HomeMy Public PortalAbout20001220 - Agendas Packet - Board of Directors (BOD) - 00-35 Regional Open 1" re-----------------------
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 00-35
SPECIAL MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
7:30 P.M.
Wednesday,December 20,2000
330 Distel Circle
Los Altos,California
AGENDA
ROLL CALL
SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT
** ORAL COMMUNICATIONS—PUBLIC
*** ADOPTION OF AGENDA
*** ADOPTION OF CONSENT CALENDAR—K. Nitz
*** WRITTEN COMMUNICATIONS
BOARD BUSINESS
7:35* 1. Final Recommendations from the Ad Hoc Trail Use Committee (Directors Little, Hanko and Cyr);
Determine that the Recommended Actions are Exempt from the California Environmental Quality
Act (CEQA); Accept the Ad Hoc Trail Use Committee's Recommendations - M Freeman
8:05* 2. Proposed Addition of Fletscher Property to Mt. Umunhum Area of Sierra Azul Open Space Preserve;
Determine that the Recommended Actions are Categorically Exempt from the California
Environmental Quality Act(CEQA); Adopt the Resolution Authorizing Approval of the Purchase
Agreement and General Release for Acquisition of the Fletscher Property; Tentatively Adopt the
Preliminary Use and Management Plan Recommendations, Including Naming the Property as an
Addition to Mt. Umunhum Area of Sierra Azu) Open Space Preserve; Indicate Intention to Withhold
the Property from Dedication as Public Open Space at this Time - M Williams
8:25* 3. Authorization to Solicit Bids for Improvements to the Administration Office Building at 330 Distel
Circle, Los Altos; Authorization for the General Manager to Modify the Agreement for Engineering
Services for the Office Improvements; Authorization to Request Proposals for Professional Services to
Assess the Energy-Efficiency of the Administration Office Building; Authorize Staff to Solicit Bids for
Improvements to the Administration Office Building; Authorize the General Manager to Modify
Existing Agreement with Panko Architects to Include Mechanical and Engineering Services not to
Exceed an Additional $7,500 and to Approve the Total Amount of$32,500 to be Paid to Panko
Architects; Authorize Staff to Solicit Proposals from Various Professional Consultants to Assess the
Heating, Ventilating and Air Conditioning(HVAC) Systems and Thermal Dynamics (Energy
Efficiency) Systems of the Main Office Building-J Cahill
8:45* 4. Proposed Restructuring of Public Affairs Department and Amendment to the Position Classification
and Compensation Plan; Approvep the Replacement of the Vacant Visitor Services Supervisor Position
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 O
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C. Nitz -General Manager:L.Craig Britton
Meeting 00-35 Page
with the Community Programs Specialist Position and Assign a Salary Range of Step Number 271 to |
296' with Corresponding Monthly Salary Range of$4,184 \u $5,366; Approve the Creation o/the i
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New Public Affairs Specialist Position and Assign aSa|aryRangeo(6tepNumber256k/ 28l with |
Corresponding Monthly Salary Range nf$],604tu $4,622; Authorize the Filling ofBoth the /
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Community Programs Specialist and the Public Affairs Specialist Positions; Approve Corresponding |
� Amendments to the Position Classification and Compensation Plan — 6Jensen /
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� 9:05~ 5. Dedication Status of District Lands; Adopt the Resolution Dedicating Interests in Certain District /
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Lands for Public Open Space Purposes— OWoods /
*** 6. Proposed Settlement of Claim for Damage to District Property at Purisima Creek Redwoods Open /
Space Preserve; Determine that the Recommended Actions are Categorically Exempt from the '
California Environmental Quality Act(CE{)A); Adopt the Resolution Authorizing the President to /
Execute the Release and Settlement Agreement with State Farm Insurance for the Claim o/Damages /
0m District Property upon Payment o/$90,OU0.O0— OSimmons /
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*** REVISED CLAIMS /
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9:15* INFORMATIONAL K0EPORTS — Brief Reports or announcements concerning pertinent activities of District |
Directors and staff /
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� 9\30* ADJOURNMENT
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° Times are estimated and items may appear earlier mlater than listed. Agenda is subject to change of order. /
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^^ TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is |
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considered by the Board of Directors. You may address the Board concerning other matters during Oral /
Communications. Each speaker will ordinarily be limited to three minutes. Alternately, you may comment /
� to the Board bvawritten communication, which the Board appreciates.
� ^^^ All items on the consent calendar may be approved without discussion by one motion. Board members, the
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General Manager, and members of the public may request that an item be removed from the Consent
Calendar during consideration of the Consent Calendar.
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Regional Open S ce
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
SPECIAL MEETING
LEGISLATIVE, FINANCE,AND PUBLIC AFFAIRS COMMITTEE
AGENDA
5:30 P.M. Mary Davey
Wednesday Nonette Hanko
December 20, 2000 Deane Little
330 Distel Circle, Los Altos
(5:30) ROLL CALL
ORAL COMMUNICATIONS Public
ADOPTION OF AGENDA
COMMITTEE BUSINESS
(5:35) 1. Review of legislative activity from 1999-2000 legislative session—C. Britton
2. Approval of proposed legislative plan for the 2000-2001 session—C. Britton
3. Other business and scheduling of next meeting
(7:25) ADJOURNMENT
330 Distel Circle Los Altos,CA 94022-1404 Phone:650-691-1200
Fax: 650-691-0485 - E-mail:mrosd@openspace.org Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C. Nitz - General Manager:L.Craig Britton
Regional Open c, ce
1
R-00-155 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 00-35
December 20, 2000
AGENDA ITEM 1
AGENDA ITEM
Final Recommendations from the Ad Hoc Trail Use Co ittee (Directors Little, Hanko, and Cyr)
MANAGER'SGENERAL E D
1. Determine that the recommended actions are exempt from the California Environmental
Quality Act(CEQA) as set out in this report.
2. Accept the Ad Hoc Trail Use Committee's recommendations as described in this report.
AD HOC COMMITTEE'S RECOMMENDATIONS
1. Direct staff to prepare an Amendment to the Comprehensive Use and Management Plan for
Russian Ridge Open Space Preserve to open a 1.4 mile segment of the Bay Area Ridge Trail to
bicycles and return the Amendment to the full Board for consideration.
2. Direct the new Use and Management Committee to assess the feasibility of either opening the
existing hiking-equestrian segment of the Bay Area Ridge Trail in Windy Hill Open Space
Preserve to bicycles or, alternatively, establishing a separate trail for bicycles, and to report
back to the full Board.
3. During the annual appointment of committees in January, direct the Board president to appoint
a new Ad Hoc Trail Use Committee that will evaluate the issue of bicycle-only trails in some
areas (including the possibility of one-way trails for cyclists) and to report back to the full
Board.
DISCUSSION
At your July 12, 2000 special meeting (see Report R-00-95), you adopted amendments to the District's
Trail Use Policies to provide bicycle access to regional trails such as the Bay Area Ridge Trail; to
guide future trail use to meet a target use designation ratio of 60-65%multi-use trails(including
bicycles)to 35-40% hiking or hiking-and-equestrian trails (excluding bicycles); and to amend the Use
and Management Plans for seven preserves to close them to bicycles effective December 1, 2000. Two
additional amendments adopted by the Board directed the Ad Hoc Trail Use Committee to:
• Examine the issue of opening to bicycles all areas of the Bay Area Ridge Trail within the District
that are currently closed to bicycles, including Russian Ridge and Windy Hill Open Space
Preserves; and
• Examine the feasibility of bicycle-only trails in some areas, including the possibility of one-way
descending trails for cyclists.
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 L =Ea,
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko, Betsy Crowder,Kenneth C. Nitz •General Manager:L.Craig Britton
R-00-155 Page 2
The Ad Hoc Trail Use Committee, comprised of Directors Little, Hanko, and Cyr, met with staff in
order to develop recommendations to address these amendments. Staff facilitated a field trip for
Committee members so that they could consider the issues based upon first-hand observation of the
preserves in question.
Opening try Area Ridge Trail to Bicycle Use
Russian Ridge and Windy Hill Open Space Preserves have segments of the Bay Area Ridge Trail that
are currently closed to bicycle use (see attached map).
In Russian Ridge, the Ridge Trail is currently open to bicycles except for a 1.4-mile segment that runs
through the former Norton property. This section of trail has been closed to bicycles because the
sellers of the property, the Nortons, specified in the purchase agreement that as long as they were
residing on their land, bicycles were not to be permitted on the adjacent property being acquired by the
District (see Report R-92-130). The Nortons have since sold their land, thus removing the requirement
of a bicycle prohibition on the District's adjacent land. This trail segment, that has been closed to
bicycles, wraps around the base of Mt. Melville and runs between the Hawk Trail and Rapley Ranch
Road. It is an incredibly scenic area that offers dramatic views of the coastal hills. Based on the trail's
condition, staff expects that there would be few problems opening it to bicycles. The trail is level and
follows a gentle grade; it is narrow, but generally provides an excellent line-of-site; and there is plenty
of room for cyclists to step off the trail to allow hikers and equestrians to pass. Based on these
conditions, the Committee recommends that staff prepare an amendment to the Comprehensive Use
and Management Plan for Russian Ridge Open Space Preserve to open this section of the Ridge Trail
to bicycle use. This process would provide for public input and an opportunity for further review by
the full Board during the tentative and final adoption of the plan amendment.
The Ridge Trail situation at Windy Hill Preserve is much more complex.
• The Lost Trail, which has been dedicated as the Ridge Trail through upper Windy Hill, is widely
used by equestrians and hikers, and staff anticipates significant public interest in any change in use
of this trail.
• Two trails that are currently closed to bicycles descend steeply from Lost Trail toward Alpine
Road, and concerns about compliance with the closed-to-bicycles status of these trails, as well as
the potential for user conflicts, would have to be addressed.
• Other potential trail alignments exist at Windy Hill, including a disc line that parallels Skyline
Boulevard and other possible trail alignments west of Skyline Boulevard.
The Committee feels it is appropriate to direct these issues to the Use and Management Committee and
to explore the potential trail alternatives in more detail with staff.
Bicycle-Only Trails
Creation of bicycle-only trails is a complex issue that would impact both individual preserve
management plans and District-wide policy. The Committee feels that the issue warrants review by a
new Ad Hoc Trail Use Committee chartered specifically for that purpose. The new Committee would
R-00-155 Page 3
assess the potential impacts and benefits of bicycle-only trails, including possible one-way descending
trails for cyclists that might minimize trail use conflicts. The original assignment was limited to
"descending"trails, but the committee feels that the discussion should be broader to include all one-
way trail possibilities.
CEQA COMPLIANCE
The District has concluded that none of these recommendations constitutes a project under CEQA and
there is no possibility of significant effect on the environment. Therefore, the recommended actions
are exempt from CEQA. If and when action is taken to implement these recommendations, such as the
preparation of a Use and Management Plan amendment, staff will address CEQA at that time. No
decision to either approve or disapprove any bicycle trail or bicycle-trail policy is being made by the
Board at this time.
Prepared by:
Deane Little, Ad Hoc Committee Chair
Matthew Freeman, Planner II
Contact person:
John Escobar, Assistant General Manager
i d
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Windy Hill
Open Space Preserve
Audubon Society r
Sk1-��he
Coal Creek
OSP
Windy Hill and Russian Ridge
Open Space Preserves may,
Bay Area Ridge Trail ,
MROSD Trails
Hiking, Bicycling, Equestrian Jr
Hiking, Equestrian
Hiking, Cycling
Hiking Only
j13 Dogs on Leash
y Denotes Section of Bay Area
Ridge Trail To Be Evaluated
Russian Ridge -
for Bicycle Use 5
Open Space Preserve
0.25 0 0.25 0.5 Miles
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Regional Open !. ice
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R-00-158 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 00-35
December 20, 2000
AGENDA ITEM 2
AGENDA ITEM
Proposed Addition of Fletscher Property to Mt. Umunh Area of ierra Azul Open Space Preserve
GENERAL MANAGERI DATIONS
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 approval of the attached Purchase Agreement and
General Release for Acquisition of the Fletscher property.
3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this
report, including naming the property as an addition to Mt. Umunhum Area of Sierra Azul Open
Space Preserve.
4. Indicate your intention to withhold the property from dedication as public open space.
DESCRIPTION (see attached Location Man)
The 40-acre Fletcher property is located west of Twin Creeks in the Herbert Creek watershed on the south
side of Bald Mountain. The property is bisected by Herbert Creek and includes approximately 24 acres
south of the creek, over which the District currently holds an open space easement, and approximately 16
acres north of the creek, which is partially developed for residential use. The open space easement was
acquired as part of a larger land purchase from Mr. Fletscher in 1989 (see report R-89-52). The property is
in the middle of the uppermost reach of the Herbert Creek watershed, a relatively undisturbed and pristine
area that is easily seen from Bald Mountain, Mt. Umunhum Road and Loma Prieta Road. The property is a
desirable addition to the preserve because it protects valuable scenic, wildlife and watershed resources. In
addition, it may provide regional trail connections between Bald Mountain and trails to the south and east
side of the preserve.
The property is surrounded by District lands and can be reached from Los Alamitos Road (off Hicks Road)
on a gated, unsurfaced road that originates at Twin Creeks and parallels Herbert Creek and eventually
passes through the middle of the property. Bald Mountain is less than one-quarter mile to the north and
approximately 400 feet above the property. Herbert Creek bisects the property in an east-west direction
and slopes on both sides of the creek are very steep and wooded with mixed evergreen forest and chaparral.
The riparian area along Herbert Creek is densely vegetated with bay laurel and alder trees. There is a
dense tree canopy along the road and creek which limits the views but provides desirable summer shade.
There are improvements on the property including structures, water system, roads and trails. Near the
southwest corner of the 16-acre area, a cluster of structures comprise the residential area on both sides of
the driveway. There are two double-wide house trailers, a manufactured home, shop and storage building,
a camper, and a wide array of building materials and equipment. To the west of the residential area, the
driveway continues to the edge of the property where it divides, with one road continuing a short distance
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 = 0 '
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •General Manager:L.Craig Britton
R-00-158 Page 2
into District land and crossing Herbert Creek, and the other road swinging to the north and ending at a level
building pad. There are two small structures in this area, one of which houses a generator and the other
apparently provides for storage. Building materials and equipment are also located on the building pad.
To the east of the residential area, there is another storage building located adjacent to the main driveway.
A large garden is located up the hill behind the storage building in a closed area. A spring has been
developed on the upper edge of the garden and provides irrigation water as well as a portion of the water
that supplies the residential area. An additional spring known as "Sciarrino Spring" serves the property
and is located on District land on the south-facing side of Bald Mountain.
The seller will continue to live on the improved area of the property by reserving a life estate in
approximately 7 acres. The life estate includes seller's right to continued use and responsibility for the
spring-fed water system that includes a pumphouse currently located on District land. In addition, the
seller retains the right to use and maintain the existing dirt road that accesses the property along Herbert
Creek. There will be no expansion of use within the life estate with the exception of the possible
installation of two small water tanks to be located near the structures. Any further improvements to
existing structures on the life estate will be subject to prior District approval.
USE AND MANAGEMENT PLAN
Planning Considerations
The property is located within the unincorporated area of County of Santa Clara and zoned HS (Hillside)
which limits development to one residential dwelling unit per 20 to160 acres, depending on a slope density
formula. The property consists of one legal parcel and has a potential density of one residential dwelling
site. Access to the property for the purposes of development would be difficult because unsurfaced road is
lengthy and only in fair condition.
The property is rated in the District's Open Space Master Plan as having a high composite open space value
and is important in terms of potential outdoor recreation, wildlife habitat, and scenic qualities. The
Regional Open Space Study shows a regional trail corridor in the vicinity of the property.
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. Future proposed
changes to land use will be subject to further environmental review and public input.
Public Access: Not open for public use during the term of the life estate.
Signs: Install preserve boundary signs where appropriate.
Monitoring: Reservation for entering the life estate not more than twice a year for the purpose of
monitoring compliance with the terms of the agreement.
Name: Name the property as an addition to Mt. Umunhum Area of Sierra Azul Open Space Preserve.
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R-00-158 Page 3
Site Safety Inspection: Inspection has revealed no hazards.
Dedication: Indicate your intention to withhold the property from dedication as public open space.
CEQA COMPLIANCE
Project Descril2tion
The project consists of the acquisition of a 40-acre property as an addition to the Mt. Umunhum Area of the
Sierra Azul Open Space Preserve and the concurrent adoption of a Preliminary Use and Management Plan
for the addition. The project includes the continued residential use of approximately 7 acres under the
terms of a life estate granted to the seller. There will be no expansion of use within the life estate with the
exception of the possible installation of two small water tanks. Ultimately, the property will be included in
the Comprehensive Use and Management Plan for the Sierra Azul Open Space Preserve. The land
surrounding the life estate will be permanently preserved as open space and maintained in a natural
condition. Upon termination of the life estate, the residential improvements will be removed and the area
returned to a natural condition.
CEQA Determination
The District concludes that this project will not have a significant effect on the environment. It is
categorically exempt from CEQA (the California Environmental Quality Act) under Article 19, Sections
15301, 15303, 15304, 15316, 15317, 15325, and 15061 as follows:
Section 15301 exempts the operation,repair, maintenance, permitting, leasing, licensing or minor alteration
of existing public or private structures, facilities, mechanical equipment, or topographical features,
involving negligible or no expansion of use. The project includes a life estate for the seller who will
continue to reside on the property and will continue the existing residential use. Upon termination of the
life estate, restoration of the area will include removal of two small house trailers and accessory structures.
Section 15303 exempts construction and location of limited numbers of new, small facilities or structures.
The installation of two small water tanks could occur within the life estate; no additional new structures
can be added under the terms of the agreement.
Section 15304 exempts minor public or private alterations in the condition of land,water, and/or
vegetation. Minor alterations to the condition of the land may occur if the water tanks are installed but it
will not involve removal of healthy, mature, scenic trees. Existing structures can be replaced or
reconstructed subject to the District's prior approval.
