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HomeMy Public PortalAbout19981028 - Agendas Packet - Board of Directors (BOD) - 98-25 Rqqional Open ' ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-25 NOTICE OF SPECIAL MEETING MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FINANCING AUTHORITY AND SPECIAL AND REGULAR MEETING BOARD QE DIRECTORS OF THE UMPENINSULA REGIONAL OPEN SPACE DISTRIC AGENDA* 5:30 P.M. 330 Distel Circle Wednesday Los Altos, California October 28, 1998 PLEASE NOTE*** 5:30 P.M. Closed Session Start 71me 730 P.M. Public Meeting Start 77me (5:30) ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS CLOSED SESSION The Closed Session will begin at 5:30 P.M. At 7:15 P.M., the Board will adjourn the Special Meeting Closed Session to the conclusion of the Regular Board Meeting, and at the conclusion of the Regular Meeting, the Board may reconvene the Special Meeting Closed Session. 1. Labor Negotiations - Government Code Section 54957.6 Conference with Labor Negotiator - Represented Employees Agency Negotiators: Susan Schectman, John Escobar, and Deirdre Dolan Employee Organization: S.E.I.U. Local 715 2. Conference with Legal Counsel - Pending Litigatio - Government Code Section 54956.9(a) A. Richard v. Midpeninsula Regional Open Space District San Mateo County Case No. 402294 B. Obermeyer et al. v. Midpeninsula Regional Open Space District San Mateo County Case No. 405231 330 Distel Circle - Los Altos, CA 94022-1404 - Phone:650-691-1200 FAX: 650-691-0485 - E-mail: niroscf@olDenspace.org * Wei)site:www.openspa(,e.org Bo.ird of Oirccfots:Pete Siemens,Mary G Davey,led(yi, David T.Scriernott, Nonette Hanko,Betsy Crowder,Kenneth('-Nitz - General Manager L. r,flg Britton i Meeting 98-25 Page 2 3. Conference With Real Prosy Negotiator - Government Code Section 54956.8 Real F=aC: 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. NegstSiats2I: John Musumeci Under Negotiations: Instructions to negotiator will concern price and terms of payment. (7:15) THE SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT WILL ADJOURN AT THIS TIME IN ORDER TO CONVENE A SPECIAL MEETING OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FINANCING AUTHORITY. THE DISTRICT'S REGULAR MEETING WILL CONVENE AFTER THE ADJOURNMENT OF THE FINANCING AUTHORITY MEETING (7:30) REGULAR MEETING OF THE BOARD OF DIRECTORS ** ORAL COMMUNICATIONS -- Public ADOPTION OF AGENDA *** ADOPTION OF CONSENT CALENDAR -- M. Davey *** WRITTEN COMMUNICATIONS (Consent Item) BOARD BUSINESS (7:45) 1. Proposed Addition of Girdner Property to Saratoga Gap 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 Recommendations, Including Naming the Property as an Addition to Saratoga Gap Open Space Preserve; and Indicate Their Intention to Withhold Dedication of the Property as Public Open Space at This Time -- 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 (Saratoga Gap Open Space Preserve - Lands of Girdner) (7:55) 2. Proposed Acquisition of an Additional One-Sixth Interest in the Former Laye, Et Al. Property From the Estate of Philip S. Sanfilippo as an Addition to Sierra Azul 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 Sierra Azul Open Space Preserve; and Indicate Their Meeting 98-25 Page 3 Intention to Withhold Dedication of the Property as Public Open Space at This Time -- C. Britton Resolution Authorizing Acceptance of Agreement to Purchase Real Property, 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 (Sierra Azul Open Space Preserve - Former Laye Et Al, Property) (8:05) 3. Permit to Enter for El Sereno, Fremont Older, St. Joseph's Hill, and Sierra Azul Open Space Preserves and Authorization for the General Manager to Execute the Permit to Enter Allowing Pacific Gas and Electric Company and Its Contractors to Access These Preserves for the Purpose of Installing a New Circuit to an Existing 230 kV Transmission Line -- R. Anderson (8:10) 4. Temporary Partial Reimbursement of Rental Payments to Continue Employee Residence in the Sierra Azul Open Space Area and Authorization for the General Manager to Reimburse Ranger Tom Randall for a Portion of His Housing Expenses, While Living in Non-District Housing, in the Amount of $1,000 Per Month for a Period Not to Exceed Twelve Months, While a New Employee Residence is Established in the Mt. Umunhum Area -- J. Escobar 5. Cancellation of November 11 and November 25 Regular Meetings and Scheduling of November 12 and November 18 Special Meetings -- C. Britton (8:20) INFORMATIONAL REPORTS -- Directors and Staff REVISED CLAIMS Consent Item) CLOSED SESSION - (Continued, if necessary) 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 ordinarily 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. Rqqlonai Open '. ice R-98-129 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-25 October 28, 1998 AGENDA ITEM I AGENDA ITEM Proposed Addition of Girdner Property to Saratoga Gap O n S ace Preserve } GENERAL MANAGER'S RECOMMENDATIONS l 0 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 Girdner property. 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property as an addition to Saratoga Gap Open Space Preserve. 4. Indicate your intention to withhold dedication of the property as public open space at this time. DESCRIPTION(see attached Location Mao) The 188-acre Girdner property is located near Saratoga Gap, west of the town of Saratoga. Situated adjacent to State Highway 9 and east of Skyline Boulevard, this steep forested property is an important link between Saratoga Gap Open Space Preserve, Castle Rock State Park (formerly Loughry State Forest), and Sanborn Skyline County Park. The scenic qualities of the property are most evident from State Highway 9 and ridges to the east and north, including Portions of Monte Bello Open Space Preserve. The highest Point on theproperty, a hilltop near Castle Rock State Park, can be accessed from the nearby Bay Area Ridge Trail and offers panoramic views of the Santa Clara Valley. Acquisition of the property will ensure the protection of important wildlife habitat, watershed, and scenic qualities, and offer valuable trail use opportunities in the future. r is comprised of two contiguous parcels that are bounded b Castle The irregular-shaped o e P P property P gu P Y Rock State Park to the west and south, lands of Peninsula Open Space Trust to the northeast, and private properties to the north, east and southeast. Most of the property lies to the south of State Highway 9 with the exception of approximately two acres located on the north side of the road. The terrain is extremely varied with elevations ranging from 2,000 feet along State Highway 9 to 2,600 feet on a hilltop near the southwest boundary. The hilltop is a particularly attractive point because, unlike most of the forested area of the region, this hilltop is open and offers exceptional views of Santa Clara Valley. Although most of the site is very steep, there are gentle slopes located along a spine-like ridge that descends from the 2,600 foot hilltop north, and west towards State Highway 9. A deep ravine and perennial creek bisects the property in the north-south direction and crosses State Highway 9 along the property's north boundary. Most of the site is 330 Distel Circle - Los Altos, CA 94022-1404 Phone: 650-691-1200 FAX: 650-691-0485 a E-mail: mrosduopenspace.org Web site:www.openspace.org � board of I)i..�__,.._� rectors:fete Siernens,Mary C.Davey,Jed Cyr, David T.5merno(f, Noneite Hanko, Betsy Crowder,Kenneth C. Nitz m General Manager.1.Craig Britton R-98-129 Page 2 characterized by dense forest comprised of oak, madrone, bay and Douglas fir. Intermittent patches of grassland appear at the upper elevations. Access into the property is provided at two locations, both along State Highway 9,which passes through the northern portion of the site, and from a trail connecting to Skyline Boulevard across State park property from the southwest boundary. State Highway 9 passes through the property for approximately 1/8-mile where a foot trail enters the property off a sharp bend on the highway and parallels a creek for a short distance in the southerly direction. Public access to this trail is undesirable due to unsafe road and traffic conditions on the highway. The second entry to the site is from Skyline Boulevard where a service road travels northwest through Castle Rock State Park, turning into a trail as it enters the property. This trail descends through an attractive mature Douglas fir forest before entering a clearing where an intersecting path leads up to the scenic 2,600 foot hilltop. The main trail continues steeply to the north and eventually leads onto private property. The Bay Area Ridge Trail passes through Castle Rock State Park and provides hiking access to the trail that leads to the 2,600 foot hilltop. The Bay Area Ridge Trail connects north to Saratoga Gap Open Space Preserve and south to Sanborn Skyline County Park. Parking for the Ridge Trail is located approximately one mile away at Saratoga Gap. USE AND MANAGEMENT PLAN Planning Considerations The property is located within an unincorporated area of Santa Clara County and is zoned HS (Hillside), requiring one dwelling unit per 160 acres, unless the development is clustered whereby the allowable density is determined by the "20-160 acre variable slope density formula" and is based on the average steepness of the property. The property is comprised of two legal parcels and there are no recorded access rights from Skyline Boulevard through Castle Rock State Park. The Santa Clara Countywide Trails Master Plan shows the Bay Area Ridge Trail in the vicinity of the property paralleling Skyline Boulevard and connecting north to Saratoga Gap and south to Sanborn Skyline County Park. Loughry State Forest is considered a portion of Castle Rock State Park for which a draft plan is currently being reviewed. The plan proposes constructing a new parking area south of the property on the west side of Skyline Boulevard. The property is rated in the District's Open Space Master Plan as having high composite open space value and is important in terms of potential outdoor recreation, wildlife habitat, and scenic qualities. 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. R-98-129 Page 3 Public Access: Trail between Castle Rock State Park and 2,600 foot hilltop to remain open for public use; remainder of property to be closed; barrier to be installed at trail intersecting State Highway 9. Trail Designation: Trail between Castle Rock State Park and the 2,600 foot hilltop to be designated for hiking only. Dedication: Indicate your intention to withhold dedication of the property as public open space at this time. Name: Name the property as an addition to Saratoga Gap Open Space Preserve Signs: In"preserve boundary and closed area signs where appropriate. Site Safety Inspection: Inspect the property to determine if there are hazards that need to be mitigated. CEOA COMPLIANCE Project Description The project consists of the acquisition of a 188-acre parcel of land as an addition to Saratoga Gap 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 Saratoga Gap Open Space Preserve. The land will be permanently preserved as open space and a portion will be open to the public and maintained in a natural condition. CEOA 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 15316, 15317, 15325, and 15061 as follows: 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 land will not be developed and will remain 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 acquire fee interest and maintain the open space character of the area. Public trail use will be allowed on the upper portion of the site, but no new development is proposed as part of this project. 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 that it will be preserved as public open space by incorporating it into the Saratoga Gap Open Space Preserve. i R-98-129 Page 4 This acquisition qualifies under 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. TERMS AND CONDITIONS This is a bargain sale transaction for the acquisition of approximately 188 acres of land, consisting of two legal parcels, in Santa Clara County. The purchase price of the subject property is $500,000, which is substantially below the market value of the property. The purchase price is to be paid in cash at the close of escrow. BUDGET CONSIDERATIONS 1998/1999 Budget for Land Acquisition New Land Budgeted for Acquisition $11,303,000 New Land Purchased this year (2,724,100) Girdner Acquisition proposed on this agenda ( 500,000) Acquisition Budget Remaining $ 8,078,900 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 Saratoga Gap Open Space Preserve for public recreation, wildlife habitat and scenic qualities. PUBLIC NOTIFICATION Property owners of lands located adjacent to or surrounding the subject property have been mailed written notices of this proposed acquisition. 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 (SARATOGA GAP OPEN SPACE PRESERVE-LANDS OF GIRDNER) 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 William Isaac Girdner and Janet Audrie Girdner, 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 $2,000 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$500,000 from the proceeds of the next long-term District note issue. This Section of this Resolution is adopted by the Board of Directors of Midpeninsula Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with the District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been, or are reasonably expected to be, reserved or allocated on a long-term basis, or otherwise set aside to pay the costs of this open space land acquisition project which are to be paid or reimbursed out of proceeds of indebtedness to be issued by the District. The Board of Directors hereby declares the District's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. LONG RIDGE AND SARATOGA GAP OPEN SPACE PRESERVES Midpeninsula Regional Open Space District -- — �'•` - i. Stevens Creek • �.-.__",.�F. `,v J �•`� C;ount.X Park � �'• - ,> 9 (Sa°Ia Clara l ON I Co00ty) Tal le ° 0.1 - K I -'� \�.., _ �$��, 8 Yea i •. ,- / e'_i� Z'-�'t °-� .� `b;� 1 - �� ,�__ ! i°•;0.7 ~. as L� -1 t • , 0.a r _0NG RIDGES 01 �-� OPEN SPACE — - PRESERVE ^� e.= < , 3 SARATOGAGAP r _mil f ( M�ivurY O 0.5 OPEN SPACE •V•' 0.3 PRESERVE 0.1 � f 1 - ' ,prom 0.2 1. 24T Port Sate Park ,'ti,.� 4 -%/ `.- °'ar``\ `J �•,.l' �� `� 1 121*1 •rR�, /, rail Skyline to th Sea - ... ...T oz PROPOSED ACQUISITION (GIRDNER 188.25 AC.) 2260 i'...i ;'���� .C.--i..�~ 4tc t ,tip/'� r ✓ -, J �.istle flock `�•� CASTLE Stale Park -- e STATE PARKK - EXHIBIT A: PROPOSED ACQUISITION k PURCHASE AGREEMENT - BARGAIN SALE This Agreement is made and entered into by and between WI LLIAM ISAAC GIRDNER and JANET AUDRIE GIRDNER, husband and wife, as their 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 e owner of certain real property which has open space WHEREAS, Seller is the P perty Pe P and recreational value, located within an unincorporated area of the County of Santa Clara, and being more particularly described within the body of this Agreement; and WHEREAS, 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 an unincorporated area of the County of Santa Clara, State of California, containing approximately one hundred eighty-eight (188) acres, more or less, and commonly referred to as Santa Clara County Assessor's Parcel Numbers 503-41-003 and 517-03-010. Said property is further described in the Legal Description attached to Preliminary Title Report number 62332 from Financial Title Company, a copy of said preliminary title report attached hereto as Exhibit "A", and incorporated 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". Purchase Agreement Page 2 2. Purchase Price. The total purchase price ("Purchase Price") for the Property shall be Five Hundred Thousand and No/100 Dollars ($500,000.00), which shall be paid in cash at the "Closing" as defined in Section 3 hereof. 3. Escrow. Promptly upon execution of this Agreement, in accordance with Section 11 herein, an escrow shall be opened at Financial Title Company, 1875 So. Bascom Avenue, Campbell, CA 95008 (408) 558-1400 (Escrow number 623323) or other title company acceptable to District and Seller (hereinafter "Escrow Holder") through which the purchase and sale of the Property shall be consummated. A fully executed copy of this Agreement shall be deposited with Escrow Holder to serve as escrow instructions to Escrow Holder; provided that the parties shall execute such additional supplementary or customary escrow instructions as Escrow Holder may reasonably require. This Agreement may be amended or supplemented by explicit additional escrow instructions signed by the parties, but the printed portion of such escrow instructions shall not supersede any inconsistent provisions contained herein. Escrow Holder is hereby appointed and instructed to deliver, pursuant to the terms of this Agreement, the documents and monies to be deposited into the escrow as herein provided, with the following terms and conditions to apply to said escrow: A. The time provided for in the escrow for the close thereof shall be on or before December 4, 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 Office of the County Recorder of Santa Clara County. B. Seller and District shall, during the escrow period, execute any and all documents and perform any and all acts reasonably necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agreement. C. Seller shall deposit into the escrow on or before the Closing an executed and recordable Grant Deed, covering the Property as described in said Exhibit "A". D. District shall deposit into the escrow, on or before the Closing: (i) The required Certificate of Acceptance for the Grant Deed, duly executed by District and to be dated as of the Closing; (ii) District's check payable to Escrow Holder in the amount of Four Hundred Ninety-Nine Thousand and No/100 Dollars ($499,000.00) which is the balance of the Purchase Price of Five Hundred Thousand and No/100 Dollars ($500,000.00) as specified in Section 2. The balance of$1,000.00 is paid into escrow in accordance with Section 11 of this Agreement. Purchase Agreement Page 3 E. Seller shall pay 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 Sant Clara County. All 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 Financial Title 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 $500,000 for the Property showing title to the Property vested in fee-simple in District, subject only to: (i) current real property taxes, (ii) exceptions 3 and 4 in Preliminary Title Report No. 623323 dated July 18, 1998 (Exhibit "A"), and (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 Deed and attendant Certificate of Acceptance to be recorded in the Office of the County Recorder of Santa Clara County. Upon the Closing, Escrow Holder shall cause to be delivered to District the original of the policy of title insurance required herein, and to Seller Escrow Holder's check for the full purchase price of the Subject Property (less Seller's portion of the expenses described in Section 3(e)), and to District or Seller, as the case may be, all other documents or instruments which are to be delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall return all monies, documents or other things of value deposited in the escrow to the party depositing the same. 4. Rights and Liabilities of the Parties in the Event of Termination. In the event this Agreement is terminated and escrow is canceled for any reason, all parties shall be excused from any further obligations hereunder, except as otherwise provided herein. Upon any such termination of escrow, all parties hereto shall be jointly and severally liable to Escrow Holder for payment of its title and escrow cancellation charges (subject to rights of subrogation against any party whose fault may have caused such termination of escrow), and each PartYexpressly reserves any other rights and remedies which it may have against nst 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, Purchase Agreement Page 4 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 Representations 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. Authodly. Seller has the full right, power and-authority to enter into this 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 Property. Except as otherwise provided herein or by express written permission granted by District, Seller shall not, between the time of Seller's execution hereof and the close of escrow, cause or allow any physical changes on the Property. Such changes shall include but not be limited to grading, excavating or other earthmoving activities, cutting or removing trees, shrubs, brush or other vegetation, and damaging or demolition of improvements or structures on the Property. 8. 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 Purchase Agreement Page 5 because of its flammability, toxicity, 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 District, which shall survive close of escrow, each of which is material and is being relied upon by District: (i) The Property does not contain any Hazardous Waste or underground storage tanks; (ii) 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; (iii) At the time Seller acquired the Property, Seller did not know and had no reason to know that any Hazardous Waste was present, used, manufactured, handled, generated, stored, treated, discharged, buried or disposed 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) 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 and has no knowledge or reason to know 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 P � or about the Property, or the use, manufacture, handling, generation, storage, treatment, Purchase Agreement Page 6 discharge, burial or disposal on, under or about the Property, or the transportation to or from the Property, of any Hazardous Waste; (vii) There have been no communications or 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, 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. Indemni . 