZ9j2SIV:XPj 6paj spoanpad-a44-aAPS Regional Open Space I� MIDPENINSULA REGIONAL OPEN SPACE DISTRICT September 3, 1998 Ms. Jeanne Sedgewick Conservation Program Director David and Lucille Packard Foundation 300 Second Street, Suite 200 Los Altos, CA 94022 Subject: Support for grant application#3175 Dear Ms. Sedgewick: The Land Trust for Santa Clara County will provide a much-needed presence in an area where there is no other private non-profit land conservation entity. As a partner to the local government agencies involved in managing open space and park lands, this trust has an unparalleled opportunity to make a huge difference in the public's quality of life both today, and in the future. The Mid peninsula Regional Open Space District hopes that the David and Lucille I Packard Foundation can assist this fledgling land trust in getting established, so it can then gain a foothold in the area and begin its land conservation efforts. There are many critical time-sensitive opportunities for land conservation in Santa Clara County, which this new land trust can address if it is able to quickly become operational. The help of the Foundation will ensure that no time is lost, and will thereby enhance opportunities for land conservation to be undertaken by the Land Trust for Santa Clara County. Please give your utmost consideration to grant request#3175. Si erely,�' L. Craig ritton General Manager LCB/mcs cc: MROSD Board of Directors Larry Coons 330 Distel Circle • Los Altos, CA 94022-1404 Phone:650-691-1200 FAX:650-691-0485 • E-mail: mrosd@openspace.org Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff, Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton 1 Regional Open , we 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Simila r letter sent to: Steve McCormick, Executive Dir. , The Nature Conservancy Veryl Clausen, Executive Dir. , Sernpervires Fund September 22, 1998 John Woodbury, Bay Area Open Space Council Audrey Rust, Executive Director Peninsula Open Space Trust 3000 Sand Hill Road, 4-135 Menlo Park, CA 94025 Dear Audrey: I'd like to thank you for the letter you wrote to the Packard Foundation in support of the District's grant request. Such a strong recommendation from you and POST will surely illustrate the project's worthiness and widespread support. I have high hopes for the District's preservation efforts on the San Mateo County coast, and look forward to continuing the excellent working relationship that POST and the District have enjoyed,toward that objective. Again, thank you for supporting the District's grant request to the Packard Foundation. Si erely, L. Craig Britton General Manager LCB/mcs Cc: MROSD Board of Directors 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200 FAX:650-691-0485 • E-mail: mrosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton SEP 1 7 1`9R Peninsula Open Space Trust t..: Board of Directors September 16, 1998 Allan F.Brown Patricia A.Compton Vince S.Garrod Ms. Jeanne Sedgewick Sukey Grousbeck Conservation Program Director Christina A.Holloway Melvin B.Lane The David and Lucile Packard Dianne McKenna 300 Second Street, Suite 200 Norman E.Matteoni Los Altos, CA 94022 David W.Mitchell F.Ward Paine William Reller Dear Jeanne: Karie Thomson Anne M.Westerfield I write in support of the proposal submitted to The Foundation by the Advisory Council Midpeninsula Regional Open Space District (MROSD) for$200,000 to fund Robert E. Baer rger research needed for their proposed annexation of the San Mateo County Eleanorr Baer Boushey coast. Annexation Y an Mateo coast w greatly James Ai b MROSD of the S ill enhance y Sheldon Breiner,Ph.D. the abilityof the Peninsula Open Space Trust to assure a Robert V.Brown P P ss a appropriate long- Robert V. dark M.D. term stewardship of protected lands. Their precence will also allow POST to WilliaSue Crane provide appropriate public access. With MROSD and POST working Lois Crozier-Hogle together on coastal projects, I believe that The Foundation will be able to Laurence Dawson Herben j.Dengler better fulfil its objectives for this geographic area. Peggy Dennis J.Philip DiNapoli Midpeninsula Regional Open Space District is a single purpose district with Phyllis Draper Clarence J.Ferrari,Jr. an independently elected Board of Directors. Unlike other government David L.Fletcher agencies whose funding and focus can change with competing needs (as we Thomas W.Ford have seen at the county, state and federal levels) MROSD has only a single Rosemary Hewlett Patricia L.Hooper aim: "To acquire and preserve a regional greenbelt of open space land in Mary P. M.D. B. Suzanne B.King perpetuity; protect and restore the nature environment; and provide Robert C.Kirkwood opportunities for ecologically sensitive public enjoyment and education." Robert W.McIntyre Every dollar the Open Space District receives is used to fulfil this mission. George M.Marcus Because of this,The Packard Foundation would find its funds leveraged Jacqueline Mayer Robert H.Miller many times over with public money. Gordon E.Moore,Ph.D. Bette Moorman h a grant from The As you may remember, POST was established with Janet Morris , Susan P.Orr Packard Foundation which was matched with funds from the Midpeninsula Paul O.Reimer Regional Open Space District. Since that time, more than 20 years ago, POST Barbara Doyle Roupe Alexander H.Schilling,Jr. and MROSD have successfully partnered on dozens of projects. We have Fritz Snideman always found the people with whom we've worked at the MROSD to be Geraldine F.Steinberg Rosemary Young oug g g $� g thoughtful,creative, strategic, and effective in saving land and in giving it Lea Zaffaroni permanent protection. Executive Director AudreyC.Rust Currently, there is no public partner with whom POST can work on coastal lands. Although we do projects with State Parks, the Coastal Conservancy and the County of San Mateo, none of these agencies have the assured 3000 Sand Hill Road,4-135 funding or focus of MROSD. It has been difficult to involve the state or Menlo Park,California 94025 Tel: (650)854-7696 Fax: (650)854-7703 www.openspacetrust.org The David and Lucile Packard Foundation page 2 September 16, 1998 county in new acquisition or stewardship efforts, which obviously inhibits POST's ability to undertake additional projects. With MROSD in the picture, we will have access to their professional staff and experience in developing overall open space protection plans and strategies. Their ability to take title to some of the lands we acquire will be a real boon. In addition to needing the kind of coastal partner MROSD would provide, all P the information and systems developed under The Packard Foundation grant would be available and useful to POST, thus eliminating the need for our organization to undertake any of this activity. We are particularly interested in the GIS information, which would be done in greater depth than POST could accomplish. The Peninsula Open Space Trust highly recommends funding the current proposal submitted to The David and Lucile Packard Foundation by the Midpeninsula Regional Open Space'District. Sincerely, Audrey C.Ost Executive Director cc: Michael Mantell, California Environmental Trust L. Craig Britton, Midpeninsula Regional Open Space District ' ! Peninsula Open Space Trust September 5, 1997 Board of Directors Allan F.Brown Mr. Mark Valentine Patricia A.Compton The David and Lucile Packard Foundation Vince S. u 300 Second Street Sukey Grousbeck Christina A.Holloway Los Altos, CA 94022 Melvin B.Lane Dianne McKenna Norman