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 area surrounding the life
estate will not be developed and will remain in a natural condition while the area within the life estate will
be used for residential purposes. It too will be returned to a natural condition upon termination of the life
estate.
R-00-158 Page 4
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 surrounding
the life estate and, upon termination of the life estate, it will maintain the open space character of the entire
property.
Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. This
acquisition will transfer ownership of the property to the District and ensure it will be preserved as public
open space by incorporating it into the Sierra Azul Open Space Preserve.
This acquisition qualifies under six sections. The actions proposed in the Preliminary Use and
Management Plan are also exempt under section 15061, as there is no possibility the actions may have a
significant effect on the environment.
TERMS & CONDITIONS
The purchase price of$400,000 for the 40-acre Fletscher property includes a General Release which is in
effect a settlement agreement for a dispute involving a potential land exchange relating to the District's
purchase of other lands owned by Mr. Fletscher in May 1989. The settlement agreement will fully settle
the dispute and release the District from any claims relating to any contemplated land exchange. As part of
this transaction, Mr. Fletscher is reserving a life estate in the improved area of the property consisting of
approximately 7 acres. The life estate area includes two house trailers, a manufactured home, two storage
buildings and garden area. Mr. Fletscher will continue to occupy a house trailer and currently leases out
the other residential improvements in the life estate area. The life estate is subject to the following key
conditions and restrictions:
1. The life estate rights may not be sold without prior District consent.
2. Existing and future tenants of Mr. Fletscher are required to sign a waiver eliminating any rights to
relocation assistance and acknowledging their tenancy terminates upon the end of the life estate.
3. Construction of new buildings or structures is prohibited and proposed improvements to or replacement
of existing structures is subject to design review and approval by the District.
4. Grading, excavation or disposal of debris on the property is prohibited.
5. District has the right to inspect and monitor the life estate twice per year.
The subject property is being acquired on an"as-is"basis. Upon the termination of the life estate, the
District will assume responsibility for the clean u of an improvements, equipment, materials and debris
P Y p Y P
remainingo n the life estate property not removed b Mr. Fletscher's heirs. These clean a costs are
P P Y Y P
estimated at$20,000 at this time.
R-00-158 Page 5
BUDGET CONSIDERATIONS
2000/2001 Budget for Land Acquisition
New Land $20,000,000
Land Acquisitions so far this year (12,863,800)
Fletscher Acquisition proposed on this agenda (400.0001
Acquisition Budget Remaining S 6,736,20Q
Controller M. Foster has been consulted on this proposed acquisition, and indicated that, considering cash
flow and availability, funds are available for this property purchase. This parcel was identified as an
important addition to the Sierra Azul Open Space Preserve for potential protection of watershed, wildlife
habitat and scenic backdrop.
PUBLIC NOTIFICATION
There are no adjacent or surrounding owners to notify as this property is surrounded by District lands.
Prepared by:
Del Woods, Senior Acquisition Planner
Michael C. Williams, Real Property Representative
Graphics:
Dennis Dart, Open Space Technician
Contact person:
Michael C. Williams, Real Property Representative
----- - - - - -
Props ed Fletscher Acqui\ 'on
Sierra Azul Open Space Preserve
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RESOLUTION NO. 00-
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING ACCEPTANCE OF THE PURCHASE
AGREEMENT AND GENERAL RELEASE, AUTHORIZING
OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF
GRANT TO DISTRICT, AUTHORIZING OFFICER TO
EXECUTE RESERVATION OF LIFE ESTATE, 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
FLETSCHER)
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 and General Release
between Robert A. Fletscher, Individually and as Trustee of the Elke Vliestra Trust, and the
Midpeninsula Regional Open Space District, a copy of which is attached hereto and by this
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 the Reservation of Life Estate Subject to Certain Covenants, Conditions and
Restrictions and 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 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 $12,000 to
cover the cost of title insurance, escrow fees, survey costs and other miscellaneous costs related
to this transaction.
Section Five. The General Manager and General Counsel are further authorized to approve any
technical revisions to the attached Agreement and documents which do not involve any material
change to any term of the Agreement or documents, which are necessary or appropriate to the
closing or implementation of this transaction.
Section Six. It is intended, reasonably expected, and hereby authorized that the District's
general fund will be reimbursed in the amount of$400,000 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
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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 AND GENERAL RELEASE
This Purchase Agreement and General Release (hereafter"Agreement") is made
and entered into by and between ROBERT A. FLETSCHER, as Trustee of the Elke Vliestra
Trust, hereinafter called"Seller,"and the MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT, a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the
California Public Resources Code, hereinafter called "District."
RECITALS
WHEREAS, Seller is the owner of certain real property which has open space and
recreational value, located within 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 desires to reserve a.life estate interest for seller's benefit for a
portion of said property,which life estate interest is more particularly described in this
document; and
WHEREAS, Seller wishes to sell and convey the entirety of said property to
District subject to said life estate, and District wishes to purchase said property upon the terms
and conditions set forth herein; and
WHEREAS, There are now pending certain disagreements between Seller and
District which arose out of the purchase by District of real property from Seller in 1989,
including, but not limited to, a potential proposed exchange of lands between District and Seller.
Seller claims, among other things,that District is required to enter into a certain land exchange
transaction as a result of this 1989 purchase and District disputes this claim. These disputes are
hereafter collectively referred to as"the Claim;"and
WHEREAS, The parties to this Agreement have agreed to settle and resolve all
past, present and future disputes regarding the Claim so as to avoid the cost and burden of
litigation. There has been no admission or determination of fault or liability on the part of any
party.
Purchase Agreement Page 2
AGREEMENT
NOW, THEREFORE, in consideration of the parties' execution and the District's
Board of Directors approval of this Agreement and in consideration of the foregoing recitals and
the mutual promises and covenants herein contained,the parties hereto agree as follows:
l. Purchase and Sale. Seller agrees to sell to District and District agrees to purchase
from Seller, Seller's real property and interest herein, located within an unincorporated area of
the County of Santa Clara, State of California, as follows:
I
A. Fee title to all that certain parcel of real property, containing approximately
Forty(40) acres,more or less,and commonly referred to as Santa Clara County Assessor's
Parcel Number 562-22-023. Said property is further described in the legal description attached
to Preliminary Report Number 98171603 from North American Title Company. A copy of said
Preliminary Report is 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, appurtenances and other property rights as
described hereunder being acquired by District under this Agreement are hereinafter called the
"Subject Property" or the"Property."
B. Seller shall reserve an estate for life("Life Estate") over a portion of the
Property for Seller's benefit in the form of a Reservation of Life Estate Subject to Certain
Covenants, Conditions and Restrictions, as attached hereto as Exhibit B and incorporated by this
reference. The portion of the Property which shall be reserved as a Life Estate for Robert A.
Fletscher shall include the area where the two existing house trailers, two storage buildings,one
wood-sided manufactured home and garden are currently located. Seller shall also reserve a
non-exclusive right of way for ingress and egress and public utilities over and across the existing
road on the Property, and the right to use and maintain the existing water system located on
adjoining District land as further defined in said Exhibit B. The aforementioned Life Estate shall
include the easement rights listed in this Section 1.B, which easements shall likewise terminate
upon the death of Seller, or its earlier termination pursuant to the terms of the Life Estate set out
in Exhibit B. As used herein,the term"the Life Estate" shall collectively refer to the Life Estate
and the reserved easements for g
ingress and egress, and reserved for water use and maintenance.
g
The Life Estate is generally depicted on the map attached hereto as Exhibit E and incorporated
by this reference. Prior to Closing, the specific legal description and plat map of the Life Estate
will be inserted in the Grant Deed with a Reservation of Life Estate Subject to Certain
Covenants, Conditions and Restrictions after a survey is completed by Kier& Wright Civil
Engineers & Surveyors, Inc. 3350 Scott Boulevard, Building 22, Santa Clara, CA 95054 (408)
727-6665. The Legal Description of the Subject Property shall be marked Exhibit A to the Grant
Deed. The Reservation of Life Estate, subject to Certain Covenants, Conditions and
Restrictions, shall be marked Exhibit B to the Grant Deed. The Legal Description of the Life
Estate shall be marked Exhibit B-1 to the Grant Deed, and the plat map of the Life Estate shall
be marked Exhibit B-2 to the Grant Deed. The District shall pay for the costs of preparing the
Purchase Agreement Page 3
legal description and plat map of the Life Estate. At District's discretion, District may elect not
to include the reserved easements in the survey.
2. Purchase Price. The total purchase price("Purchase Price") for the Property shall
be Four Hundred Thousand and No/100 Dollars($400,000), 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 95030, (408) 395-9008 (Escrow number 98171603) 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 after
January 1, 2001, but no later than January 10, 2001,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 with a Reservation of Life Estate Subject to Certain Covenants,
Conditions and Restrictions covering the Property as described in said Exhibit A and in the form
set out in Exhibit B hereto, and having attached thereto the legal description and plat map of the
Life Estate prepared pursuant to Section I.B. herein.
D. District shall deposit into the escrow, on or before the Closing:
(i) The required Certificate of Acceptance for the Grant Deed with a
Reservation of Life Estate Subject to Certain Covenants, Conditions and Restrictions, duly
executed by District and to be dated as of the Closing;
(ii) District's check payable to Escrow Holder in the amount of Three
Hundred Ninety-Nine Thousand and No/100 Dollars($399,000.00)which is the balance of the
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Purchase Agreement Page 4
Purchase Price of Four Hundred Thousand and No/100 Dollars ($400,000.00)as specified in
Section 2. The balance of$1,000.00 is paid into escrow in accordance with Section 12 of this
Agreement.
E. District 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 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
$400,000 for the Property showing title to the Property vested in fee simple in District, subject
only to: (i) current real property taxes; (ii) exception number 3 and 4 as listed in Preliminary
Report Number 98171603 attached hereto as Exhibit A; (iii) the Life Estate reserved herein by
Seller; and (iv) such additional title exceptions as may be approved in writing by District prior to
the Closing as determined by District and Seller.
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 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 represents and warrants that other than
the tenants listed on Exhibit C hereto, there exist no oral or written leases or rental agreements
affecting all or any portion of the Subject Property.
Seller warrants that all leases that exist on the Property are, upon the date of
execution of this Agreement, oral leases which constitute month-to-month tenancies ("Existing
Purchase Agreement Page 5
Leases"). Within ninety(90) days of the close of escrow, Seller shall provide District with a
Waiver and Acknowledgment in the form set forth herein as Exhibit D, executed by each of the
tenants listed upon Exhibit C hereto. Seller further warrants and agrees to hold District free and
harmless and to reimburse District for any and all costs, liability, loss, damage or expense,
including costs for legal services, occasioned by reason of any such lease or rental agreement of
the Property being acquired by District, including, but not limited to, claims for relocation
benefits and/or payments pursuant to California Government Code Section 7260 et seq. Seller
understands and agrees that the provisions of this paragraph shall survive the close of escrow and
recordation of any Grant Deed(s).
6. Seller's 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. 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. Integri_ty 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.
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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
Purchase Agreement Page 6
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, with the sole exception of certain pipes which
were previously stored on the Property and have now been removed from the Property and
which may have contained asbestos,the Property does not contain and has not previously
contained any Hazardous Waste or 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 Seller has no actual knowledge
that any private person or governmental authority or administrative agency or any employee or
litigation,
agent thereof has determined, alleged or commenced or threatened to commence any g ation,
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. Inderr . 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 or
Life Estate, except when any hazardous substance contamination was caused solely by District.
9. "As-Is"Purchase and Sale. Closing of escrow for the transaction contemplated
herein shall constitute District's representation that it has examined and inspected the Subject
Property and knows and is satisfied with the physical condition, quality, and state of repair of the
Subject Property in all respects and has determined that the same is acceptable to District"as is",
and District acknowledges that District is acquiring the Subject Property in such"as is"and
Purchase Agreement Page 7
with all faults"condition, and further accepts and agrees to bear all risks regarding all physical
conditions and/or defects, latent, patent, or otherwise of the Subject Property, except as to the
representations and the warranties of Seller contained in this Agreement. District agrees and
acknowledges that, except as set forth in this Agreement, no other representations, statements or
warranties, express or implied, including any warranties of habitability, merchantability,
suitability and fitness for intended purpose have at any time been made by Seller or its agents,as
to the physical condition, quality, or state of repair of the Subject Property.
A. Removal of Vehicles. E1,uipment,Materials and Debris. It is understood
and agreed that located on the adjacent District owned property west of the Subject Property,
commonly referred to as Santa Clara County Assessor's Parcel Number 562-06-011 ("the
District Property"), are items of Seller's personal property including but not limited to: trailers,
vehicles, storage sheds, miscellaneous construction materials and miscellaneous debris. Seller
agrees to remove and dispose of any and all of Seller's personal property and items from the
District Property on or before the one year anniversary of the Closing and leave the District
Property in a neat and clean condition. In the event Seller does not remove said personal
property within one year, District may remove and dispose of said property at its sole expense.
B. It is further understood and agreed that located on the Subject Property are
various structures and personal property belonging to Seller or to Seller's lessees, including but
not limited to two house trailers,two storage buildings, and a wood-sided manufactured home.
Seller agrees that, upon his death and the concurrent termination of the Life Estate, his heirs,
executor or probate representative shall have a period of six months from Seller's death to
remove any of such structures and personal property from the Subject Property. In the event any
of such structures or personal property remain upon the Subject Property after this six month
period has elapsed, District may remove and dispose of any or all of said structures and personal
property at its sole expense.
10. Waiver of Relocation Benefits. Seller and District understand and agree that
Seller may be entitled to receive certain relocation benefits 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. Seiler 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.
11. Miscellaneous Provisions.
A. Access for Investigations. From the date Seller delivers an executed copy of this
Purchase Agreement to District and until the Closing, District and Districts agents, lender,
Purchase Agreement Page 8
contractors, engineers, consultants, employees, subcontractors and other representatives (the
"District Parties") may, upon the giving of reasonable advance written notice to Seller, enter
upon the Property for the purpose of inspecting, testing, surveying, and evaluating the same; and
further provided that District shall give Seller at least 24 hours' prior notice of each proposed
entry by District. District shall indemnify, protect, defend and hold Seller free and harmless
from and against any and all claims, actions, causes of action, suits,proceedings, costs, expenses
(including, without limitation, reasonable attorneys' fees and costs), liabilities, damages, and
liens caused by the activities of District Parties while upon the Property prior to the Closing;
provided, however, the foregoing indemnity shall not cover or include any claims, damages or
liens resulting from District's discovery of any Hazardous Substance or other pre-existing
adverse conditions not caused by District while conducting its inspections,testing, or evaluation.
District's inspections shall be at District's sole expense. District shall repair any damage to the
Property that may be caused by the District Parties while on the Property performing its
inspections.
B. 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.
C. Allorneys' 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 shad be-entitled to
recover from the other party reasonable expenses and attorneys' fees.
D. 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, and to take any actions and execute any documents necessary or
appropriate to closing escrow and completing this conveyance, including execution of any
documents which may allow Seller to accomplish a tax deferred exchange of property as
permitted by law; provided, however that the District shall not take title to any third party
property other than the subject Property. Any agreement on the part of any party for any such
amendment, extension or waiver must be in writing.
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Purchase Agreement Page 9
E. 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 constitute neither the exclusive election thereof nor the waiver of any
other right,power or remedy available to such party.
F. 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: Robert A. Fletscher
P. O. Box 10
New Almaden, CA 95042
(408) 268-7905
FAX: (408) 269-0659
cc: Kenneth J. Machado, Jr.
22 N. Almaden Avenue, Suite A
San Jose, CA 95110
(408) 280-7577
FAX: (408) 280-7579
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 deliveryas indicated b the addressee's registry or certification receipt or at the expiration
Y g tt'Y P p
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.
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Purchase Agreement Page 10
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
P 87 P
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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.
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 repre-
sentations and warranties by either party to the other, shall survive the Closing and be binding
upon and inure to the benefit of the respective parties hereto and their respective heirs,
successors and permitted assigns.
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.
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Purchase Agreement Page 11
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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.
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P. Captions. Captions are provided herein for convenience only and they
form no part of this Agreement and are not to serve as a basis for interpretation or construction
of this Agreement, nor as evidence of the intention of the parties hereto.
Q. Pronoun References. In this Agreement, if it be appropriate,the use of the
singular shall include the plural, and the plural shall include the singular, and the use of any
gender shall include all other genders as appropriate.
I
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12. Acceptance. Provided that this Agreement is executed by Seller and delivered to
District on or before December 15, 2000, District shall have until midnight December 20,2000
to accept and execute this Agreement, and during said period this instrument shall constitute an
irrevocable offer by Seller to sell and convey the Property to District for the consideration and
under the terms and conditions herein set forth. Said offer shall remain irrevocable during this
period without the necessity of execution and acceptance of this Purchase Agreement by District.
As consideration for said irrevocable offer, District has paid into escrow and Seller
acknowledges receipt of the sum of One Thousand Dollars and No/100 ($1,000.00),which shall
be applied to the Purchase Price as set forth in Section 2 hereof.
13. SETTLEMENT AND GENERAL RELEASE.
A. Release of Claims. Seller, on behalf of himself and his agents,heirs,
spouse, employees, representatives, successors, assigns, attorneys, if any, and each of them,
separately and collectively hereby fully release and discharge District and its agents, employees,
representatives, attorneys, servants, successors, assigns, and elected and appointed officials,
managers, and officers from any and all claims, causes of action, controversies, debts, damages,
judgments, orders, or liabilities of what ever kind or nature, in law or in equity,known or
unknown, that Seller has had in the past, now has or may have in the future against District,
arising from, in any way connected with, or related in any way to: the Claim, or any,duty,
obligation, claim, event, occurrence, act or omission which is alleged by Seller against District
concerning District's purchase of lands from Seller in 1989 and any potential exchange of land
related thereto, and any matter claimed or alleged in any demand or claim filed by Seller with
District which relates to the facts, relationships, or transactions which give rise to the Claim.
The aforesaid Claim and events are hereafter collectively referred to as "the Released Claim."