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 herein, or arising from related to or connected with the existence of any hazardous substances of any kind on or in the property, except when any hazardous substance contamination was caused solely by District. Seller shall be solely and completely responsible for responding to and complying with any administrative notice, order, request, or demand, or any third party claim or demand relating to potential or actual hazardous substance contamination on or in the Property, including any and all costs of remediation and cleanup, except when such contamination was caused solely by District. In addition to any remedies provided in this subsection, in the event Hazardous Waste is found to exist on the property, District may exercise its right to bring an action against Seller to recover any cleanup, repair or remediation costs from Seller and/or any other person or persons determined to have responsibility for the presence of Hazardous Waste on the Property. 9. 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 there under and to any other compensation, except as provided in this Agreement. Seller has been advised 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, including the fair market value of said Property, appraisals, etc., as provided for by said Federal Law and any corresponding California Government Code Sections, and District agrees to provide Sellers with an executed IRS Form 8283 as evidence of the Bargain Sale price accepted by Sellers thereunder. Purchase Agreement Page 7 10. Miscellaneous Provisions. 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. 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. The General Manager is authorized to agree to an extension of the time for the performance of any obligations on the part of District or Seller pursuant to 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 mail, registered or certified and return receipt requested, withProPer postage prepaid, or if delivered by Federal Express or other private messenger, courier or other delivery service or sent by facsimile transmission b telex, teleco , telegraph or cable or other similar electronic medium, addressed as Y FY g P indicated as follows: Purchase Agreement Page 8 Seller: William and Janet Girdner c/o Dennis Byron Landmark Properties 2255 So. Bascom Avenue Campbell, CA 95008 (408) 371-2264 (408) 371-6481 - fax District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: L. Craig Britton, General Manager (650) 691-1200 (650) 691-0485 - fax If sent by telegraph, facsimile copy or cable, a confirmed copy of such telegraphic, facsimile 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 at the expiration of the third (3rd) business day after the date of mailing, whichever is earlier in time. Either party hereto may from time to time, by notice in writing served upon the other as aforesaid, designate a different mailing address or a different person to which such notices or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement shall excuse either party from giving oral notice to the other when prompt notification is appropriate, but any oral notice given shall not satisfy the requirement of written notice as provided in this Section. F. Severability. If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is binding upon the parties, the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement. The parties further agree to replace such void or unenforceable provisions which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provisions. G. Counterparts. This Agreement may be executed in separate counterparts, each of which shall be deemed as an original, and when executed, separately or together, shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instrument. 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 Purchase Agreement Page 9 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, conversations, 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 in which time is an element. 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. L. 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. 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 covenants are intended to be fully effective and binding, to the extent permitted by law, on the successors and permitted assigns of the parties hereto. O. Broker's Commission. District shall not be responsible for any real estate commission or other related costs or fees in this transaction. Seller agrees to and does hereby indemnify and hold District harmless from and against any and all costs, liabilities, losses, damages, claims, causes of action or proceedings which may result from any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of Seller in connection with this transaction. 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. Purchase Agreement Page 10 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 agree first to participate in non- binding mediation in order to resolve their dispute. If the parties are unable to resolve their dispute through mediation, or if there is any remaining unresolved controversy or claim subsequent to mediation, any remaining unresolved controversy or claim shall be settled by arbitration. 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 POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW, YOU ARE GIVING 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 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 TuE "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION. SELLER INITIAL t t BUYER IN111AAL 141� l 11. Acceptance. Provid that s Agreement is executed by Seller and delivered to District on or before September 1, 1998. District shall*have until midnight October 28, 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 Purchase Agreement Page 11 into escrow and Seller acknowledges receipt of the sum of One Thousand Dollars and No/100 ($1,000.00), which shall be applied to the Purchase Price as set 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. 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: SELLE MIDPENINSULA REGIONAL OPEN `-- SPACE DISTRICT am Isaac Girdner ACCEPTED FOR RECOMMENDATION Date: ~ 17 RQ� Michael C. Williams, Real Property Representative anet Audrie Girdner APPROVED AS TO FORM: Date:�� Sue Schectman, District Counsel MMENDED FOR APPROVAL: L. Craig Britton, General Manager APPROVED AND ACCEPTED: President, Board of Directors ATTEST: District Clerk Date: FINANCIAL TITLE COMPANY i i PRELIMINARY REPORT In response to the above referenced application for a policy of title insurance, FINANCUL TITLE COMPANY hereby reports that it is Rrepared 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 f PSchedules, 8 P P 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 are available from the office which issued this report, and should be read. 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 a Commitment should be requested. Please read the exceptions ons shown r p o 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 y j es affecting title to the land i Administration-Title Operations ' EMW i 22211 Foothill Boulevard -Hayward,CA 94541 (510)592-1661 - FAX(510)582-7089 FINANCIAL TITLE COMPANY TITLE ONLY DEPARTMENT Attn: Alan F. Poole 22211 Foothill Boulevard Hayward, CA 94541 TITLE NUMBER: 623323 ESCROW HOLDER: FINANCIAL TITLE COMPANY 1875 So. Bascom Avenue, Suite 2445 Campbell, CA 95008 i APPLICANT: _ LANDMARK PROPERTIES 2255 So. Bascom Avenue Campbell, CA-95008 Attn: Dennis W. Byron Re: Girdner ALL CORRESPONDENCE SHOULD BE DIRECTED TO: Financial Title Company ESCROW OFFICER: Kathy Rooney PHONE NUMBER: (408) 558-1400 ESCROW NUMBER: 623323 PROPERTY ADDRESS: Congress Springs Road Date as of July 18, 1998 at 7:30 A.M. The estate or interest in the land hereinafter described or referred to covered by this Report is a Fee. i v i TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN• WILLIAM ISAAC GIRDNER and JANET AUDRIE GIRDNER, husband and wife, as their community property Pefh' Pafle LOU 623323 KR At the date hereof, exceptions to coverage in addition to the printed exceptions and exclusions in said policy form would be as follows: 1. General and special County of Santa Clara 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 the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. 3. Easement for the purpose shown, and incidental purposes, In favor of County of Santa Clara Purpose Slopes or embankment for the construction and maintenance of a public highway Recorded September 5, 1928 Series Number Book 420, Page 412, Santa Clara County Records Affects Portion of Parcel One lying within Congress Springs Road 4. Easement for the purpose shown, and incidental purposes, In favor of The State of California Purpose Drainage Recorded February 6, 1974 Series Number Book 0753, Page 443, Santa Clara County Records Affects Portion of Parcel One 5. The terms, covenants, provisions and conditions contained in the Agreement Executed by and between George Pope and William Isaac Girdner and Janet Audrie Girdner Purpose Sale of Forest Products Recorded April 18, 1988 Series Number Book K504, Page 1287, Santa Clara County Records. END OF EXCEPTIONS 2 EMdff Page _ _ _ 623323 KR NOTE: The following is furnished for information only: There have been No Recorded Conveyances affecting said land within twenty-four months prior to the date of this report. NOTE: General ands special County of Santa Clara taxes for the fiscal year -1 pec ty y 1997 998, together with such additional amounts which may be assessed by reason of (a) improvements added subsequent to March 1, 1975, (b) change of ownership occurring subsequent to March 1, 1975, (c) reappraisal of property values as of March 1, 1975, as follows:; I st Installment $826.54 Paid 2nd Installment $826.54 Paid Land $142,981.00 — Improvements $-0- Exemption $-0- Account Number 503-41-003 Tax Rate None Shown Code Area 60-002 NOTE: General and special County of Santa Clara taxes for the fiscal year 1997-1998, together with such additional amounts which may be assessed by reason of (a) improvements added subsequent to March 1, 1975, (b) change of ownership occurring subsequent to March 1, 1975, (c) reappraisal of property values as of March .1, 1975, as follows: 1 st Installment $237.37 Paid 2nd Installment $237.37 Paid Land $36,165.00 Improvements $-0- Exemption $-0- Account Number 517-03-010 Code Area 60-000 NOTE: Our investigation has been completed and there is located on said land a Vacant Land known as Congress Springs Road, The ALTA Loan Policy, when issued, will contain the CLTA 100 Indorsement. 3 EXHIBIT 1 623323 KR BANK WIRE INFORMATION FOR FINANCIAL TITLE COMPANY BANK: IMPERIAL BANK ADDRESS: 9920 South La Cienega Blvd. Inglewood, CA 90301 Attn: San Francisco Regional Office ACCOUNT NO.: 31-011-078 ROUTING NO.: 122 201 444 PLEASE REFERENCE OUR ESCROW NUMBER AND CUSTOMERS LAST NAME i w AP/cp 8/19/98 4 Emviarr Pa 9e i 623323 KR NOTE: As of January 1, 1990, Chapter 598, California Statutes of 1989 (AB 512; Ins. Code Sec. 12413.1) becomes effective. The law requires that all funds be deposited and available for withdrawal by the title entity's escrow of subescrow account prior to disbursement of any funds. Only cash or wired funds can be eiven immediate availability upon deposit. Cashier's checks Teller's checks and Certified checks may be available n y one business day after deposit. All other funds such as personal, corporate or partnership checks and drafts may cause material delays in disbursement of funds on this order. In order to avoid delays, all funding should be wire transfer. Outgoing wire transfers will not be authorized until confirmation of the respective incoming wire transfer or availability of deposited checks. NOTE: ALL ALTA LOAN POLICIES WILL BE ISSUED ON "1992 ALTA FORM", any other requests will include the following creditor's rights exception to Schedule B: 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 insolvency, or similar creditors' rights laws, that is based on: (a) the transaction' creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (b) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (c) the transaction,creating the interest of the insured mortgagee being deemed a preferential.transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. NOTE: If an ALTA residential owner's policy is requested and if the property herein described is determined to be eligible for this policy, the following Exceptions From Coverage will appear in the policy: 1. Taxes or assessments which are not shown as liens by the public records or by the records of any taxing authority. 2. (a) Water rights, claims or title to water; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) unpatented mining claims; whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 3. Any rights, interests or claims of parties in possession of the land which are not shown by the public records. 4. Any easements or liens not shown by the public records. This exception does not limit the lien coverage in Item 8 of the Covered Title Risks. 5. Any facts about the land which a correct survey would disclose and which are not shown by the public records. This exception does not limit the forced removal coverage in Item 12 of the Covered Title Risks. $ EXHI13IT Page„,Loll 623323 KR Legal Description All that real property situated in the City of Saratoga, County of Santa Clara, State of California, described as follows: I I PARCEL ONE: The Northwest 1/4 Section 8, Township 8 South, Range 2 West, Mount Diablo Base and Meridian. PARCEL TWO: The North 3/4 of the Northeast 1/4 of the Southwest 1/4 of Section 8, Township 8 South, Range 2 West, Mount Diablo Base and Meridian. APN: 50341-003/517-03-010 r 6 EXHIBIT --h Page—11—o l�' .. CLTA Preliminary Report F.- Opp CLTA PRELIMINARY REPORT FORM LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS SCHEDULE B 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 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 or 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 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 or governmental regulations, except to the extent that a notice'of the enforcement thereof or a notice of a defect, lick 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 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 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 if 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 the 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 of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs,attorneys' foes 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 which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interest 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) Un aten ed minis cl aims; @) reservat ions or exceptions in patents or in acts authorizing the issuance thereof; (c) water t ri s claims or title t o water; wh ether or not the a mattersexcepted under a or is records. ( ), @) (c) are shown by the public (List of Printed Exceptions and Exclusions Continued on Next Page) EXHIM REV. 10/92 Pam Qf� I .,r.. .. -.,..-.. ..... .. .. ... .'-_. . WnU or cma", ,-.&MM auA mtM,,,CAuoAMA � BK 503 5l7 �� 7QWSHIP E 50112H•IGVIGE MIST ....... ....... ram-7�'Z a+w -..__....... .J... �d STATE OF CAut, 7X1S A..wct / r r cot tl� 40AC 140AC1 sANrA aAuA CO. PAMS\NEC.DEPT. A rZGAF. C. ImmoJ- r 23.03 A[. ! 4an�c �� �•/ (wAt) I NET _ 8t { n• PLO*At ,p7- • If7.00AC. 6125 AG• ; O ------------ A i y Y r wa �� �q Eacmr�, \ 290.M AC. TOTAL r0 2 / COUNTY pF '} -"-1-�-- O0. boy. LRAsim" fl � SAM1A CI(A11A ` � Olin xmxa-as 11-a-T1 ` / ` _ k r•�wr E r.._� t f. •_ r►as�aw.ra wn t An +tit■rA•rcwtiA.w . — AIIMW ECAAIlOW-AlSMrA t pl i _______________.___ 3 1 } e 1 e � � I i w • O I _ EXHIBIT tq Page 1LLot1E CLTA Preliminary Report Fk 2. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87 EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss,costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or governmental regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use C improvements on the land o land division a 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 o 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: a that are created, allowed, or agreed to by you o 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 o that first affect your.title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: o to any land outside the area specifically described and referred to in Item 3 of Schedule A; or o in streets, alleys,or waterways that touch. your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 3. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT _ FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH ALTA 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. i. (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 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 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. (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. (List of Printed Exceptions and Exclusions Continued on Next Page) EXHIBIT REV. I0192 Page of. CLTA Preluninary Report Fo_ ' 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(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 to the extent insurance is afforded herein as to assessments for street improvements is under co nstruction or completed ed 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 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 land is situated. 5. Invalidity or unenforceability of th6 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 statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or 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 not financed in whole or in part by proceeds of the 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 insolvency,or similar creditors' rights laws,that is based on: (a) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (b) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument or transfer; or (ii) of such recordation to impart notice to a purchaser for value or.a judgment or lien creditor. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: 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 which may result in taxes or assessments, or notices 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 by making inquiry of 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. 4. AMERICAN LAND TITLE ASSOCIATION OWNERS -PO LICY 1017-92 and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) 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: (List of Printed Exceptions and Exclusions Continued on Next Page) EXHIBIT REV, 10/n page �of� CLTA Prelninary Report Fc,. 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 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 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. (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 greed to by the insured claimant; (b) not known to the Company, no recorded in the public records at Date of Policy,but know 1 i M + ExHilrr CLTA Preliminary Report Form Form No. 1068.Eagle(2/10/97) 11. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY 1987 WITH EAGLE PROTECTION ADDED EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss,cost, attorney's fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or governmental regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use improvements on the land • land division G 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 coverage described in Items 12c and d, 13 and 18 of Covered Title Risks. 2. The right take the land by condemning it,unless: • a notice of exercising the right appears in the public records on the Policy Date o the taking happened prioi to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: — o that are created, allowed, or agreed to by you o that are known to you,but not to us, on the Policy Date -unless they appeared in the public records o that result in no los§ to you o that first affect your title after the Policy Date -this does not limit the coverage described in Items 3b,8, 17 and 19 of Covered Title Risks 4. Failure to pay value for your title.1 5. Lack of a right: o to any land outside the area specifically described and referred to in Item 3 of Schedule A; or o in streets, alleys,or waterways that touch your land This exclusion does not limit the coverage described in Items 5 and 12a of Covered Title Risks. 12. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (1992) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE WITH EAGLE PROTECTION ADDED EXCLUSION 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 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 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.This exclusion does not limit the coverage provided under insuring provisions 14, 15, 16 and 24 of this 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.This exclusion does not limit the coverage provided under insuring provisions 14,15, 16 and 24 of this 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(this paragraph (d) does not limit the coverage provided under insuring provisions 7,8, 16, 17, 19,20,21,23,24 and 25);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 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 land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof, which arises out 9 sis r. ction videnced by the insured mortgage and is based upon: ��((�„j (a) usury,except as provided under insuring provision 10 of this policy;or Regional Open .ice R-98-130 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-25 October 28, 1998 AGENDA ITEM _ 2 AGENDA ITEM Proposed Acquisition of an Additional One-Sixth (1/6) Interest in the Former Laye, et al. Property from the Estate of Philip S. Sanfilippo as an addition to Sierra Azul 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 the purchase of an additional one-sixth (1/6) interest in the former Laye, et al. property from the Estate of Philip S. Sanfilippo. 