E.Matteoni Dear Mark: David W.Mitchell F.Ward Paine Proceeding and concurrent with our discussions regarding The Packard William Reller f the Central California Coast I have interest in the protection o e C Karie Thomson Foundation's p � Anne M.Westerfield been in discussion with the Midpeninsula Regional Open Space District kv( thl* ttv Whk(W thie mINA, Qlwv thw liwqt Robert Augsburger year of discussions and meetings they have become enthusiastic about the James E.Baer possibilities of such an expansion (their boundaries currently stop just west of Eleanor Boushey Sheldon Breiner,Ph.D. Skyline Boulevard) which would allow them to hold and manage land on the Robert V.Brown coast, especially that with a public access component. William H.Clark,M.D. Sue Los Craozier-Hogle In POST's view, the presence of the management capabilities of MROSD would Laurence Dawson be a tremendous advantage in our coastal work. As a government agency with Herbert J.Dengler an independently elected board focused solely on permanent preservation and Peggy Dennis J.Philip DiNapoli low intensity recreational use of open space, they are not subject to the trade- Phyllis Draper offs we so frequently see with state and county governments and their parks Clarence J.Ferrari,Jr. David L.Fletcher departments. In addition, the Open Space District is experienced in Thomas W.Ford management issues and understands partnershiparrangements with both Rosemary Hewlett g g Patricia L.Hooper private and other public entities. Mary P.Hufty,M.D. Suzanne B.King If the District is to proceed with such an idea there will need to be considerable Robert C. McIntyreod planning done in advance of public meetings as well as other steps to be Robert W.Mcintre P $ p g P George M.Marcus undertaken. Much of this work would be extremely useful to all of us in Jacqueline Mayer Robert H.MiNer tracking and evaluating properties for protection. Since I have kept The ' Gordon E.Moore,Ph.D. Foundation's interest in this area confidential,I asked staff of the District t0 Bette Moorman Janet Morris produce a brief outline of the expenses which would be incurred in the Susan P.Orr planning for expansion to the coast for my review. The attached two pages are Paul O.Reimer the result. Barbara Doyle Roupe Alexander H.Schilling,Jr.Fritz Snideman Although this would be a grant directly to Midpeninsula Regional Open Space Geraldine F.Steinberg District, I think funding the planning needs outlined here will forward both The Rosemary Young Lea Zaffaroni Foundation's and POST,s objectives in saving the coast. I would appreciate Executive Director your letting me know of your level Of interest in this idea. Audrey C.Rust Since4ely, eudrey C. s3000 Sand Hill Road,4-135Menlo Park,California 9402ive lrector Tel: (650)854-7696 Fax: (650)854-7703 www.openspacetrust.org 7�T � California Regional Office International Headquarters 1 V 201 Mission Street,4th Floor Arlington,Virginia Conservancy® San Francisco,California 94105 TEL 415 777-0487 FAx 415 777-0244 fr 415 777-0772 September 4, 1998 CE!V03 Ms.Jeanne Sedgwick Conservation Program Director S E P 8 i �! David and Lucile Packard Foundation 300 Second Street, Suite#200 Los Altos, CA 94022 Subject: Midpeninsula Regional Open Space District grant application regarding azmexatia..of the San Mateo County coast Dear Jeanne: I am writing in support of the Midpeninsula Regional Open Space District's request for funds for technical support needed to pursue the annexation of the San Mateo Coast into the District's jurisdiction. As you know,one of the most challenging aspects of protecting any natural area is its ongoing management, maintenance and oversight. This is particularly the case near large urban areas,and where recreational use is an important part of activities on the landscape. Within its current jurisdiction,the Midpeninsula Regional Open Space District has a long and respected history of preserving scenic and natural areas and providing a suite of recreational opportunities for the public. The absence of this kind of management support on the coast side of the county limits the capacity of the conservation community to protect new lands there.Expanding the District's jurisdiction would significantly increase the prospects of effective protection of additional lands and of providing compatible recreation opportunities Effective conservation requires a broad range of capabilities,including those which the Open Space District has long demonstrated. As a local entity with broad community support,it has excellent prospects of securing the necessary voter support. We applaud the District's interest in engaging to meet needs on the San Mateo coast,and hope that the Packard Foundation will look favorably upon its request for funding. Please call me or Chris Kelly, Acting Central Coast Area Director,if you would like any further information or have any questions. Sincerely, htevoormick Executive Director CC: Michael Mantell recycled paper so 1-4 Sempervirens Fund 1 Drawer BE, Los Altos, CA 94023-4054 0 650/968-4509 Fax 650/968-0713 www.sempervirens.org For the preservation of redwood lands S E P 8 Board of Directors !LiA C _jCkharQ[ .V"clwl S Barton vice Resident Betsy 9, PLSS ecre'?ry L _ycrey September 4, 1998 • ensure. ?=err A Bryan M?ry C :-'avey Jeanne Sedgwick 'A/Ili*.rr N HarrIS 341 V Fernandez Conservation Program Director Tony Look :,Iln're,er The David and Lucile Packard Foundation Eflen'_- Weaver 300 Second Street, Suite 200 Izi 'ara= w-,ear m.0 S'fr­'N WYCKC)ff LOS Altos, CA 94022 Gec'ge CcIlins r Cnz?ry Vice HOwa.1,�,''Kirg Dear Jeanne: ­cnc-?:j vice'esicenr .hcrras K.McCarrry Sempervirens Fund has been asked to provide a letter Honcrary Vice Presjce-i supporting a grant proposal to the Packard Foundation by the Sponsors _-a.-,;ey'V' Barnes Midpeninsula Open Regional Open Space District asking for Alan F Brown financial assistance associated with MROSD' s plans for M'=1e-V Brow, s Rcte-'Buster annexation of the San Mateo County coast within their Cark jurisdiction. Jar-e.z 3 comoron Wtel_-;rre,ce, VIS V-1115 V! _F_zwe As Midpen' s pre-proposal letter indicates, Sempervirens has 7coe"-3 F;lr)t.jr 7cterz i 5eisie, met with the District and we support their presence in land _Ccwara 3irzror conservation efforts in this coastal area . Vicnae--D Greer IAM;iarr R Hewlett Leo A�cefer We urge the Packard Foundation to award this grant to help ?e,7ny 3erocde Jay DCralcl Q4ineov extend the work of preserving these significant lands . :zccerz C.Kirkwood Be-yjc,-esKroerer Melvin 3 Lane Mrs ice Lauarlii- Sincer 1 Mrs I S Mark Rcterr VcIn[yre Brian C Neill Margare:0wings Ver lv yn Clausen 3111y?�Icr ?ot)e,t_--Remcel Executive Director Kirk Srri:n Mrs.jean S Steinnarat V'v)W stvpula Denzil ve,ardo e—je K--4:r A M Waiker cc: Craig Britton ✓ _Pl.ries.A Walton Advisors <ircej 7 Blau Dcris Lecnarcl Aexanc:,-r Lowry Betsy 3;ats Shorwell 'Acraei-- Soule .teener M.ctevick Executive Director Ve.r;yrlr Clausen ?r.r;ec_n qecycled Paper III CC) BAY AREA M_ September 3, 1998 _ _ OPEN SPACE Ms. Jeanne Sedgwick C O U N C I L Conservation Program Director S E P 4 i 9 t+ David and Lucile Packard Foundation A,' . 