B. Covenant Not to Sue. Seller for himself, his agents, heirs, spouse, employees,
representatives, successors, assigns, attorneys agree not to sue District or any of its agents,
employees, representatives, attorneys, servants, successors, assigns, and elected and appointed
officials, managers, and officers of any kind or in any capacity with any act or omission arising
I
out of or relating to the Released Claim.
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Purchase Agreement Page 12
C. Waiver of Future Damages. It is understood and agreed by Seller and his agents,
employees, attorneys and representatives that this Agreement shall act as a full and complete
release of any claims which Seller may have against District and its agents, employees,
representatives, officers, and elected officials relating to the Released Claim, including all such
future damages, defects and discoveries relating to any facts, relationships or transactions which
arise out of are related in any way to the Released Claim notwithstanding any change or mistake
of fact. With reference to the Released Claim, Seller hereby expressly waives and relinquishes
all rights and benefits conferred to him pursuant to California Civil Code 1542 which provides:
A general-release does not extend to claims which the creditor does not know or suspect to exist
in his favor at the time of executing the release, which if known to him must have materially
affected his settlement with debtor.
D. No Admission of Liability. The parties acknowledge that the execution of this
Agreement does not constitute an admission or confession of any liability or obligation by the
person or entities released herein concerning any claim, charge, cause of action, assertion,
contention and/or demand made by Seller in the Released Claim. Both parties specifically deny
any liability for any and all claims referred herein.
Purchase Agreement Page 13
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their duly authorized officers to be effective as of the date of final execution by District in
accordance with the terms hereof.
DISTRIC SELLER:
MIDPENINSULA REGIONAL OPEN ea,�
SPACE DISTRICT Robert A. Fletscher, Individually and as
Trustee of the Elke Vliestra Trust
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ACCEPTED FOR RECOMMENDATION
Date:
Michael C. Williams, Real Property APPROVED AS TO FORM:
Representative
enneth Wchado, Esquire
Attorney for Robert A. Fleischer,
APPROVED AS TO FORM: Individually and as Trustee of the Elke
Vliestra Trust
Susan %hectman, General Counsel
Date: /�i 07)
ED F R APPROVAL:
L. Craig Britton, General Manager
APPROVED AND ACCEPTED:
President, Board of Directors
ATTEST:
District Clerk
Date:
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�■N lbORTH
AE MERICAN DIRECT ALL INQUIRES TO:
■■COMPANY nTrIlEscrow Officer: SUSAN TROVATO
Telephone No. (408) 395-9008
Our No.: 98171603
August 23, 2000
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
330 DISTEL CIRCLE
LOS ALTOS, CA 94022
ATTN: MIKE WILLIAMS
Buyer(s): MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
PROPERTY ADDRESS UPDATE
APN 562-22-023
LOS GLTOS, CALIFORNIA
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, COPIES OF THE POLICY FORMS SHOULD BE READ, THEY ARE AVAILABLE
FROM THE OFFICE WHICH ISSUED THIS REPORT.
PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS
SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO
PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE
INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED.
IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO
THE CONDITION OF TITLE AND MAY NOT UST 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 AUGUST 11, 2000 PAM THOMPSON/Bl-
at 7:30 A.M. Title Officer
335 North Santa Cruz Avenue, Los Gatos, California 95030,(408) 395-9008 Fax No. (408) 354-3517
Page ,.-Loff
r
The form of policy of title insurance contemplated by this report is:
ALTA Loan Policy - Form 1 (10-17-92)
The estate or interest in the land hereinafter described or referred to covered by this report
is:
A FEE AS TO PARCEL ONE.
AN EASEMENT .AS TO PARCELS TWO AND THREE.
Title to said estate or interest at the date hereof.Is vested in:
ROBERT A. FLETSCHER, AS TRUSTEE OF THE ELKE VLIESTRA TRUST
E�EII�IT
Page 2 of 8 Page-„L._of. =--
4% Ab
Order No. 98171603
Description: The land referred to herein is situated in the State of California, County of
SANTA CLARA, AN UNINCORPORATED AREA, and is described as follows:
PARCEL 1 :
NORTHWEST %4 OF THE SOUTHWEST A IN SECTION 16, TOWNSHIP 9 SOUTH, RANGE
1 EAST, M.D.B. & M.
PARCEL 2:
A RIGHT OF WAY FOR INGRESS AND EGRESS OF PEDESTRIANS AND VEHICLES
APPURTENANT TO PARCEL 1, HEREINABOVE DESCRIBED, OVER A STRIP OF LAND 16
FEET IN WIDTH, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHICH BEARS N. 40 16' E. 247.4 FEET FROM THE POINT OF
INTERSECTION OF THE LINE DIVIDING SECTIONS 15 AND 16 IN TOWNSHIP 9 SOUTH,
RANGE 1 EAST, WITH THE Y4 SECTION LINE RUNNING EAST AND WEST THROUGH
SAID SECTIONS 15 AND 16; RUNNING THENCE FROM SAID POINT OF BEGINNING, N.
720 26' E. 19.32 FEET; N. 500 02' E. 96.5 FEET; N. 750 50' E. 75.65 FEET; N. 200 07'
E. 47.45 FEET; N. 61 ° 10' E. 52.62 FEET; N. 420 52' E. 76.65 FEET; N. 320 51' E.
72.45 FEET; N. 330 28' E. 47.74 FEET; N. 690 06' E. 65.3 FEET TO A POINT KNOWN
AS STATION 86 OF THE ALAMITOS ROAD, AND THE TERMINUM THEREOF, AND BEING
SITUATE WITHIN THE WEST % OR THE NORTHWEST A OF SECTION 15, TOWNSHIP 9
SOUTH, RANGE 1 EAST, M.D.B. & M.
PARCEL 3:
AN EASEMENT FOR INGRESS AND EGRESS OF PEDESTRIANS AND VEHICLES AND ALL
UTILITIES 40 FEET WIDE, OVER, ACROSS, AND UNDER THE FOLLOWING DESCRIBED
PARCEL OF LAND LYING IN SECTION 16, TOWNSHIP 9 SOUTH, RANGE 1 EAST,
MOUNT DIABLO BASE AND MERIDIAN, THE CENTER LINE OF WHICH IS THE CENTER
LINE OF THE EXISTING DIRT ROAD LYING NORTHERLY OF AN ADJACENT TO HERBERT
CREEK.
ASSESSOR'S PARCEL NO.: 562-22-023
EXHIBIT A
Page 3 of 8 Page .3 Of-B
Order No. 98171603
At the date
hereof exceptions to coverage in addition to the rioted exceptions and
P p
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 2000/2001.
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. "SUCH RIGHTS AND EASEMENTS FOR NAVIGATION AND FISHERY WHICH MAY
EXIST OVER THAT PORTION OF SAID LAND LYING BENEATH .THE WATERS OF
HERBERT CREEK."
4. An easement affecting the portion of said land and for the purpose stated herein,
and incidental purposes.
In favor of: PAULINE R. BLAYLOCK, RICHARD L. GLEASON,
AND C. ERROL FLETCHER
No representation is made as to the present ownership of said easement.
For: INGRESS AND EGRESS
Recorded: MAY 23, 1979
Instrument No.: 6382756
Book: 515
Page: 272
Affects: NOT DESCRIBED OF RECORD
EXHIBIT-
Page 4 of 8 Page �..,.Of'�--.
Order No. 98171603 !
5. A deed of trust to secure an indebtedness in the amount shown below and any other
obligations secured thereby:
Amount: $90,000.00
Dated: MARCH 17, 1982
Trustor: JERRY L. SHRUM, TRUSTEE, DONALD FLETCCHER,
TRUSTEE
Trustee: DAVID TEFFT, TRUSTEE AND WESTERN TITLE
INSURANCE COMPANY,'A CORPORATION
Beneficiary: RICHARD L. GLEASON, 1/6 INTEREST, POLLY J.
GLEASON 1/6 INTEREST, PAULINE R. BLAYLOCK,
1/3 INTEREST, C. ERROL FLETCHER AND LOETTE
W. FLETCHER, HIS WIFE, AS JOINT TENANTS, 1/3
INTEREST
Recorded: APRIL 28, 1982
Instrument No.: 7350133
Book: 752
Page: 123
Loan No: NONE SHOWN
Beneficiary Mailing Address 436 14TH ST., OAKLAND, CA 94612
The above matter affects the herein described property and other property.
6. An easement affecting the portion of said land and for the purpose stated herein,
and incidental purposes.
In favor of: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT,
A PUBLIC DISTRICT
No representation is made as to the present ownership of said easement.
For: OPEN SPACE EASEMENT
Recorded: MAY 12, 1989
Instrument No.: 101.7546
Book: 947
Page: 1362
Affects: PREMISES
EXHIBIT
Page 5 of 8 Page S Of
Order No. 98171603
i
Covenants, conditions and restrictions (deleting therefrom any restrictions, if any,
based upon race, color, religion, sex, handicap, familial status, or national origin) as
set forth in the document referred to in the numbered item last shown above.
7. Terms, covenants, conditions and provisions contained in an instrument
Entitled: GRANT OF RIGHT OF FIRST REFUSAL
Executed by
and between: ROBERT A. FLETSCHER AND MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT, A PUBLIC
DISTRICT
Recorded: MAY 12, 1989
Instrument No.: 1017547
Book: 947
Page: 1369
Reference is made to said document for full particulars.
8. Any invalidity or defect in the title of the vestees in the event such trust is invalid or
fails to confer sufficient powers in the trustees, or in the event there is a lack of
compliance with the terms and provisions of the trust instrument.
This company will require a certification from the current trustee(s) stating said trust
is in full force and effect and there have been no changes except as set forth.
END OF EXCEPTIONS
IEXH113IT
r
Page 6 of $ Page a,.�.,..of �D
Order No. 98171603 4t
. l
INFORMATIONAL NOTES:
OUR ALTA LOAN POLICY, WHEN ISSUED, WILL CONTAIN ENDORSEMENT NOS. 100
AND 116/116.2.
There is located on said land A SINGLE FAMILY RESIDENCE
known as APN 562-22-023, LOS GATOS, CALIFORNIA.
General and special property taxes for the fiscal year shown below have been paid.
Fiscal Year: 1999-2000
Total Amount: $141.98
First Installment: $70.99 PAID
Second Installment: $70.99 PAID
Land: $11,441.00
Code Area: 72-007
Parcel No.: 562-22-023
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.
01/04/99 ASC
UPDATE 8/23/00 AMD
��tt�tr A
Page 7 of 8 Page —of—
Order No. 98171603
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
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 SELLER/BORROWER 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 FT8 597 MUST BE SENT TO THE FRANCHISE TAX BOARD, AT THE FOLLOWING ADDRESS: FRANCHISE TAX BOARD
WITHHOLDING AT SOU
RCE UNIT,
P.O. BOX 51 6 SA M CRA EN7 0 CALIFORNIA, 95812-0651 (918)845-4900.
EXHIBIT A
Page 8 of 8 page—f„Of�
4 Order No. 98171603
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YOUR COtiH►.IvITN.C� rrl Is PROVIDED FOR
LOCATION Of .I•° 'IIIDL IN THE GENERAL
Uls.,i� :►11OPERTY III[
aCCURACY
�n'•� OF THIS PLAT I;.NO 1 0IAIIANIEED.NOR IS IT A PART
OF ANY POLICY REPORT nk GUARANTEE TO WHICH IT
MAY BE ATTACHED
VORTH
MERICAN
10TITLE
COMPANY
i
NATCO NOTES:
DON'T DELAY YOUR CLOSE OF ESCROW! IFANY OF THE FOLLOWING ITEMS AFFECT
YOUR TRANSACTION, PLEASE NOTIFY YOUR ESCROW OFFICER AS SOON AS POSSIBLE.
I. Ongoing Construction
i
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.
11. 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' .;filer/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 A
' ' Page,0 of_,L___ ''
ANORTH
MERICAN
ATM
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 trruble-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
EXHIBIT A
U F PRINTED EXCEPTIONS AND EXCLUSIONS (L. Jcy 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 !lens by the records of any taxing authority that levies taxes or assessments on re,5
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
which may be asserted by persons in possession thereof.
3. Easements,Hens 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.
S. (A) Unpatented mining claims; (b)reservations or exceptions in patents or In Acts authorizing the issuance thereof;(c) water rights,claims
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;(0)the character,dimensions or location of
any improvement now or hereafter erected on the land;(Hi)a separation in ownership or a change in the dimensions or area of the land or ar
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,Hen or encumbrance resuitin
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, Hen or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date c
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, Hens,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 to 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 th
estate or interest insured by this policy.
4. Unenforceability of the Hen of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the Inability or failur
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 unenforceabiHty of the Hen of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insure
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 taws.
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 an
violation of any su_.i 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 r agreed t, oo 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 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 fc
the estate or interest Insured by this policy.
�HIBIT
411► Page of�ar
3.AMEP' V LAND TITLE ASSOCIATION RESIDENTIAL TTTI 'URANCE POUCY-1987
EXCLUSIONS
In addition to the exceptions It schedule b,you are not insured against loss,costs,attomoy's fees,and expenses resutdng from:
1. Governmental police power,and the existence or violatio
n of an law y or government regulation.This includes building and zoning ordlnanc
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 data-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 Dan coverage le Item 8 of covered tltle risk s.
4. Failure to pay value for your this.
5. Lack of a right:
• to any land outside the area specifically,described and referred to In item 3 of schedule a,or
• M streets,alleys,or waterways that touch your land.
This exclusion does not Ilmit the access coverage in item 5 of covered thie risks.
Standard exceptions
(A)any rights,interests or claims of parties in possession of the land not shown by the public records.
(8)any easements or Dens not shown by the public records.This does not limit the Ben coverage in item 8 of the covered tide 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 remov
coverage in item 12 of covered dtle 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
0 SEMENT 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;(R)the character,dimensions or location of any Improvement now 0
hereafter erected on the land;(Ill)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a
part;or(iv) environmental protection,or the effect of 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,Ran 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,Ron or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Data 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 exekm ing from
coverage any taking which has occurred prior to the Date of Polley 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 Ron 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 Data of Policy);or
(a)resulting in loss or damage which would not have boon 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.
S. Invalidity or unenforceability of the Den 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.
E%%f l�IIgIT
40 Page 3,of&
g. Any statutory Ben for services, labor or i ais(or the claim of priority of any statutory Be& services,labor or materials over the Bon of the
insured mortgage) arising from an improvement or work related to the land which to contracted for and commenced subsequent to Date of Policy and
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 o;
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 creatingthe interest
a eat of the insured mortgages being deemed a fraudulent conveyance or fraudulent transfer,or
(il)the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination;or
(111)the transaction creating the interest of the insured mortgages being deemed a preferential transfer except where the preferential transfer results he
the failure;
(a)to timely record the instrument of transfer;or
(b)of such recordation to impart notice to a purchaser for value or a judgment or Ben creditor.
S.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'tee$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 11)the occupancy,use or enjoyment of the land,(B)the character,dimensions or location of any kWavernent now c
hereafter erected on the land,(Bi)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 t
part,or(iv) environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,axcept to the extent that s
notice of the enforcement thereof or a notice of defect, Ben or encumbrance resulting from a violation or alleged violation affecting the land lass been
recorded In the public records at date of policy.
(8)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,Ben or
encumbrances resulting from a violation or alleged violation affecting the land has been recorded in the public records at dab 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 the date of policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, Bens, 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
(a)resulting in toss 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:
(1) the transaction creating the estate or interest Insured by this policy being deemed a fraudulent conveyance or fraudulent transfer,or
00the 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 Ben creditor.
B.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970
WiTH A.L.T.A.ENDORSEMENT FROM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. Any law, ordinance or governmental regulation(including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the
occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or
prohibiting a separation in ownership or a reduction in the dimensions or area of 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 data of pocky.
3. Defects, Bens,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 data 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
c s afforded here
in as to an statutory Ro
n for labor
Y o or material or to the extent Insurance i
►Y ce s
afforded herein as to assessments for street improvements under construction or completed at date of policy)
EXHIBIT ._...
Page Jof���-- �'►
4. Unenforesability of the ion of the irm rtgage because of failure of the bowed at do, "Bey or of any subsequent owner of the Indobta,
to comply with applicable'doing business4w,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 low 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 doe:
not limit the coverage described in hems 12c and d, 13 and 18 of Covered Title Risks.
2. The right to take the land by condemning h,unless:
(a)a notice exercising the right appears in the public records on the Policy Date
(b)the take happened prior to the Policy Data and Is binding on you if you bought tin 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 Omit the coverage describod in hems 3b,8, 17 and 19 of Covered This Risks.
4. Failure to pay value for your title
5. Lack of a right: J
(a)to any land outside the area specifically described and referred to in Item 3 of Schedule A
(b)in streets,alleys or waterways that touch your land or
This exclusion does not Omit the coverage described in hems 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 Dens not shown by the public records. This does not Omit 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 Omit the forced
removal coverage in hem 12 of the covered title risks.
(d)any water rights,claims or title to water on or under the land.
S. ALTA Loan Policy-Form 1 (10/17192)
America First Protection Added 16/11971
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
(1)the occupancy,use or enjoyment of the Land
00 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
((v)environmental protection,or the effect of any violation of these laws,ordinances or government 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 Omit the coverage provided under insuring provisions 14, 16, 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,Oen or
encumbrance,resulting from a violation or alleged violation affecting the Land has boon recorded in the Public Records at Date of Policy. This exclusion
does not Omit the coverage under insuring provisions 14, 15, 16 and 24 of this policy.
0vuIgIT
' Page%70f
2.Rights of eminent domain unless notice exercise thereof has been recorded In the Pub ords at Date of Policy, but not excluding from
coverage any taking which has occurred pr. ,Date of Policy, but rnbt excluding from coverag*eny taking which as occurred prior to pats of Policy
which would be binding on the rights of a purchaser for value without Knowledge.
3. Defects, Bens, 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 Data of Policy, but Known to the Insured Claimant and not disclosed In writing t.