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property as an addition to Sierra Azul Open Space Preserve. 4. Indicate your intention to withhold dedication of the property as public open space at this time. DESCRIPTION (,see attached Location Man) On June 13, 1979 the Board approved the acquisition of a one-third (1/3) undivided interest from six of the owners in the 137-acre former Laye, et al. property located east of Highway 17 and within the sphere of influence of the Town of Los Gatos in Santa Clara County (see Report R-79-22). On August 12, 1979 the Board approved the acquisition of an additional one-sixth (1/6) undivided interest from six more of the owners, increasing the District's ownership to one-half('/2) interest (see Report R-79-33). An additional one-sixth (1/6) interest from the Estate of Philip S. Sanfilippo has become available for purchase, and this acquisition would increase the District's interest to two-thirds (2/3). USE AND MANAGEMENT PLAN Planning This 137-acre property is located south and east of the Town of Los Gatos above the Blossom Hill area and is now surrounded by District land. The property is situated on a ridge top with elevations varying from 2,200 to 2,600 feet. 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-98-130 Page 2 Use and Management The property would remain as a natural area with existing roads and trails open to the public as it is currently. In addition, the property will continue to be managed as a part of the Sierra Azul Open Space Preserve. CEQA 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 15316, 15325, and 15061 as follows: 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 land will not be developed and will remain in a natural condition. 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 that it will be preserved as public open space by incorporating it into the Sierra Azul Open Space Preserve. The acquisition qualifies under two 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 AND CONDITIONS This property interest is being acquired from an estate. District staff reviewed the fair market appraisal completed by the estate which determined the full fee interest to be $130,000 for the 137 acre property ($950 per acre) with an approximate 35% reduction for the minor interest proposed for acquisition, or$14,150 ($620 per acre) for the one sixth (1/6) interest being acquired. BUDGET CONSIDERATIONS 1998-1999 Budget for Land Acquisition New Land Budgeted for Acquisition $11,303,000 New Land Purchased this year (2,724,100) Girdner Acquisition proposed earlier on this agenda ( 500,000) Sanfilippo Estate Property ( 14,150) Acquisition Budget Remaining $ 8,064,750 II R-98-130 Page 3 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 ty, parcel was identified as an important addition to Sierra AzuI Open Space Preserve for public recreation, wildlife habitat and scenic qualities. PUBLIC NOTIFICATION There are no privately owned properties located adjacent to or surrounding the subject property. Prepared by: L. Craig Britton, General Manager Contact person: Same as above SIERRA AZUL OPEN SPACE PRESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 7 �\ 4.1 /— CLOSED AR � l000 1200 2000 ; .2200 1400 2400 1600, J rail �e 2400 S jai; 1800 , Priest 1.0 2600 � -� � 2 2200 2000� i I / PROPOSED ACQUISITION 6 (LAYE, ET AL. 137 ACRES SANFILIPPO, 1/6 INTEREST) NJ v , • r �\ 3.0` i 7 \ El Sombroso �r d 0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 One Mile y 'shoo f , � EXHIBIT A: PROJECT LOCATION MAP i RESOLUTION RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF AGREEMENT TO PURCHASE REAL PROPERTY, 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 (SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF THE ESTATE OF PHILIP S. SANFILIPPO) 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 the Estate of Philip S. Sanfilippo and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors, or other appropriate officer, is authorized to execute a Certificate of Acceptance on behalf of the District. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to seller. The General Manager is fiffffier 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 $2,000 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$14,150 from the proceeds of the next long-term District note issue. This Section of this Resolution is adopted by the Board of Directors 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. PURCHASE AGREEMENT This Agreement is made and entered into by and between Martha E. Sanfilippo, executor of the estate of Philip S. Sanfilippo and Martha E. Sanfilippo, Trustee of THE SANFILIPPO FAMILY TRUST, dated August 27, 1996, 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 an undivided one-sixth (1/6) interest in certain real property which has open space and recreational value, located within an unincorporated area of the County of Santa Clara and being more particularly described within the body of this Agreement; and WHEREAS, 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 currently owns an undivided one-half(1/2) interest in said property and District desires to purchase Seller's undivided one-sixth (1/6) interest in 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 said undivided one-sixth (1/6) interest in said property to District, and District wishes to purchase said undivided one-sixth (1/6) interest in the 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 undivided one-sixth (1/6) interest in the real property located within an unincorporated area of the County of Santa Clara, State of California, containing approximately one hundred thirty-seven (137) acres, more.or less, and commonly referred to as Santa Clara County Assessor's Parcel Number 562-10-08. Said property is further described in the Legal Description attached to Preliminary Report number 98170815 from North American Title Company, dated as of June 19, 1998; a copy of said Preliminary Report is attached hereto as Exhibit "A", and incorporated herein by this reference. Said undivided one-sixth (1/6) property interest 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. Seller's undivided one-sixth (1/6) interest in the Purchase Agreement Page 2 said real property and appurtenances thereto shall hereinafter be called the "Subject Property" or the "Property". 2. Purchase Price. The total purchase price ("Purchase Price") for the Property shall be Fourteen Thousand One Hundred Fifty and No/100 Dollars ($14,150.00), which shall be paid in cash at the "Closing" as defined in Section 3 hereof. 3. Escrow. Promptly upon execution of this Agreement, in accordance with Section 12 herein, an escrow shall be opened at North American Title Company, 335 North Santa Cruz Avenue, Los Gatos, CA 95037, (408) 395-9008 (Escrow number 98170815) or other title company acceptable to District and Seller (hereinafter "Escrow Holder") through which the purchase and sale of the Property shall be consummated. A fully executed copy of this Agreement shall be deposited with Escrow Holder to serve as escrow instructions to Escrow Holder; provided that the parties shall execute such additional supplementary or customary escrow instructions as Escrow Holder may reasonably require. This Agreement may be amended or supplemented by explicit additional escrow instructions signed by the parties, but the printed portion of such escrow instructions shall not supersede any inconsistent provisions contained herein. Escrow Holder is hereby appointed and instructed to deliver, pursuant to the terms of this Agreement, the documents and monies to be deposited into the escrow as herein provided, with the following terms and conditions to apply to said escrow: (a) The time provided for in the escrow for the close thereof shall be on or before thirty (30) days following court approval of this sale in accordance with Section 6 hereinbelow or December 31, 1998, whichever occurs later; 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 in Office of the CountyRecorder of Santa Clara County. below to be recorded the ty (b) Seller and District shall, during the escrow period, execute any and all documents and perform any and all acts reasonably necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agreement. (c) Seller shall deposit into the escrow on or before the Closing an executed and recordable Grant Deed, covering the Property as described in said Exhibit "A". (d) District shall deposit into the escrow, on or before the Closing: (i) The required Certificate of Acceptance for the Grant Deed, duly executed by District and to be dated as of the Closing; (ii) District's check payable to Escrow Holder in the amount of Fourteen Thousand One Hundred Fifty and No/100 Dollars ($14,150.00). i i Purchase Agreement Sage 3 (e) District and Seller shall pay equally (50150) for the escrow fees, the I CLTA Standard Policy of Title Insurance and all recording costs and fees. All other costs or expenses not otherwise provided for in this Agreement shall be apportioned or allocated between District and Seller in the manner customary in Santa Clara County. All 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 North American Title 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$14,150.00 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 numbered 1, 2, and 3 (exception 4 will also be taken subject to; provided, however, that the community interest of the spouse of Phillip S. Sanfilippo, if any, is eliminated) as listed in said Preliminary Report (Exhibit "A"), and (iii) such additional title exceptions as may be approved in writing by District prior to the Closing. I (g) Escrow Holder shall, when all required funds and instruments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled, cause the Grant Deed and attendant Certificate of Acceptance to be recorded in the Office of the County Recorder of Santa Clara County. Upon the Closing, Escrow Holder shall cause to be delivered to District the original of the policy of title insurance required herein, and to Seller Escrow Holder's check for the full purchase price of the Subject Property (less Seller's portion of the expenses described in Section 3(e)), and to District or Seller, as the case may be, all other documents or instruments which are to be delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall return all monies, documents or other things of value deposited in the escrow to the party depositing the same. 4. Rights and Liabilities of the Parties in the Event of Termination. In the event this Agreement is terminated and escrow is canceled for any reason, all parties shall be excused from any further obligations hereunder, except as otherwise provided herein. Upon any such termination of escrow, all parties hereto shall be jointly and severally liable to Escrow Holder for payment of its title and escrow cancellation charges (subject to rights of n f escrow and have used such termination 0 whose fault may a e caused s subrogation against any party ose y ), 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 i Purchase Agreement Page 4 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. Court AWroval. Seller and District acknowledge that Seller's ability and obligation as executor of the estate of Phillip S. Sanfilippo to enter into this Purchase Agreement and to perform the transaction called for herein is subject to the approval of this Purchase Agreement and this transaction by an order of the Superior Court of California for the County of Santa Clara via a petition for the Estate of Phillip S. Sanfilippo, Case Number 1-97-PR142099. Seller will proceed promptly and use its best efforts to obtain such order on or before October 30, 1998. , 7. Seller's Representations 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) Authority. Seller has the full right, power and authority to enter into this 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 Ti . Seller has indefeasible fee simple title to the Subject O Good tle P J Property which is to the best knowledge of Seller free and clear of any and all liens and encumbrances, including but not limited to recorded and unrecorded option rights or purchase rights or other interests held by third parties other than as set forth in the Preliminary Report attached hereto as Exhibit "A". District shall, however, rely solely upon its title insurance policy and not upon the representations and warranties of Seller from and after Close of Escrow with respect to the condition of title. 8. "As-Is" Purchase and Sale. Except as expressly set forth in this Agreement, this sale is made without representation or warranty by Seller whatsoever, and that Seller has Purchase Agreement Page 5 not undertaken any investigations of the matters hereinafter described. District represents, warrants, acknowledges and agrees that it has had full and ample opportunity prior to the execution of this Agreement to investigate the Property, including but not limited to the physical condition thereof, the presence, absence or condition of improvements thereon, the suitability of the Property for any purpose, the compliance of the Property for any purpose, the compliance of the Property with applicable laws, the condition of the soil, water, vegetation, any water courses or bodies of water in, on or adjacent to the Property, and the surroundings of the Property, and that District shall purchase the Property AS-IS WITH ALL FAULTS. Except as expressly set forth in this Agreement, Seller expressly disclaims any representations or warranties concerning any of the foregoing matters. District represents and warrants to Seller that District has made visual inspections of the Property and such geologic, soils and other tests as District deems appropriate, and that District accepts the condition of the Property as set forth above. 9. Integrity of PLQpgM. Except as otherwise provided herein or by express written permission granted by District, Seller shall not, between the time of Seller's execution hereof and the close of escrow, cause or allow any physical changes on the Property. Such changes shall include but not be limited to grading, excavating or other earthmoving activities, cutting or removing trees, shrubs, brush or other vegetation, and damaging or demolition of improvements or structures on the Property. 10. Hazardous Waste. OY" in means an term Hazardous Waste as used here a Definitions. The to 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, toxicity, 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 District, which shall survive close of escrow, each of which is material and is being relied upon by District: (i) To Seller's knowledge, without further inquiry or investigation, the Property does not contain and has not previously contained any Hazardous Waste or I Purchase Agreement Page 6 underground storage tanks, and no Hazardous Waste has been or is being used, manufactured, handled, generated, stored, treated, discharged, present, buried or disposed of on, under or about the Property, or transported to or from the Property, nor has Seller undertaken, permitted, authorized or suffered any of the foregoing; (ii) Seller has not received any notice and, without further inquiry or investigation, Seller has no actual knowledge that any private person or governmental authority or administrative agency or any employee or agent ent thereof has determined alleged ed or commenced or threatened to commence any litigation, or other proceedings, 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, nor has Seller received any communication from any such person or governmental agency or authority concerning any such matters. (c) Indemnity. Seller shall indemnify, defend and hold harmless District from and against and all claims, liabilities, losses, damages, and costs incurred or suffered by District, including without limitation, attorney, engineering and other professional or expert fees, to the extent arising from any breach of the warranties or representations contained herein. 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 there under and to any other compensation, except as provided in this Agreement. Seller has been advised 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. 12. Miscellaneous Provisions. 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. Purchase Agreement Page 7 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. C. Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may: (i) waive any inaccuracies in representations and warranties made by the other party contained in this Agreement or in any documents delivered pursuant hereto; (ii) 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 (iii) waive the fulfillment of any condition that is precedent to the performance by such party of any of its obligations under this Agreement. The General Manager is authorized to agree to an extension of the time for the performance of any j obligations on the part of District or Seller pursuant to 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 mail, registered or certified and return receipt requested, with proper postage prepaid, or if delivered by Federal Express or other private messenger, courier or other delivery service or sent by facsimile transmission by telex, telecopy, telegraph or cable or other similar electronic medium, addressed as indicated as follows: Seller: Martha E. Sanfihppo, executor of the Estate of Phillip S. Sanfilippo c/o Hoge, Fenton, Jones and Appel, Inc. 60 S. Market Street, Suite 1400 San Jose, CA 95113-2396 Attn: David Mitchell (408) 287-9501 FAX (408) 287-2583 P Purchase Agreement page 8 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 sent by telegraph, facsimile copy or cable, a confirmed copy of such telegraphic, facsimile 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 at the expiration of the third (3rd) business day after the date of mailing, whichever is earlier in time. Either party hereto may from time to time, by notice in writing served upon the other as aforesaid, designate a different mailing address or a different person to which such notices or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement shall excuse either party from giving oral notice to the other when prompt notification is appropriate, but any oral notice given shall not satisfy the requirement of written notice as provided in this Section. F. Severability. If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is binding upon the parties, the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement. The parties further agree to replace such void or unenforceable provisions which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provisions. G. Counterparts. This Agreement may be executed in separate counterparts, each of which shall be deemed as an original, and when executed, separately or together, shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instrument. 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, conversations, negotiations, agreements or understandings relating to the same subject matter. Purchase Agreement Page 9 J. Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element. 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. L. 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. 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 covenants are intended to be fully effective and binding, to the extent permitted by law, on the successors and permitted assigns of the parties hereto. O. 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. P. 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. Q. Arbitration of Disputes. If a dispute arises out of or relates to this Agreement or the performance or breach thereof, the parties agree first to participate in non- binding mediation in order to resolve their dispute. If the parties are unable to resolve their dispute through mediation, or if there is any remaining unresolved controversy or claim subsequent to mediation, any remaining unresolved controversy or claim shall be settled by arbitration. 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 Santa Clara 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. I Purchase Agreement Page 10 NOTICE: BY INITIALING IN THE SPACE BELOW, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING FROM THE MATTERS INCLUDED INTHE "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW, YOU ARE GIVING 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 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. SELLER INITIAL BUYER INITIAL 13. Acceptance. Provided that this Agreement is executed by Seller and delivered to District on or before October 9, 1998, District shall have until midnight December 9, 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. Provided that this Agreement is accepted by District, this transaction shall close as soon as practicable in accordance with the terms and conditions set forth herein. Purchase Agreement Page 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof. DISTRICT: SELLER: MIDPENINSULA REGIONAL OPEN CL SPACE DISTRICT Martha E. Sanfilippo, Ex utor of the Estate of Phillip S. Sanfilippo APPROVED AS TO FORM: �/07 3 -' I Date: bT Sue Schectman, District Counsel RECOMMENDED FOR APPROVAL: Martha E. Sanfilippo, rus of the Sanfilippo Family Trust dated August 27, L. Craig Britton, General Manager 1996 APPROVED AND ACCEPTED: Date: President, Board of Directors ATTEST: District Clerk Date: f I I NORTH AMERICAN DIRECT ALL INQUIRES TO: TITLE Escrow Officer: SUSAN TROVATO ■■COMPANY Telephone No. 408/395-9008 Our No.: 98170815 July 22, 1998 MID PENINSULA OPEN SPACE DISTRICT 330 DISTEL CIRCLE LOS ALTOS, CALIFORNIA 94022 ATTN: LISA ZADEK PROPERTY ADDRESS NO SITUS SHOWN Preliminary Report IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, North American Title Company, Inc. 