4fi lSULA PELM I'AlL STEERING COMMITTEE 300 Second St, Suite#200 '•V " ACE uIUPT"'l CHRISTINA BATT Los Altos, CA 94022 Martinez Regional Land Trust ROBERT BERNER Marin Agricultural Land Trust jam: Midpeninsula Regional Open Space District Grant Request FRAN BRIGMANN Marin County Open Space District CRAIG BRITTON Dear Ms. Sect ick: Midpeninsula Regional Open Space District HARRIET BURGESS American Land Conservancy DAN CATHER I am writing in connection with the pre-proposal for grant funding City of Walnut Creek VERL CLAUSEN submitted by the Midpeninsula Regional Open Space District related to Senpervirens Fund their potential annexation of the San Mateo coast. ANN COLE Trust for Public Land LARYSanta Clara County Op e°Os�e Authority The goal of the Bay Area Open Space Council is to advance a ROBERT E. DOYLE East Bay Regional Park District comprehensive and coordinated approach to preserving, restoring an HARRY ENGELBRIGHT Tri City&County Cooperative Planning Group managing Peri the o space lands which are So critical to the San p NEAL FISHMAN Francisco Bay Area. Consistent with this goal, we are excited about State Coastal Conservancy BUD GETTY the potential annexation of the San Mateo coast by the MROSD. California Dept of Parks and Recreation PATRICIA GLOYD Greater Vallejo Recreation District The annexation would close a major jurisdictional gap in the region. DAVID HANSEN Sonoma County Agricultural Preservation Several non-profit organizations, notably the Peninsula Open Space and Open Space District JOHN HOFFNAGLE District and Sempervirens Fund, have protected some spectacular Napa County Land Trust CLIFFORD JANOFF resources in the area, but by themselves they cannot adequately meet Bay Area Ridge Trail Council the challenges posed by intense development pressure. DAVID KATZ Sonoma Land Trust GSERY ave Mt.Diablo" We are blessed to have such an extensive and largely unspoiled coastal MARGE KO S resource so close to over 6 million people. The area has unique natural US Fish and Wildlifee Service e JANET MCBRIDE habitat and agricultural values, and is also a prime recreational San Francisco Bay Trail Project PAM MUICK resource. Public support for protecting the area is high, and prospects Sobno County Farmlands and Open Space Foundation for funding over the long term are good. To move forward however, BRIAN OINEILL advance planning money is essential. This is what the grant proposal Golden Gate National Recreation Area PAUL ROMERO would accomplish. County of Santa Clara CARLA RUIGH City of San Jose AUDREY RUST Please do not hesitate to contact me if I can be of any assistance as you Peninsula Open Space Trust evaluate their proposal. I can be reached by phone at (510) 654-6591. PHILIP SALES Sonoma County Regional Parks JIM SAYER Greenbelt Alliance Sincerely, NANCY Sy AEFER p, I� San Francisco Ba Joint Venture3,,4►'^.�- ERIK VINK American Farmland Trust PAMELA WICINAS John Woodbury South Livermore Valley Land Trust DAN WILLIAMS City of Palo Alto 5 T A F F JOHN WOODBURY BAY AREA OPEN SPACE COUNCIL Program Director 530 Bush Street, Room 303, San Francisco CA 94108 (415)398-3730 Fax: 398-6530 Robert and Zelda Angus 5500 Alpine Road Portola Valley, California 94028 September 18, 1998 Mr. Craig Britton General Manager Peninsula Open Space District 330 Distel Circle Los Altos, CA 94022 Dear Craig, As you will recall, we spoke last month about our concerns regarding conditions on your property adjacent to our residence on Alpine Road in Portola Valley. The seriousness of this issue compels us to write this letter reiterating those concerns. Last winter's severe storms created a very large logjam of downed trees and vegetation across Corte Madera Creek on your property upstream from our house and a bridge used by ourselves and several other residents for primary entrance and egress as well as access for emergency vehicles. Unless this logjam is cleared prior to the coming storm season there is a very real danger that major damage will be caused by those trees washing downstream along with the huge surges of water that are characteristic of these conditions. We believe that clearing this jam now will likely avoid serious and costly problems later. Craig, over the past few months there has been a concerted effort to clear the creek. The town has removed many trees and other obstructions. We have worked very hard to clear our property as well. We respectfully request the Open Space District to move quickly to clear this potential problem this year. Working together we can hopefully avoid further damage from the past and future storms in the region. You can count on our full cooperation and support in this endeavor. Regard Robert and Zel ngus cc: Betty Irvine, Town of Portola Valley Engineer Town of Portola Valley council members Regional Open *ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT September 22, 1998 Robert& Zelda Angus 5500 Alpine Road Portola Valley, CA 94028 Dear Robert& Zelda: Thank you for your September 18 letter regarding the Corte Madera Creek log jam located upstream from your property. After the winter we endured last year, I can understand your concern that the logjam be removed prior to this year's storm season! District staff is currently working to remove the log jam; I'd like to share with you our efforts to date, and our plan for completing the project this fall. District staff visited the site on several occasions to evaluate the bulk of the logjam and prepare a schematic site plan. Based upon that information, we have formulated an approach to the project and prepared a rough cost estimate. We believe our best approach will be to hire a contractor on an hourly (time and materials) basis. We are currently contacting qualified contractors to determine their interest and availability. By our estimation, we should be able to clear the log jam with an excavator and operator in about three days. Once we have located a qualified contractor and have a start-up date, we will be in contact with you. In the meantime, if you have any questions about this project, please call Mary de Beauvieres at(650) 691-1200. Thank you. I Si cerely, L. g Britton General Manager 330 Distel Circle Los Altos,CA 94022-1404 Phone:650-691-1200 FAX: 650-691-0485 - E-mail:rnrosd 0( openspace.org Web site:www.openspace.org Board of Directors:Pete Siemens,Miry C.Davey,led Cyr,David T.Striernoff,Nonette Hinko,Betsy Crowder,Kenneth C.Nitz - GeneralMarraget L.Craig Britton Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT September 18, 1998 Chairman Robert Wolf and Commissioners California Transportation Commission 1120 N. Street, Rm. 2233 Sacramento, CA 95814 Subject: September 22, 1998 Commission meeting, agenda item 4.5, Federal TEA Program Design Dear Chairman Wolf and Commissioners: On behalf of the Midpeninsula Regional Open Space District(MROSD), I am writing in strong opposition to the revised proposal for the TEA program design that would eliminate the Environmental Enhancement and Mitigation Program (EEMP) in California. The MROSD is an independent special district which acquires, preserves, and manages open space lands in the San Francisco peninsula region. The District has received a number of grants from the EEMP , resulting in enhanced recreational and alternative transportation opportunities for the public. The EEMP was established by the legislature and the voters. It seems clear that it is not appropriate for the California Transportation Commission to make public policy directly contrary to what the legislature and the voters have mandated. The District strongly opposes the elimination of the EEMP, and the proposed transfer of Federal Enhancement funds out of the TEA program. I trust that you will make the right decision and vote to delete these objectionable provisions from the current proposal. neerel L Cra General Manager LCB/mcs cc: Honorable Byron Sher Honorable Ted Lempert