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
(a)resulting in loss or damage which would not have been sustained if the insured Claimant had paid value for the Insured Mortgage.
subsequent owner of the Indebtedness,to comply with applicable doing business laws of the state in which the Land Is situated.4. Unonforceability of the Ben of the insured Mortgage because of the inability or failure of the insured at Date of Policy,or the inability or f ail urs of an
5. Invalidity or unenforceability of the Ben 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 Ben on the Land subsequent to Dab 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:
(1)to timely record the instrument or transfer;or
(ill of such recordation to impart notice to a purchaser for value or a Judgment or Ben creditor.
8.Any claim of invalidity, unenforceabillty or lack of priority of the Ben 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 BmP+the coverage provided under insuring provision 7.
9. Lack of priority of the Ben 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-&Ot .,L..
EXHIBIT B
RESERVATION OF LIFE ESTATE
SUBJECT TO CERTAIN COVENANTS, CONDITIONS AND RESTRICTIONS
1. RESERVATION OF LIFE ESTATE. Grantor shall retain a reservation in the Grant
Deed conveying the Subject Property, APN 562-22-023, from Grantor to Grantee of an estate for
life ("Life Estate") from the date of recordation of this Deed. The Life Estate for the Grantor
shall include the use and occupancy of the two existing house trailers, two wood framed storage
buildings, one wood-sided manufactured home and garden area located within the Life Estate,
as described in Exhibit B-I to the Grant Deed and shown on the plat map in Exhibit B-2 to the
Grant Deed, together with a non-exclusive right of way for ingress and egress to the Life Estate
and for public utilities over and across the road currently existing on the Subject Property and
adjacent property owned by Midpeninsula Regional Open Space District which connects to Twin
Creeks Road, and the right to use and maintain the existing water system including the right to
retain ownership and use of the existing generator and generator shed("Sciarrino Spring")
located on the adjacent property owned by Midpeninsula Regional Open Space District
(hereafter"District"). The Life Estate reserved herein is subject to certain covenants, conditions
and restrictions as more particularly set forth herein.
2. COVENANTS, CONDITIONS AND RESTRICTIONS. The Life Estate being
reserved by Grantor under this Deed is made subject to the following covenants, conditions and
restrictions:
A. Grantor shall occupy one of the existing house trailers as his personal residence
during Grantor's life as set forth under this Deed.
B. Grantor shall not sell, assign, lease or otherwise transfer any interest conveyed
hereunder to any other party without the express written consent of District, which may
or may not be given, in its sole discretion. Prior to entering into any approved lease of an
or a portion of the Life Estate, Grantor shall require each tenant to execute a Waiver and
Acknowledgment of Lease of Life Estate in the form set out in Exhibit D to the Purchase
Agreement and General Release entered into between the parties on or about December
20, 2000 (the "Purchase Agreement"). Grantor shall provide District with a copy of said
form prior to commencement of the leasehold. Consent of the District shall not be
required for one-to-one replacement of a tenant listed on Exhibit C of the Purchase
Agreement, except all such tenants must execute the Waiver and Acknowledgement
described in this subsection prior to commencing their tenancy.
C. Grantor, his heirs, successors, and assigns, and each of them, covenant and agree
that they shall not divide or subdivide or otherwise transfer or convey any portion of or
interest(including,but not limited to, licenses and easements) in the Life Estate to any
party or parties (except to the District or in a division or subdivision resulting from
condemnation and the taking of a portion of the Life Estate).
Page 1
D. Grantor, his heirs, successors, and assigns shall not alter land forms by grading,
excavation on or about the Life Estate or surrounding District land without prior written
approval of District, nor shall they quarry the Life Estate or cause permanent damage to
the Life Estate. Grantor shall not dump or dispose of wastes, refuse or debris on or about
the Life Estate or the surrounding District land, and shall keep the Life Estate in a neat
and clean condition. Grantor shall not do, nor permit done, any act or activity
constituting or contributing to waste of the Life Estate.
E. Abandonment. Grantor shall not abandon, vacate or leave the Life Estate vacant
without prior written notice of termination to District. Grantor will forfeit his Life Estate
if Grantor vacates, abandons, leaves or fails to occupy the Life Estate for a continuous
one year period. Said absence shall be deemed an abandonment of the Life Estate.
F. The construction of new buildings,structures, or additions to existing buildings or
structures on the Life Estate is absolutely prohibited, including but not limited to, any
private recreation facility or any other improvement which necessitates grading or
paving, except as otherwise permitted herein. Grantor may add on to his existing
personal residence trailer a one-room addition, consisting of the small wood-sided room
currently existing on the Life Estate and which is approximately 20 feet by 24 feet in
size. Grantor may install two 2,500 gallon water tanks upon the Life Estate to serve his
domestic water system in the general location shown upon Exhibit B-2 to the Grant
Deed.
G. Grantor agrees that further development or improvement of the Life Estate is
limited to replacement of existing structures or improvements located entirely within the
Life Estate on the following basis and subject to Design Review by District as more
specifically set forth in Section 3 herein:
i. Any replacement structures or buildings shall be painted earth tones to
blend in with the surrounding open space lands of the District. The roof of any
new or replacement structure shall be either earth tones or dark gray. The
existing structures and building shall be re-painted or re-roofed, if at all,
consistent with the requirements of this paragraph.
ii. Non-routine maintenance, repair, reconstruction and refurbishing of any
and all existing improvements (i.e. buildings, fences, or roads) currently located
on the Life Estate is permitted subject to Design Review as set forth in Section 3.
iii. Any structures or improvements on the Life Estate shall be replaced if at
all, with equivalent structures or improvements of the same area, coverage,height
and bulk.
iv. Grantee is permitted to remove any diseased or dead plants and trees and
remove such timber as may be required for fire prevention, public health or
safety. The cuttingof an tree over 6 inches d.b.h. diameter at breast hi -
ty
Y ( �
measured 4%2 feet aboveground) is sub
ject to prior written approval b
District
which shall not be unreasonably withheld or delayed.
Page 2
V. Installation of exterior lighting is subject to prior written approval by
District of a lighting plan.
vi. Installation of flag poles or antennas are subject to prior written approval
by District.
H. Insurance. Grantor shall at all times carry a policy of fire insurance covering the
full replacement value of all structures and improvements located on the Life Estate.
Grantor shall also carry, and keep at all times in full force and effect, a comprehensive,
all risks,policy of Grantor's Liability insurance in a face amount of not less than
$500,000.00 per occurrence. Grantor shall maintain such policies in full force and effect
for the term of the Life Estate and shall provide evidence of such coverage upon
conveyance of the Life Estate and thereafter upon annual or semi-annual renewal of such
policy or policies. Grantor agrees to furnish a certificate of such insurance to District and
naming District as an additional insured on Grantor's liability insurance policy on or
prior to the date of recording of the Grant Deed, and again upon any renewal or
modification of such insurance policy. On the fifth(5') anniversary of the Closing,and
on each fifth (5')anniversary thereafter, District shall review the amounts of and
coverage provided by the insurance policies required herein, taking into account,without
limitation, inflation, costs of replacement and risk management. District may make
reasonable adjustments to the amounts and coverage of the policies required hereunder
based on such review. District shall notify Grantor of any such modifications and
Grantor shall procure insurance policies consistent with such modifications within six (6)
months of such notice.
1. Pro12eM and Possessory Interest Taxes. Grantor acknowledges that Grantoes
interest in the Life Estate under this Agreement may now or hereafter be subject to a
property tax or a possessory interest tax imposed by the County in which the Life Estate
is situated or by other lawful governmental authority. Grantor shall pay any such
property tax or possessory interest tax prior to delinquency thereof, and shall not be
entitled to offset the amount of such tax. Grantor and District acknowledge and agree
that failure to pay any such tax prior to delinquency constitutes a breach of this
Declaration and waste of the Property and that Grantor shall have all remedies in law and
at equity to remedy such delinquency, including but not limited to, recoupment of any
sums expended and all costs, including attorney's fees, incurred thereby.
J. District may enter the Life Estate at least two times per year upon a mutually
agreed date and time in order to monitor Grantor's compliance with the terms of these
Covenants, Conditions and Restrictions, provided such entry shall be upon reasonable
prior notice to Grantor.
3. DESIGN REVIEW. District shall have the right of Design Review, as herein defined,
with respect to any and all improvements proposed to be constructed on the Life Estate which
fall under the provisions of Section 2 hereinabove. Design Review is intended to provide for
review and approval by District of development in environmentally and ecologically sensitive
Page 3
areas in order to assure that development will be harmonious with other uses in the general
vicinity and will be compatible with environmental and ecological objectives.
A. Prior to construction of any new or replacement structures or improvements on
the Life Estate, which fall under the provisions of Section 2 above an application pfor
Design Review shall be made to District. The application shall include the following:
i. A site plan showing the location of all proposed improvements, roads,
driveways, retaining walls, planted or landscaped areas,paved areas, fences,
wells, septic system and other improvements, and indicating the proposed uses or
activities on the site.
ii. Drawings or sketches showing all the proposed improvements, with
sufficient dimensions to indicate the general scale of such improvements.
B. Within thirty(30) days from the filing of the application with the District, District
shall review the site plan and drawings, and shall determine to approve or disapprove
said application based upon the following objectives with respect to siting of the
improvements, color and orientation and exterior lighting and landscaping.
i. To ensure that the Terms and Conditions of these recorded covenants,
conditions and restrictions are strictly enforced;
ii. To ensure construction and operation of any such improvements in a
manner that will be orderly, harmonious and compatible with existing or potential
uses of adjoining or nearby sites; and
iii. To ensure that sound principles of environmental design and ecological
balance shall be observed.
iv. The Design Review described herein shall not extend to or include the
repair and/or replacement of existing improvements or those improvements
previously constructed by Grantor,his heirs, successors, and/or assigns under this
Design Review process.
4. All of the covenants, conditions and restrictions contained herein shall be binding upon
the Grantor, his tenants, and any and all other persons acquiring any interest in the Life Estate, or
any portion thereof or interest therein, whether by operation of law or in any other manner
whatsoever.
5. Nothing herein shall be deemed to create a right of action in any person or entity other
than District, its successors and assigns.
///
Page 4
I
i
I
I
I
GRANTOR: DISTRICT:
I
By:__� _ MIDPENINSULA REGIONAL OPEN SPACE
Robert A. Fletscher, Individually DISTRICT
and as Trustee of the Elke Vliestra Trust -
By:
President, Board of Directors
I Date: �,2 •/�/- ery
Date:
ATTEST:
By:
District Clerk
Date:
t
Page 5
EXHIBIT B-1
LIFE. ESTATE.
The Life Estate is a portion of said Parcel 1, as described on Exhibit A, and as shown on the
attached map(Exhibit B-2), and is generally described as ..... located on said Parcel 1 and as
shown on the Map attached as Exhibit B-2, containing approximately acres.
i
EXHIBIT B-2
PLAT OF LIFE ESTATE
I
I
a
BIT D
,� f liv YNT ?E ESTATE
EXHIBIT C
LIST OF TENANTS
NANCY EMERSON
FRANK AND EMILIA KRZNARICH
FELIPE RODRIGUEZ(A MINOR)AND TWO OTHER MINOR CHILDREN,WHO ARE THE CHILDREN OF
FRANK AND EMILIA KRZNARICH
EXHIBIT D
WAIVER OF RELOCATION BENEFITS AND
ACKNOWLEDGMENT OF LEASE OF LIFE ESTATE
This Tenant Waiver and Estoppel Certificate ("Certificate") is executed by:
Tenant:
[print name]
Tenant:
[print name]
in favor of the Midpeninsula Regional Open Space District("Purchase").
RECITALS
I. Purchaser and Robert Fletscher have entered into a Purchase Agreement whereby
Purchaser has agreed to purchase Fletscher's real property known commonly as Santa
Clara County Assessor's Parcel Number 562-22-023 (hereafter"Property").
2. The Agreement provides that Fletscher will reserve a life estate over a portion of the
Property for his use as a personal residence only during his lifetime subject to certain
conditions and restrictions (hereafter"Life Estate"). The Agreement provides that any
tenants leasing a portion of the Life Estate from Fletscher execute this Certificate.
3. Tenant and Fletscher have entered into an oral month-to-month residential tenancy
agreement commencing on , 2000 whereby Tenant is leasing a
portion of the Life Estate area for Tenant's residence.
4. In connection with the purchase, Fletscher has requested that all tenants execute this
Certificate,upon which Purchaser is relying.
Tenant certifies, warrants and represents as follows:
A. Tenant is the lessee by an oral month-to-month tenancy("the Lease") of the following
portion of the Life Estate:
B. As of the date Tenant signs this Certificate, the Lease is in effect and has not been
terminated by Fletscher.
C. There are no written agreements between Fletscher and Tenant concerning the Property
or the Life Estate. Tenant has no option,right of first refusal, or other right to purchase
all or any portion of the Property or Life Estate. Tenant has no right to renew or extend
the tenancy, and no right, title, or interest in the Property or Life Estate, other than as
Tenant under the Lease.
D. The monthly rent payable under the Lease is
Dollars ($ ) per month. The amount of Tenant's security deposit
held by Fletscher, if any is . Dollars
($ The amount of prepaid and/or last month's rent held by
Fletscher, if any is Dollars
E. AcKNow-LEDGmENT oF TENANcy RiGHTs LimiTED To LiFE EsTATE. Tenant understands
and agrees that Fletscher owns the premises leased to Tenant under the Lease exclusively
by means of a Life Estate interest. Tenant understands and agrees that Tenant's tenancy
will automatically terminate upon the death of Fletscher, or its earlier termination
pursuant to the terms of the Life Estate, and that sole right, title and interest in the rental
premises free of any leasehold will be held by Purchaser.
F. WAIVER of RuocAnoN BENEFITS. Tenant understands and agrees that Tenant
may be entitled to receive certain relocation benefits 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 (42 U.S.C. §4601 et seq.), and the California Relocation Assistance Act,
Government Code Section 7260 et seq. Tenant hereby waives any and all existing
and/or future claims or rights Tenant may have against Purchase for any relocation
assistance, benefits,procedures, or policies as provided is said laws or regulations
adopted there under and to any other compensation.
Tenant executes this Certificate with the knowledge that it will be relied on by Purchaser in
agreeing to purchase the Property.
Date: Tenant Signature:
[print name]
Date: Tenant Signature:
[print name]
List any minors
Residing with [print name]
Tenants
[print name]
[print name]
Page 2
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EXHIBIT E
GENERAL MAP OF LIFE ESTATE. AREA
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Fle&cher Life [?state
Sierra Azul
Open Space Preserve
SC i rnno Spring
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Proposed Water
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WaterXSystem
Generator&
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Santa Clara County
APN 562-22-023
Exhibit E 0 250 500 Feet
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Regional Open 5, ce
R-00-157 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 00-35
December 20, 2000
AGENDA ITEM 3
AGENDA ITEM
Authorization to Solicit Bids for Improvements to the Administrative Office Building at 330
P g
Distel Circle, Los Altos; Authorization for the General Manager,to Modify the Agreement for
Engineering Services for the Office Improvements; and uthoriza 'on to Request Proposals for
Professional Services to Assess the Energy-Efficiency the Admi 'stra ' Office Building
GENERAL MANAGER'S RECOM
1. Authorize staff to solicit bids for improvements to the administrative office building.
2. Authorize the General Manager to modify the existing agreement with Panko Architects to
include mechanical and engineering services, not to exceed an additional $7,500, and to
approve the total amount of$32,500 to be paid to Panko Architects.
3. Authorize staff to solicit proposals from various professional consultants to assess the
Heating, Ventilating and Air Conditioning (HVAC) systems and thermal dynamics (energy
efficiency) systems of the administrative office building.
DISCUSSION
In late 1999 it was determined that the increase in administrative staff positions would
necessitate the need for additional space within the existing administrative office building at
330 Distel Circle in Los Altos. A staff committee was formed to prepare a draft plan, which
outlined possible solutions. Management Team reviewed the plan, approved it in concept,
again circulated the proposed plans back to staff for comment, and recommended that an
architect be retained to generate plans, specifications, and bid documents. It was also
recommended that the architect assist in the permitting, contractor selection and construction
administration. Stanley Panko, Architect, of San Mateo, was chosen to provide these
architectural services. In addition to the interior architectural office improvements, it was
determined that certain other repairs and improvements to the building were necessary to bring
the building up to current building and safety codes, including:
i
• the installation of two electrical sub-panels to meet current and future needs;
• the refitting of the heating and air conditioning return-air equipment in the `tenant' side
of the building, similar to the upgrade in the District's portion of the building
completed some years previously;
• the installation of upgraded thermostats and controls for the overall heating and air
conditioning system in order to increase efficiency; and
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 okpwl U`�sr
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane little, Nonette Hanko,Betsy Crowder, Kenneth C. Nitz •Genera!Manager.L.Craig Britton
R-00-157 Page 2
• the installation of a fire-rated entry door in the lobby area leading to the currently
unused space adjacent to the tenant space.
Mr. Panko's scope of work was expanded to include not only architectural plans, but
mechanical and electrical engineering plans as well. Consequently, Mr. Panko's fees are
expected to increase by $7,500, which will change the total amount of his contract from
$24,000 to $32,500. This revised contract amount exceeds the General Manager's spending
limit of$10,000 for professional services for this project. The Board is requested to authorize
the total amount of$32,500 to be paid to Panko Architects.
Though not directly related to the planned modifications to the main office, the Enterprise
Program solicited three bids for roofing repairs, and partial re-roofing of the administrative
office building. Planning is now coordinating this roof repair in conjunction with the office
improvement project. The original bidders will be notified of this development, and their
names will be forwarded to interested general contractors bidding the overall office
improvement project.
Project Costs
An outline of the main components of the improvement project and estimated costs is attached.