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 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 EXCLUSION FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH ON THE ATTACHED COVER COP IES 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 POLICY TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. Dated as of JUNE 19, 1998 VICTORIA MANGAHAS at 7:30 A.M. Title Officer 335 North Santa Cruz Avenue, Los Gatos, California 95030, (408) 395-9008vVIS'T Page W The form of policy of title insurance contemplated by this report is: ALTA Loan Policy - Form 1 (10-17-92) and/or CLTA Standard Coverage Policy - 1990 The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: MID PENINSULA REGIONAL OPEN SPACE DISTRICT, A PUBLIC DISTRICT, AS TO AN UNDIVIDED Y2 INTEREST, PHILIP S. SANFILIPPO, AS TO AN UNDIVIDED 1/6 INTEREST; ROSALIE MASTERSON, AS TO AN UNDIVIDED 1/6 INTEREST; CAMILLE R. BOLTZ, AS TO AN UNDIVIDED 1/6 INTEREST EXH1131T 19 Page 2 of 6 page 0-2of—Ly— Order No. 98170815 i Description: The land referred to herein is situated in the State of California, County of SANTA CLARA, IN AN UNINCORPORATED AREA, and is described as follows: LOTS ELEVEN, TWELVE, THIRTEEN AND FOURTEEN OF SECTION THIRTY-SIX (36), TOWNSHIP EIGHT (8), SOUTH, RANGE ONE (1) WEST, MOUNT DIABLO MERIDIAN, RESERVING TO THE STATE OF CALIFORNIA ONE-SIXTEENTH OF ALL COAL, OIL, GAS AND OTHER MINERAL DEPOSITS CONTAINED IN SAID LANDS, AS PROVIDED BY AN ACT OF THE LEGISLATURE, APPROVED MAY 25, 1921 (CHAPTER 303, STATUTES OF CALIFORNIA, 1921), AND RESERVING IN THE PEOPLE THE ABSOLUTE RIGHT TO FISH THEREUPON, AS PROVIDED BY SECTION 25 OF ARTICLE I OF THE CONSTITUTION OF THE STATE OF CALIFORNIA. ASSESSOR'S PARCEL NO.: 562-10-008 EXHIBIT_ Page 3 of 6 Page-3—of,� Order No. 9817081S 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 property taxes, and any assessments collected with taxes, including utility assessments, are a lien not yet payable to be levied for the fiscal year 1998/1999. 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. 3. THERE APPEARS TO BE NO RECORD ACCESS TO OR FROM THE SUBJECT PROPERTY. 4. The community interest of the spouse, if any, of PHILIP S. SANFILIPPO, ROSALIE MASTERSON AND dAMILLE R. BOLTZ. END OF EXCEPTIONS EXHIBIT Page 4 of 6 page . .4—of—Ply— Order No. 98170815 F INFORMATIONAL NOTES: Our ALTA Loan Policy, when issued, will contain Endorsement Nos. 100 and 116/116.2. There are no conveyances affecting said land recorded within 24 months of the date of this report. This charge for a policy of title insurance, if issued through this title order, will be based on the basic insurance rate. Note: Effective March 1, 1979 there will be an additional $10.00 fee for recording a deed with a legal description other than an entire lot in a recorded final map. If there are any questions, please call your Escrow Officer or Title Officer. General and special property taxes for the fiscal year shown below have been paid. Fiscal Year: 1997-1998 Total Amount: $440.52 First Installment: $220.56 Second Installment: $220.56 Land: $16,515.00 Code Area: 80-060 Parcel Number: 562-10-008 7/22/98 EF EXHIBITPage 5 of 6 Page Order No. 98170815 M GOOD FUNDS LAW CALIFORNIA ASSEMBLY BILL 512 ("AB512") IS EFFECTIVE ON JANUARY 1, 1990. UNDER AB512, NORTH AMERICAN TITLE COMPANY, INC. ("NORTH AMERICAN TITLE COMPANY, INC.") MAY ONLY MAKE FUNDS AVAILABLE FOR MONETARY DISPERSAL IN ACCORDANCE WITH THE FOLLOWING RULES: SAME DAY AVAILABILITY - DISBURSEMENT ON THE DATE OF DEPOSIT IS ALLOWED ONLY WHEN FUNDS ARE DEPOSITED TO NORTH AMERICAN TITLE COMPANY ("NORTH AMERICAN TITLE COMPANY, INC.") IN CASH OR i BY ELECTRONIC TRANSFER (WIRE). BEAR IN MIND THAT CASH WILL BE ACCEPTED FROM CUSTOMERS ONLY UNDER SPECIAL CIRCUMSTANCES AS INDIVIDUALLY APPROVED BY MANAGEMENT. NEXT DAY AVAILABILITY - IF FUNDS ARE DEPOSITED TO NORTH AMERICAN TITLE COMPANY, INC. BY CASHIER'S CHECKS, CERTIFIED CHECKS, OR TELLER'S CHECKS, DISBURSEMENT MAY BE ON THE NEXT BUSINESS DAY FOLLOWING DEPOSIT. A "TELLER'S CHECK" IS ONE DRAWN BY AN INSURED FINANCIAL INSTITUTION AGAINST ANOTHER INSURED FINANCIAL INSTITUTION (E.G., A SAVINGS AND LOAN FUNDING WITH A CHECK AGAINST A FDIC INSURED BANK). 2-5 DAY AVAILABILITY (REGULATION CC). IF THE DEPOSIT IS MADE BY CHECKS OTHER THAN THOSE DESCRIBED IN PARAGRAPHS 1 AND 2 ABOVE, DISBURSEMENT MAY OCCUR ON THE DAY WHEN FUNDS MUST BE MADE AVAILABLE TO DEPOSITORS UNDER FEDERAL RESERVE REGULATION CC. THIS REQUIRES A "HOLD" ON SOME CHECKS OF 2-5 DAYS OR LONGER IN SOME INSTANCES, PERSONAL CHECKS, DRAFTS, PRIVATE CORPORATION AND COMPANY CHECKS, AND FUNDING CHECKS FROM MORTGAGE COMPANIES THAT ARE NOT TELLER'S CHECKS ARE AMONG THOSE CHECKS SUBJECT TO SUCH HOLDS. (FOR FURTHER DETAILS, CONSULT CHAPTER 598, STATUTES OF 1989.) NOTE: THE ABOVE GUIDELINES ARE IN CONFORMITY WITH THOSE ISSUED BY THE DEPARTMENT OF INSURANCE FOR ALL CALIFORNIA TITLE INSURANCE AND CALIFORNIA TITLE COMPANIES. PRELIMINARY CHANGE OF OWNERSHIP REPORT NOTE: ON OR AFTER JULY 1, 1985, THE COUNTY RECORDER'S OFFICE WILL CHARGE, IN ADDITION TO THE REGULAR CHARGES, AN EXTRA $20.00 RECORDING FEE, UNLESS A DOCUMENT EVIDENCING A CHANGE OF OWNERSHIP IS ACCOMPANIED BY A PRELIMINARY CHANGE OF OWNERSHIP REPORT. IN LIEU OF SAID REPORT, SIGNED BY THE TRANSFEREE, THE RECORDER WILL ACCEPT AN AFFIDAVIT THAT THE TRANSFEREE IS NOT A RESIDENT OF CALIFORNIA. TITLE BILLINGS WILL BE ADJUSTED TO REFLECT SUCH ADDITIONAL FEES WHEN APPLICABLE. IRS FORM 1099 BEFORE THE TRANSACTION CONTEMPLATED BY THIS REPORT CAN BE CLOSED, THE SELLERIBORROWER MUST FURNISH A 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 SERVICE. NOTICE OF A WITHHOLDING REQUIREMENT THIS IS A NOTICE OF A WITHHOLDING REQUIREMENT (CALIFORNIA REVENUE AND TAXATION CODE SECTIONS 18862) ON SALES OF REAL PROPERTY. IN ACCORDANCE WITH SECTION 18662 OF THE REVENUE AND TAXATION CODE, A BUYER MAY BE REQUIRED TO WITHHOLD AN AMOUNT EQUAL TO 3 1/3 PERCENT OF THE SALES PRICE, IN THE CASE OF A DISPOSITION OF CALIFORNIA REAL PROPERTY INTEREST BY EITHER: 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 A CORPORATE SELLER WHICH HAS NO PERMANENT PLACE OF BUSINESS IN CALIFORNIA, OR FOR FAILURE TO WITHHOLD, THE BUYER MAY BECOME SUBJECT TO A PENALTY IN 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: THE SALES PRICE OF THE CALIFORNIA REAL PROPERTY CONVEYED DOES NOT EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000),OR THE SELLER EXECUTES A WRITTEN CERTIFICATE, UNDER 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 ' THE SELLER,WHO IS AN INDIVIDUAL, EXECUTES A WRITTEN CERTIFICATE, UNDER 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. IN THE EVENT THE BUYER REQUIRES WITHHOLDING OF THE 3 1/3 PERCENT OF SALES PRICE FROM THE SELLERS PROCEEDS, THE BUYER IS REQUIRED TO FILE A COPY OF FORM FTB597 WITH THE FRANCHISE TAX BOARD ALONG WITH THE WITHHOLDING AMOUNT DUE NO LATER THAN THE 20TH DAY OF THE MONTH FOLLOWING THE MONTH IN WHICH THE WITHHOLDING OCCURRED, UNLESS THE SELLER HAS REQUESTED A WAIVER. IF THE SELLER HAS REQUESTED A WAIVER, THE FRANCHISE TAX BOARD, WITHIN 45 DAYS, WILL EITHER AUTHORIZE A REDUCED AMOUNT, OR NO AMOUNT, OR DENY THE REQUEST, AT WHICH TIME THE AMOUNT WITHHELD ALONG WITH COPY A OF FORM FTB 597 MUST BE SENT TO THE FRANCHISE TAX BOARD, AT THE FOLLOWING ADDRESS: FRANCHISE TAX BOARD WITHHOLDING AT SOURCE UNIT, P.O. BOX 651, SACRAMENTO, CALIFORNIA 95812-0651 (916)845-4900. EXHIBIT Page 6 of 6 Page-&—of_i-IL I Order No. 98170815 OFFICE OF COUNTV ASSESSOR SANTA CUM COLWTY, CAUFORNIA H£oLL� 1 EFf ECTIYE f o TT907."SSE //f! � ENGE E.stONE 575 � F MT. DIABLO MERIDIAN TP 9 S,R I I. i41.3,2K1 (41 nw)' .�C772K1 T7.9S,R.W. TP.95,RIW. I ; 1 . g !(3160A() 9 r I6 (MOW) 1 I(34uAC) B �(4a%AC) 9 1(41.41 AC) 16 20 n (15.96AC) is , 17'" '•'// ' I le.0 X.TOTAL (1460W 22 (32.D0K) 21 :(40s4A� 10 J(4a94AC) IS 6 I9 - -r(40.SlAd / 7 (40.9 HQ 10 y 4141K IS S (2L34K) -� 7 MIOr£NFNSULA�` 2 REGIONAL 2 1G1.04 AL.TOTAL OPEN M AC) lia./7g AC.11"AL DIST. /MIDPENINSULA MIDPENINSULA 3 (Si14X) MIDPENINSULA REGIONAL OPEN SPACE DIST. / REGIONAL W.B, \ / OPEN SPACE 7 BK --- ---- ---- 1 DISTRICT REGIONAL 537 I - - -- - - -���;- --- - -- 4057AC 3 ;4nS7K. 6 1 19 ( ) '( ! IB (44.794C.) 3 --- -�i -----------.y------- ti-- ------ - - -- ,(4ASIAC) 6 �' i(40.76AC) II I(41.41AC) 14 4 1 � !0 , 14 Z7A.,1 AC.TOTAL I - - wB' --'MIDPENINSULA REGIONAL '+. OPEN r SPACE DISTRICT W 1 OPENS E DIST. /, / i I21.23 AC.TOTAL z I 40.19X 4 14a19K- 5 ) 12 8 ( ') 13 (46.17AC) 4 �(40sIAC) 5 L ---- 1 ----- ----- 12 1 11Q 1 12 �2 INT. I I 1 I Jr.a. t I 1 I I MIDPENINSULA REGIONAL OPEN SPACE 01 TRICT m � BK 558 � I m "THE INFORMATION ON THIS PLAT IS PROVIDED FOR YOUR CONVENIENCE AS A GUIDE TO THE GENERAL LOCATION OF THE SUBJECT PROPERTY THE ACCURACY OF THIS PLAT IS NOT GUARANTEED,OF ANY POLICY.REPORT OR GUARANTEE I E PO WHICH S IT A ITMAY BE ATTACHED." �■NORTH AMERICAN TITLE COMPANY NATCO NOTES: DON'T DELAY YOUR CLOSE OF ESCROW! IF ANY OF THE FOLLOWING ITEMS AFFECT YOUR TRANSACTION, PLEASE NOTIFY YOUR ESCROW OFFICER AS SOON AS POSSIBLE. I. Ongoing Construction The Title Company will require, as a minimum, the following prior to insuring: A. Valid Notice of Completion verified by inspection and expiration of 60 days from recordation of said notice or; B. Approved Indemnities from Borrower/Seller, approved financial statement not over one year old and a waiver of lien rights from the general contractor. 1. The Title Company may also require proof of payment of subcontractors, indemnity and financial statement from the general contractor, a copy of the contract and the with-holding of a sum of money, to cover the contract until the mechanics lien period has expired, with which to pay filed mechanics liens, or other assurances to be determined on a case by case basis. II. Bankruptcy The Title Company will require, as a minimum, the following prior to insuring: A. The bankruptcy case be closed or, B. An order from the bankruptcy court verifying the transaction, with a demand placed into escrow by the trustee. 1. Escrow may not close until 15 days have elapsed from the order and the file has been checked to verify that there are no objections to said order. III. Abstracts of Judgment, Liens, Tax Liens The Title Company will require, as a minimum, the following prior to insuring: A. Proof that the buyer/seller is not the same party as on the recorded liens. 1.This is accomplished by the buyer/seller/borrower completely filing out and signing a statement of information. B. The items are to paid off in escrow. C. The items are to be subordinated to the new transaction. IV. Community Property California is a community property state. A. A quitclaim from one spouse to another must specifically quitclaim any community property interest. B. An interlocutory decree of divorce specifically granting the property to one spouse is sufficient if a final decree is issued and recorded in the county. I - EXHIBIT G Page of_ I' VNORTH IVIERICAN ATITLE COMPANY DID YOU KNOW? Any of the following situations could cause a substantial delay in close of escrow. The earlier we are made aware of potential problems, the earlier the issues can be dealt with to ensure a smooth and timely close of your transaction. Are your principals trying to accomplish a tax deferred exchange? If so, have they chosen an intermediary and who is it? Will any of the principals be using a Power of Attorney? Are any of the vested owners deceased or in any way incapacitated? Do all of the principals who will be signing have a current photo I.D. or Driver's License? Have any of the principals recently filed for bankruptcy? Are the sellers of this transaction residents of California? Has there been a change in marital status of any of the vested owners or will we be adding anyone to title, i.e. co-signers, additional insured, etc.? Is the property currently vested in a trust or will the new buyer/borrower vest in a trust? Are any of the trustees of the trust deceased or incapacitated? Will this transaction involve a short sale? Will there be a new entity formed, i.e. partnership, corporation? Will all of the principals be available to sign or will we be Federal Expressing documents to another state/country? If so, where? If you have any other information which may be useful to us, please contact your escrow officer as soon as possible. Our goal is to make your transaction as easy and trouble-free as possible. We appreciate your business and hope that you find North American Title Company your company of choice for all of your title and escrow needs. EXHIBIT Page_!3_0f_Y_!L EXHIBIT A LIS. PRINTED EXCEPTIONS AND EXCLUSIONS (By . �Type) 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 which may result in taxes or assessment,or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights interest 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' 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(1)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 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 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. (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 the 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 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 (a) resulting in loss or damage which would not have been sustained if 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 the 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 the operation of 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. 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 locations of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions 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 claimant, (b)not known to the company and not shown by the public records but known to the insured claimant either at dated of policy or at the date such claimant acquired an estate or interest by this policy and not disclosed in writing by the insured claimant to the company prior to the date such insured claimant became an insured hereunder, c resulting in no loss r, ( ) g o damage to the insured claimant, (d)attaching or created subsequent to date of policy, or(a)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. EXHIBIT� 9 Page A? off 3. AMERIC' NO TITLE ASSOCIATION RESIDENTIAL TITLE LANCE POLICY-1987 EXCLUSIONS In addition to the exceptior#in schedule b,you are not insured against loss, costs,attorney's fees,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: and use • improvements on the land • land division ' 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 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 title risks. 4. Failure to pay value for your title. 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. Standard exceptions (A) any rights, interests or claims of parties in possession of the land not shown by the public records. (B)any easements or liens not shown by the public records.This does not limit the lien coverage in item 8 of the covered title risks. (C) any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced remove coverage in item 12 of covered title risks. (D) any water rights, claims or title to water on or under the land. 4.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(1)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 any parcel of which the land is or was a part; or(iv) environmental protection, or the effect of any violation of theses 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. (b) any governmental policy 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 the 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(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 the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (a)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 lien of the 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 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. EXHIBIT Page 6. Any statutory lien for services, labor or ma, s(or the claim of priority of any statutory lien f. ,ices, labor or materialaver 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 not financed in whole or in part by proceeds of the 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 insolvency or similar creditors' rights laws,that is based on; I the transaction creating he interest () t to est of the insured mortgageebin e deemed a fraudulent conveyance or fraudulent 99 y transfer, or (11)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 j the failure; I (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. 5. 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: i 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 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 or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of 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 defect, lien or encumbrances resulting from a violation or alleged violation affecting the land has been recorded in the public records at date of policy. I 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 the 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 not known to the insured claimant and not disclosed in writing to the company by the insured claimant prior to the date of the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or creating 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 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 law 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 64the 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 or transfer,or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 WITH A.L.T.A. ENDORSEMENT FROM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. An law, ordinance or governmental i limited building e ental re ulation(including but not fed toand zoning ordinances) regulating r prohibiting the ( o aces restricting or re U o Y 9 9 9 9 ) 9 9 9 P 9 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 he land, or the effect of a violation of any such law,ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice 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 claimant; (b)not known to the company, and not shown by the public records but not 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 by the insured 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 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) EXHIBIT 29 Page of,� 4. Unenforceability f the lien of the insure, tgage because of failure of the insured at date Jcy or of any subsequent owner of the indebtednes to comply with applicable 'doing business' laws of the state in which the land is situated. 7. ALTA. Plain Language Owner's Policy (6/87) America First Protection Added(6/1/97) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorney's fees, and expenses resulting from: 1. Governmental policy power,and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: (a)land use (b)improvements on the land (c)land division (d) 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 4 not limit the coverage described in items 12c and d, 13 and 18 of Covered Title Risks. 2. The right to take the land by condemning it, unless: (a)a notice exercising the right appears in the public records on the Policy Date (b)the take happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: (a)that are created, allowed, or agreed to by you (b)that are known to you, but not to us, on the Policy Date--unless they appeared in the public records (c)that.result in no loss to you (d)that first affect your title after the Policy Date--this does not limit the coverage described in items 3b, 8, 17 and 19 of Covered Title Risks. 4. Failure to pay value for your title 5. Lack of a right: (a)to any land outside the area specifically described and referred to in Item 3 of Schedule A or (b)in streets,alleys or waterways that touch your land This exclusion does not limit the coverage described in Items 5 and 12a of Covered Title Risks. Standard exceptions: (a) any rights,interests or claims of parties in possession of the land not shown by the public records. (b) any easements or liens not shown by the public records. This does not limit the lien coverage in item 8 of covered risks. (c)any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in item 12 of the covered title risks. (d) any water rights, claims or title to water on or under the land. 8. ALTA Loan Policy-Form 1 (10/17/92) America First Protection Added(6/1/97) 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, attorney's fees or expenses which may 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 by the Land (iii)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 (iv) environmental protection, or the effect of an violation of these laws ordinances P y e es or government regulations,except to the extant 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 9 9 Pu blic Records at Date of Policy. This exclusion does not limit the coverage provided under insuring provisions 14, 15, 16 and 24 of this policy (b)Any governmental policy power not excluded by(a)above, except to the extent that a notice of 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. This exclusion does not limit the coverage under insuring provisions 14, 15, 16 and 24 of this policy. EXHIBIT Page .oaf-AIL. 2. Rights of eminent domain unless notice of tl, rcise thereof has been recorded in the Public f, /s at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy, but not excluding from coverage any taking which as 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 be 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(this paragraph (d)does not limit the coverage provided under insuring provisions 7, 8, 19, 20, 21, 23, 24 and 25); 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 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 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: (a)usury, except as provided under insuring provision 10 of this policy; or (b)any consumer credit protection or truth in lending law. 6. Taxes or assessments of any taxing or assessment authority which become a lien on the Land subsequent to Date of Policy. 