Honorable Jim Cunneen MROSD Board of Directors Secretary Douglas Wheeler, Resources Agency 330 Distel Circle * Los Altos, CA 94022-1404 Phone:650-691-1200 FAX:650-691-0485 - E-mail: mroscluopenspace.org Web site:www.openspace.org Soxd of Ofrertors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko, Betsy Crowder,Kenneth C. Nitz • Gene°r.3/Manager:L.Craig Britton SAMPLE LETTER OF SUPPORT -MROSD HABITAT CONSERVATION FUND GRANT September 18, 1998 Mr. Keith Steinhart Project Officer, Local Services Section Dept. of Parks and Recreation P.O. Box 942896 Sacramento, CA 94296-001 RE: Midpeninsula Regional Open Space District Grant Application-Addition to Lobitos Creek Headwaters Project Dear Mr. Steinhart: I would like to express my strong support for the Midpeninsula Regional Open Space District's Habitat Conservation Fund application for a$325,000 matching grant to acquire an addition to the Lobitos Creek Headwaters Project. This grant will help the District acquire a 53-acre property as an addition to its Purisima Creek Redwoods Open Space Preserve in San Mateo County. In 1997,the District acquired the surrounding 48 1- acre Peninsula Open Space Trust property with a grant from the Habitat Conservation Fund. That property became part of the Purisima Creek Redwoods Open Space Preserve, and is now open to the public. This 53-acre property,which could be developed with two home sites and is subject to future logging activity,will not only expand public recreational opportunities at this preserve but will also permanently protect certain unique wildlife habitats. The grant application(in the Anadromous salmonids and trout category) is based primarily on the importance of this property in protecting upper Lobitos Creek as spawning area and habitat for the Federally-threatened steelhead trout. In addition, this acquisition will protect the habitats of the endangered red-legged frog and several species of special concern, including Cooper's hawk, long-eared owl,golden eagle, osprey,and Western pond turtle. The property and surrounding area is rich in wildlife, contains open grassland with panoramic views to the ocean,moss- draped Douglas fir, and rugged ridges and redwood-filled canyons. District acquisition will permanently preserve these features for future generations. This project will add an immediate and significant enhancement to both resource and recreational values. I urge you to ensure that the Midpeninsula Regional Open Space District receives funding for this addition to the Lobitos Creek Headwaters Project. Sincerely, (your name) cc: Midpeninsula Regional Open Space District Identical letter sent to: Sandy Nichols,Executive Honorable Rueben Barrales Audrey Rust,Executive Director San Mateo County Board of Director The Trail Center Supervisors Peninsula Open Space Trust 3921 E.Bayshore Road 400 County Center 3000 Sand Hill Rd.,4-135 Palo Alto,CA 94303 Redwood City,CA 94063 Menlo Park,CA 94025 Mary Burns,Director Honorable Rich Gordon Steve McCormick,Executive San Mateo County Parks and San Mateo County Board of Director Recreation Supervisors The Nature Conservancy 455 County Center 400 County Center 201 Mission St.4th Floor Redwood City,CA 94063 Redwood City,CA 94063 San Francisco,CA 94105 Honorable Byron Sher Honorable Tom Huening John Woodbury Member,California State San Mateo County Board of Bay Area Open Space Council Senate Supervisors 530 Bush Street,Rm.303 702 Marshall Street,#290 400 County Center San Francisco,CA 94108 Redwood City,CA 94063 Redwood City,CA 94063 j Honorable Tom Campbell Member,United States House Clifford Janoff,Executive of Representatives Director 910 Campesi Way,#1C Bay Area Ridge Trail Council Campbell,CA 95008 311 California Street, Suite 510 Honorable Anna Eshoo San Francisco,CA 94104 Member,United States Congress Julia Bott 698 Emerson Street Sierra Club Palo Alto,CA 94301 3921 E.Bayshore Road Palo Alto,CA 94303 Honorable Jim Cunneen Member,California Assembly Jim Sayer 901 Campisi Way,#300 Executive Director,Greenbelt Campbell,CA 95008 Alliance 530 Bush Street,#303 San Francisco,CA 94108 Honorable Ted Lempert Member,California State Veryl Clausen,Executive Assembly Director 4149-B El Camino Way Sempervirens Fund Palo Alto,CA 94306 Drawer BE Los Altos,CA 94023 Honorable Mike Nevin San Mateo County Board of Honorable Barbara Boxer Supervisors Member United States Senate 400 County Center 112 Hart Office Building Redwood City,CA 94063 Washington,DC 20510 Honorable Mary Griffin Honorable Diane Feinstein San Mateo County Board of Member,United States Senate Supervisors 331 Hart Office Building 400 County Center Washington,DC 20510 Redwood City,CA 94063 RegionalOpen Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT September 18, 1998 (name) (title) (address) (city state zip) Dear(greeting): The Midpeninsula Regional Open Space District is applying for a$325,000 Habitat Conservation Fund (HCF)grant,and your assistance is crucial for the successful award of these funds. Tile District is seeking this grant to help purchase a 53-acre property as an addition to the Lobitos Creek Headwaters Project,to be added to the adjacent Purisima Creek Redwoods Open Space Preserve. In 1997,the District acquired the surrounding 481-acre Peninsula Open Space Trust property with a grant from the Habitat Conservation Fund.This property adjoins that acquisition. This property offers an outstanding combination of resource and recreational values. It includes headwaters of Lobitos Creek, critical habitat for spawning steelhead trout, and for the threatened red-legged frog. Its redwood and Douglas fir forests, coastal chaparral, and grassy ridges are also rich in wildlife, are prime deer and mountain lion habitat,and support several California Species of Special Concern including Cooper's hawk, long-eared owl,golden eagle,osprey,and Western pond turtle. Acquisition will permanently protect these unique resources and will also expand recreational opportunities at Purisima, one of the District's most popular open space preserves. Outstanding wildlife viewing opportunities, panoramic views to the Pacific, and rugged terrain make this addition even more important for the public benefit. This is a rare opportunity and it would be very helpful if you could provide a letter of support for this project. Please direct letters to Mr. Keith Steinhart,Project Officer,Local Services Section, Dept. of Parks and Recreation,P.O. Box 942896, Sacramento,CA 94296-001, fax#(916)653-6511. Attached is a sample letter of support that you may wish to use as a guide in preparing your letter. I apologize for the short notice; it would be most helpful if your letter is sent as soon as possible,prior to the September 25 deadline. We would also appreciate it if you provided our office with a copy. Thank you for your continuing support of our goals of enhancing regional open space, preserving unique wildlife habitat, recreation programs,and public access. Sincerely, Betsy Crowder President Board of Directors III BC/mcs cc: MROSD Board of Directors 330 Distel Circle Los Altos, CA 94022-1404 « Phone:650-691-1200 FAX: 650-691-0485 • E-mail: mrosd@openspace.org Web site:www.ol)etispace.org Board of Directors:Fete Siemens,Mary C. Davey,led(yr,David T.Srnernoff, Nonette Nanko,Betsy Crowder,Kenneth C.Nitz - General Manager.I.Craig Britton THE REDEVELOPMENT AGENCY OF E CITY OF September 17, 1998 R E D W O C I T Y Board of Directors Mid-Peninsula Open Space Dist. 330 Distel Circle Los Altos, CA 94022 • REDWOOD CITY, CA 940113 RE: The Proposed Fourth Amendment to the Redevelopment P H 4 1 5 . 