A more detailed engineer's cost estimate will be prepared for the District by a local general
contractor and a cost-estimating company to gauge the cost effectiveness of the bids. Bid
documents will be prepared with bid alternate "adds" and "deducts" so that the District will
have the ability to include or exclude certain features of proposed work on the basis of their
cost effectiveness and availability of funds. The roof repair segment of the bid proposal will
be formatted as an "alternate deduct", scheduled for Spring 2001, so that staff can assess its
cost effectiveness (particularly in relation to any energy-efficient initiatives that might be
determined later), and accept or reject the cost of that item.
On November 27, 2000, the Administration and Budget Committee discussed the proposed
improvements to the administrative office building. The Committee suggested that certain
other improvements might be considered to make the building more energy-efficient, such as
replacing the existing windows with thermal-pane glass in the exterior walls and utilizing solar
energy (phototactic) panels mounted on the roof. Particularly in light of the recent increase in
energy costs, staff agrees that such elements would be desirable, if cost effective; therefore,
further study is warranted. However, since the plans and specifications for the current
improvement project are completed and need to be implemented as soon as possible, staff
recommends that any additional energy-efficiency improvements be considered in a subsequent
project. Further, the cost of the subsequent improvements would probably not be reduced
proposal. Staff recommends that proposals be
i nifi tl b being included in the current
s can
g Y Y gP P
solicited from professional consultants to assess the energy-efficiency potential for the entire
building.
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R-00-157 Page 3
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At the March 22, 2000 meeting, you approved the fiscal year 2000-2001 budget (see report R-
00-43), which included $90,000 for office improvements in the Administration Program
budget. This amount included $75,000 for the office improvement project (including
architectural services) and $15,000 for a portion of the roof repairs project. In addition, the
Enterprise Program had also budgeted $5,000 for the roof repairs. The roof repair segment of
the office improvement project would be implemented in the spring of 2001 (Fiscal Year 2001-
2002). Expenditures, totaling $23,870 to date (since December 1999), have been spent for
design and engineering only. The estimated total that would be needed in Fiscal Year 2000-
2001 to complete the Office Improvement project is $290,000 (requiring that the current
budget be augmented by $200,000). This amount will be more accurately determined once
bids have been received from the general contractors. Staff will make every effort to insure a
sufficient number of bids from qualified general contractors for this project. Those bids will
be presented to the Board in January 2001, provided the Board authorizes staff to solicit bids
for the work.
The estimates above do not include a budget to contract professional services for energy
efficiency assessment of the building. This amount would likely be about $25,000, and would
be set forth in proposals submitted by interested consultants.
In principle, the Administrative Budget Committee has concurred with these recommendations,
including the additional costs of this project.
Prepared by:
John Cahill, Planner II
Contact Person:
Same as above
Schedule for Office Improvements
December 2000 Prepare Bid Documents
January 2001 Solicit Bids for Office Improvements Project
Conduct Pre-Bid Meeting
Conduct Bid Opening
Determine Low Qualified Bidder
Determine Scope of Work to be Contracted
Board Approval to Award Contract
Obtain Necessary Building Permits
Pre-Construction Meeting (Notice to Proceed)
Request Proposals for Assessment of Energy Efficiency of Main
Office Building
February 2001 Start Construction on Office Improvements
Receive Requests for Energy-Efficiency Assessment
Review by Staff
March 2001 Complete Construction of Office Improvements
Board Approval for Notice of Completion
Authorization by Board for Energy-Efficiency Assessment Contract
April 2001 Conduct Energy-Efficiency Assessment
May 2001 Roof Repair Segment of the Project(Start & Complete)
2 weeks (maximum)—weather permitting
Prepared By: John Cahill, Planner 11
December 8, 2000
Main Components of the Office Improvement Project with Estimated Costs
P P
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Architectural Alterations Itemized Costs Totals
1. New Office Spaces $ $ 26,000
Convert existing copy room into two separate office spaces. Install exterior window
and interior door on Operations Manager's Office. Convert existing map file to desk
area for visiting field staff(i.e. Area Superintendents et al)
2. New Map Room/Copy Room 36,000
Convert existing storage and audio-visual room into a combined
copy room/map room with enlarged & improved work space (existing storage room
will be moved to former tenant's space)
3. Board Room Improvements 4,500
Install electrical and audio-visual outlets into the floor (beneath the table) and ceiling
(to accommodate the digitalprojector)
4. Electrical Improvements To Accommodate Architectural Upgrades 40,000
5. Various incidental improvements 19,000
• Sound insulation between certain works aces 2,000
• Architectural alterations to certain walls and doors to accommodate use changes 13,000
• New entry door from lobby to former tenant's space _+___ 4,000
Total for Architectural Alterations $ 125,500
Mechanical and Electrical Alterations for New Mechanical Work
1. Upgrades to Heating, Ventilating and Air Conditioning (HVAC) Systems 54,000*
• Rebuild return airs stem in tenant's space to comply with current building codes 40,000
• Upgrade and reposition thermostats for greater efficiency and update relays 10,000*
• Replace existing very large electrical hot water heater with a smaller more cost-
effective gas unit (possibly an "on demand" 4,000*
2. Electrical Upgrades 46,000*
• Add two new subpanels (one to the tenant's space and one to the new copy room)
to accommodate the need for additional circuitry currently unavailable 30,000*
• Replace various outdated and inefficient light fixtures 10,000*
• Install exhaust fan in electrical room to reduce heat caused by switches 1,000
• Minor wiring details and additional outlets in various areas 5,000*
Total for Mechanical and Electrical Alterations $ 100,000
Bid Alternate (Additions)
1. Staff Room/Kitchen Expansion 20,000
Expand room approximately 4 feet by relocating exterior wall (this item will be bid as
an "Alternate Add")
2. Long Ride Meeting Room Expansion 20,000
Expand room approximately 4 feet by relocating exterior wail (this item will be bid a
An "Alternate Add")
Bid Alternate (Deduction)
Re-roof Tenant Space Area (including the kitchen area) 24,920
Total for All Proposed Improvements $ 290,420
Fees and Permits
Permits from the City of Los Altos (Allowance) 5,000
Design and Engineering Fees 32,500
Total for Fees and Permits $ 37,500
GRAND TOTAL $ 327,920
* These costs are waiting for pricing by a qualified contractor
Regional" Open 5, ce
R-00-159 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 00-35
December 20, 2000
AGENDA ITEM 4
AGENDA ITEM
Proposed Restructuring of Public Affairs Department and/Amendment to the Position Classification and
Compensation Plan
GENERAL MANAGER'S RECOMMENDA
1. Approve the replacement of the vacant Visitor Services Supervisor position with the Community
Programs Specialist position, and assign it a salary range of Step Number 271 to 296,with a
corresponding monthly salary range of$4,184 to $5,366.
2. Approve the creation of the new Public Affairs Specialist position and assign it a salary range of
Step Number 256 to 281,with a corresponding salary range of$3,604 to$4,622.
3. Authorize the filling of both the Community Programs Specialist and the Public Affairs Specialist
positions.
4. Approve the attached corresponding amendments to the Position Classification and
Compensation Plan.
DISCUSSION
Background
The Public Affairs Department currently includes the following positions: Public Affairs Manager; Public
Affairs Assistant;Visitor Services Supervisor(vacant);Volunteer Coordinator; Docent Coordinator;and
Seasonal Interpretive Aide. The department has,on occasion, also secured the help of part-time temporary
staff, including interns,and relies on consultants for publications and graphic production projects.
The move of the volunteer programs from Operations to Public Affairs in 1997 created the addition of
one half-time-equivalent position to the Department. At that time,the Visitor Services Supervisor position
was to allocate half of the incumbent's allocated time to supervision of the Docent and Volunteer
programs and interpretive work,and the remaining half of the position to other Public Affairs activities.
Eventually,that time was focused on maintenance of the District's web site. With the exception of the
addition of this half-time position,the Public Affairs Department has not since expanded.
Meanwhile,the District has grown,as has public interest in,and media scrutiny of, its programs and
decisions. The Public Affairs Manager and Public Affairs Assistant have struggled to meet growing
interdepartmental,public, and media needs,while serving primarily in a reactive, as opposed to a
strategically planned,proactive community relations capacity. District media and outreach tools are
outdated amidst the most competitive,high-tech media market in the world.
The District has also undertaken important new managerial initiatives and commitments that will require
more of the Public Affairs Manager's time. The Manager already serves in a dual role,both as department
manager and chief public information officer. The Manager must also be able to allocate attention to
development of clear public communications,publications,and other procedural and policy guidelines.
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,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C. Nitz • General Manager:L.Craig Britton
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R-00-159 Page 2
In addition,the District is planning some of the most exciting projects in its history: extension of District
boundaries to include the San Mateo Coastal area and potential pursuit of a District funding measure
campaign; in addition to heightened legislative, lobbying and event planning activity to obtain federal
cleanup funding for Mt. Umunhum;preserve tours for elected representatives from both San Mateo and
Santa Clara Counties; advocacy of major legislative or ballot funding measures and other cooperative
lobbying efforts on behalf of the Bay Area Open space Council and/or a state parks bond; increased
participation in community events; additional community presentations; and advanced polling to support
the aforementioned projects.
Public demand for most Docent and Volunteer programs approaches their planned capacity as well.
Commitments to youth interpretive programs have yet to be planned and met. Meanwhile,the District is
well-situated to analyze and create strategic plans for providing new interpretive and outdoor volunteer
opportunities for the community,thereby fostering local District pride;constituents' appreciation of the
benefits offered by the District; and an ecological ethic in the next generation of District constituents.
PROPOSAL
In acknowledgement of the need for additional Public Affairs staff resources, and, in particular, for
enhanced community services,the Public Affairs Department would restructure somewhat and hire one
additional position this fiscal year.
The former Visitor Services Supervisor position was a uniquely hybridized position, including
supervisorial, interpretive,and web site responsibilities. In recognition of the fact that it may be difficult
to find an individual possessing all of these skills in a search for new candidates,and in order to allocate
more attention to the District's Volunteer, Docent,and interpretive programs, it is recommended that the
position be restructured to focus exclusively on these programs, in a supervisorial capacity.
In order to more effectively meet the public information,media relations,and advocacy objectives of the
District, it is recommended that the new position of Public Affairs Specialist be created,to work closely
with the Public Affairs Manager and assume select"Public Information Officer,"event-coordination, and
other Public Affairs responsibilities. (See attached draft class specifications).
BUDGET CONSIDERATIONS
Unexpended staffing funds remain in the Public Affairs budget this fiscal year,due to an extended
vacancy in the former Visitor Services Supervisor position. Since it is unlikely that new candidates will
be hired for the proposed positions until approximately 4 to 6 weeks prior to the end of the fiscal year,no
new funding needs are anticipated for this fiscal year. If you approve the net addition of one full-time
position to the department,new budget allocation for that position will be included in the fiscal year
2001-2002 budget.
The Administration and Budget Committee has reviewed the concept of this proposed restructuring and
indicated the proposal should now advance to the Board with their support.
Prepared by:
Stephanie Jensen,Public Affairs Manager
Contact person:
Same as above
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Midpeninsula Regional Open Space District
Position Classification and Compensation Plan
Effective 04/01/2000
Revised 1 212 012 000
Classification Step Range Hourly Range Monthly Range Annual Range
Receptionist/Administrative Clerk 219- 244. $14.389 -$18.453 $2,494 - $3,198 $29,929 - $38,381
Farm Maintenance Worker 233.- 258. $16.539 -$21.211 $2,867 - $3,677 $34,402 - $44,118
Open Space Technician 233.- 258. $16.539 -$21.211 $2,867 - $3,677 $34,402 - $44,118
Administrative Assistant 234.- 259. $16.705 .$21.423 $2,896 - $3,713 $34,746 - $44,560
Lead Open Space Technician 238- 263. $17.383 -$22.293 $3,013 - $3,864 $36,157 - $46,369
Public Affairs Assistant 239.- 264. $17.557-$22.516 $3,043 - $3,903 $36,519 - $46,833
Real Property Assistant 239- 264. $17.557-$22.516 $3,043 - $3,903 $36,519 - $46,833
Senior Administrative Assistant 244.- 269. $18.453 -$23.664 $3,198 - $4,102 $38,381 - $49,221
Planning Technician 246- 271. $18.823 -$24.140 $3,263 - $4,184 $39,153 - $50,211
Ranger 246.- 271. $18,823 -$24.140 $3,263 - $4,184 $39,153 - $50,211
Network Specialist 249.- 274. $19.394-$24.871 $3,362 - $4,311 $40,339 - $51,732
Accounting Specialist 249.- 274. $19.394-$24.871 $3,362 - $4,311 $40,339 - $51,732
Volunteer Coordinator 251.- 276. $19.784-$25.371 $3,429 - $4,398 $41,150 - $52,772
Docent Coordinator 251.- 276. $19.784-$25.371 $3,429 - $4,398 $41,150 - $52,772
Equipment Mechanic Operator 254.- 279. $20.383 -$26.140 $3,533 - $4,531 $42,397 - $54,371
Public Affairs Specialist 256.- 281. $20.793 -$26.665 $3,604 - $4,622 $43,249 - $55,464
Open Space Planner 1 256.- 281. $20.793 -$26.665 $3,604 - $4,622 $43,249 - $55,464
Maintenance&Construction Supervisor 261- 286. $21.853 -$28.026 $3,788 - $4,858 $45,455 - $58,293
Supervising Ranger 261.- 286. $21.853 -$28.026 $3,788 - $4,858 $45,455 - $58,293
Resource Management Specialist 271.- 296. $24.140-$30.958 $4,184 - $5,366 $50,211 - $64,392
Open Space Planner 11 271,- 296. $24.140-$30.958 $4,184 - $5,366 $50,211 - $64,392
Land Protection Specialist 271,- 296. $24.140-$30.958 $4,184 - $5,366 $50,211 - $64,392
Community Progarms Specialist 271.- 276. $24.140-$25.371 $4,184 - $4,398 $50,211 - $52,772
Support Services Supervisor 271- 296. $24.140-$30.958 $4,184 - $5,366 $50,211 - $64,392
Management Analyst 275- 300. $25.120-$32.215 $4,354 - $5,584 $52,250 - $67,007
Senior Planner 281- 306. $26.665 -$34.202 $4,622 - $5,928 $55,464 - $71,140
Senior Acquisition Planner 281- 306. $26.665 -$34.202 $4,622 - $5,928 $55,464 - $71,140
Real Property Representative 281.- 306. $26.665 -$34.202 $4,622 - $5,928 $55,464 - $71,140
Area Superintendent 281.- 306. $26.665 -$34.202 $4,622 - $5,928 $55,464 - $71,140
Attorney 286- 311. $28.026 -$35.951 $4,858 - $6,232 $58,293 - $74,778
Public Affairs Manager 291- 316. $29.455 -$37.790 $5,106 - $6,550 $61,267 - $78,602
Planning Manager 301.- 326. $32.538 -$41.754 $5,640 - $7,237 $67,679 - $86,847
Operations Manager 301.- 326. $32.538 -$41.754 $5,640 - $7,237 $67,679 - $86,847
Administration/Human Resources Manager 301.- 326, $32.538 -$41.754 $5,640 - $7,237 $67,679 - $86,847
Land Acquisition Manager 301.- 326. $32.538 -$41.754 $5,640 - $7,237 $67,679 - $86,847
Assistant General Manager 316.- 341, $37.790-$48.493 $6,550 - $8,405 $78,602 - 100,865
** Does not include Board appointees: General Manager, Legal Counsel,Controller
The salary range for Seasonal Open Space Technicians is$13.56 to$14.97 per hour with actual individual rate to be determined at time of hire. Range is 20
points below Open Space Technician range.
Salary ranges determined on 40 hour per week basis.
MIDPENINSuLA R& AL OPEN SPACE DISTRICT
DRAFTPUBLIC AFFAIRS SPECIALIST
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the
class. Specifications are not intended to reflect all duties performed within the job.
JOB OBJECTIVES
To perform a variety of professional level duties in support of the District's public affairs program; to
participate in creating and maintaining a high level of positive public awareness of the District through a
variety of public information mechanisms; to provide information and assistance to the general public,
outside organizations, and the media; and to perform a variety of tasks relative to assigned area of
responsibility.
EXAMPLES OF IMPORTANT RESPONSIBILITIES
The following tasks are typical for positions in this classification. Any single position may not perform all of these
tasks and/or may perform similar related tasks not listed here:
1. Screen incoming media calls; respond to select media inquiries in Public Affairs Manager's absence;
work with the Public Affairs Manager to propose District stories to the media; draft press releases.
2. Respond to public inquiries; work with the Public Affairs Assistant to identify common inquiries and
develop template responses.
3. Conduct various community outreach activities; make presentations to various service clubs,
professional associations, and other audiences;represent District at fairs and other events.
4. Draft correspondence and text for a variety of uses including memos,letters-to-the-editor, web pages,
maps, and other materials; write articles for various District publications; assume major editorial
responsibility for the District's quarterly newsletter.
5. Coordinate production of maps, brochures, newsletters, annual reports, and other promotional
materials.
6. Research legislation and policy as directed by the Public Affairs Manager.
7. Coordinate large event production.
8. Provide services to other District programs, as directed by Public Affairs Manager, including grant
application support, attendance and input at meetings, creation of flyers, service on various staff
committees, and preparation of associated staff reports,memos, and correspondence.
9. Work with Community Programs Specialist and/or Coordinators to augment publicity of volunteer
programs and activities.
10. Monitor and analyze media coverage; research publicity/media opportunities; identify and
recommend strategic web site placement and links.
11. Research, identify, and work with Public Affairs Assistant to implement optimal media/outreach
tools,technologies, and lists.
12. Implement public surveys; co-create survey reports.
13. Respond to surveys and other detailed requests for information from other agencies and
organizations.
MIDPENINSULA REGIONAL OF PACE DISTRICT
Public Affairs Specialist(Continued)
14. Write requests for proposals; identify prospective vendors; work with consultants and vendors as
necessary.
15. Create,maintain, and update biographical information for all Board Directors and managers.
16. Select, supervise,evaluate, and direct the work plan for assigned staff and/or interns.
17. Perform related duties and responsibilities as required.
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QUALIFICATIONS
Knowledge of•
Principles and practices of public and community relations and outreach.