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 insolvency, or similar creditors'rights laws,that is based on: (a)the transaction creating the interest of the Insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer;or (b)the subordination of the interest of the Insured mortgagee as a result of the application of the doctrine of equitable subordination;or (c)the transaction creating the interest of the Insured Mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument or transfer: or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 8.Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided under insuring provision 7. 9. Lack of priority of the lien of the insured Mortgage as to each and every advance made after Date of Policy, and all interest charges thereon,over liens, encumbrances and other matters affecting title,the existence of which are Known to the Insured at: (a)the time of the advance; or (b)the time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged,if the rate of interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided under insuring provision 7. EXHIBIT Page ../Y-of-LL Regional Open -' ,, ice R-98-124 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-25 October 28, 1998 AGENDA ITEM 3 AGENDA ITEM Permit for Pacific Gas and Electric Company to Enter El Sereno, Fremont Older, St. Joseph's Hill, and Sierra Azul Open Space Preserves for the Purpose of Installing a New Circuit to an Existing 230 kV Transmittion Line GENERAL MANAGER'S RECOMMENDATION Authorize the General Manager to execute the attached Permit to Enter allowing Pacific Gas and Electric Company and its contractors to access El Sereno, Fremont Older, St. Joseph's Hill, and Sierra Azul Open Space Preserves for the purpose of installing a new circuit to an existing 230 kV transmission line. DISCUSSION Pacific Gas and Electric Company (PG&E) owns and operates the Metcalf-Monta Vista 230 kV transmission line which runs from the Metcalf Substation in Morgan Hill to the Monta Vista Substation in Cupertino. PG&E is installing a new circuit on this existing major high-tension line which crosses portions of El Sereno, Fremont Older, St. Joseph's Hill, and Sierra Azul Open Space Preserves. PG&E's De Anza Division provides power to the area serving the communities of Cupertino, Sunnyvale, Los Altos, and Mountain View. PG&E will install this fourth circuit on the Metcalf-Monts Vista 230 kV line in order to meet the electrical load demands resulting from growth and development in the De Anza service area. In addition to the work that will be performed along PG&E's existing electric transmission easements, PG&E is requesting access to two areas of Sierra Azul and one area of Fremont Older Open Space Preserves that will be utilized as "pull and tension" sites during their electric transmission conductoring project. The temporary areas, or work sites, will be approximately 300 feet in length and 300 feet in width. They are all located adjacent to PG&E's right-of-way easements (see Exhibit A). One of these sites was previously disturbed when PG&E conducted the last circuit installation project in the early 1970s. The site was not restored properly and the impact of the work is still visible. These pull and tension sites will serve as primary staging and temporary equipment storage areas for the conductoring phase of this project. The equipment that will be transported on site via truck and/or helicopter includes take-up trailers, reel winders, and cranes. In order to minimize disturbance to the preserves, access by land to the project sites will be by existing patrol roads, primarily Woods Road in Sierra Azul, and Coyote Ridge and Hayfield Trails in Fremont Older. These trails will be closed to the public at specific intervals during the project in order to prevent harm or injury. According to a Habitat Conservation Plan completed by PG&E, the California Public 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-98-124 Page 2 Utilities Commission (CPUC) has exclusive jurisdiction over the construction and operations of electric transmission facilities. The Plan states that "General Order 131- D, Section III A exempts this project from a Certificate for Public Convenience and Necessity as well as the California Environmental Quality Act as long as no significant environmental impacts are generated. PG&E does not anticipate any significant impacts." Therefore, no CEQA findings have been included in this report. PG&E is proposing to compensate the District in the amount of$1,000 to utilize these areas as temporary work sites during the project, which will last approximately nine months. It is also PG&E's proposal that in the event they need to use any of these working sites after the nine month period, they will compensate the District $125 for each additional month or part thereof that they or their contractor continue to use the area. The conductoring project was initially scheduled to begin in mid-September 1998 and is expected to be completed before July 1999. Based on recent conversation with PG&E officials, District staff believes that PG&E will complete the majority of the cable-tensioning work and vacate the work sites by the end of the calendar year. In addition to monetary compensation, upon completion of the project PG&E shall be required to restore the three work site areas as well as any roads and trails that are accessed during this project. The mitigation measures include, but are not limited to, re-grading Woods Road in Sierra Azul, the upgrade and/or installation of culverts to prevent washouts, the restoration of erosion-prone bare ground areas by netting or re- seeding, and the replacement of any destroyed or damaged mature trees at a ratio of 3 to 1. The entire list of conditions is included in the attached Permit to Enter. District staff was first contacted by PG&E regarding this project in late August of 1998. Staff did not receive significant information concerning the project until late September. PG&E officials have Liken the position that that a permit to enter would not be required for their project because their utility easements provide them with the right to enter District property and complete the project. District staff and Santa Clara County Parks and Recreation staff hold the position that the project exceeds the rights conveyed by PG&E's easement. As of October 13, PG&E had already entered District property to conduct their project. District staff has asked PG&E to provide documentation which shows that PG&E has the right to conduct this type of work on District lands without the issuance of a permit to enter or license agreement. PG&E officials have been cooperative in discussing mitigation measures resulting from the impacts of their project. District staff anticipates that PG&E will agree to the Permit to Enter as an "after the fact" agreement regarding precautions and mitigations associated with this conductoring project. Prepared by: Douglas Vu, Planning Technician Contact Person: Randy Anderson, Senior Planner PER NM TO ENTER This Permit to Enter is by and between the Midpeninsula Regional Open Space District, a public District (hereinafter "MROSD"), and Pacific Gas and Electric Company (hereinafter "PG&E"). The parties hereby agree as follows: 1.0 Property MROSD grants PG&E, its agents and equipment, permission to enter certain lands of the Midpeninsula Regional Open Space District (hereinafter the "Property-) located on Accessor's Parcel Numbers 562-07-037, 558-44-008, and 503-11-002 in Santa Clara County (See Exhibit A) for the sole purpose of temporary worksites, related to PG&E's Metcalf-Monta Vista 230 kV 4th Circuit Conductoring Project. MROSD also grants PG&E, its agents and equipment, permission to enter other lands of the Midpeninsula Regional Open Space District's El Sereno and St. Joseph's Hill Open Space Preserves as access for the sole purpose of work related to PG&E's Metcalf-Monts Vista 230 kV Ah Circuit Conductoring Project. 2.0 Purpose This Permit to Enter is for the sole purpose of installing a 4th circuit on the existing Metcalf-Monte Vista 230 kV transmission line which runs from the Metcalf Substation in Morgan Hill to the Monte Vista Substation in Cupertino. More specifically, the project entails the transport of equipment and materials on roads across MROSD property, and use of designated areas on Accessor's Parcel Numbers 562-07-037, 558- 44-008, and 503-11-002 (See Exhibit A) as temporary worksites, where work will be conducted and equipment will be stored. 3.0 General Conditions The work shall be subject to the following conditions: a. MROSD, by written notice, may revoke or terminate this Permit to Enter for convenience of MROSD, at any time, irrespective of expenses incurred or Libor expended by PG&E. Any such written notice of revocation, mailed, hand delivered, or posted shall be notice hereunder by MROSD. b. In the event of revocation, PG&E shall not be entitled to obtain from MROSD any reimbursement for expenses of PG&E for any purpose. C. In the event of revocation or expiration of this permit, PG&E shall immediately evacuate the Property and remove all equipment and materials therefrom, and shall leave the Property in a condition equal to or better than its present condition. d. MROSD does not warrant or represent that the premises are safe, healthful, or suitable for the purpose for which they are permitted to be used under the terms of this Permit to Enter, and PG&E agrees to conduct its own investigations and make its independent determination of such matters. e. PG&E shall, at its sole cost and expense, comply with all laws, statutes, regulations, and administrative orders, obtain all permits which may be required by public agencies having jurisdiction over the project, and comply with all conditions and requirements set forth in the permits issued by such public agencies. This includes but is not limited to obtaining any permits required by the Santa Clara Valley Water District, United States Fish and Wildlife Service, State Department of Fish and Game and the United States Army Corps of Engineers. A copy of all permits and approved plans must be in PG&E's possession on-site and presented upon request of MROSD staff. L PG&E shall notify MROSD at least 48 hours prior to commencement of any work and/or entry onto MROSD Property. PG&E shall also provide a schedule of work to the Superintendent Park Ranger prior to commencement of work. Failure to notify is cause for revocation. 4.0 Specific Conditions The work shall be subject to the following conditions: a. PG&E shall limit its activities on the Property to the operational areas depicted on Exhibit A and may not conduct activities outside this area without the prior written approval of the District. The periphery of the work areas shall be delineated with orange snow fencing. b. PG&E shall use photographs to document habitat conditions immediately prior to the start of work, to document post-project conditions and shall provide photographs to MROSD Staff for review. C. Any grading, blading or disturbance shall be minimal except where necessary to correct eroded areas along the existing dirt trails or access roads. PG&E shall install anti-erosion measures, including but not limited to the installation of water bars and/or hay bales. d. Upon completion of project, PG&E shall re-grade all access roads used or impacted during the project to the satisfaction of MROSD to ensure a smooth, compact surface with positive drainage. All proposed grading shall be warranted for slope stability and erosion control by PG&E for a minimum of five years. e. PG&E shall install two 18-in. culverts, one at the spring south of the Woods Road worksite (APN: 562-07-037), and the other adjacent the second worksite near tower structure 12/63 (APN: 558-44-008). PG&E shall also upgrade the existing culvert to an 18-in. culvert which has been staked at the upper part of Limekiln Trail. PG&E shall also clean out all culvert basins along access roads for the project in order to avoid washouts. L PG&E shall install headwalls or energy dissipators at selected culvert sites along access routes that are prone to erosion, to the satisfaction of MROSD. 9- PG&E shall improve the "telephone pole" retaining wall which has been staked at the Guadalupe Creek crossing on Woods Road in order to minimize erosion potential. h. PG&E shall restore all bare ground areas impacted by the project. These areas shall be scarified to mitigate compaction and re-graded to provide a suitable seedbed. These areas will be seeded at rates and with a mixture approved in advance by MROSD. The type of seeding (broadcast, hydroseed, etc.) as well as the need to apply netting or erosion control matting shall be determined by MROSD. In general, all slopes 2:1 or greater shall receive seed and matting, unless specified otherwise by MROSD. Maintenance of these areas shall be provided by PG&E until a re-vegetation has been established. Areas greater than five square feet where vegetation fails to re-establish shall be re-seeded. Maintenance may include irrigation, fertilization and sod amendments as needed. i. In order to avoid peak recreational use periods, hours of work shall be limited to 8 a.m. to 5 p.m. Monday through Friday, except holidays, unless otherwise approved in writing by MROSD in advance. j Public information boards shall be posted at the traMead, which serves as PG&E's primary access and on the bail on either side of the site. Boards shall be 3 ft. x 3 ft., include a brief description of the project, emphasize public safety and natural resource mitigation measures, and offer a telephone number which the public may call for project information. k. Vehicles and equipment shall be parked on pavement, existing dirt roads, in previously disturbed areas, or in designated areas at towers. 1. AR PG&E and contract personnel shall be prohibited from littering, dumping trash, camping overnight, and having pets on-site. M. MROSD property shall remain open to the public and it shall be the responsibility of PG&E to protect preserve users from injury resulting from PG&E's activities. If necessary, PG&E shall establish a restricted area at the work site to ensure the protection of preserve users and wildlife, before, during, and after the activities until assured that the area is once again safe for re-entry. n. Fire suppression shall be performed by chipping all dead, herbaceous vegetation at project sites and along all access routes. This includes, but is not limited to areas where vehicles will be parked, equipment and materials stored and where crews may work. 0. No campfires or trash burning will be allowed anywhere on MROSD property- P. Except for authorized security personnel, firearms shall be prohibited on-site. PG&E's use of explosives is also strictly prohibited. q. Smoking shall be restricted to vehicle interiors. All cigarette butts shall be disposed of in vehicle ashtrays. r. All passenger vehicles shall be equipped with a minimum five-gallon water container and at least a two-pound fire extinguisher. Hand tools and shovels shall also be stocked on all vehicles. S. Fire resistant mats or windscreens shall be placed on the ground below welding and splicing equipment/operations, wherever dry vegetation in present. t. All welding and splicing rigs/trailers shall be equipped with a minimum 20-pound fire extinguisher and a minimum of five gallons of water in a fire fighting apparatus. U. Spark arrestors shall be used in conjunction with any electrical equipment or device on-site. V. in the event of a fire, the construction foreman shall have an operating cellular phone on-site to call for emergency help. W. PG&E shall comply promptly with any regulations, conditions, or instructions affecting the activity authorized if and when issued by the federal and/or a state, interstate, or local government water pollution control agency having jurisdiction to abate or prevent water pollution. PG&E shall not discharge any substances which will contaminate reservoirs, lakes, ponds, creeks, streams or other bodies of water or riparian corridors or otherwise become a public nuisance. Such regulations, conditions, or instructions in effect or prescribed by the federal, state or local government contained herein are made a condition of this Permit to Enter. X. PG&E is strictly prohibited from removing or severely pruning any tree or other vegetation over 12" in diameter without the prior written consent from MROSD. PG&E will use caution around all existing trees. PG&E will correct any inadvertent damage to trees by planting three replacement locally-grown native trees for every tree damaged and/or removed. Replacement plant sizes shall be at a ratio of one gallon container size per caliper inch of tree stem diameter. Five inch caliper or larger trees will be replaced by a five gallon container plant, and so on. All pruning of trees will comply with approved standards as set by the ISA (International Society of Arborists) and be performed by a certified arborist or tree worker. Tree stems and roots will be protected by placing fencing around the trees at the dripline, but in no case less than ten feet from the truck. Parking, excavating, filling, or other disturbance is prohibited within this limit, unless expressly allowed by MROSD upon written request from PG&E. Y- PG&E shall notify MROSD upon completion of all work and arrange for a site inspection with MROSD staff before vacating the site. 5.0 Term This permit is valid from the date of execution until June 30, 1999. 6.0 Notice Any notice or notices required or permitted to be given pursuant to this license may be personally served on the other party by the party giving such notice, or may be served by U.S. mail to the following address: DISTRICT: L. Craig Britton, General Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 (650) 691-1200 (650) 691-0485 (FAX) PG&E: John Bura, Acquisition Agent Pacific Gas and Electric Company Mail Code N10A P.O. Box T70000 San Francisco, Ca 94177 (415) 972-5896 (415) 973-9250 (FAX) 7.0 Indemnification and Release of Liability PG&E agrees that the use of equipment and tools on the property of MROSD shall be effected with all reasonable diligence and precautions to avoid damage to the land, property, or personnel of MROSD or to the public PG&E agrees to indemnify, hold harmless, defend, and protect the District, its officers, directors, agents, and employees from any and all claims, losses, damages, demands, liabilities, suits, costs, expenses (including all reasonable attorney's fees), penalties,judgements, or obligations whatsoever in connection with any injury, death, or damage to any person or property or pecuniary or monetary loss that results from, arises out of, or in any way relates to the activities of PG&E, both on and off the project. PG&E hereby waives all claims and recourse against the District, including the right of contribution for loss or damage to the property, and releases the District from liability (except for such claims caused by the sole negligence of the District) and provided such claims are related to PG&E's activities under this Permit or PG&E's use of the project site, premises, or facilities under this Permit. PG&E and its contractors and subcontractors shall have sole responsibility for the safeguarding of their equipment, property, and personnel (i.e., employees, agents, officers) from any and all injury, death, or damage. PG&E shall be responsible for any and all personal injury and property damage on the Property caused by its acts or omissions as a result of the construction work, and shall indemnify the District against any and all claims, liabilities, or losses, including attorneys fees, on account thereof. 8.0 Insurance Throughout the term of this agreement, PG&E, at its sole cost and expense, shall maintain in full force and effect comprehensive automobile and general liability insurance covering bodily and personal injury and property damage. Limits shall be not less than $1,000,000 per occurrence. This permit is not valid without PG&E's insurance in effect as shown on the attached Certificate of Insurance, which is made a part of this permit. The policy shall name the District as an additional insured. PG&E may satisfy this condition by providing written documentation to the District of PG&E's self-insurance program which provides the types and amount of liability coverage equivalent to those required by the first paragraph of this section. Throughout the term of this agreement, PG&E, at its sole cost and expense, shall maintain in full force and effect a policy of Worker's Compensation Insurance covering all its employees as required by law. 9.0 Cancellation This Permit to Enter shall be cancelable by MROSD upon 14 days written notice to PG&E. The above permit to enter has been read and understood and is hereby agreed to and accepted. IN WITNESS WHEREOF, the parties have executed this right-of-entry as follows: Pacific Gas and Electric Company: Nfidpeninsula Regional Open Space District: Date: Date: John Bura PG&E Land Projects L. Craig Britton, General Manager Recommended for Approval Attest: R/W Consultant Deirdre Dolan, District Clerk APPROVED AS TO FORM AND LEGALUY: Susan Schectman District Counsel 0 W a� L OFFICE OF COUNTY ASSESS -••SANTA CLAM COUNTY! CALIFORNIA r SK EooK DACE Ch _ O Purb/o T/OCl At 9• 5 5 IN r / I rn 1pj ,���,s� WORK Sr•rr 1 too c FAQ' 3 7 PG t pQ \at V P q 00oe P 5 0,0 e `•Rb — t I F A°� \ ; ,I 9i,R.1E- ' *c r� F/ C O ♦ \ 1/ i to 0 a� a� U) OFFICE OF COUNTY ASSESSOR••••SANTA CLARA COUNTY, CALIFORNIA MOOR PACE Igo 558 44 00 rn .