7 8 0 7 2 9 1 Plan for Redevelopment Project No. 2 ("Fourth Amendment') F A X 4 1 5 . 7 8 0 . 0 1 2 8 T D D 4 1 5 . 7 8 0 . 0 1 2 9 The Redwood City Redevelopment Agency is sending this letter as an update on the above referenced project. At the June 8, 1998 public hearing on the Fourth Amendment project, the Agency BoarcliCity Councii passed a motion to continue the joint session, o; this issue to Monday, September 28, 1998. It currently appears that there will not be a quorum of the Council members able to vote on this issue at the September 28 meeting ' so the Fourth Amendment topic will be re-scheduled for discussion at the October 12, 1998 City Council/Agency Board meeting. At the October 12, 1998 joint hearing, staff will recommend that the Agency Board/City Council terminate all proceedings relating to the adoption of the Fourth Amendment. This recommendation stems from the public input received at the hearing, in combination with changes in the economy and the amendment proposal since this process was started in 1994. In summary staff will recommend that the City Council/Agency Board make a formal motion at the October 12, 1998 meeting to abandon the adoption process for the proposed Fourth Amendment. This letter is being sent to all those who spoke and submitted written comments at the June 8, 1998 public hearing. The joint hearing on the 4tn Amendment was formally continued to September 28, 1998, so the item will still appear on the agenda for September 28, 1998. We understand that you may still wish to attend this September 28 meeting. However, we wanted to give you notice that there will be no action at this meeting. If you have any questions about this letter or require additional information, please call Michael Cady, Redevelopment Specialist, at (650) 780-7294 Sincerely, E:�� Michael Church Executive Director SEP 1 8 c: Taxing Agencies r Dedicated to opening the doors of opportunity for all residents and users of Redwood City programs,services,and facilities 1 22400 Skyline Boulevard Box 25 La Honda, CA 94020 :.' September 16, 1998 S E P 1 8 1 9 9 n Craig Britton General Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Dear Craig: I want to thank you and all your staff for dealing promptly with the dangerous trail situation I mentioned to you in my letter of July 27. I've had several conversations with rangers and technicians about this issue, and I was particularly gratified at the response of Brian Malone. He listened to me gripe, responded intelligently and calmly, and something got done. Once again, I hope I speak for everyone on the hill when I say that your staff up here is the best around. We are grateful for their skills and spirit in more ways than we can ever say. While I would like to reiterate that the gate is probably just fine left where it is, your installing the barriers on the trail has made the possibility of a terrible P tY tragedy less likely, and this buys us a little time to make a good decision about gate placement. Thanks once again. Warmest regards, Cliff Jenkins cc: MROSD Board of Directors S E P 1 8 Mary de Beauvieres r Skyline Ranger Office Land Trust ' For Santa Clara County Santa Teresa Center•6146 Camino Verde Drive,Suite P, San Jose, CA 95119 1460•408-224 7476 Fax 408 224-7548 Board of Directors Jerry Estruth .d :,1 President September 4, 1998 SEP 2� 1 Jim Compton Vice President Mr. L. Craig Britton r - r Chuck Reed General Manager Secretary Midpeninsula Regional Open Space District Sherri Stuart 330 Distel Circle Treasurer Los Altos, CA 94022-1404 Janet Baird Burback Dear Craig, George P.Thomas,Jr. Susanne Wilson Thank you very much for the letter to the Packard Foundation in support of the Land Trust application. With excellent support and guidance from the District and POST, we feel our Board of Directors has been making important progress this past year. And, a grant from the Packard Foundation will hasten the time for the Land Trust to become an active participant in expanding the open space program the District started here in Santa Clara County. We appreciate the enthusiastic support of the members of your Board and look forward to working cooperatively with the District as our program develops. Please call if you have questions or suggestions, Yours truly, l JeW Estruth President Application #3175 cb mrosd 9/4/98 Regional Open Space 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM To: L. Craig Britton, General Manager From: aicael Williams, Real Property Representative Subject: Former TCI Site, Black Mountain, Monte Bello Ridge Open Space Preserve Date: August 28, 1998 August 31, 1998 is our deadline to notify TCI of our intention to re-lease the site or have TCI clean up the site. As you are aware, this site sits apart from the other communication sites on Black Mountain. This site also has the most visual impact from surrounding trails and District land. I received two proposals for the site, the best of which came from EROW with an initial monthly base rent of$1,400 and 25% of gross fees, with income projected to approach $3,000/mo within five years. I have also discussed the possibility of C&C expanding their site with a new building and 130 foot guyed communications tower. C&C is interested in pursuing this option, but are not able to commit to any financial terms without further analysis of the construction costs involved in such an expansion. EROW has also expressed an interest in upgrading or expanding their site. As a Lessee, TCI was paying $7,695/month. Within five years, a new lease would bring between $2,500/mo and $3,500/mo. In any event, the site would need to be upgraded with a new guyed tower to replace the tower that collapsed this past winter, and the undergrounding of additional phone lines. Since the TCI lease expired on 5/31/98, rental income from other communications sites on Black Mountain has increased by $1,919 per month with future increases projected at $1,835 per month within the next three to six months. Recent and projected rental increases will total $3,754/mo. It is my recommendation that we eliminate the TCI site and provide both C&C and EROW opportunities to upgrade or expand their existing sites. This would consolidate the one ride and improve future income potential on Black Mountain. communication sites too ridge, p I i MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 2200 i cl c!e a RANCHO` �• 3 SAN 1' ANTONIO I OPEN SPACE eel0 Road __..,---�-,PRESERVE '1 ACE 0.4 - STANFORD ` ! .8 — 1 J 0.6 (WP03) % EROW i O� ti MONTE BELLO ®O OPEN SPACE _ -/� ' PRESERVE, 16 Trail ` — r 0 O O 2800 Black Mountain; C & C EQUIPMENT o d -trill ean Creek TCI (HERITAGE) 2600 1.2 ATTACHMENT 0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 Mile Regional Open Space 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manager, r DATE: September 18, 1998 SUBJECT: FYI 330 Distel Circle • Los Altos,CA 94022-1404 Phone:650-691-1200 FAX:650-691-0485 • E-mail: mrosd@openspace.org • Web site:www.openspace.org ' Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,David T.Smernoff, Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton Regional Open face a 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT INTE R-OFFICE CE MEMO RANDUM UM TO: C. Britton, General Manager FROM: 11TWilliams, Real Property Representative DATE: September 17, 1998 SUBJECT: Aitken et. al. Property Addition to Russian Ridge Open Space Preserve Escrow closed for the subject transaction on September 9, 1998 and title to