Methods and techniques of public speaking.
Basic principles and practices of graphic design and print production.
Understanding of design concepts and applications.
Principles and practices of databases management.
Methods and techniques of writing and editing for media and public information purposes.
Principles and applications of marketing communications.
Modern office procedures, methods, and computer equipment, including pertinent software
applications.
Principles of letter and report writing and editing.
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Abili to:
Participate in the overall functioning of a comprehensive public affairs program.
Oversee and direct the work of assigned staff and/or interns.
Select, supervise, train, and evaluate assigned staff and/or interns.
Plan and coordinate various public relations activities and events.
Create a variety of public information materials.
Communicate District objectives,policies and procedures to the public and other organizations.
Serve as first contact for the District with the media.
Respond to requests and inquiries from the general public.
Make presentations in public.
Research and monitor changing legislation.
Research, analyze and evaluate new service delivery methods and techniques.
Operate and use modern office equipment including a computer and various software packages.
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Communicate clearly and concisely,both orally and in writing.
Establish and maintain effective working relationships with those contacted in the course of work.
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MIDPENINSULA REGIONAL Of PACE DISTRICT
Public Affairs Specialist(Continued)
Education and Experience Guidelines
Any combination of education and experience that would likely provide the required knowledge and abilities is
qualifying. A typical way to obtain the knowledge and abilities would be:
Education•
Equivalent to a Bachelor's degree from an accredited college or university with major course
work in public relations, communications,business administration or a related field.
Experience•
Three years of increasingly responsible experience in a public affairs or community outreach
program.
PHYSICAL DEMANDS AND WORKING CONDITIONS
The physical demands herein are representative of those that must be met by an employee to successfully perform
the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities
to perform these essential job functions.
Environment: Office environment; extensive public contact.
Mobility: Sitting for prolonged periods of time; occasionally moving boxes.
Vision: Visual acuity to review written materials.
Communication: Speaking and hearing to exchange information; conduct public presentations.
Exempt
Approved by the Board of Directors
Revised,Johnson&Associates: December 2000
MIDPENINSULA REG..NAL OPEN SPACE DISTRICT
DRAFT
COMMUNITY PROGRAMS SPECIALIST
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the
class. Specifications are not intended to reflect all duties performed within the job.
JOB OBJECTIVES
To supervise and coordinate development of District volunteer, interpretive, and community services
programs; to promote a strong field volunteer program and ensure provision of high-quality cultural,
historical, and environmental education opportunities to the public; to coordinate assigned activities with
other divisions, outside agencies, and the general public; and to perform a variety of tasks relative to
assigned area of responsibility.
EXAMPLES OF IMPORTANT RESPONSIBILITIES
The following tasks are typical for positions in this classification. Any single position may not perform all of these
tasks and/or may perform similar related tasks not listed here:
1. Coordinate the_organization, staffing, and operational activities of the District's volunteer and
interpretive programs; identify work projects common to volunteer and docent programs; facilitate
efficiency by assuming responsibility for joint projects including research, legal, database,
administrative, and budgetary matters.
2. Direct, coordinate, and review the work plan for assigned volunteer and interpretive services and
activities; assign work activities and projects; monitor workflow;review and evaluate work products,
methods, and procedures; meet with staff to identify and resolve problems; coordinate the production
of large interpretive and volunteer appreciation program events.
3. In consultation with the Coordinator of Volunteer Programs, develop a long-range volunteer
programs plan and serve as a resource for new program ideas including development of volunteer
screening guidelines and recruitment, retention, and recognition opportunities; participate in
forecasting District needs and identify newsworthy project opportunities; provide direction to staff
regarding the development of volunteer program standards,policies, objectives,and procedures;plan,
conduct, or assist with volunteer training sessions.
4. In consultation with the Coordinator of Docent Programs, develop a long-range interpretive plan and
serve as a resource for interpretive program ideas,environmental education activities,and natural and
cultural history information.
5. Oversee the operation of the District's nature center; ensure the center is well maintained and fully
staffed; plan new nature exhibits and write text for displays; work with contract exhibit designers to
create, install,and repair exhibits.
6. Develop, implement, evaluate, and revise environmental education programs for school children;
create and revise program materials.
7. Make presentations to various service clubs and other audiences; represent District at fairs and other
events to represent community programs.
8. Respond to program-related public inquiries; work with Public Affairs Assistant to identify common
inquiries and develop template responses.
9. Work with Public Affairs Manager, Specialist, and/or Coordinators to increase capacity of and
augment publicity and media coverage of select volunteer programs and activities.Develop schedules
MIDPENINSULA REGIONAL OPL'1m SPACE DISTRICT
Community Programs Specialist(Continued)
and calendars for production of community program newsletters;review draft newsletters for content;
edit for grammar, spelling, and accuracy; collaborate with Volunteer and Docent Coordinators to
optimize layout and graphics for newsletters.
10. Develop and edit text for a variety of uses, including memos, correspondence, cultural/
natural/historical interpretive signboards,web pages,maps,District brochures,and other publications;
ensure all program materials, signboards, and web pages are updated and kept current; revise and
update Volunteer Handbook and the Volunteer brochure; contribute articles to the District's quarterly
newsletter and community program newsletters.
11. Select, train, motivate, and evaluate assigned personnel; provide or coordinate staff training; work
with employees to correct deficiencies.
12. Participate in the development and administration of assigned program budget; work with program
coordinators to forecast funds needed for staffing, equipment, materials, and supplies; monitor and
approve expenditures; recommend adjustments as necessary.
13. Coordinate community programs activities with those of other divisions and outside agencies and
organizations; coordinate cross-departmental and Public Affairs resources and work products as
necessary in support of a productive team environment; work cooperatively in a professional manner. j
14. Provide services to other District programs, as directed by Public Affairs Manager, including
attendance and input at meetings, creation of flyers, service on various staff committees, and
preparation of associated staff reports,memos, and correspondence.
15. Identify prospective vendors; work with consultants and vendors as necessary.
16. Perform related duties and responsibilities as required.
QUALIFICATIONS
Knowledge of•
l Operational characteristics services and activities of a vol
unteer program.
Modern and complex principles and practices of volunteer program development and management.
Principles and practices of environmental science, education, and interpretation.
Methods and techniques of designing exhibits for educational purposes.
Botany, wildlife, geography, and resource issues.
Principles of budget preparation and control.
Principles of supervision, training,and performance evaluation.
Pertinent Federal, State,and local laws, codes, and regulations.
Ability to:
Supervise, direct, and coordinate the work of assigned staff.
Select, supervise, train, and evaluate assigned staff.
Develop, implement, evaluate, and revise environmental education programs.
Oversee the operations of the District's nature center.
Design and oversee the installation of educational exhibits and displays.
Regional Open *ce
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
7,0
INTER-OFFICE MEMORANDUM M,
To: C. Britton, General Manager
&kz_ C1�
From: Williams, Real Property Representative
Date: December 20, 2000
Subject: Pizarek Property Addition to Sierra Azul Open Space Preserve
Escrow closed for the subject transaction on December 15, 2000 and title to and possession of this
12.81 acre parcel passed to the District.
I am not aware of any use and management concerns that were not addressed in the staff report to the
Board. In accordance with the public notification policy, and since there were no public and/or
adjoining owner comments which might require amendment to the use and management
recommendations, close of escrow marks the final adoption of the preliminary use and management
plan recommendation as tentatively approved by the Board of Directors at their meeting of November
15, 2000.
DEDICATION/ACQUISITION CHART INFORMATION
Ownership Status:
Preserve/Area County/A.P.N. Grantor Acres (Fee,Easement,Lease, Board Approval
Mgmt Agmt.) Date/Res.No.
Sierra Azul Santa Clara Pizarek 12.81 Fee 11-15-00
Mt. Umunhurn 562-20-002 -1 1 00-66
Mgmt. Status: Dedication Date/
Status:
Closing Date (Open,Closed,CMU, Type Purchase Price GIS Code
or Other) (Intended
Withheld)
12-15-2000 Closed Withheld Cash $160,000.00
Misc. Notes:
cc: Board of Directors
D. Dolan
Operations
Accounting
Planning
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,Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz *General Manager:L.Craig Britton 46
•
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Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
To Board of Directors
From: L. Craig Britton, General Manager
Date: December 20, 2000
Re: FYI's
330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200
Fax:650-691-0485 • E-mail:mrosdoopenspace.org • Web site: www.openspace.org
(e.g. MROSD Amphibian Survey) the information is used to supplement the Natural
Diversity Database. In addition to the Red-Legged Frog, the Foothill Yellow-Legged
Frog, Sharp-shinned Hawk and Golden Eagle have been observed on District lands. We
also have California Tiger Salamander habitat,but the critters have not been observed on
District lands. In addition, the District's GIS includes regional data sets of vegetation and
habitat maps that show where potential habitat may occur. Sierra Azul is the first area in
the District to be the subject of intensive resource surveys.
Habitat preservation and enhancement. In addition to the restoration projects under way,
we can protect and enhance additional habitat and there are some selected grants
available to do so. A committee of Planning and Operations staff is drafting a five-year
strategic plan for the Resource Management Program. One of the primary goals is to take
a proactive approach to resource management that includes prioritizing the resources in
pp g p g
need of attention,plan for their management and implement plans for preservation and
enhancement. We hope to focus next year's Planning and Resource Management Work
Programs in this direction.
2
Regional Open *ce
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
1
MEMORANDUM
TO: L. Craig Britton, General Manager
FROM: Cathy Woodbury, Planning Manager]
With Contributions b Jodi Isaacs, Resource Management Specialist d
J aac Seca an
Y � g p
Matt Freeman, Open Space Planner H
DATE: December 14, 2000
SUBJECT: Red-Legged Frogs on District Lands
Red-Legged Fro Habitat on District Lands. The District's amphibian survey work
gg � P Y
(Seymour and Westphal, 2000) found 13 occupied Red-Legged Frog locales on District
lands. Although the study was not exhaustive, it concluded that the District's lands
provide significant refuge for the species. The most significant breeding population was
found in sag ponds along the San Andreas Rift Zone in Monte Bello Open Space
Preserve on upper Stevens Creek. Further, the U.S. Fish and Wildlife Service is
proposing designation of critical habitat for the Red-Legged Frog that includes "...coastal
watersheds within San Mateo County and Northern Santa Cruz County that drain into the
Pacific Ocean..."which basically includes much of the District's lands.
Protection of Red-Legged Frogs. Given the designation, the Santa Cruz Mountains
Bioregional Council will be holding a panel discussion at the MROSD Main Office on
January 4, 2001 entitled"Management of California Red-Legged Frog Habitat in Light of
Federal Listing and Critical Habitat Designation". Panelists will include representatives
from government wildlife agencies, public land management agencies, biological
consulting firms, and others. (Jodi is on the Steering Committee and organized this
meeting).
Red-Legged Frogs near Jikoji. The Red-Legged Frog habitat around the drainage and
lake at Jikoji exhibits signs of feral pig intrusion. As of this writing, there is no data
available regarding the impact of the pigs on the Red-Legged Frog. However,the pig
activity degrades water quality and we speculate that a pig would likely eat any frogs
encountered. We discussed fencing the habitat area, however, we recommend not taking
action until we have the benefit of more scientific information and guidance from the
environmental agencies, which we expect to receive at the January 4 meeting.
Other endangered, rare, threatened and candidate species on District lands. The District's
GIS includes the Natural Diversity Database compiled by the California Department of
Fish and Game, which contains information about all State and Federal listed species.
The database, updated annually, shows where species have been observed rather than
being a comprehensive survey. As consultants conduct focused surveys on District land
I
I
p
Regional Open Space
g p
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
To Board of Directors
From: L. Craig Britton, General Manager
Date: December 15, 2000
Re: FYI's
330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200
Fax:650-691-0485 • E-mail:mrosdOopenspace.org • Web site: www.openspace.org
Claims No. 00-21
Meeting 00-35
Date: Dec. 20, 2000
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
2729 42.50 Points of Light Foundation Membership Dues-P. McKowan
2730 18.00 Rancho Cleaners Sewing Services-Sew on Patches
2731 6.02 Rancho Ace Hardware&Garden Shop Key Duplication
2732 538.00 Lori Raymaker Reimbursement--NAI Conference
2733 182.18 Recreational Equipment, Inc. Uniforms
2734 5.15 Roberts Hardware Electrical Supplies
2735 643.54 Roy's Repair Service Vehicle Maintenance&Repairs
2736 255.47 R. S. Hugh Company Inc. Gloves
2737 375.90 Russ Enterprises, Inc. Signs
2738 905.68 San Jose Mercury News Recruitment Advertisement
2739 1,291.30 Shute, Mihaly&Weinberger LLP Legal Services
2740 290.25 Skyline County Water District Water Services
2741 1,200.00 Slaght Living Trust Ranger Resident Rental Agreement
2742 220.11 Sandra Sommer Reimbursement--Office Supplies/Vehicle
2743 127.01 *2 Sonia's Deli Local Business Meeting Expense
2744 922.92 Stevens Creek Quarry, Inc. Road Repair Materials
2745 1,407.26 Summit Uniforms Uniforms
2746 65.00 Terminix International Pest Control Services
2747 25,000.00 Urrere Living Trust Urrere Acquisition
2748 3,300.46 United Rentals Rental Equipment
2749 225.00 Verio Internet Provider
2750 389.92 Visa Business Meeting Expense&Airfare
2751 698.40 Rich Voss Trucking Company Baserock Trucking Fees
2752 44.56 Douglas Vu Reimbursement--Office Supplies
2753 56.32 Xpedite Systems, Inc. Fax Broadcast Services
2754R 134.88 Matt Freeman Vehicle Expense
2755R 3,336.20 Rana Creek Habitat Restoration Grassland Management-Russian Ridge
2756R 470.50 Ana Ruiz Reimbursement-Tuition Fees
2757R 500.00 United States Postmaster Postage
2758R 332.17 Michael Williams Vehicle Expense
2759R 1,943.48 Tax Collector-Santa Clara County Bear Creek Redwoods Taxes
Total 466,959.19
*** In the event the Agenda Item is not approved, this claim will not be processed.
*1 Urgent Check Issued December 13, 2000
*2 Urgent Check Issued December 14, 2000
Page 2
Claims No. 00-21
Meeting 00-35
Date: Dec. 20, 2000
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
2679 189.43 Acme&Sons Sanitation Sanitation Services
2680 125.00 American Planning Association Website Recruitment Advertisement
2681 1,505.00 American Red Cross Emergency Response Training
2682 1,030.05 Randy Anderson Coastal Service Plan Consultant
2683 712.50 Andreini Bros., Inc. Equipment Rental Services
2684 179.55 Ang Newspapers Recruitment Advertisement
2685 187.98 Artech Laminating Lamination Supplies
2686 53.39 AT&T Telephone Services
2687 334.95 A T&T Wireless Services Cellular Phone Service
2688 173.64 Barron Park Supply Co. Field Supplies
2689 618.32 Beck's Shoes Uniform Boots
2690 181.00 Bill's Towing Services Vehicle Towing
2691 170.75 California Water Service Company Water Service
2692 1,520.00 Camino Medical Group Medical Services-Audiograms
2693 177.98 Contemporary Engraving Plaque Engraving
2694 258.59 Costco Wholesale Office Supplies
2695 316.00 Alice Cummings Sierra Azul Resource Inventory Project
2696 75.00 Jim Davis Automotive Vehicle Smog Testing
2697 4,310.64 Design Concepts Graphic Designs-Newsletter/Misc. Projects
2698 54.55 John Escobar Reimbursement-Local Business Meeting
2699 145.00 Evergreen Environmental Services Waste Oil Recycling
2700 34.76 Film To Frame Film and Batteries
2701 79.98 Foster Brothers Security Systems, Inc. Vehicle Keys
2702 228.24 Gardenland Power Equipment Field Supplies
2703 54.32 G&K Services Shop Towel Services
2704 402.87 Home Depot Field Supplies
2705 914.71 Interstate Traffic Control Sign Supplies
2706 212.12 Jodi Isaacs Reimbursement-Office Supplies
2707 751.73 Kinko's Copy Services
2708 477.47 *1 Koo Koo Roo Staff Holiday Event Caterer
2709 34.10 Langley Hill Quarry Baserock
2710 299.00 Lanier Worldwide, Inc. Copier Agreement Lease
2711 275.00 Law Enforcement Psychological Services, Inc. Recruitment Psychological Services
2712 90.00 Los Altos Town Crier Recruitment Advertisement
2713 58.80 John Maciel Vehicle Expense
2714 44.55 Paul McKowan Reimbursement--Postage
2715 1,394.91 MetroMobileCommunications Radio Repairs and Maintenance
2716 206.04 Minton's Lumber&Supply Field Supplies
2717 360.00 Montgomery Highlands Association c/o John Weiss Legal Services
2718 794.11 Navarone Mailing Services Postage/Newsletter&Outdoor Activities
2719 399,000.00 *** North American Title Company Fletscher Acquisition
2720 1,212.65 Office Depot Office Supplies
2721 730.09 Orchard Supply Hardware Field Supplies
2722 952.67 Pacific Bell Telephone Services
2723 260.81 Palo Alto Weekly Recruitment Advertisement
2724 51.93 Loro Paterson Reimbursement--Film
2725 134.23 Peninsula Blueprint Maps Printing
2726 261.35 PIP Printing Ordinance Booklet Printing
2727 300.59 Pitney Bowes Credit Corp. Postage Machine Lease
2728 94.66 Pitney Bowes Inc. Postage Supplies
Page 1
Claims No. 00-21
Meeting 00-35
Date: Dec. 20, 2000
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
2729 42.50 Points of Light Foundation Membership Dues-P. McKowan
2730 18.00 Rancho Cleaners Sewing Services-Sew on Patches
2731 6.02 Rancho Ace Hardware&Garden Shop Key Duplication
2732 538.00 Lori Raymaker Reimbursement--NAI Conference
2733 182.18 Recreational Equipment, Inc. Uniforms
2734 5.15 Roberts Hardware Electrical Supplies
2735 643.54 Roy's Repair Service Vehicle Maintenance&Repairs
2736 255.47 R. S. Hugh Company Inc. Gloves
2737 375.90 Russ Enterprises, Inc. Signs
2738 905.68 San Jose Mercury News Recruitment Advertisement
2739 1,291.30 Shute, Mihaly&Weinberger LLP Legal Services
2740 290.25 Skyline County Water District Water Services
2741 1,200.00 Slaght Living Trust Ranger Resident Rental Agreement
2742 220.11 Sandra Sommer Reimbursement--Office Supplies/Vehicle
2743 127.01 *2 Sonia's Deli Local Business Meeting Expense
2744 922.92 Stevens Creek Quarry, Inc. Road Repair Materials
2745 1,407.26 Summit Uniforms Uniforms
2746 65.00 Terminix International Pest Control Services
2747 25,000.00 Uffere Living Trust Urrere Acquisition
2748 3,300.46 United Rentals Rental Equipment
2749 225.00 Verio Internet Provider
2750 389.92 Visa Business Meeting Expense&Airfare
2751 698.40 Rich Voss Trucking Company Baserock Trucking Fees
2752 44.56 Douglas Vu Reimbursement--Office Supplies
2753 56.32 Xpedite Systems, Inc. Fax Broadcast Services
Total 460,241.%
In the event the Agenda Item is not approved, this claim will not be processed.