� T.9 S. R.I W. r . .r.L-17Ifl6 Oei Y• — 2 7 I (� 3 2 @ REF r- EMPORAICY UUORK 91TE LOT 4 LOT 3 LOT 2 LOT 1 1 •500, i MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MID PENINSULA REGIONAL OPEN7 I 8 i SPACE DISTRICT (4262AC.) f (4415AC.) 45 —_ _-- -- -- --- -- 5 -- 233.58 AC TOTAL � h BK I 562 (38.75 AC.) i •nro• ,_� iw sooty trwiwa wo. I r 4 41.25 AC. (43,23 AC.) (64A3 AC) I 6483 AC I • .F..ns ifo 45 49 •'•..�., 48 32 h • 990 I I r- 0 r- a� a� U) OFFICE Of COUNTY ASSESSOR SANTA CLARA COUNTY,CALIFORNIA M TOWNSHIP7 SOUTH RANGE 2 WEST 00 �� (;iTv (>r SnRATDGA •Q OJO C:T•1 4t RILO ILK M F w 34.00 AC.TOTAL 24,95 AC NET I.00 6R 0) 31.05 AC. 20 U MIDPENINSULA REGIONAL OPEN SPACE DISi ).]OK W. fd U 11 i i(D �,o�P 8 M B K. - cQ o� r (0 I Q 366 5J DLO Tat-fit 44, O�LO 2. 5 AC.6'T 10 :p� OS! leel feSn I 1 So AC 54 U !�\ (S1.Oj 61 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT impel G i- 3oa /Q A Dt.%om Iq COMMLED W col* 4NryC'F VNIHSEC.w v v ne.es(w) OF REVEMIE 6 TA%AT*Q CODE ' rVt TWEGATEMAACHI.IWO (� ♦Y .�.r AIEAEO E.CAMSON.A55f5$Dq --------_------___ ___ ________________________ r•it/3LfD 351 I I SIERRA AZUL OPEN SPACE PRESERVE AAA Midpeninsula Regional Open Space District �z600� � den ( \/�2000 22o0 </ / 2800_ all .- PROJECTS 3.0 .*. LOCATION 1000 8`T EI Sombroso Yl 2400 �r1200 PROJECT 1400 LOCATION 1600 C .. 2WO s > ( ,` t y` 1+�f,- � Mt.Th y 1 r-�/ ✓2400 i s 0 3 483' 600 28.00 - � Mt.Umunhum ,9 3;486' r 0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 C��$E , One Mile -- ARE ` - EXHIBIT A: PROJECT LOCATION MAP I I FREMONT O&JER OPEN SPA&. PRESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 400 %`� 4170..""� �0 N-- 600 / _� a I. OR NOTE: : I , o / Bicycle riders must wear i 6o0 f approved helmets in both E r / 600 Fremont Older OSP and - m p / Stevens Creek County Park. w� a c Q 2 1 0 (Foos) Boo A C U Y �• `® 600 y-.(F004) Q� ® ' •• .. t •�•�• 800 (Foos, \ 800 Hunter's d 0 (F003) Point Ranch F°a > - c ® �` 60 CaL to Hayfield V m Trail Boo Cz � Cora Older C � \ Trail O Fern j .(FoO) t O Trail; a� Stevens Creek m County Park / Maisie's �—� �� Prospect (Santa Clara County) Peak Road o •��..... PROJECT Bay View Trail soo 600 Coyote OCATION Ridge 1 -� Toyon a) Trail �� Trail Q 800 Q •\ t Pasch \ 1• i y�4. C 1200 County Parks •• •/••• "� �pQat . Meinlenance \. • ( / , Nob, , Vista Loop Hill 1000 Trail loon Can Stevens on © BQa (Foo,) y Mt. Eden ®� — Contact Stevens Creek Road Road County Park for more county park Information. ' Garrod f Farms 4,2'98 EXHIBIT A: PROJECT LOCATION MAP I 0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 One Mile r PERNIIT TO ENTER This Permit to Enter is by and between the Midpeninsula Regional Open Space District, a public District (hereinafter "MROSD"), and Pacific Gas and Electric Company (hereinafter "PG&E"). The parties hereby agree as follows: 1.0 Property MROSD grants PG&E, its agents and equipment, permission to enter certain lands of the Midpeninsula Regional Open Space District (hereinafter the "Property") located on Accessor's Parcel Numbers 562-07-037, 558-44-008, and 503-11-002 in Santa Clara County (See Exhibit A) for the sole purpose of temporary worksites related to PG&E's Metcalf-Monts Vista 230 kV 4th Circuit Conductoring Project. MROSD also grants PG&E, its agents and equipment, permission to enter other lands of the Midpeninsula Regional Open Space District's El Sereno and St. Joseph's Hill Open Space Preserves as access for the sole purpose of work related to PG&E's Metcalf-Monts Vista 230 kV 4th Circuit Conductoring Project. 2.0 Purpose This Permit to Enter is for the sole purpose of installing a 4th circuit on the existing Metcalf-Monte Vista 230 kV transmission line which runs from the Metcalf Substation in Morgan Hill to the Monte Vista Substation in Cupertino. More specifically, the project entails the transport of equipment and materials on roads across MROSD property, and use of designated areas on Accessor's Parcel Numbers 562-07-037, 558- 44-008, and 503-11-002 (See Exhibit A) as temporary worksites where work will be conducted and equipment will be stored. 3.0 General Conditions The work shall be subject to the following conditions: a. MROSD, by written notice, may revoke or terminate this Permit to Enter for convenience of MROSD, at any time, irrespective of expenses incurred or labor expended by PG&E. Any such written notice of revocation, mailed, hand delivered, or posted shall be notice hereunder by MROSD. b. In the event of revocation, PG&E shall not be entitled to obtain from MROSD any reimbursement for expenses of PG&E for any purpose. C. In the event of revocation or expiration of this permit, PG&E shall I immediately evacuate the Property and remove all equipment and materials therefrom, and shall leave the Property in a condition equal to or better than its present condition. d. MROSD does not warrant or represent that the premises are safe, healthful, or suitable for the purpose for which they are permitted to be used under the terms of this Permit to Enter, and PG&E agrees to conduct its own investigations and make its independent determination of such matters. e. PG&E shall, at its sole cost and expense, comply with all laws, statutes, regulations, and administrative orders, obtain all permits which may be required by public agencies having jurisdiction over the project, and comply with all conditions and requirements set forth in the permits issued by such public agencies. This includes but is not limited to obtaining any permits required by the Santa Clara Valley Water District, United States Fish and Wildlife Service, State Department of Fish and Game and the United States Army Corps of Engineers. A copy of all permits and approved plans must be in PG&E's possession on-site and presented upon request of MROSD staff. f. PG&E shall notify MROSD at least 48 hours prior to commencement of any work and/or entry onto MROSD Property. PG&E shall also provide a schedule of work to the Superintendent Park Ranger prior to commencement of work. Failure to notify is cause for revocation. 4.4 Specific Conditions The work shall be subject to the following conditions: a. PG&E shall limit its activities on the Property to the operational areas depicted on Exhibit A and may not conduct activities outside this area without the prior written approval of the District. The periphery of the work areas shall be delineated with orange snow fencing. b. PG&E shall use photographs to document habitat conditions immediately prior to the start of work, to document post-project conditions and shall provide photographs to MROSD Staff for review. C. Any grading, blading or disturbance shall be minimal except where necessary to correct eroded areas along the existing dirt trails or access roads. PG&E shall install anti-erosion measures, including but not limited to the installation of water bars and/or hay bales. d. Upon completion of project, PG&E shall re-grade all access roads used or impacted during the project to the satisfaction of MROSD to ensure a smooth compact surface with Positive drainage. All Pn grading shall be warranted for slope stability r and erosion control by PG& for a minimum of five years. e. PG&E shall install two 18-in. culverts, one at the spring south of the P g Woods Road worksite (APN: 562-07-037), and the other adjacent the second worksite near tower structure 12163 (APN: 558-44-008). PG&E shall also upgrade the existing culvert to an 18-in. culvert which has been staked at the upper part of Limekiln Trail. PG&E shall also clean out all culvert basins along access roads for the project in order to avoid washouts. f. PG&E shall install headwalls or energy dissipators at selected culvert sites along access routes that are prone to erosion, to the satisfaction of MROSD. g. PG&E shall improve the "telephone pole" retaining wall which has been staked at the Guadalupe Creek crossing on Woods Road in order to minimize erosion potential. h. PG&E shall restore all bare ground areas impacted by the project. These areas shall be scarified to mitigate compaction and re-graded to provide a suitable seedbed. These areas will be seeded at rates and with a mixture approved in advance by MROSD. The type of seeding (broadcast, hydroseed, etc.) as well as the need to apply netting or erosion control matting shall be determined by MROSD. In general, all slopes 2:1 or greater shall receive seed and matting, unless specified otherwise by MROSD. Maintenance of these areas shall be provided by PG&E until a re-vegetation has been established. Areas greater than five square feet where vegetation fails to re-establish shall be re-seeded. Maintenance may include irrigation, fertilization and soil amendments as needed. holidays,i. in order to avoid peak recreational use periods, hours of work shaff limited to 8 a.m. to 5 p.m. Monday through Friday, except unless oth .. oved in writing by NROSD in advance. j. Public information boards shall be posted at the trailhead, which serves as PG&E's primary access and on the trail on either side of the site. Boards shall be 3 ft. x 3 ft., include a brief description of the project, emphasize public safety and natural resource mitigation measures, and offer a telephone number which the public may call for project information. k. Vehicles and equipment shall be parked on pavement, existing dirt roads, in previously disturbed areas, or in designated areas at towers. I 1. All PG&E and contract personnel shall be prohibited from littering, dumping trash, camping overnight, and having pets on-site. in. MROSD property shall remain open to the public and it shall be the responsibility of PG&E to protect preserve users from injury resulting from PG&E's activities. If necessary, PG&E shall establish a restricted area at the work site to ensure the protection of preserve users and wildlife, before, during, and after the activities until assured that the area is once again safe for re-entry. n. Fire suppressionPe Y chipping shall be performed b chi in all dead herbaceous vegetation at project sites and along all access routes. This includes, but is not limited to areas where vehicles will be parked, equipment and materials stored and where crews may work. o. No campfires or trash burning will be allowed anywhere on MROSD property. P. Except for authorized security personnel, firearms shall be prohibited on-site. PG&E's use of explosives is also strictly prohibited. q. Smoking shall be restricted to vehicle interiors. All cigarette butts shall be disposed of in vehicle ashtrays. r. All passenger vehicles shall be equipped with a minimum five-gallon water container and at least a two-pound fire extinguisher. Hand tools and shovels shall also be stocked on all vehicles. S. Fire resistant mats or windscreens shall be placed on the ground below welding and splicing equipment/operations, wherever dry vegetation in present. t. All welding and splicing rigs/trailers shall be equipped with a minimum 20-pound fire extinguisher and a minimum of five gallons of water in a fire fighting apparatus. U. Spark arrestors shall be used in conjunction with any electrical equipment or device on-site. V. In the event of a fire the construction foreman shall have an operating ix t cellular phone on-site to call for emergency help. W. PG&E shall comply with an regulations, conditions or YProm promptly Y Y g instructions affecting the activity authorized if and when issued by the federal and/or a state, interstate, or local government water pollution control agency having jurisdiction to abate or prevent water pollution. i I PG&E shall not discharge any substances which will contaminate reservoirs, lakes, ponds, creeks, streams or other bodies of water or riparian corridors or otherwise become a public nuisance. Such regulations, conditions, or instructions in effect or prescribed by the federal, state or local government contained herein are made a condition of this Permit to Enter. X. PG&E is strictly prohibited from removing or severely pruning any tree or other vegetation over 12" in diameter without the prior written consent from MROSD. PG&E will use caution around all existing trees. PG&E will correct an inadvertent damage to trees b planting three Y � YP 8 replacement locally-grown native trees for every tree damaged and/or removed. Replacement plant sizes shall be at a ratio of one gallon container size per caliper inch of tree stem diameter. Five inch caliper or larger trees will be replaced by a five gallon container plant, and so on. All pruning of trees will comply with approved standards as set by the ISA (International Society of Arborists) and be performed by a certified arborist or tree worker. Tree stems and roots will be protected by placing fencing around the trees at the dripline, but in no case less than ten feet from the truck. Parking, excavating, filling, or other disturbance is prohibited within this limit, unless expressly allowed by MROSD upon written request from PG&E. Y. PG&E shall notify MROSD upon completion of all work and arrange for a site inspection with MROSD staff before vacating the site. 5.0 Term This permit is valid from the date of execution until June 30, 1999. 6.0 Notice Any notice or notices required or permitted to be given pursuant to this license may be personally served on the other party by the party giving such notice, or may be served by U.S. mail to the following address: DISTRICT: L. Craig Britton, General Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 (650) 691-1200 (650) 691-0485 (FAX) PG&E: John Bura, Pacific Gas and Electric Company Mail Code N10A P.O. Box 770000 San Francisco, Ca 94177 (415) 972-5896 (415) 973-9250 (FAX) 7.0 Indemnification and Release of Liability PG&E agrees that the use of equipment and tools on the property of MROSD shall be effected with all reasonable diligence and precautions to avoid damage to the land, property, or personnel of MROSD or to the public. PG&E agrees to indemnify, hold harmless, defend, and protect the District, its officers, directors, agents, and employees from any and all claims, losses, damages, demands, liabilities, suits, costs, expenses (including all reasonable attorney's fees), penalties, judgements, or obligations whatsoever in connection with any injury, death, or damage to any person or property or pecuniary or monetary loss.that results from, arises out of, or in any way relates to the activities of PG&E, both on and off the project. PG&E hereby waives all claims and recourse against the District, including the right of contribution for loss or damage to the property, and releases the District from liability (except for such claims caused by the sole negligence of the District) and provided such claims are related to PG&E's activities under this Permit or PG&E's use of the project site, premises, or facilities under this Permit. PG&E and its contractors and subcontractors shall have sole responsibility for the safeguarding of their equipment, property, and personnel (i.e., employees, agents, officers) from any and all injury, death, or damage. PG&E shall be responsible for any and all personal injury and property damage on the Property caused by its acts or omissions as a result of the construction work, and shall indemnify the District against any and all claims, liabilities, or losses, including attorneys fees, on account thereof. 8.0 Insurance Throughout the term of this agreement, PG&E, at its sole cost and expense, shall maintain in full force and effect comprehensive automobile and general liability insurance covering bodily and personal injury and property damage. Limits shall be not less than $1,000,000 per occurrence. This permit is not valid without PG&E's insurance in effect as shown on the attached Certificate of Insurance, which is made a part of this permit. The policy shall name the District as an additional insured. PG&E may satisfy this condition by providing written documentation to the District of PG&E's self-insurance program which provides the types and amount of liability I coverage equivalent to those required by the first paragraph of this section. Throughout the term of this agreement, PG&E, at its sole cost and expense, shall maintain in full force and effect a policy of Worker's Compensation Insurance covering all its employees as required by law. 9.0 Cancellation This Permit to Enter shall be cancelable by MROSD upon 14 days written notice to PG&E. The above permit to enter has been read and understood and is hereby agreed to and accepted. IN WITNESS WHEREOF, the parties have executed this right-of-entry as follows: Pacific Gas and Electric Company: Midpeninsula Regional Open Space District: Date: Date: l PG&E Land Projects L. 0 rra+ig Britton, General Manager Attest, Recommended for Appiow R7w Consultant Deirdre Dolan, District e APPROVED AS TO FORM AND LEGALITY: i Susan Schectman District Counsel I I I I � Regional Open !. ice 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-98-126 Meeting 98-25 October 28, 1998 AGENDA ITEM 4 AGENDA ITEM Temporary Partial Reimbursement of Rental Payments to Continue Employee Residence in the Sierra Azul Open Space Preserve Area GENERAL MANAGER'S RECOMMENDATI Authorize the General Manager to reimburse Ranger Tom Randall for one-half of his monthly rent while living in non-District housing, in the amount of$1,000 per month for a period not to exceed twelve months, while a new employee residence is established in the Mt. Umunhum area. BACKGROUND Staff worked with an industrial hygienist to complete an analysis of the current employee residence on Mt. Umunhum. The results of this analysis show that the residence may be unsuitable for continued residential use due to the presence of lead based paint and asbestos. The costs of remediation are estimated to be around $9,000. Although this would encapsulate the source of the hazardous materials in the residence, the surrounding buildings would still contain contaminants at levels which may not be acceptable for young children or women who are, or may become, pregnant. The problem may be exacerbated by the high winds typically experienced in the area. DISCUSSION Staff had hoped to install a new manufactured home near Hicks Road, on the Sierra Azul Open Space Preserve, by fall of 1998. However, work load issues and the selection of a site have delayed this process. It is in the best interest of the District and the public to retain an employee resident in the area to provide for after-hours response to emergencies and other site- related problems. The after hours response time to this area from all other employee residences exceeds thirty minutes. 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 i R-98-126 Page 2 The financial support recommended for the employee is $1,000 per month, for a period not to exceed 12 months. This is one-half of the monthly rent to be paid by the employee. This would allow Ranger Tom Randall and his family to remain in housing close to areas which have typically shown a moderate level of after-hours activity. Management staff would approve the location of the residence to ensure that it will provide appropriate access to patrol areas. The financial support would be short term under an agreement between the District and Ranger Tom Randall, until the replacement residence is established on District land, which is expected to take approximately one year. If it should become necessary to extend this period, staff would return to the Board for additional consideration. In return for this reimbursement Ranger Torn Randall would continue to fulfill all of the requirements of a resident employee and would be available to respond to after-hours incidents. The recommendation in this report is consistent with the District's current employee residence policy of having the employee pay half the fair market value for a residence in exchange for resident employee duties. Funding for this reimbursement was not included in the 1998-1999 Operations Program budget. However, staff anticipates a significant surplus in the salaries and benefits portion of the budget because of the delay in filling the vacant Ranger position. Prepared by: Gordon Baillie, Operations Analyst Contact Person: John Escobar, Operations Manager Regional Open !. ice t MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-98-131 Meeting 98-25 October 28, 1998 AGENDA ITEM 5 AGENDA ITEM Cancellation of November 11 and November 25 Regular Meetings and Scheduling of November 12 and November 18 Special Meetings GENERAL MANAGER'S RECOMMENDATION Cancel your November 11 and November 25, 1998 Regular Meetings and Schedule November 12 and November 18, 1998 Special Meetings DISCUSSION The evening of your Regular Meeting of November 11, 1998 is a District Holiday honoring Veterans Day and your Regular Meeting of November 25, 1998 is the evening before the Thanksgiving Holiday. Therefore, I recommend that you cancel the November 11, 1998 and November 25, 1998 Regular Meetings and schedule November 12, 1998 and November 18, 1998 Special Meetings. Prepared by: Deirdre Dolan, Administrative Services Manager Contact person: L. Craig Britton, General 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,led Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton 'aims No. 98-19 � .eetng98'25 � Date: Oobober28. 