and possession of this 43 acre parcel along with a Declaration and Covenant of Restrictions over the 6-acre Home Site owned by the Kennedys passed to the District. I am not aware of any use and management concerns that were not addressed in the staff report to the Board. In accordance with the public notification policy, and since there were no public and/or adjoining owner comments which might require amendment to the use and management recommendations, close of escrow marks the final adoption of the preliminary use and management plan recommendation as tentatively approved by the Board of Directors at their meeting of April 22, 1998. At your meeting of June 24, 1998, the Board approved an Amendment to the Purchase Agreement providing for the reconfiguration of the Subject Property. DEDICATION CHART INFORMATION Dedication Board Status Approval Closing Dedication (Intended or Preserve Area Grantor Date Date Date Acres Withheld?) Notes Russian Ridge Aitken et.al. 4/22/98 9/9/98 43 Intended 6/24/98 Russian Ridge Kennedy 4/22/98 9/9/98 6 Intended Declaration &Covenant of Restrictions over 6-acre 6/24/98 Home Site cc: Board of Directors D. Dolan J. Escobar B. Congdon K. Hart D. Vu C:\FdRMS\CLASING.FRM 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 FAX:650-691-0485 • E-mail:mrosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •General Manager:L.Craig Britton RUSSIANWIDGE OPEN SPADE PRESERVE �:{f.•{,.•4 r +.•t \\:fi:::.`: �+„�+„a?�.;�.•. S 'C,,. ::n`w, .. ,, .A:x\ j}:ii.i:'i::'< :;:::i:<2::::%::::::2`::::::.:. ,\'. .E..••.••.+C \\ 7"aSx�+, �.'�" R+�a.:\"� ,��•,\,. :e: ;4+`;�� .s� -'tits..: :•ir'vvY ,F. +, '"�:.�•\' ^$ate,�\;/•.n,,,��•,`f K`'n t`,•}9-. yC �vf'`:• �} _ 2::':„?:'j.<v+^°f V•' \: •.a �Cz a �\�\w„i � r.;� \.•. w�� d ' z\. :z w:>s::sx;F c:c "�E �'' \:aC.wr':: a::�'S:' :`:'t4':�., p •p. '\'"'a .�a:,:r::;y:,`;rnh,;,,a,,,�+Ff,: :�'a t:' :Y:{�••Y' 4;v\p,+ :. •)t.�:4 ::[a.'r'4: �i:;i:;jii2i_}�:-?:;: � i;v\ �v.;;� '::L,�.\�`�.•dV}... 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'• { ;{ managed and maintained ` PRESERVE �' ^ ��05 r �, b San Count Q::: Y y {:"''``,C-•"+:+�::•.�` ''r.\`"?•in{:':.'•':::F;: .3}4,:,�:�,:;:.:..::>"•�•::}:.,+fir F' '�. 'P• o i r::a:,}::f::ff t::ii.GS;22 :nF:4:3<:"33'ai'•,:•: 't,:tits::.., n:..•xtY .:sue: � 1 r :-�%:•;;. t : fririr2�:"ti. ':}••:t:':..-n:a.}:•.'•::f:,;.: •r\,: {{.;v 7i \ � a:ra.•.a.�w: , 0.3 �:><{':• �r.% .??�'a``�`.•'" � 1 '�' •'.a , V•:, ;{} ;ff:�� ow.z;a'•.<n'4}r,4- :.,,.a;. ws: :}�': J •' h . 0.7 `�^;r .ty}}:f4.:.r•`:x-.^:itif.`-.tF•:::- ,�.. ti: '"?2,ff ?� '.t$'' �- "`��`.Q. :Y., 't`Kt�:- �i /-\ •..=�, :nC�v"`};::'•'.,a'`:^,Y'''.:.... 1800 I - `•, .•f »r,..y`'•X:n".z:irr::f. _1800 — i !},�+' ?.`•a+?:<� •a,"r�n� ',Y"�'��``'`• '-'. - Fr., {;;qv{.:: {'}:.^ Y (CCo2) 1 ,�` ' ..i£• .. •;:''�{��'<''Cs.;`<",c'' .,.M�. ..MAT. '.ti.`-:w`'i'i µw }�}3'"vx:f"vJ,\• 220 PROPOSEDY ,3A, v: F;xmvwN" . ACQUISITION 600 .�C�i tti• ..v .�W7�..;Nna';GLr:.N.•M:•n.:::��`:''<>...;. ( ✓' v' (RR0 (AITKEN) ':t.:.,:�.,: xt os .Sfi3`V':•.. r1l approx. 44 acres , :.:. .-.n.:. / > > kToo \— O ado C� ( '<t<$?' z',•fr;.: ••.t:,zs�+Y ;� �-r � P � `�- •`-1 O`� - \ �.—._. > ?�f`s�c�^"` =>`a>v 4:: 0.3 OS 2200 rnC;' �`.-- i /• 0.3 �.', `\ — - 'i'f%s:?SSi;;:,,. {•i:,:<s;4-. \ MR ,:•"fy?:'� �. _ l- / L ` `�2s72'\` a.C,^''?'Fi:3:}•. •$; .~ .}•" ,{- vn� j�RUSSIAN 0.3 (cc01) n..4.z�• Ri 240oOPFNi0ACE %i"....i PRESERVE . . _ 1600 \ o / -'� \ \ ..1,800 .e 2200 ` o.3 P►Iptrte Ro 210o2000 } I 0.2 1800 -�� 1.0 \ Vz 1.0 t, �O P:d 1800 \ i ,---; f } SKI LINE RIDG� rttptrie= >� '>;:>:; OPEN SPACE Nl,\,`\ PRESERVE' r 600 tit f i `�� � '�:"e K• 3r � . ::-}::.,.x.?;rvx�{. ` ram, 144400 l` n Alpine Creek ! <t�. \ gv�:v.,a ttFt 'A'*?,;x:;. �'fi•:,:::Xy: i t:�:: •}'„�:.<:•"" n'+.-:�?;i r"'2S:G <icv�v::;(•i:;;:ts:;�--t, :Cv.. :"r:4.: s• ` 1400 `� i� .J ;c rs: <? K`&1 s4 s:;{n::;•.v. - ,`,.s7:S �. v:�ij i„^'3` M1•`"ff{i:,.rr..- •,!ti{t}.,;:::.v.: !-� .:}n .•max.':r{n{xii::i :'rf%\:. y "```�s`... +t,`�,.+'�'n{"#,"'r`FY,�'r-'f}:} :%i}f:;.n • rf\:':�:5:-%•`:;:"'::`.;`;: �,•`•�` n•. ."'v`'' "'"€+`.;.`':r::;:'-;�°::o-:::':'�:" is�.^•{; ';.1;;:'%':81�`:. EXHIBIT A: SITE MAP 0.0 .1 .2 .3 .4 s .6 .7 .8r 9 1.0 One Mile I Regional Open Sptce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT For Immediate Release Contact: Malcolm Smith September 11, 1998 Public Affairs Manager (650) 691-1200 Open Space District To Appoint New Board Member, Seeks Applicants Los Altos, CA -- At its regular meeting of September 9, 1998 the Board of Directors of the Midpeninsula Regional Open Space District decided to use the appointment process to fill a vacancy on the Board. The appointment will fill the vacancy left by the departure of Ward 4 Director David Smernoff, who announced his resignation from the Board, effective August 31, 1998. His term expires in November, 2000. The District is seeking applicants who reside in Ward 4, which includes the City of Mountain View, the Moffett Field area, and north Los Altos (bounded by Adobe Creek, Foothill Expressway, and Springer Road). The deadline for submitting applications is October 9, 1998. The Board will choose applicants for the first round of interviews, which are scheduled for October 19, 1998. Final interviews and the appointment are tentatively scheduled for October 21 and October 28, if needed. By law, the appointment must be made by October 30, 1998. Applications are available at the District office, 330 Distel Circle, Los Altos. Additional information may be obtained by calling Peggy Coats, District Administrative Analyst, at(650) 691-1200. The vacancyleft b his departure can, b State law, be filled either b special election, b regular Y p Y Y p Y g election, or through appointment by the Board of Directors. The Board decided to use the appointment p P g process in order to expedite the fillip of the seat. The next available election would be in June 1999 and the Board determined that it did not want the constituents in that area of the District - a s ct to remain un- represented resented for u to eight months. B using the appointment procedure the District will not have to bear p p g Y g pp up to $80,000 in expenses for a special election. The procedure approved by the Board includes the advertisement for and solicitation of applications for the seat, an application review period, two or three sets of public interviews, and a public selection of the new Board member. The individual selected to fill the vacancy will serve the balance of Director Smernoff s term, until November, 2000, at which time he or she may stand for election. (more) 330 Distel Circle - Los Altos, <A 94022-1404 . Phone: 650-691-1200 FAX: 650-691-0485 - E-mail: niroscl@or)ensr)ace.org * Web site:www.openspace.org E"""l of f)i",(0 s:Pete Siemens,Mary C.Davey,led Cyr, David 1,Smernoff, Nonette Fianko,Betsy Crowder,Kenneth C. Nitz » Genera/Manager:t C:r<3ig Britton In the past, mid-term Board vacancies to be filled by appointment have resulted in large numbers of very qualified people submitting applications. The Board has interviewed up to seven individuals for one seat, illustrating that this procedure garners a wide selection of candidates. With the interviews taking place during public meetings, the community opportunity also has the o ortunit to be involved and assist the Board in making a decision. The Mid peninsula Regional Open Space Distric t,extending from the City of San Carlos to the Town of Los Gatos, is a public agency which has preserved over 42,000 acres of diverse open space and manages 23 open space