*1 Urgent Check Issued December 13, 2000
*2 Urgent Check Issued December 14, 2000
Page 2
Claims No. 00-21
Meeting 00-35
Date: Dec. 20, 2000
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
2679 189.43 Acme&Sons Sanitation Sanitation Services
2680 125.00 American Planning Association Website Recruitment Advertisement
2681 1,505.00 American Red Cross Emergency Response Training
2682 1,030.05 Randy Anderson Coastal Service Plan Consultant
2683 712.50 Andreini Bros., Inc. Equipment Rental Services
2684 179.55 Ang Newspapers Recruitment Advertisement
2685 187.98 Artech Laminating Lamination Supplies
2686 53.39 AT&T Telephone Services
2687 334.95 A T&T Wireless Services Cellular Phone Service
2688 173.64 Barron Park Supply Co. Field Supplies
2689 618.32 Beck's Shoes Uniform Boots
2690 181.00 Bill's Towing Services Vehicle Towing
2691 170.75 California Water Service Company Water Service
2692 1,520.00 Camino Medical Group Medical Services-Audiograms
2693 177.98 Contemporary Engraving Plaque Engraving
2694 258.59 Costco Wholesale Office Supplies
2695 316.00 Alice Cummings Sierra Azul Resource Inventory Project
2696 75.00 Jim Davis Automotive Vehicle Smog Testing
2697 4,310.64 Design Concepts Graphic Designs-Newsletter/Misc. Projects
2698 54.55 John Escobar Reimbursement-Local Business Meeting
2699 145.00 Evergreen Environmental Services Waste Oil Recycling
2700 34.76 Film To Frame Film and Batteries
2701 79.98 Foster Brothers Security Systems, Inc. Vehicle Keys
2702 228.24 Gardenland Power Equipment Field Supplies
2703 54.32 G&K Services Shop Towel Services
2704 402.87 Home Depot Field Supplies
2705 914.71 Interstate Traffic Control Sign Supplies
2706 212.12 Jodi Isaacs Reimbursement-Office Supplies
2707 751.73 Kinko's Copy Services
2708 477.47 *1 Koo Koo Roo Staff Holiday Event Caterer
2709 34.10 Langley Hill Quarry Baserock
2710 299.00 Lanier Worldwide, Inc. Copier Agreement Lease
2711 275.00 Law Enforcement Psychological Services, Inc. Recruitment Psychological Services
2712 90.00 Los Altos Town Crier Recruitment Advertisement
2713 58.80 John Maciel Vehicle Expense
2714 44.55 Paul McKowan Reimbursement--Postage
2715 1,394.91 MetroMobileCommunications Radio Repairs and Maintenance
2716 206.04 Minton's Lumber&Supply Field Supplies
2717 360.00 Montgomery Highlands Association c/o John Weiss Legal Services
2718 794.11 Navarone Mailing Services Postage/Newsletter&Outdoor Activities
2719 399,000.00 *** North American Title Company Fleischer Acquisition
2720 1,212.65 Office Depot Office Supplies
2721 730.09 Orchard Supply Hardware Field Supplies
2722 952.67 Pacific Bell Telephone Services
2723 260.81 Palo Alto Weekly Recruitment Advertisement
2724 51.93 Loro Paterson Reimbursement--Film
2725 134.23 Peninsula Blueprint Maps Printing
2726 261.35 PIP Printing Ordinance Booklet Printing
2727 300.59 Pitney Bowes Credit Corp. Postage Machine Lease
2728 94.66 Pitney Bowes Inc. Postage Supplies
Page 1
indefinite future time, to risk the possibility of any and all future detrimental effects from
the subject incident and therefore does hereby release the above-named RELEASEES
of any and all claims based on such possible future developments.
This agreement is to be deemed to have been jointly prepared by the parties
hereto and any uncertainty or ambiguity existing herein shall not be interpreted against
any of the parties, but according to the application of the rules of interpretation of
contracts.
Should any portion, word, clause, phrase, sentence or paragraph of this
agreement be declared void or unenforceable, such portion shall be considered
independent and severable from the remainder, the validity of which shall remain
unaffected.
The undersigned hereby authorizes the RELEASEES and their insurance carrier
to issue a draft in the sum heretofore mentioned in this release, payable to the
undersigned, and they hereby consent to and authorize the delivery of said draft to the
DISTRICT.
It is understood and agreed that this is a free and voluntary compromise
settlement of a disputed claim and that the payment of the consideration for this release
shall not be deemed to be or construed as an admission of liability to the undersigned by
the above-named RELEASEES.
DATED: BY:
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Page 2
RELEASE AND SETTLEMENT AGREEMENT
FOR AND IN CONSIDERATION of the sum of NINETY THOUSAND DOLLARS
($90,000), to and for the benefit of MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT (hereafter referred to as the "DISTRICT"), receipt hereby acknowledged,
cash in hand paid by and on behalf of GUSTAVO RABIN (hereafter referred to as
"RABIN"), the undersigned does hereby release and forever discharge RABIN, his
agents, servants, employees, insurance carriers, and all other persons, (hereinafter
sometimes referred to as "RELEASEES") of and from all claims, demands, actions, and
causes of action arising out of, or in any way connected with the destruction of trees and
vegetation at Purisima Creek Open Space Preserve on or about September 20th, 1999.
It is understood and agreed that this is a full and final release of any and all
claims of or by the undersigned arising out of the above-referenced incident. The
undersigned agrees, as further consideration and inducement for this compromise
settlement, to waive the provisions of California Civil Code Section 1542, which provides
as follows:
A general release does not extend to the claims which the creditor
does not know or suspect to exist in his favor at the time of
executing the release, which if known by him must have materially
affected his settlement with the debtor.
The undersigned acknowledges the possibility that their presently known injuries
or damages may develop into more serious conditions than now exist and the possibility
that they may have sustained injuries or damages which are not yet known, suspected
or anticipated. However, the undersigned wishes, in consideration of the payment of the
aforesaid sum and in consideration of receiving said payment now, rather than at some
Page 1
RESOLUTION 00-
RESOLUTION OF THE BOARD OF DIRECTORS
OF MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT AUTHORIZING APPROVAL OF AN
AGREEMENT WITH STATE FARM INSURANCE
COMPANY RELEASING AND SETTLING
DISTRICT CLAIMS FOR DAMAGES IN
EXCHANGE FOR THE PAYMENT OF $90,000.00
AND AUTHORIZING THE EXECUTION OF ANY
AND ALL DOCUMENTS NECESSARY OR
APPROPRIATE TO CLOSING OF THE
TRANSACTION.
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 approve the Release and Settlement Agreement attached hereto and by
reference made a part hereof, and authorizes the President or other appropriate officer to
execute the Agreement on behalf of the District.
Section Two. The General Manager is further authorized to execute any and all other
documents in escrow necessary or appropriate to the closing of the transaction.
R-00-152 Page 2
CEQA Determination
The District concludes that this project will not have a significant effect on the environment. It is
categorically exempt from CEQA(California Environmental Quality Act)under Article 19,
Section 15061(b)(3)because there is no possibility that the activity in question may have a
significant effect on the environment.
Prepared by:
Duncan Simmons, Attorney
Contact Person:
Same as above
Regional Open S ce
s
R-00-152 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 00-35
December 20, 2000
AGENDA ITEM 6
AGENDA ITEM
Proposed Settlement of Claim for Damage to District o p e at Purisima Creek Redwoods
P g P riY
Open Space Preserve
GENERAL MANAGER'S MEN TI N
1. Determine that the recommended actions are categorically exempt from the California
Environmental Quality Act(CEQA) as set out in this report.
2. Adopt the attached resolution authorizing the President to execute the Release and Settlement
Agreement with State Farm Insurance for the claim of damages to District property upon
payment of$90,000.00.
DESCRIPTION
On or about September 20, 1999, a large redwood tree was discovered to have been cut down
and dropped into a ravine at the edge of Purisima Creek Redwoods by an adjoining landowner.
Due to the tree's proximity to the privately owned parcel, the District commissioned a survey of
the relevant property boundaries and it was determined that the tree had been entirely on the
District's preserve. Several oak trees were also damaged or destroyed by the felling of the
redwood.
After the survey, the District commissioned an appraisal of the damages and thereafter submitted
a demand letter to the homeowner for compensation. The homeowner tendered the demand to
his insurance carrier, State Farm Insurance Company, and negotiations for settlement
commenced.
TERMS AND CONDITIONS
State Farm has offered to settle the matter for the sum of Ninety Thousand Dollars ($90,000.00).
Staff has reviewed the offer and believes it to be fair and equitable and in the best interests of the
District to accept in full satisfaction of the claim. In exchange for the payment, the District
would execute a Release and Settlement Agreement in the form attached to this report. Legal
counsel has reviewed the Release and Settlement Agreement and is satisfied that it protects the
interests of the District and provides appropriate compensation for the damages suffered.
CEQA COMPLIANCE
Project Description
A general release and settlement of the District's claim for damages for the loss of trees and
vegetation at Purisima Creek Redwoods Open Space Preserve.
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,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •General Manager:L.Craig Britton
RESOLUTION NO. 00-76
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space
District on December 20, 2000, at a special meeting thereof, by the following vote:
AYES: K. Nitz, L. Hassett, J. Cyr, D. Little, N. Hanko, P. Siemens, M. Davey
NOES: none
ABSTAIN: none
ABSENT: none
ATTEST: APPROVED:
f
j /
Secretary ;resident
Board of Directors Board of Directors ----�
I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that
the above is a true and correct copy of a resolution duly adopted by the Board of Directors of
the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly
held and called on the above day.
District Clerk
RESOLUTION NO. 00-76
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT DEDICATING INTERESTS IN
CERTAIN DISTRICT LANDS FOR PUBLIC OPEN
SPACE PURPOSES
The Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve as follows:
Section 1. Pursuant to Resolution No. 86-6, the Board of Directors does hereby dedicate for public open
space purposes (pursuant to Public Resources Code Section 5540) the interests in land held by the
District shown herein, except for possible development rights which might be transferred to or for the
benefit of other lands.
INTERESTS IN LAND TO BE DEDICATED
(EXCEPT FOR POTENTIAL DENSITY CREDITS)
Preserve/Area Grantor Board Closing Acreage Property
Approval Date Interest
Date -
Bear Creek Arlie June 28, 1999 July 15, 1999 260 Fee
El Sereno Moore September 10, 1975 November 3, 1975 16 Fee
Lovell April 9, 1980 _ May 9, 1980 35 Fee
Long Ridge Niswander September 27, 2000 October 31, 2000 13.15 Easement
Mills Creek Russian Convent July 26, 2000 September 15, 2000 284 Fee
Pulgas Ridge Benedetti April 12, 2000_ May 12, 2000 72.66 Fee
Rancho San Antonio Archdiocese July 13, 1977 October 11, 1977 80 Fee
Russian Ridge Quam April 12, 2000 April 21, 2000 94.8 Fee
Skyline Ridge Silva July 26, 2000 Au Est 25, 2000 136 Fee
Teague Hill Willen Corp. May 25, 1988 June 17, 1988 393.95 Fee
Block Brothers July 27, 1988 July 29, 1988 229.81 Fee
Thornewood Gano October 14, 1981 November 22, 1982 14 Fee
Procter, G. December 15, 1999 December 23, 2000 8.8 Fee
Procter, R. December 15, 1999 January 20, 2000 14.03 Fee
Procter December 22, 1986 December 30, 1986 3.4 Fee
Collins December 15, 1999 May 16, 2000 19.01 Fee
Windy Hill POST(Melchor) March 24, 1999 March 29, 1999 12.0 Fee
TOTAL: 1.666.61
RESOLUTION NO. 00-
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT DEDICATING INTERESTS IN
CERTAIN DISTRICT LANDS FOR PUBLIC OPEN
SPACE PURPOSES
The Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve as follows:
Section 1. Pursuant to Resolution No. 86-6, the Board of Directors does hereby dedicate for public open
space purposes (pursuant to Public Resources Code Section 5540) the interests in land held by the
District shown herein, except for possible development rights which might be transferred to or for the
benefit of other lands.
INTERESTS IN LAND TO BE DEDICATED
(EXCEPT FOR POTENTIAL DENSITY CREDITS)
Preserve/Area Grantor Board Closing Acreage Property
Approval Date Interest
Date
Bear Creek Arlie June 28, 1999 July 15, 1999 260 Fee
El Sereno Moore September 10, 1975 November 3, 1975 16 Fee
Lovell April 9, 1980 May 9, 1980 35 Fee
Long Ridge Niswander September 27, 2000 October 31, 2000 13.15 Easement
Mills Creek Russian Convent July 26, 2000 September 15, 2000 284 Fee
Pulgas Ridge Benedetti April 12, 2000 May 12, 2000 72.66 Fee
Rancho San Antonio Archdiocese July 13, 1977 October 11, 1977 80 Fee
Russian Ridge Quam April 12, 2000 April 21, 2000 94.8 Fee
Skyline Ridge Silva July 26, 2000 August 25, 2000 136 Fee
Teague Hill Willen Corp. May 25, 1988 June 17, 1988 393.95 Fee
Block Brothers July 27, 1988 July 29, 1988 229.81 Fee
Thornewood Gano October 14, 1981 November 22, 1982 14 Fee
Procter, G. December 15, 1999 December 23, 2000 8.8 Fee
Procter, R. December 15, 1999 January 20, 2000 14.03 Fee
Procter December 22, 1986 December 30, 1986 3.4 Fee
Collins December 15, 1999 May 16, 2000 9.01 Fee
Windy Hill POST (Melchor) March 24, 1999 March 29, 1999 2.0 Fee
TOTAL: 1,666.61
Table 1.DEDICATION STATUS SUMMARYA
File: Run Date:
LANDSOO.XLS 14-Dec-00
Preserve Area Acres Fee Acres Fee Acres Fee Acres Fee Acres Acres Acres Acres Acres Fee, I Acres Fee, I Acres Fee, Acres Fee,
Dedicated Undedicated Intended Dedictaed& Easement& Easement& Easement Easement& Easement& Easement& Easement& Easement&
Undedicated Other Other &Other Other Ded.& Other Other Other Other Ded.&
Dedicated Undedicated Intended Unded. Dedicated Undedicated Intended Unded.
Bear Creek 0 266 260 266 0 805 0 805 0 1,071 260 1,07
Briggs Creek 0 1 0 1 0 0 0 0 0 1 0 1
Coal Creek 493 0 0 493 0 0 0 0 493 0 0 493
Edgewood County
Park 0 0 0 0 468 0 0 468 468 0 0 468
El Corte de Madera
Creek 2,818 4 0 2,821 0 0 0 0 2,818 4 0 2,821
ElSereno 1,080 330 259 1,670 0 (1) 0 0 1,080 330 259 1,410_
Foothills 211 0 0 211 0 0 0 0 211 0 0 21'
Fremont Older 735 0 0 735 0 4 0 4 735 4 0
G.G.N.R.A. 0 0 0 0 0 1,227 0 1,227 0 1,227 0 1't-
La Honda Creek 1,839 217 150 2,056 0 0 0 0 1,839 217 150 2,056
Long Ridge 1,804 114 34 1,918 0 27 0 27 1,804 141 34 1,946
Los Trancos 274 0 0 274 0 0 0 0 274 0 0 274
Mills Creek 0 284 284 284 0 0 0 0 0 284 284 284
Monte Bello "Monte Bello" 2,655 101 61 2,757 0 25 86 25 2,655 126 148 2,782
Monte Bello Picchetti Ranch 308 0 0 308 0 0 0 0 308 0 0 308
Monte Bello Palo Alto 0 0 0 0 0 85 0 85 0 85 0 85
Monte Bello (All) (2963.270) (101.467) (61.467) (3,065) (0.000) (110.270) (86.367) (110) (2963) (212) (148) (3,175)
Moody Gulch 0 0 0 0 0 171 0 0 0 171 0 171
Pulgas Ridge 293 73 73 366 0 0 0 0 293 73 73 366
Purisima Creek
Redwoods 2,543 564 561 3,107 0 10 0 10 2,543 574 561 3,117
Rancho San Antonio
2,058 81 0 2,139 1,495 166 0 1,661 3,553 247 0 3,800
Ravenswood 274 0 0 274 98 1 0 99 372 1 0 373
Russian Ridge 1,574 143 95 1,718 0 6 0 6 1,574 149 95 1,724
Saratoga Gap 882 206 0 1,088 2 0 0 2 884 206 0 1,090
Sierra Azul Cathedral Oaks 225 1,907 33 2,132 0 28 0 28 225 1,935 33 2,160
Sierra Azul Kennedy
Limekiln 2,540 304 0 2,844 68 7 5 76 2,608 312 5 2,9'
Sierra Azul Mt.Umunhum 718 8,534 478 9,252 372 800 0 1,172 1,090 9,334 478 10,4.