1998 � Revised � KA|OPEN|NGULA REGIONAL OPEN SPACE DISTRICT � � # Amount Nome Description4983 549.44 Acme&Sons Sanitation, Inc. Sanitation Services � 4984 129.22 AOT Security Systems Alarm Services � 4985 40.55 Airgam Welding Supplies 4986 700.00 All-Cal Title Company Escrow&Title Fees � � 4987 49.92 Am/e8ign Signs/Decals 4088 16.63 AT&T Telephone Service � � 4889 681.05 Automatic Rain Company Irrigation Supplies � � 4900 343.02 Big Creek Lumber Lumber � � 4991 133.79 Bowerman Electric Diste| Building Interior Light Repairs � 4902 388.08 Bruce Barton Pump Service Water System Pressure Tank � � 4993 331.03 Cabe|o'o ATV Loading Ramps / 4984 1f:F.95� Cahill, John Vehicle Expense . 22393� . 4995 184.00 California Conservation Corps Plants for Resource Management | � 4996 420.40 California Water Service.Company Water Service | 4097 85.24 Cal-Line Equipment, Inc. Filter for Chipper . 4988 43.77 CaUmndarAonuciatwn Windy Hill Parking Design Consultant | 4909 50.50 Carolina Biological Supply Co. Nature Center Lab Supplies � 5000 168.01 Cascade Fire Equipment Co. Fire Equipment and Supplies 6001 354.49 C | Electric, Inc. Diste| Building Exterior Light Repairs � 5002 97.08 Coastal Tractor TractnrReporo/Pods � 5003 682.80 CompurunSyotemo Computer Upgrades 5004 21.11 Contemporary Engraving Name Plates | � 5005 179.50 Communication &Control, Inc. Mt. Umunhum Water Service 5006 1153.62 Coyote Creek Riparian Station Resource Management Equipment ! 5007 3E.98 Day-Timer CoUendor 5008 1587.05 Dillingham Associates B Corte de Madera Parking Consultant 5008 1000.00 Done-Right Roofing&Gutter Enterprise Rental Roof Repair ! | 5010 300.00 EnohaUah. |nn. Cnnaukaton--Tea0un Hill Project 5011 156.95 FedEx Express Mail Service 5012 306.60 Film toFrame Photo Developing � | 5013 489000.00 Financial Title Company LandPunchgme-Girdner 5014 4080.20 First American Title Ins. Co. Escrow&Title Fees � / 5015 48.97 Forestry Supplies Measuring Tape 5016 282.83 Freeman, Matt Vehicle Expense | 5Oi7 3�44S GoodcoPneaa Inc. Printing-Office� . . � � 5018 1250.00 Greenbe|tAJUanne/Groan|nfo Patrol Map Designers / � 5010 470.00 GraenVVoata Recovery, Inc. Skyline DumpstmrService | 5020 3O�3O (� &KServices Shop Toxma| Sawice � � � 5021 291.27 Hawkins Traffic Safety Supply Posts for Fencing � 5022 124.95 Hengeho|d Motor Co. Inc. Van Renba|-Thonnnwvood Spillway Project � 5023 100.00 °1 Hidden Villa Deposit for Staff Event � � 5034 335.51 Home Depot Field Supplies � � 5025 2190.98 JEDA Publications, Inc. K8op/BnzchunePhnbnQ � 5026 231.84 Jobs Available Recruitment Advertisement � 5027 10347 K]nho'm Printing Services 5028 55.00 Kwik Key Lock&Safe Company, Inc. Lock Repairs 5029 15.03 Lab Safety Supply Safety Labels 5030 74.34 Langley Hill Quarry Drain Rock for Reatnoomo Page | 'aims No. 98- Q | amUngQB'25 Date: October 28. 1QSR Revised K8|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT � # Amount Name Description � 5031 oo+.uu League ox California Cities *ovnn/namant � � 5032 177.14 City of Los Altos N. Los Altos Semi-Annual Water Charges � � 5033 202.36 Los Altos Garbage Company DumpatarSemice � 5034 385.55 Lucent Technologies Phone Maintenance Service � � 5035 491.33 McCullough, Julie Conou|taton-Raotroom &Fencing � 5036 188.39 KAC| Long Distance Phone Service � 5037 1150.00 Micro Accounting Solutions Computer Products&Consulting � � 5038 592.82 K8inton'o Lumber&Supply Field Supplies 5038 32.40 Moore Medical Corp. Medical Supplies � 6040 223.60 New Sprayer Technology Company Parts 5041 61.91 Noble Ford Tractor, Inc. Parts for Tractor ' � 5042 27500.00 North American Title Co. LendPundxaom-Sandi 5043 14500.00 North American Title Co. New Land Punchaee-Sonfi|ippo � 5044 782.84 Office Depot Office Supplies / / 5045 423 � [��H��r C���upp|i�� | 5846 1532.54 Orchard Supply Hardware Field Supplies / 5047 313.62 Pacific Bell Telephone Service 5048 63.79 PIP Printing Maps&Brochure Printing � � 5049 300.29 Pitney Bowes Credit Corporation Postage Meter Lease | � 5050 3118.03 Podo|a Park Heights Property Owners Assoc. Road Maintenance Dues � � 5051 7.95 Rails bo Trails Conservancy Resource Document � � 5052 34.13 Rayne Water Conditioning Water Service | 5053 451.50 The Recorder Recruitment Advertisement � 5054 17320 Roberts& Brune Company Cu|xert--Windy Hill Equestrian Trail � 5055 46.80 Roberts Hardware Irrigation Supplies i 5056 6506.32 Roy'a Repair Service Vehicle Repairs � 5057 130.99 Safety-K|eenCorp. Solvent Service � 5058 474.40 San Francisco Newspaper Agency Recruitment Advertisement | 5059 388,80 San Jose Mercury News Recruitment Advertisement � � 5080 81.00 Sequoia Analytical Water Testing 5081 2719.79 Shelton, |nu.. John ConotnumtionVVa||ACu|vert � 6062 687.14 Signs cf the Times Signs � � 5063 165.75 Malcolm Smith Vehicle Expense � 5064 4O72� Skyline Water� � � 5065 91% Sky�oodTredingPo�� Diesel � � 5066 11.87 Staples Office Supplies � 5067 80.00 Taylor Rentals Cement Saw Rental 5068 690.10 Teater&Etc. Maps � 6069 60.00 Tenninex Bi'month|ySen/iue 5070 3550.73 Tarratech. |no. Cmnou|dng-Lmndo|ide&Storm Damage 5071 1066.50 USAHydnooeadinQ Erosion Control Geedo-BchiUinQLake 5072 2622.81 UGRanbo|m Bobcat Excavator& Roller Rental 5073 1592.00 Department of Water Resources Rickey Dam Permit 5074 20554.00 The Warner Group Operations Review Study 5075 356.28 West Coast Rebor Company, Inc. Rabor for Trail Projects 5076 70.90 West Group Payment Center On-Line Legal Service Page � "aims No 98- 9 eetingS8-25 Date: Oobobor28. 1998 Revised KA|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT � # Amount Name Description � � 202.32 Nature Center Supplies � 215.00 Computer Disk File Recovery 124.40 Office Supplies 187.49 Local Business Meeting Expense 439.00 Land Trust Alliance Conference 4373 Film Developing 575.38 Water Filter Cartridges 726.00 Vehicle Repairs 181.47 Field Supplies 5078R 1281.65 VVeo|Tek Erosion Control K8otbng-Thommsmvood 5079R 15.87 Tires byVVhao|mmrko Tire Repair 508OR 1850.00 Mountain Man Wood Co.. Inc. Tree Remova|—La Honda Creek Bridge Project 50$1 R 2068.27 Fann||aCommuniootiono Code 3 Equipment|netaUetion—NewVehicles 6082R 7150.00 Done Right Roofing&Gutters Roof Installation--Enterprise Rental 6083R 882.21 LC. Bhtton Reimbursement—National Land Trust Conference 5084R 173.88 Petty Cash Local Business Meeting Expense, Resource Materials, Training&Seminars, Ut5ma Supp|ima,Vehicle Expene and Volunteer Supplies °1 Urgent Check Issued October 21. 1888 TOTAL $831.236.32 � | | / | | | � � � � � � � � � � | Page 3 | � 'aims No. 98'19 � ,enUngS8-25 � Date: October 38. 1B98 K8|OPEN|NSULA REGIONAL OPEN SPACE DISTRICT � � # Amount Name Description � 4083 549.44 Acme&Sons Sanitation, Inc. Sanitation Services 4984 129.32 AOT Security Systems Alarm Services 4985 40.55 /Vrgmo Welding Supplies 4986 700.00 All-Cal Title Company Escrow&Title Fees 4987 49.02 Arne Sign Signs/Decals 4988 16.63 AT&T Telephone Service 4989 681.05 Automatic Rain Company Irrigation Supplies 4980 343.82 Big Creek Lumber Lumbar � 4981 13379 Bowerman Electric Diste| Building Interior Light Repairs � 4902 388�08 Bruce Barton Pump Service Water System Pressure Tank � 4993 331.93 Cabo|o'o ATV Loading Ramps � 4994 157.95 Cahill, John Vehicle Expense � 4995 184.00 California Conservation Corps Plants for Resource Management � � 4998 429.40 California Water Service Company Water Service 4907 8G24 Cal-Line Filter � � 4998 43.77 CmUmnderA000catea Windy Hill Parking Design Consultant 4999 5O5Q Carolina Biological SupplyNature � Co.� � 5000 168.01 Cascade Fire Equipment Co. Fire Equipment and Supplies � 6001 364.49 C | Electric, Inc. Diste| Building Exterior Light Repairs � 5002 97.06 Coastal Tractor TnaotorRapairs/Pado � 5003 682.80 CompununSyatemm Computer Upgrades � 5004 31.11 Contemporary Engraving Name Plates � 5005 179.50 Communication &Cordro|. Inc. Mt. Umunhum Water Service � 5006 1153.62 Coyote Creek Riparian Station Resource Management Equipment � 5007 35.98 Day-Timer CoUendar � 5008 1587.05 Dillingham Associates B Corte de Madera Parking Consultant � � 5009 1000.00 Done-Right Roofing &Gutter Enterprise Rental Roof Repair 5010 3O00O EnnhoUah Inc. Consultation--Teague � . � � 5011 156.96 FedEx Express Mail Service � 5012 306.60 Film hoFrame Photo Developing � 5013 499000.00 Financial Title Company LandPunchmoo-(3injner � 5014 4060.20 First American Title Ins. Co. Escrow&Title Fees 5015 48.87 Forestry Supplies Measuring Tape 5018 262.83 Freeman, Matt Vehicle Expense � 5017 334.49 Goodno Press, Inc. Printing--Office Forms 5018 1250.00 Greenbe|tA||ionoe/Green|nfo Patrol Map Designers 5019 470.00 GnoenVVoste Recovery, Inc. Skyline DumpsterService 5020 30.30 G &KServices Shop Towel Service � 5021 29127 Hawkins Traffic Safety Supply Posts for Fencing 5022 124.95 Hengeho|d Motor Co. Inc. Van Renba|-Thomnevmood Spillway Project 5023 100.00 °1 Hidden Villa Deposit for Staff Event 6024 335.51 Home Depot Field Supplies 5025 2190.98 JEDA Publications, Inc. KAap/BrochuraPhntin0 5026 231�84 Jobs Available Recruitment Advertisement 5027 103.47 Kinko'a Printing Services 5028 55.00 Nwik Key Lock&Safe Company, Inc. Lock Repairs 5029 15.03 Lab Safety Supply Safety Labels 5030 74.34 Langley Hill Quarry Drain Rock for Rmotnoomn � ' Page | | / � � -- -- - - - - - - - � � 'aims No. 98'19 � aoUngSM-2S �Dot�� Outobar28 1998 | ' K8|OPEN|NSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description � League � � 5032 177 ����A� N� �A�����n����� �14 ~ � � 5033 202.38 Los Altos Garbage Company DumpoherGenvica � 6034 385S5 Lucent Phone � Maintenance � � 5035 491.33 McCullough, Julie � Fmnong -_-___� - ' � 5036 1883Q K8�| Long � � 5037 116DOO Micro Computer &�onou�ng � . ~.~.~ � � 5038 592.82 Minton's Lumbor& Supply Field Supplies 5039 32.40 Moore Medical Corp. Medical Supplies 5040 223GO New Parts� � 5041 61�01 Noble Ford Tractor, Inc. Parts for Tractor 5042 275ODOO NorthLand � Co.� � 5043 14500.00 North American Title Co. New Land Punchooe-8onfi|ippo 5044 783.84 Office Depot Office Supplies / 5045 423.34 Office Helper Office Supplies | 5046 1533.54 Orchard Supply Hardware Field Supplies � 5047 313.82 Pacific Bell Telephone Service / 5048 63.79 PIP Printing Maps&Brochure Printing | 5049 300.09 Pitney Bowes Credit Corporation Postage Meter Lease � 5050 3118.03 Podo|e Park Heights Property Owners Assoc. Road Maintenance Dues | 5051 7.85 Rails to Trails Conservancy Resource Document � 5052 34.13 Rayne Water Conditioning Water Service � 6063 451.50 The Recorder Recruitment Advertisement � 5054 173.20 Roberts&Brune Company Cu|vad--Windy Hill Equestrian Trail � 5055 46.60 Roberts Hardware Irrigation Supplies � � 5058 8508.32 Roy'a Repair Service Vehicle Repairs � 5057 130.99 Sohsty'K|eenCorp. Solvent Service � 5058 474.40 San Francisco Newspaper Agency Recruitment Advertisement � 5059 388.80 San Jose Mercury News Recruitment Advertisement � 6060 81.00 Sequoia Analytical Water Testing � 5081 271970 Shelton, |nc.. John ConotnuctionVVa||ACu|ved � 5082 687.14 Signs of the Times Signs � 5063 165.75 Malcolm Smith Vehicle Expense � 5084 4O7�22 Skyline County VVaterDistrict Water Service � � 5065 9.12 Gkywood Trading Post Diesel for Tractors � / 5086 11.87 Staples Office Supplies � 5087 80.00 Taylor Rentals Cement Saw Rental � 5068 690.10 Teater& Etc. Maps � 5069 80.00 Tenninex Bi-monthly8ervioa � 5070 355072 Tarnabach. |nn. Cnnou|Ung-Londs|ide&Storm Damage 5071 1066.50 USA Hydroseeding Erosion Control Geeda-GohiUingLake 5072 2622.81 UGRents|o Bobcat Excavator& Roller Rental 5073 1593.00 Department of Water Resources Rickey Dam Permit 5074 20554.00 The Warner Group Operations Review Study 5075 356.28 West Coast Rebmr Company, Inc. Reber for Trail Projects 5076 70.90 West Group Payment Center On-Line Legal Service | Page | � � ahnsNo 98- 0 �eMn0Q8'25 Date: Octnber28. 1998 | K8|OPEN|NSULA REGIONAL OPEN SPACE DISTRICT | Amount Name Description 202.32 Nature Center Supplies 215.00 Computer Disk File Recovery 124.40 Office Supplies 187.49 Local Business Meeting Expense 439.00 Land Trust Alliance Conference 43.73 Film Developing 575.38 Water Filter Cartridges � 726.00 Vehicle Repairs � 181.47 Field Supplies � � ° 1� Urgent Check Is . Issued 1098 � � � TOTAL $617,632.31 � � � | Page � | | � Regional Open �, ice --------------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manager DATE: October 28, 1998 SUBJECT: FYI l 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 " I 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 INTER-OFFICE MEMORANDUM October 21, 1998 TO: C. Britton, General Manger FROM: G. Baillie, Operations Analyst SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY Month September- Year 1998 VIOLATIONS TOTALS CITES CRIMES Bicycles Reckless operation vehicle 1 0 Closed area 3 3 Speed 6 0 ACCIDENTS/INCIDENTS Helmet 10 5 Bicycle 3 Night-riding 0 0 Equestrian 0 Unsafe operation 0 0 Hiking/running 0 Dogs Other first-aid 0 Prohibited area 1 1 Search/rescue 1 Off-leash 4 2 Air evacuation 0 Off-road vehicles 0 0 Vehicle 0 Closed area 0 0 After hours 3 0 ENFORCEMENT Vandalism 4 0 Citations 33 Parking 17 14 Written warnings 28 Parking after hours 15 8 Arrests 0 Dumping/littering 1 0 Police assistance 6 Campfires 0 —0 Camping 0 0 MUTUAL AID Weapons Accidents 5 Actual contact 0 0 Law Enforcement 0 Report only 1 0 Landing Zone 0 Evidence of 0 0 Fire 2 Disabled parking violation 1 1 Unlawful construction 1 0 Intimidation 1 0 Suspicious person 2 —0 Reckless activity (helicopter) 1 1 SUMMARIES OF SIGNIFICANT INCIDENTS Sept. 3: M. Bankosh was operating the tractor below Tomita Hill in Sierra Azul OSP and inadvertently started a fire on adjacent private land. A fire response was requested. M. Bankosh and D. Hahn completed initial attack by constructing handline. A CDF helicopter assisted by making water drops, which contained the fire to one acre. A CDF engine, K. Carlson, T. Lausten, and J. Kowaleski completed the mop up. J. Escobar notified Loren McQueen, the landowner. Sept. 4: The pipe gate and split-rail fence at lower Windy Hill were damaged by an unknown vehicle. A 6'x6' redwood post was broken and a steel hanging post was bent. K. Miller completed a report and crew repaired the damage. Sept. 4: W. Phillips and B. Downing were first on-scene, providing initial attack to an off-site wildland fire on Portola Park Road, 1/4 mile west of Skyline Ridge OSP (Big Dipper Ranch) property. Sept. 5 At El Corte de Madera OSP a preserve hours sign posted on the gate to the Methuselah Trail was stolen. Sept. 11: Unlawful construction was discovered by T. Randall in Sierra Azul. A bulldozer was used to create a road on the former Carter property in the Cathedral Oaks area. Evidence suggests the dozer entered and exited from adjacent private property. Sept. 15: At Skyline Ridge OSP a visitor's vehicle rear window was damaged by a rock as a result of a person driving recklessly and spraying gravel. Sept. 15: A neighbor reported a suspicious vehicle by a gate in Sierra Azul. J. Kowleski responded and found an unoccupied car, approximately five full beer cans, and a campstool. The items were destroyed and a report completed. Sept. 17: At El Corte de Madera OSP three cyclists were issued citations for riding on a closed trail by B. Malone. One of them said he had ridden the trail for years and would continue to ride on illegal trails. He said he had been issued citations in the past for "no helmet, speed, and bicycle prohibited. Sept. 22: A citizen reported a helicopter flying low and landing in RSA. P. Hearin responded and observed the helicopter completing aerial crane work on nearby private property and landing in Windmill Pasture. The pilot was contacted, told to find another landing zone, and issued a citation for 'reckless and negligent operation'. Sept. 23: Two visitors reported they heard gunshots and that a bullet went over their heads at St. Joseph's Hill OSP. K. Carlson responded and checked the area with a county park deputy. No suspects were found. Sept. 28: A suspicious man approached the Deer Hollow Farm manager and asked to borrow a pitchfork to play with. The request was denied. The visitor apologized and said he didn't want the manager mad at him. The event was reported to K Miller seven days later. Sept. 29: A female visitor was chaperoning a group of Brownie Scouts when she observed a naked man in the barn at Deer Hollow Farm. The man got dressed, exited the barn, made strange comments to the group, and walked away. The event was not reported until October 5. K. Miller completed a report and provided a copy to a Santa Clara County Park deputy. Sept. 30: K. Carlson and M. Bankosh were brushing a road at El Sereno OSP where the District has a recorded easement. A man confronted them and brandished a five-foot digging bar. He said the brushing had to stop and that the District did not have an easement. The man had blocked their exit with his vehicle. The Sheriff's Dept. was requested but advised that they were unfamiliar with the address. The man was calmed by K. Carlson, concerns over the easement addressed, and the man was told the District would contact him. The Sheriff's Deputy was canceled. I No Annette Coleman MROSD 330 Distel Circle Los Altos, CA, 94022-1404 October 16, 1998 I Dear Annette, Please accept some long overdue thanks for your support of Hidden Villa's Summer Camp. We had a terrific summer and appreciate the assistance you and your staff lent with several projects that needed to be completed before campers arrived, not the least of which was our `sanitation problem' on Ewing Hill. It seems like just last week we were working on choosing a site to place an outhouse, and yet summer has come and gone and we haven't gotten to let you know that the whole project worked out quite well, and we certainly appreciate your support! We also grateful to your staff for bringing out the wood rounds for cooking on. This is a nice addition to the site and a needed safety feature. With cooking going on just in this area all summer the grass stayed down nicely. We had nearly 900 children attend our camp this summer, and the support of the people such as yourself, and organizations such as MROSD,helped to make this possible. Sincerely, Ci lty Newb Michael L.Lewis ;(' ,�� A,Jap mini Camp Director I . I I I I I i R(�qlonal Open ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT I TO: Board of Directors FROM: C. Britton, General Manager DATE: October 23, 199$ SUBJECT: FYI 3.30 Distel Circle Los Altos, CA 94022-1404 Phone:650-691-1200 FAX: 650-691-0485 + E-mail: mroscl@openspace.org m Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,David r.Smernoff, Nonette Hanko,Betsy Crowder,Kenneth C,Nitz • General Manager l Craig Britton I Regional Open ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT October 22, 1998 Tom Gibboney Country Almanac 3525 Alameda de las Pulgas Menlo Park, CA 94025 Dear Mr. Gibboney: There has been an unfortunate rumor circulating that the M'idpeninsula Regional Open Space District is going to consider equestrians and dog owners as second class citizens on its preserves. This rumor is not true, and I would like the opportunity to clarify the issue. The rumor began as a reaction to a proposed modification to the District's Basic Policy, which is undergoing its first revision since 1980.The idea was to formalize and put into writing the trail management practices that have existed since the District was formed in 1972. The District's main purpose is to preserve lands in a natural condition and to protect the natural habitats and environmental resources. Public access to the lands is permitted in a manner which is consistent with the protection of these resources. Historically,when a new area is opened to the public, it is generally not immediately available to all trail uses. Gradually, multiple uses are permitted, as deemed consistent with sound resource and environmental management. The draft language for the District's Basic Policy proposes to formalize this practice, by differentiating between basic use and special use. The District currently operates in this manner,a practice that has resulted in approximately 80 percent of District trails being open to horses and bikes,clearly illustrating the District's openness to multi-use trails. This should assure preserve visitors that the District's intent in revising its Basic Policy is not to make any user-group "second class citizens," but rather to formalize the practice that has historically given them such a high level of access. It's my understanding from equestrians I've spoken with that they are happy with the way the District has been providing access to date. If this is typical,then they should have no fear of us formalizing this practice in our basic policy. The intent of the proposed revision is to say, "hikers have access to all our preserves that are open to the public;there must be some restrictions on horses and other uses for their and everyone's safety and comfort." The District recognizes that equestrians were among the first users of most of our trails, and are known as being responsible and courteous on the trails, and respectful of the land. The Basic Policy document and its final, precise wording, is expected to be discussed and given final consideration at a Board meeting in December. Interested members of the public can call the District office at (650)691-1200 to be placed on the mailing list to be notified of this meeting,and are urged to express their opinions either at the meeting or in writing. 