preserves. Funding is provided by a small share of the annual total property tax revenues collected within District boundaries. The District permanently protects wildlife habitat,watershed, and a variety of ecosystems, restores damaged natural resources, and provides trail improvements for passive recreational use b the public. The District's goals are to acquire a continuous greenbelt of protected open 1 Y p g q g p p space ands for public use and enjoyment, and to preserve open space for future generations to enjoy. There are approximately 20,000 - 30,000 acres of land still at risk of being lost to development within the District's planning area. The District is divided into seven geographic wards,each represented for a four year term by an elected Board member. The Board holds public meetings on the second and fourth Wednesdays of each month at 7:30 p.m.,at the District offices. Regional Open , ace b p � 1 September 17, 1998 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Mr. Glenn Wegner 10200 Hillcrest Road Cupertino, CA 95014 Subject: Trail Use at Fremont Older Open Space Preserve Dear Mr. Wegner: i Thank you for your August 9, 1998 letter regarding trail use and maintenance at Fremont Older Open Space Preserve. Your letter was received after the deadline to be considered by the Board of Directors at their August 12, 1998 meeting. The second meeting in August was canceled, making the September 9, 1998 meeting the first opportunity for the Board to consider your observations. As a taxpayer-funded agency, we strive to balance and accommodate the interests of a wide variety of user groups and constituents. As a frequent preserve visitor, I'm sure you are aware that Fremont Older Open Space Preserve receives heavy use from a variety of user groups, including hikers, equestrians and mountain bicyclists. In managing the preserve, we must consider all visitors to the multiple-use trail system. We have an obligation to the public, as well as to preserve the natural resources, correct erosion problems, and lessen or eliminate erosion potential, while maintaining the trails for public use. The same trail maintenance standards are used on the District's remaining 22 open space preserves. The dry soil conditions at Fremont Older, when combined with the level and type of use that the preserve receives, require that the trails receive more frequent, ongoing maintenance than other, less popular preserves. Horse hooves, bicycle tires and hikers' boots leave their mark on the trails and usually require springtime maintenance to repair the winter's damage and ready the trail tread for the heavy use of spring, summer and fall. From time to time, maintenance activities will cause unconsolidated soil conditions. This is unavoidable. The maintenance is necessary, however, to restore proper drainage in order to minimize erosion. In any given year, we typically perform routine maintenance on about 25% of the District's 200 miles of trail. Routine maintenance can include removing the encroaching vegetation from the sides of the trail, to regrading the trail tread. Because of the sheer number of miles of trail we maintain, we cannot guarantee the trail conditions visitors might encounter. Again, thank you for writing to express your concerns. Sincerely, Betsy Crowder, President Board of Directors BC:mdb cc: Board of Directors 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 FAX:650-691-0485 • E-mail:mrosd@openspace.org • web site:www.openspace.orgJ Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton Claims No. 98- 7 K8eebnQS8'2O Date: September 23. 19S8 Revised � K8|OPEN|NGULA REGIONAL OPEN SPACE DISTRICT � # Amount Name Description 4794 42.76 Ace Fire Equipment&Service Co., Inc. Fire Extinguisher Service � 4705 409.44 Acme&Sons Sanitation, Inc. RaenzonnMaintenance � 4796 42.00 All Laser Service Printer Maintenance � 4797 400.00 Anderson, Randy Reimbursement Membership& License Fee 4788 28.80 AT&T Telephone Service 4799 466.54 Automatic Rain Co. Baokf|mwEnc|osune � � 4800 65.00 Berry's Pest Control, Inc. Bi-monthly8anvicm 4801 30.00 Best Internet Communications Internet Service 4802 887.40 Big 4Rents BockhoeRenbe|-Re:troomProject 4803 792.00 Brian KongoaFou|kEngineers Teague Hill Consulting Report 4804 66.00 Bruce Barton Pump Service, Inc. Service Call 'Smith Well 4805 461.08 Car|eenBruino Reimbunsement--Airfore- NA| Conh*nenue 4806 108.16 Carolina Biological Supply Co. Microscope/Lens Cleaning Kit 4807 61.39 Ceroonihe International Corp. Signs 4808 6.500.00 Clevenger Reality Appraisal Corp. Appraisal 4809 60.54 Coastsida Gas Service Propane 4810 132.58 Cole Supply Co.. Inc. Reatnoom8upp|ien 4811 395.73 Oompurun Computer Upgrade � � 4812 3.631.50 Cotton Shires Associates Schilling Spillway Project Consultant 4813 5.969.98 Coyote Creek Riparian Station Resource Management Equipment � 4814 48.60 Dennis Danielson Reimbursement--Storage Tubs � 4815 3.082.23 Design Concepts Newsletter 4816 8.800.00 Done Right Roofing &Gutters DechRep|amnment- EnborprioeRmnba| 4817 21.87 Emergency Vehicles Systems Spotlight Repair � 4818 70.50 FedEx Express Mail Service 4819 50.00 °1 Felton Fire Protection Dist. Training'Seminars 4820 3.225.00 First American Title Ins. Co. Escrow Deposit � � 4821 1.090.000.00 First American Title Ins. Co. Grainger Acquisition 4832 20.76 Foster Brothers Security Systems Locks& Keys 4823 525.52 Ganden|ond Power Equipment Field Supplies � 4824 170.84 (Snnniterooh Field Supplies � 4825 3.267.50 Groanbe|tA||ionoe/Gneen|nfo Map Supplies ' 4826 110.00 GnoonVVaete Recovery, Inc. Skyline DumpoharService 4827 33.77 GTE Wireless Cellular Phone Service 4838 138.50 Guy Plumbing & Heating, Inc. GmaLinmCop- EnhorphaeRenba| 4828 101.13 Home Depot Field Supplies 4830 610.00 HondaPeninou|o/Duomti Fire Pump 4831 3.324.15 Irvine&Cooper, Law Offices LeOa| Feoo 4832 1.315.43 Jakaby Engineering La Honda Barn Repair Contractor 4833 98.34 JEDA Publications, Inc. K8ap/BroohunoPrinting 4834 100.00 Johnson Mapping Software Software Upgrade 4835 22.00 Kevin'e Auto Repair Smog Testing 4836 2.650.00 Ki||roy Pest Control, Inc. Fumigation - Enterphee Residence 4837 42.87 Ninho'o Printing Services 4838 1.301.80 Ko|etzke. Anne FEK8AConeu|ting 4839 73.03 Lob Safety Supply First Aid Nibs 4840 175.83 Langley Hill Quarry Rock-Chorooa| Road Repairs Pagel Claims No. S847 Meeting 98-20 Date: September 23. 1998 Revised K8|OPEN|N8ULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 48*/ 1,861�89 Lanier Worldwide, Inc. Copier Lease � 4842 1.296.00 Learning Institute, The Computer Training Vouchers 4843 453.74 Los Altos Garbage Co. DumpobarGervine � 4844 373.00 Lund-Peareon-K8cLough|in Fire Protection Qyod S Year Test-Fire System 4845 93.50 K8oKowan. Pou| Reimbunooment-ComputerC|aem/Sofbmare 4846 396.05 yNetnoK8obi|aCommuninetione Radio Repair& Maintenance 4847 920.00 Micro Accounting Solutions Computer Repairs 4848 187.03 Mid-Peninsula Electric Wiring Repair 4849 9.20 Moffett Supply Co. Sanitation Supplies 4850 351.81 °2 Chris Newcomb Custom Framing Custom Frames-Staff Appreciation Event 4851 812.15 Office Depot Office Supplies 4852 836.55 Orchard Supply Hardware Field Supplies 4853 380.01 [}dendi Trailer, Inc. Brake Service 4854 1635.19 Pacific Bell Telephone Service 4855 270.78 Pearson O|dmmobi|e'PonUoo-GK8CTruck Vehicle Repair& Maintenance 4856 662.76 PIP Printing Maps& Brochure Printing 4857 276.64 Pitney Bowes Credit Corporation Postage Meter Lease 4868 214.00 Town ofPodo|eValley Town Engineer Services 4869 197.86 Rich's Tire Service Tine Repairs 4860 4.303.98 