Sierra Azul "Summit Road" 0 0 0 0 0 0 0 0 0 0 0 0
Sierra Azul (All) (3483.275) (10744.817) (510.810) (14,228) (440.420) (835.271) (5.000) (1,276) (3924) (11580) (516) (15,504)
Skyline Ridge 1,122 594 136 1,716 81 10 0 91 1,203 604 136 1,807
Stevens Creek-
Shoreline 54 0 0 54 1 0 0 1 55 0 0 55
St.Joseph's Hill 174 0 0 174 94 0 0 94 268 0 0 268
Teague Hill 0 626 2 626 0 0 0 0 0 626 2 626
Thomewood 87 62 32 149 5 10 0 15 92 72 32 163
Windy Hill 1,302 4 2 1,306 0 0 2 0 1,302 4 4 1,306
All 26,063 14,416 2,461 40,480 2,685 3,383 93 6,068 28,748 17,799 2,554 46,547
Alncludes only those interests acquired(title or lease recorded or unrecorded lease fully executed)on or before: 10-Dec-99
Note:All entries rounded to nearest acre after summations.
R-00-160 Page 4
Road to Schilling Lake. These parcels and trail, combined with the 14-acre former Gana
property that includes Schilling Lake,provide for neighborhood access and enhance circulation.
A grant provided by the Packard Foundation assisted with the acquisition of the Procter and
Collins properties.
Windy Hill Open Space Preserve.
The former 2-acre POST/Melchor property was part of an exchange agreement with Peninsula
Open Space Trust. The small parcel is located in an inaccessible ravine and surrounded by the
preserve. o p
It once served as a water source for private parcel but is in a sensitive habitat and
should not be disturbed.
SUMMARY
Of the 46,547 acres preserved by the District, 3,279 acres are rights that cannot be dedicated
such as leases, management agreements, etcetera, leaving 43,268 acres of marketable interests in
land. Of this amount, 28,748 acres(66.44%) are dedicated and 14,520 acres (33.56%) are
undedicated. Upon adoption of the attached resolution dedicating 1,667 additional acres as
recommended in this report, 30,415 acres (70.29%) would be dedicated and 12,853 acres
(29.71%) would be undedicated. Of the 12,853 acres of undedicated lands, 84.57% are in the
Sierra Azul Open Space Preserve.
Prepared by:
Del Woods, Senior Acquisition Planner
Lisa Zadek, Real Property Assistant
Contact person:
Del Woods, Senior Acquisition Planner
R-00-160 Page 3
Pulgas Ridge Open Space Preserve
The former 72.66-acre Benedetti property created a continuous stretch of open space connecting
the Pulgas Ridge preserve to San Francisco Watershed lands. It was long identified as an
important addition to the preserve in terms of protecting the views of the ridgeline and providing
an opportunity to establish a regional trail down the east side of the Crystal Spring Reservoir
basin. Potential trail connection and issues surrounding existing utility easements have been
resolved to the extent that adjustments in property rights are not anticipated.
Rancho San Antonio Open Space Preserve
The former 80-acre Archdiocese of San Francisco property has long been withheld from
dedication to address property line issues where an encroachment from the quarry is believed to
be within the preserve boundary. The ridgeline property is contiguous to Rancho San Antonio
County Park which the District now manages. A popular trail (PGE road) originates on the
County Park,passes through the Archdiocese property and continues through lands owned by
Hansen Permanente property.
Russian Ridge Open Space Preserve
The former 94.8-acre Quam property is surrounded by the open space preserve on three sides
and encompasses a significant portion of the scenic view from three trails on the preserve,
including the Bay Area Ridge Trail. The residential structures are located in the central portion
of the property and their use will be limited to serving as a staff or rental residence. The
property has been acquired with the assistance of a Habitat Conservation Fund grant.
Skyline Ridge Open Space Preserve
The former 136-acre Silva property is bounded by the preserve on three sides and provides one
of the most important regional trail connections in the central part of the District. Page Mill
Trail extends through the eastern portion of the property and connects from the publicly
accessible portion of the preserve to the Big Dipper Ranch which the District owns a majority
interest in. To the south of Big Dipper Ranch, Page Mill Trail connects to Portola Redwoods
State Park. The property has been acquired with the assistance of a Habitat Conservation Fund
grant.
Teague Hill Open Space Preserve
The 393.95-acre Willen Corporation property and 229.81-acre Block property form the majority
of the Teague Hill Open Space Preserve and have previously been withheld from dedication to
explore the possibility of selling or trading small portions of the property adjacent to developed
residential areas. Although specified in the initial acquisition transaction and later the subject of
exhaustive studies and deliberations with potential buyers and the Town of Woodside, the
potential sale or trade of the property has been determined to be undesirable. The property
protects a large portion of the Town's scenic backdrop and provides local trail connections to the
Bay Area Ridge Trail.
Thomewood Open Space Preserve
The additions to the preserve of the former Procter and Collins properties, totaling 35.24 acres,
completes the acquisition of the popular Dennis Martin Trail that connects from Old La Honda
R-00-160 Page 2
development densities that are based on the argument that the potential development, which the
District is precluding by buying open space, can be put somewhere else in the hillsides. Since
the District has, in effect, paid for this density, we can argue that the District, if anyone, should
benefit.
Status Summary: Table 1 gives a summary of the dedication status of District preserves and
preserve subareas. Only those parcels for which transactions have closed and title has passed to
the District on or before December 20, 2000 are included. The interest in land that the District
holds, i.e., fee title, easement, or other(lease, management agreement, etc.), is listed for each
area. Rights of first refusal and/or reversions to the District are not included. The District holds
an interest in 46,547 acres of land,40,480 acres in fee, and 6,068 acres in lesser interests. The
District added 1,272 acres of protected lands since December 15, 1999.
RECOMMENDED DEDICATIONS
Bear Creek Redwoods Open Space Preserve.
The former Arlie Land and Cattle property(260 acres) forms one of the newest District
preserves. Comprehensive planning and significant improvements have been made to the
property in an effort to open the preserve to the public under a permit system. Grants from the
Coastal Conservancy and Wildlife Conservation Board, and personal donations have been
secured to help acquire the adjacent 805-acre property owned by Peninsula Open Space Trust
which is anticipated to be completed in 2001.
El Sereno Open Space Preserve
The former 16-acre Moore property and 35-acre Lovell property were isolated parcels for the
central portion of the preserve until this year,when the former 259-acre Krone/Bishop property
was acquired. The properties include a major segment of the Overlook Road extension which, in
part, serves as a public trail. The Moore and Lovell properties should be dedicated at this time;
the Krone/Bishop property will be dedicated next year when the transfer of the tank site property
to San Jose Water Company is complete.
Long Ridge Open Space Preserve
The 13.15-acre Niswander open space easement is located in the central portion of the preserve
and encompasses a portion of the former Bean property that the District sold a fee-determinable
interest to a private party. The easement protects the integrity of one of the most popular trails
on the preserve.
Mills Creek Open Space Preserve
The acquisition of the former 284-acre Russian Convent property has created the newest District
open space preserve. During the course of the acquisition project, in-depth resource and land use
studies were conducted to determine the importance of the property and desirable boundaries.
The property protects valuable habitat for the federally endangered steelhead trout and will
provide public trail access from the planned Bay Area Ridge Trail to scenic vista points that
offer panoramic views of the Pacific coast and the City of Half Moon Bay.
Regional Open S. ice
1------------------
�
R-00-160 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 00-35
December 20, 2000
AGENDA ITEM . 5
AGENDA ITEM
Dedication Status of District Lands
GENERAL AN RECOMMENDATIOS
Adopt the attached resolution dedicating interests in certain District lands for public open space
purposes.
INTRODUCTION
In accordance with the Board's Dedicated Lands Policy as last amended January 22, 1986 (see
report R-86-03), an annual report indicating the status of District lands as dedicated or
undedicated is to be presented to you in December of each year. According to this policy:
"Normally, undedicated lands within the District's boundaries will be held for future dedication
to park or open space, or both, purposes, but only after the necessary planning, boundary
adjustments,provision for permanent access and other changes in configuration, which may
involve the disposal or exchange of interests in all or portions of such lands, have been
completed." Dedications are usually made in December on the basis of the annual report.
During the year,part of the use and management planning decisions the Board makes for
specific parcels and preserves is whether to indicate by motion an intention to dedicate certain
interests in land, such as fee title or open space or trail easements. Note that although a motion
of intent to dedicate might be adopted when the Preliminary Use and Management Plan for a
new acquisition is approved, this does not mean that the parcel would necessarily be dedicated
the following December. That is because it is usually prudent to wait until the Comprehensive,
or at least Interim, Use and Management Plan for the entire preserve is adopted or reviewed.
Since it might benefit the program of the District at some future time to apply development
density credits from dedicated District land to other lands, dedication of these credits is not
normally included at the time of the annual dedications. The idea behind withholding potential
density credits from dedication, while dedicating the land itself for public open space purposes,
is that these credits may represent an asset of the District which may be of substantial value in
the future. The credits might be used for transfer to private property, potentially increasing the
allowed development density on that property. This might be done in connection with a joint
development application with the private party.
In exchange, some of that property might be permanently preserved or the District might receive
a cash payment which could be used for purchase of open space land in another location. Joint
development plans and transfer of development rights are, of course, subject to approval of the
city or county in which the land lies. A further rationale is that the District, in asserting its
potential right to use these credits, may be able to counter proposals to increase allowed
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 f ®.
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •General Manager:L.Craig Britton
MIDPENINSULA REGIONAL OPL,,SPACE DISTRICT
Community Programs Specialist(Continued)
Create a variety of public information materials including brochures, signboards, and newsletters.
Promote, interpret, and explain District objectives,policies, and procedures to the public.
Communicate clearly and concisely,both orally and in writing.
Establish and maintain effective working relationships with those contacted in the course of work.
Education and Experience Guidelines
Any combination of education and experience that would likely provide the required knowledge and abilities is
qualifying.A typical way to obtain the knowledge and abilities would be:
Education•
Equivalent to a Bachelor's degree from an accredited college or university with major course
work in resource management,interpretive science,business administration,or a related field.
Experience:
Four years of increasingly responsible experience in developing and implementing
interpretive programs, including experience working with volunteer programs and one year of
administrative and supervisory responsibility. Experience with field-based volunteer
programs particularly desirable.
PHYSICAL DEMANDS AND WORKING CONDITIONS
The physical demands herein are representative of those that must be met by an employee to successfully perform
the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities
to perform these essential job functions.
Environment: Office and occasional field environment requiring travel to open space preserves or
hiking on trails.
Mobility: Sitting for prolonged periods of time; ability to hike rough or steep terrain.
Vision: Visual acuity to review written materials.
Communication: Speaking and hearing to exchange information.
Exempt
Revised, Johnson&Associates: December 2000
Page I of I
Main Identity
From: Paul Genovese <Pgenovese@fogdog.com>
To: <mrosd@openspace.org>
Sent: Monday, December 18, 2000 4:16 PM
Subject: Amendment Recommendations
Thanks for keeping me informed from the letter you sent. I would like to
encourage those in control of the decisions regarding the "Amendment"
(spoken of in the recent letter) to adopt the three recommendations listed
in the letter.
I'd like to reiterate the and endorse the three summarized recommendations
below:
1) The Bay Area Ridge Trail should be completely accessible to all cyclists
including the Russian Ridge Open Space Preserve.
2) Adding a cyclist-only alternate route to the Windy Hill Open Space
Preserve would be an excellent idea. I would even be willing to help
volunteer to build the trail on my own time.
3) The addition of"bicycle-only trails" in some areas would also be an
excellent idea.
The open space on the midpeninsula region needs to be made accessible to
hikers, bikers, and equestrians. On the trails where hikers, bikers, and
horses don't mix, closures are ok, if additional trail mileage is added
elsewhere for bicycle-only use to make up for the continued loss of trail
miles. The land should be shared in a responsible manner and the above
suggestions would be the most equitable use of the land with the least
amount of impact.
Thanks for your consideration
Paul Genovese
Merchandise Manager
Fogdog Sports
"The Athlete's Toy Store"
hftr)://www.fogdog.com
(650) 980-2547
(650) 980-2600 fax
—0
------ LYU
12/19/00
Page 1 of 1
Main Identity
From: Mike Vandeman <mjvande@pacbell.net>
To: <mrosd@openspace.org>
Sent: Monday, December 18, 2000 7:05 PM
Subject: Mountain Biking in MROSD Lands
i
Please continue the progress you have made in restricting bike access to
natural areas! Machinery like bikes is not human, and therefore has no
rights to access our public lands. And it has already been determined by a
federal court that nobody has a right to take a bike wherever they want
(see hft :/p /home.r)acbell.net/mjvande/mtblO.htm). As much as they would like
you to believe otherwise, mountain bikers CAN WALK! Please reject the
following resolutions:
1) opening some previous closed-to-bikes trails that are part of the Bay
Area Ridge Trail (only 1.4 miles in Russion Ridge for now, but hey -
it's a step in the right direction!)
2) Feasability of possibly incorporating bicycle-only trails in some
areas of Mid-Pen land! (assumed to be parallel trails to
hiking/equestrian trails so as to make experience safer, and more
enjoyable for all).
I am working on creating wildlife habitat that is off-limits to humans
("pure habitat"). Want to help? (I spent the previous 8 years fighting
auto dependence and road construction.)
http://home.pacbell.net/m*vande
12/19/00
Page I of I
Main Identity
From: Diana Fischer<diana—fischer_pv(cDhotmail.com>
To: <mrosd@openspace.org>
Sent: Monday, December 18, 2000 11:26 PM
Subject: input for Dec 20 meeting
Dear Board of Directors,
I am unable to attend the Dec. 20 meeting, but would to give my input.
As a person who hikes at least once a week, I feel strongly about the
preservation of our hiking trails. These trails were not designed for
bicycle use and are not suitable for bicycles now.
Since the Open Space Board of Directors is trying to preserve the land, it
seems completely unreasonable to cut more trails.
I understand that the bicyclists could have a great trill on these trails
but trill seeking is not the reason why they where made in the first place.
Diana Fischer
10 Valley Oak
Portola Valley, CA 94028
Get your FREE download of MSN Explorer at hftp://explorer.msn.com
12/19/00
Page I of I
Main Identity
From: <MWALT851 @aol.com>
To: <MROSD@openspaGe.org>
Sent: Tuesday, December 19, 2000 9:17 AM
Subject: Ad Hoc meeting Dec. 20 on Trail Use
Preserving and enjoying the natural landscapes was the original purpose of
the District, as I understand it, not to open land to "Downhill" bicycle
trails to serve pure thrill- seeking recreationists.
Bike riders cannot be enjoying the natural landscapes when rushing on a
bicycle; a rider has to pay full attention to the trail itself. People who
enjoy the quiet experience of getting away from the rush and stress of urban
life cannot enjoy themselves with the constant threat of a sudden bicycle
coming from behind. Horses we can hear; bikes we cannot hear. (Why are they
not required to have bells which they ring?)
In San Mateo County Parks we have learned that once you open a park to bikes
on one road only, they are soon on all the trails - and budget restraints
means enforcement of the rules is impossible. I truly object to putting
bicycles on Windy Hill. They can now use Alpine Road to reach Skyline - it's
a County trail.
Why not set aside some dismal open area and let them have at it as they do at
Hollister Hills?? And while you're at it, why not buy land for the dirt bike
crowd, and for the hand -built cars they race at Sandhill? Gosh, there is no
end to the pleasures you could furnish to all the different recreationists on
the Peninsula..
Tennis Courts, anyone???
Marilyn Walter
20 Coyote HII
Portola Valley, CA 94028
12/19/00
Dear MPROSD, Dec. 11, 2000
Thank you millions for the Spring Ridge/Hamms Gulch loop
(Windy Hill). Am now hiking with my dogs for exercise and I hike it
once a week.
Couldn't help but notice piles of dog poop at start of trail.
Firgured a trash can and supply of plastic bags would help this
p g P
situation a lot. Am up that way once a week. Would be willing to
volunteer to empty can. What do you think?
Deborah Goldeen
2130 Birch St., PA, 94306
321-7375
dgoldeen@batnet.com
D
DEC 13 2000
Coastal Annexation Area
History:
In 1972 the voters voted for a PARK district. Co ahead and
disagree, but that is what the ballot said.
In 1974, state laws were changed and without a vote of
constituants you changed the district to an open space
district. And about tthe same time you added portions of An
Mateo County to the district, again without a vote of
constituent.
I do not doubt the voters would 'have approved, but the
board at that time did not have the courtesy to ash; the
voters opinion.
Fairness:
To get the CAA to consent to be annexed, you have agreed to
not uae the 0wer of eminent domain in the CAN. ghat a "slap
in the face" of those in the present district who have
suffered under eminent domain, and threat of its use. If
giving it up in CAA give it up in present district area.
Taxes of Equality:
We in present district pay a portion of our property taxes
to maintain the district, and this goes up each year.
As I understand it, after annexation, you will be asking
the CAA area tp pay a parcel tax of $1 .00 per month, or
$12 .00 per. This is not even close to what the pesent
district taxpayers pay.
And if CAX votes to join, then votes down ,- tax, w1ho is
burdened with the commitment of paying for the costs of
the new annexed area? We 'present taxpayers will be -.,,,iving
the CAN a "free ride" .
In the Draft Plan there is mention of district elections to
raise money by means of a parcel tax. You will have spent
close to $ ! million for the Coastal Annexation. Where and
What is the payoff? ?xcapt for more land to supervise,I have
yet to sea any future benefit to tilis as there are already
numerous restrictions of commercial and housing growtb in
the CAA.
Voting:
The vote of the CAA should be twofold:
1 . Vote to join the present district under the district ' s
present rules and regulations.
2. Included in the vote should be a tax of the present rate
we in the district are now paying. And, it this tax does
not pass, then the annexation fails.
Low.
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