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: nirosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens, %Aary C. Davey,jed Cyr,David T.Smernoff, Nonette Hanko,Bet;v Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton Regional ace en g p _ 2 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT October 19, 1998 Mr. B.J. Burns, President San Mateo County Farm Bureau 765 Main Street Half Moon Bay, CA 94019 Dear Mr. Burns: Thank you for your October 6, 1998 letter regarding the potential annexation of the coastal area into the District's jurisdiction. I appreciate your frankness in bringing the Farm Bureau's concerns to light, and I'm glad to provide an answer to the questions you asked concern District policies. The resolution you reference (Resolution no. 98-26) was adopted by the District's Board of Directors at its meeting of June 24, 1998. This resolution declares the Board's intention to establish an advisory committee to review and recommend revisions to policies related to the San Mateo County coastal area under consideration for annexation, subsequent to voter consideration of an advisory ballot measure on November 3, 1998. The Board voted unanimously in favor of this resolution. This resolution also addresses several policies that you reference. An excerpt from the resolution states that, "Whereas, the Board of Directors specifically intends to review the policy on (1) land acquisition, focusing on alternative methods of preservation such as purchase of conservation easements; (2) the policy of eminent domain, specifically stating that acquisition of agricultural or ranch lands on the coast will be from willing sellers only, and that the District would not use eminent domain to acquire anyone's home; (3) the policy of agricultural use,focusing on ways and means of preserving agricultural use on the coast, such as purchase of development rights or agricultural conservation easements; and, (4) other policies as identified in the future;" In conversations which I and other members of the Ad Hoc Committee have had individually with interested people on the coastside, we indicated a willingness to forgo the use of eminent domain on active farm or ranch lands. That willingness should not be construed as an immediate decision to change District policy, since it is only the Board,with ample public input over the course of several public meetings, not the Ad Hoc Committee,that can make such a decision. The existing eminent domain policy was formulated after numerous public meetings. I expect that a revision of the current eminent domain policy (along with the policies on land acquisition and agricultural use) would take a significant amount of time to accomplish since the Board will undoubtedly want to allow ample opportunity for public input concerning all of these policies. I feel that the resolution passed was the most direct action we could take in the available time frame. Implementation of a policy review and revision process will include instituting the,advisory committee, bringing all other stakeholders into the discussion, and scheduling several public meetings. It would have been impossible to complete those tasks prior to the deadline for placing the measure on the November ballot and the Board felt verystrongly that that it was most important to proceed with the g Y P advisory election as soon as possible. 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 I I I October 19, 1998 Mr. B.J. Burns Page -2- Relative to your second point, the District's land acquisition policies and procedures arise out of I the minimal level of agricultural use within the Districts current boundaries. It is due to the very fact that, in contrast, there is significant agricultural use on the coastside that the Board desires to review that policy and revise it to accurately reflect the need for farmland preservation on the coast. I feel the points you make are worthy of consideration for inclusion in a revised policy. It is the District's desire to maintain agricultural use on the coastside as an important part of the lifestyle, the character, and the history of the region. I would be happy to bring your proposal for a Farm Bureau- nominated representative on the advisory committee to the full Board of Directors for their discussion I and decision, at the time the committee is to be formally constituted. I This advisory measure does not include any increase in property taxes, and no revenues to the I District. The District's current property tax revenue is based on the value of a given property within the current District boundaries (the District receives 1.7 cents per$100 of assessed value of a property). After Proposition 13, which limits property tax increases,this formula could not be used on the coastside. Instead, a parcel tax would be a viable funding mechanism for the coastside or any area in the I District. Assuming annexation takes place, one likely scenario would be that within the next two years the District would consider placing a funding measure on the ballot asking the entire District(including the coastal area) for additional funding in the range of$10412 per parcel/per year, which would require I a two-thirds majority vote. I As you no doubt know,the advisory measure is already on the November 3, 1998 ballot and cannot be modified, so it is impossible to consider your suggestion that the measure include specific I language regarding the proposed policy revisions. As I mentioned,these discussions will take place following the election, assuming a positive outcome of the advisory measure,when we have adequate time to fully debate these policies with the maximum amount of public input. Thank you again for your thoughtful comments. Please feel free to contact me or the District's General Manager, Craig Britton, if you would like any further information or clarification. Sincerely, I Betsy Crowder, President BC/mcs cc: MROSD Board of Directors I I I I I I I I I SAN MATEO COUNTY FARM BUREAU 765 MAIN STREET HALF MOON BAY, CALIFORNIA 94019 PHONE (415) 720-4485 October 6, 1998 Betsy Crowder, President Board of Directors Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Dear Ms. Crowder: The San Mateo County Farm Bureau would like to thank you and the other Midpeninsula Regional Open Space District Board members for making the effort to understand the concerns of the agricultural community with regards to expansion of the District into the coastal areas of San Mateo County. Although we appreciate your efforts to date, members of the San Mateo County Farm Bureau still have some reservations and concerns regarding the proposed expansion, which will appear on the November 3, 1998 ballot as an advisory vote. Before taking a position on the November advisory vote or the expansion in general, the Farm Bureau would appreciate a written response from the District addressing the following concerns. I. Use of Eminent Domain We have reviewed the Districts policies regarding Use of Eminent Domain Contained in Ordinance 86-01 as adopted on April 23, 1986. Even though the District policy express a desire to acquire open space only from willing sellers, we are greatly concerned with the District's legal authority to use eminent domain as it deems necessary. With your July 8, 1998 correspondence sent to the Farm Bureau, a resolution of the Board pertaining to the District's intent to establish an Advisory Committee was included. It is not clear from the documentation sent if the District's Board of Directors has adopted the resolution. Regardless, the Board's commitment to review the policy on eminent domain as it applies to agricultural or ranch lands is not enough to alleviate the concerns expressed by our Board members. In previous conversations, you and other Board members indicated a willingness to forgo the use of eminent domain for agricultural properties. To memorialize your verbal 0CT 8 commitment, the local N.,dSure drafted for annexation and ti.- state's Open Space District laws need to include a prohibition against the use of eminent domain for lands zoned Planned Agricultural District (PAD) and timber Production Zone (TPZ) by the County of San Mateo. An example of a Measure that includes such a prohibition and an example of a statutory exception to the District's authority for the Right of Eminent Domain are attached for your information. A restriction on the District's power of eminent domain is in no way intended to restrict the District's purchase of agricultural property from willing sellers. 11, Land Acquisition Policies and Procedures, 1988 The District's basic policy is to provide open space for a variety of societal purposes such as the scenic beauty, habitat for endangered plants and animals, flood protection and for food production. The farmers of San Mateo County have been utilizing land for food production for generations and have incidentally provided open space for the District's identified social values. Since the San Mateo County farmers and ranchers have already preserved land in productive open space, we question the need for an Open Space District that includes agricultural properties. Yet, despite this questionable need, the Farm Bureau is not completely opposed to the existence of the District as long as the District's policies reflect the unique nature of agricultural operations. Unfortunately, the Board's current policies regarding agricultural land are minimal and vague. Other than a statement saying that agricultural land will require restricted public use, the policy consists of one sentence that says, "[w]here feasible, agricultural use will be sustained and encouraged." The existing policy fails to consider any of the potential conflicts that may arise between the District's operations and purposes, and the agricultural enterprises. For example, trails are a major land use conflict with farms and ranches. Besides instances of theft of agricultural products, the existence of a trail through an agricultural area may impede a farmer's ability to safely move equipment and to use pesticides when necessary. It may also impede the operator's future ability to change land uses once members of the public have come to take for granted the aesthetic open space that the farmer has provided for many years. Unfortunately, the general public rarely considers the economic realities farmers and ranchers face each and every day. Trails that transect farmland preclude future production activities because a trail, especially one that is a vital link in a county or regional wide chain, cannot be removed from the public domain once it is committed. Consequently, a trail system, even on land that is not in production, develops agricultural lands in a way that makes them unsuitable for future farming activities. In addition, the policies do not address the type of leasehold restrictions that may be placed on agricultural property in a leasehold situation. Lessees of farm and ranch land must be assured that lease restrictions will not impede their ability to maintain a viable, commercial farming operation. Restrictions that require limited public access either through a trail or some other means will hinder the lessee's ability to maintain a profitable enterprise. Other restrictions on the type of crop or farming practices used by the lessee can also hinder the viability of the farming operation. I Too many restrictions could easily result in the undesirability U, the property being used for agriculture for any purpose. The District's commitment to form an Ad Hoc advisory committee consisting of three members of the District's Board of Directors; one representative each from the Half Moon Bay City Council, the Pescadero Municipal Advisory Council and the Midcoast Community Council; and one individual appointed by the San Mateo County Board of Supervisors does not provide the Farm Bureau with the necessary comfort leval. Although the committee is encouraged to consult and communicate with the various stakeholders and interest groups-including Farm Bureau--, there is no real guarantee that our concerns will be addressed through the creation of new policy pertaining to agriculture. To address this concern, we suggest that the Ad Hoc advisory committee explicitly include a representative from agriculture who is nominated by the San Mateo County Farm Bureau. III. Tax Implications Lastly, we are unclear as to how the District's funding from property taxes affects individual agricultural landowners throughout the County. Since farmers and ranchers generally own larger amounts of acreage than other private landowners, additional tax burdens based on a property ownership can be unfairly to farmers and ranchers. We would appreciate a clarification on how assessments are collected for the Open Space District. In conclusion, to insure the continued viability of farming within the Open Space District's boundaries, the Farm Bureau recommends that the District's right to the use of eminent domain be precluded in agricultural zones and that the ballot initiative include specific language as to the District's policies with regard to agricultural lands and potential conflicts. Please be assured the Farm Bureau is not trying to undermine the goals and purposes of the Midpeninsula Open Space District. We as an agricultural organization are interested in preserving our County's agricultural properties, and to this end, we are willing to work with the District's Board of Director's to facilitate the above in any way necessary. We thank you in advance for your continued cooperation on this issue and look forward to working with you and the Board to resolve some of the outstanding issues we identified above. If you have any questions with regards to our concerns, please do not hesitate to call me at (650)879-0221 . Very Truly Yours B. J` urns President r- COUNTY OF SONOMA 14. That the formation of the District is exempt from the requirements of OPEN SPACE DISTRICT FORMATION the California Environmental Quality Act as a program or project which is s' MEASURE A submitted to a vote of the people [California Administrative Code §1s 78(b)(4)1. I = 15. That resolution no. 90-1419. dated July 24, 1990, is hereby rescinded. Shall the Sonoma County,Agricultural Preservation and Open Space SUPERVISORS: District be crated and established? NICHOLAS absent HARBERSON aye SMITH absent CARPENTER aye ESPOSTI aye y= AYES 3 NOES 0 ABSTAIN 0 ABSENT 2 FULL TEXT OF MEASURE A SO ORDERED. t RESOLUTION NO. 90-1532 <� Dated: August 14, 1990 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SO- NOMA, OMA TAT F CALIFORNIA, STATE O C L ORNIA.CONCLUDIN G THE PUBLIC HEARING, A SPECIAL ELECTION ON THE FORMATION OF THE SONOMA COUNTY AGRICULTURAL PRESERVATION AND OPEN SPACE DISTRICT AND THE IMPARTIAL ANALYSIS BY EXECUTIVE OFFICER ' ESTABLISHMENT O'F,AN ANNUAL APPROPRIATIONS LIMIT; ORDERING LOCAL AGENCY FORMATION COMMISSION NOTICE OF ELECTION;'ORCERING CONSOLIDATION OF THE SPECIAL ELEC- SONOMA COUNTY OPEN SPACE DISTRICT FORMATION TIO,N WITH THE GENERAL ELECTION TO BE HELD ON NOVEMBER 6, 1990, MEASURE A REFERRING THE MATTER TO THE LOCAL AGENCY FORMATION COMMIS-SION EXECUTIVE OFFICER PURSUANT TO PUBLIC RESOURCES CODE SEC- This proposition is to form the Sonoma'Oounty Agricultural Preservation and TION 5517.1, AND RESCINDING RESOLUTION N0. 90 1419, DATED JULY Open Space District, The Sonoma County Agricultural Preservation and Open 24, 1990 Space District would be a governmental entity,with the Sonoma County Board of Supervisors serving as the governing body of the district.The boundaries of the WHEaVS,ibis Board did on July 10, 1,990 adopt resolution no.90-1286 district would be the samG�,,,a's� Me boundaries of Sonoma County. noticing'Y public hearing on the question of the formation of the proposed The primary purpose for�orming the district is to implement state policy(as Sonoma County Agricultural Preservation and Open Space District;and expressed in Government Cpde Section 65562)to recognize that opens ace is WHEREAS,that public hearing has been correctly noticed and all persons "a limited resource which must be conservg�w eneverposs� s yblic present were allowed to hear and be heard;and enTity wou ave the authority to accept donations of real purchase WHEREAS,If the conclusion of the public hearing this Board did reap erTy rom uvitling sellers for thC1grpose of open space and aQncuftural adopt resolution no. 90-1419. dated July 24, 1990 which resolution incor reservation d,stnct would be prohibited from exercising the power of rectly set forth the language of the ballot measure in a manner that does not eminent domain to acauire property. meet the requirements of,Public Resources Code section 5518; If formed the district would be financed by gifts, grants, special taxes, NOW, THEREFORE, BE IT RESOLVED that this Board of Supervisors general obligation bonds, and other revenue sources permitted by law. How- hereby finds,declares, determines and orders as follows: ever, the measure in and of itself would not authorize the levy of any taxes. If 1. That the foregoing recitations are true and correct. formed, it is proposed that the district be financed through a contract with the 2. That the public hearing is concluded. Sonoma County Open Space Authority.The Open Space Authority has placed a 3. The name of the district shall be the Sonoma County Agricultural quarter-cent sales tax measure on the November ballot for the purpose of Preservation a d Open Space District. financing open space acquisition. 4. The r4son for forming the district is to further the state policy on the A favorable vote on this issue would result in the formation of the district'and preservation pf open s ace ex r set an annual appropriations limit The vote required to confirm the formation of t the district is a majority favorable vote on the question. Co n r at the istrict shall only purchase interests in real property from s/Vivian Look willing sellers,. t Assistant Executive Officer 6. That all lands within the boundaries of the district will be benefitted by Sonoma County Local Agency Formation being included within the district. Commission(LAFCO) 7 It is proposed that the district will be financed ty gifts grants,special taxes general obligation bonds and other sources of revenue authorized by law°or any cnmtiioation thereof. r r; 8 The fioundaries of the district be coterminous with the boundaries of p the County of Sonoma. 9. The,annual appropriations limit of the district shall be S20 million. 10. A special election on the following question is hereby called to be held on November 6, 1990: Shan the Sonoma County Agricultural Preservation and `.YES Open Space District be created and established? NO 11. The special election is hereby ordered consolidated with the November 6, 1990 general election:and the County Clerk is hereby authofized and directed to do all things required by law to conduct the election ' ~, 12. In accordance with Public Resources Code section 5517, the Clerk shall cause a certified copy,of this resolution to be published on'ce a week for three successive weeks prior to the date of the election in.the Press Democrat. 13. In accordance with Public.Resources Code section 5517.1,the Clerk shall deliver a copy:of this resolution, within five days of its adoption, by r " registered mail to the Executive Officer of the Sonoma County Local Agency Formation Commission for the preparation of an impartial analysis to be included;with the sample ballot. 49-5t DISTRICTS §5506.5 Collateral References: Cal Jur 3d Parks, Playgrounds,and Recreation Districts §7. Am Jur 2d Parks, Squares,and Playgrounds §2. § 5506.4. Initiation of proceedings for formation of Napa County district (a) Proceedings for the formation of a district with boundaries coter- minous with those of Napa County may be initiated by resolution of the Board of Supervisors of Napa County adopted after a hearing noticed in accordance with Section 5511, in lieu of a petition. (b) The resolution shall do all of the following: (1) Name the proposed district and state the reasons for forming it. (2) Specify that the proposed district shall be governed by a board of five directors who shall be elected in accordance with this article and that no member of the board of supervisors shall be a director. (3) State that the territory of the proposed district shall include all of the territory within Napa County, including incorporated cities. (4) Specify the boundaries of the five wards or subdistricts drawn pur- suant to Section 5515. (5) Specify that the district shall not have, and may not exercise, the power of eminent domain pursuant to Section 5542 or any other provi- sion of law. (6) Describe the methods by which the proposed district will be financed. (7) Call an election pursuant to Section 5514. (8) Include any other matters necessary to the formation of the proposed district. Added Stats 1992 cb 74§ 1 (SB 1306),effective June 3, 1992. § 5506.5. Initiation of proceedings for formation of Marin County or E Sonoma County district (a) If the exterior boundaries of a proposed district are coterminous with the exterior boundaries of the County of Marin or the County of Sonoma, proceedings for formation of that district may, in lieu of a pe- tition, be initiated by resolution of the board of supervisors of the county. (b) The resolution may specify that the board of supervisors shall act, ex officio, as the governing body for a district formed in Marin County. For a district formed in Sonoma County, the board of supervisors shall act, ex officio, as the governing body of the district. In those cases, the provisions of this article pertaining to the election of district directors shall not apply and all powers and authority of the district shall be vested in the board of supervisors of the county in its capacity as the governing body of the district. 21