Roy'o Repair Service Vehicle Repairs 4861 &GO Santa Clara County LAFCO Resource Document 4862 843.00 Santa Clara Co. OopL of Environmental Health Storage Permit--Hazardous K8abaria|a 4863 324.26 °3 Santa Clara Co. Dept, of Environmental Health Disposal Fee--Hazardous K8abaha|o 4864 189948 °4 Saratoga Springs Recognition Event Catering &8iba 4865 6026 Scotts Valley Sprinkler Field Supplies 4866 8010.46 Scribner Graphic Press, Inc. Printing 4887 718.70 Signs of the Times Signs 4868 247.72 Skyline County Water District Water Service 4868 17.98 Skywood Trading Post Fuel 4865 750.52 Steven's Creek Quarry, Inc. Rip Rap Rock 4866 200.00 Sunset Coast Nursery Technical Review 4867 1.125.58 Systems For Public Safety Personal History Investigation Service 4868 2.948.81 Teaher& Etc. Maps 4869 6.027.13 U. S. Bank Trust National Association Pnomimsary Notes Paying Agent 4870 2.019.26 Visa 58.63 Fire Bags/Fuel � � 69.78 Frames/Stamps/Envelopes 1449.58 College C|aoo/Con[/GiftCorte. � 60.62 Gate--Windy Hill � 38O�G4 AidineTickets-Land Trust � Alliance Conference 4871 300.00 Rich Voss Trucking, Inc. Rock Delivery 4072 112.45 Vu. Ooug|os Personal Vehicle Expense 4873 187.08 VVACCorp. Aerial Photography 4874 300.48 West Group Computerized Legal Research 4875 300.00 Wolfe, Roberta Recording Services 4876 153.08 Zodak. Lioa Personal Vehicle Expense 4877R 648.50 Teoter& Etc. Map Graphics Page 2 Claims No. 98-17 Meeting 98-20 Date: September 23, 1998 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 4878R 119.05 Doug Vu Reimbursement--Computer Accessories 4879R 669.15 Petty Cash Local Business Meetings, Private Vehicle Expense, Postage, Resource Documents, Staff Appreciation Event Supplies, Office Supplies, Field Supplies and Computer Accessories *1 Urgent Check Issued Se tember10 1998 9 p *2 Urgent Check Issued September10, 1998 *3 Urgent Check Issued September10, 1998 *4 Urgent Check Issued September15, 1998 TOTAL 1,182,720.81 Page 3 I Claims No. 98- 7 | MeedngSB-2O Date: September 23. 1998 K8|DPBN|NGULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 4794 42.76 Ace Fire Equipment& Service Co., Inc. Fire Extinguisher Service 4796 400.44 Acme&Sons Sanitation, Inc. ReotnzornMaintenance � 4786 42.00 All Laser Service Printer Maintenance 4797 400.00 Anderson, Randy Reimbursement Membership& License Fee 4798 28.80 AT&T Telephone Service 4799 466.54 Automatic Rain Co. BachOmwEnc|osure 4800 65.00 Berry's Pest Control, Inc. Bi'month|y8ervime � 4801 30.00 Best Internet Communications Internet Service � � 4802 887.40 Big 4Rents BackhoeRanba|-RaotnoomProject 48O3 702�OO Brian KmngoaFou|kEngineers TeogueHi|| Coneu|UngRepo� � 4804 66.00 Bn/ma Barton Pump Service, Inc. GonviceCoU-GmithVVeU 4805 451.00 CadeenBruins Reimbureoment--Airfona' NA| Conference 4806 109.18 Carolina Biological Supply Co. Microscope/Lens Cleaning Kit 4807 81.29 Caraonibe International Corp. Signs 4808 6.500.00 Clevenger Reality Appraisal Corp. Appraisal 4808 60.54 Coeetoide Gas Service Propane 4810 132�58 Cole Supply Co.. Inc. ReotnoomQupp|iao 4811 395.73 Compu/un Computer Upgrade 4812 3.831.50 Cotton Shires Associates Schilling Spillway Project Consultant 4813 5.068.96 Coyote Creek Riparian Station Resource Management Equipment 4814 48.60 Dennis Danielson Reimbursement--Storage Tubs 4815 3.062.23 Design Concepts Newsletter 4816 8,600.00 Done Right Roofing &Gutters Deck Replacement' Enterprise Rental 4817 21.87 Emergency Vehicles Systems Spotlight Repair 4818 70.50 FedEx Express Mail Service 4819 50�00 °1 Felton Fire Protection Dist. Training 'Seminars 4820 3.225.00 First American Title Ins. Co. Escrow Deposit 4821 1.090.000.00 First American Title Ins. Co. Grainger Acquisition 4822 20.76 Foster Brothers Security Systems Locks& Keys 4823 525.52 Gonden\and Power Equipment Field Supplies 4824 170.84 Gnoniterook Field Supplies 4825 22G75O Greenbelt Map � . � � 4826 118UO GneonVVoet� Reooxery. |no� Skyline� � 4827 3377 GTE Wireless Cellular Phone Service � 4828 138.50 Guy Plumbing & Heating, Inc. GaeLineCap- EnterphsaRenba| � 4829 1O1�13 Home Field Supplies � _-,-' 4830 610.00 Hondopeninoula/OuoaU Fire Pump � 4831 3.334� � �15 Irvine Lega| Fees � � 4832 1.315.43 JahobyEnginmahng Lo Honda Barn Repair Contractor 4833 98.34 JEDA Publications, Inc. K8ap/BroohunaPhnbng 4834 100.00 Johnson Mapping Software Software Upgrade 4835 22.00 Kevin'o Auto Repair Smog Testing 4836 2.550.00 NiUroy Pest Control, Inc. Fumigation - EnhorprioaReoidenmy 4837 42.87 Kinko'e Printing Services 4838 1.201.00 Ko|etzhe.Anne FEyWAConsu|dng 4829 73.03 Lab Safety Supply First Aid Kits 4840 175.83 Langley Hill Quarry Roch-Charcoe| Road Repairs � Page � | � Claims No. B8- 7 | Meeting 98-20 Date: September 23. 1008 K8|OPEN|NSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 4841 1,861.89 Lanier Worldwide, Inc. Copier Lease 4843 1.396.00 Learning Institute, The Computer Training Vouchers 4843 453.74 Los Altos Garbage Co. DumpaterSen/ima 4844 373.00 Lund-Pearson-McLaughlin Fine Protection Syet S Year Test--Fire System 4845 S3�5U WYoKowon. Pau| Reimbursement--Computer Class/Software � � 4846 396.05 N1etroK8obi|eCommunicatione Radio Repair& Maintenance 4847 920.00 Micro Accounting Solutions Computer Repairs 4848 187.03 Mid-Peninsula Electric Wiring Repair 4849 9.20 Moffett Supply Co. Sanitation Supplies � 4850 351.81 °2 Chris Newcomb Custom Framing Custom Frames--Staff Appreciation Event � 4851 612.15 Office Depot Office Supplies 4852 836.55 Orchard Supply Hardware Field Supplies � 4863 380.01 C)dendi Trailer, Inc. Brake Service 4854 1635.19 Pacific Bell Telephone Service 4855 270.78 Pearson O|damobi|e'PonUeo-GyNCTruck Vehicle Repair& Maintenance � 4858 582.76 PIP Printing Maps& Brochure Printing 4857 275.64 Pitney Bowes Credit Corporation Postage Meter Lease 4898 214.00 Town ofPorto|aValley Town Engineer Services 4859 187.66 Rich's Tire Service Tire Repairs 4880 4.303.99 Roy'e Repair Service Vehicle Repairs 4861 8.50 Santa Clara County LAFC(] Resource Document 4882 843.00 Santa Clara Co. Dept. of Environmental Health Storage Perm it--HazardousyWotaha|e � 4863 324.26 °3 Santa Clara Co. Dept. of Environmental Health Disposal Fee--Hazardous Materials 4884 1889.48 ^4 Senobuge Springs Recognition Event Catering & Site 4865 80.26 Scotts Valley Sprinkler Field Supplies 4866 9010.46 Scribner Graphic Press, Inc. Printing 4867 716.70 Signs of the Times Signs 4868 247.72 Skyline County Water District Water Service 4869 17.99 Gkywood Trading Post Fuel 4865 750.52 Steven's Creek Quarry, Inc. Hip Rap Rock 4866 200.00 Sunset Coast Nursery Technical Review 4867 1.125.60 Systems For Public Safety Personal History Investigation Service 4068 2.849.81 Tmob*r& Etc. Maps 4868 6.037.13 U. 8. Bank Trust National Association Pnomimoory Notes Paying Agent � 4870� 2.019.26 Visa 58.63 FineBagy/Fuml 6978 Frames/Stamps/Envelopes � � 1449.59 College C|ooa/Con[/GUtCmrte. 60.62 Gate--Windy Hill 380.64 Airline Tickets--Land Trust Alliance Conference 4871 300.00 Rich Voss Trucking, Inc. Rock Delivery 4872 112.45 Vu. Ooug|on Personal Vehicle Expense 4873 187.00 VVACCorp. Aerial Photography 4874 300.48 West Group Computerized Legal Research 4875 300.00 VVolfa, Roberta Recording Services 4876 153.08 Zadek. Lisn Personal Vehicle Expense Page Claims No. 98-17 Meeting 98-20 Date: September 23, 1998 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description *1 Urgent Check Issued Se tember10 1998 g p *2 Urgent Check Issued September10, 1998 *3 Urgent Check Issued September10, 1998 *4 Urgent Check Issued September15, 1998 TOTAL 1,181,283.11 Page 3