HomeMy Public PortalAboutResolution - 03-07- 20030226 - Kadluboski Purchase RESOLUTION NO.03-07
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
APPROVING AND AUTHORIZING EXECUTION OF
AGREEMENT TO PURCHASE TAX-DEFAULTED
PROPERTY, AUTHORIZING OFFICER TO EXECUTE
CERTIFICATE OF ACCEPTANCE OF GRANT TO
DISTRICT(EL SERENO OPEN SPACE PRESERVE—
KADLUBOSKI TAX-DEFAULTED PROPERTY, SANTA
CLARA COSY)
The Board of Directors of the Midpeninsula Regional Open Space District does resolve as
follows:
Section One. The Board of Directors of the Midpeninsula Regional Open Space District does
hereby accept the terms contained in that certain Agreement to Purchase Tax-Defaulted Property
between the Board of Supervisors of Santa Clara County, California 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 District.
Section Two. The President of the Board or other appropriate officer is authorized to execute
a Certificate of Acceptance on behalf of District.
Section Three. The General Manager of the District shall cause to be given appropriate notice
of acceptance to Santa Clara County. The General Manager is further authorized to execute any and
all other documents necessary or appropriate to the closing of this transaction.
Section Four. The General Manager of the District is authorized to spend up to $2,000 to
cover any miscellaneous costs related to the closing of 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$12,743 from the proceeds of the next long-term
District note issue. This section of this Resolution is adopted by the Board of Directors of
Midpeninsula Regional Open Space District solely for purposes of establishing compliance with the
requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this payment
expenditure is consistent with the District's budgetary and financial circumstances. There are no
funds or sources of moneys of the District that have been, or are reasonably expected to be, reserved
or allocated on a long-term basis, or otherwise set aside to pay the costs of this open space land
acquisition project which are to be paid or reimbursed out of proceeds of indebtedness to be issued by
the District, The Board of Directors hereby declares the District's official intent to use proceeds of
indebtedness to reimburse itself for this open space land acquisition project expenditure.
Section Seven. This Resolution supplements Resolution No. 01-15 adopted on May 9, 2001.
RESOLUTION No. 03-07
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space
District on February 26, 2003, at a Regular Meeting thereof, by the following vote:
AYES: N. Hanko, P. Siemen.6, D. Lithe, L. H"6ett, J. Cyrc, K. Nitz
NOES: none
ABSTAIN: none
ABSENT: M. Davey
ATTEST: APPROVED:
Secretary Pfesident
i
f,f13oard 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.
Disgkfberk