Loading...
HomeMy Public PortalAbout20101027 - Resolution - Board of Directors (BOD) (2) r Cover Sheet For Scanning By ECS Orieinatine Department General Manager Laserfiche Template Board Of Directors Template Fields Document Date: 10/27/2010 Document Type: Resolution Preserve Name: Keywords (No More Than 4): Authorize Promissory Note Project Name: Project Number: Vendor Or Other Party: Name (First): Name (Last): Address: APN Number: Document No. 10-35 Additional Field: it Additional Field: Additional Field: Additional Field: RESOLUTION NO. 10-35 RESOLUTION OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING THE ISSUANCE OF A PROMISSORY NOTE AND PROVIDING OTHER MATTERS PROPERLY RELATING THERETO WHEREAS, the District wishes to finance acquisition of real property to be used for open space (the"Property") from Barbara S. Bergman Trust U/D October 3, 1995 (the"Seller"); and WHEREAS, the Seller has agreed, as consideration for the sale of the Property to the District, to accept a promissory note (the"Note") from the District; and WHEREAS,pursuant to Public Resources Code Section 5544.2, the Note must be authorized by a resolution adopted by the affirmative votes of at least two-thirds of the members of the Board of Directors of the Maker; and WHEREAS, all conditions, things and acts required to exist, to have happened and to have been performed precedent to and in the issuance of the Note, as contemplated by this resolution and the documents referred to herein exist, have happened and have been performed in due time, form and manner as required by the laws of the State of California. NOW,THEREFORE,BE IT RESOLVED by the Midpeninsula Regional Open Space District, as follows: Section 1. Recitals True and Correct. The District hereby finds and declares that the above recitals are true and correct. Section 2. Approval of the Note. The President is hereby authorized and directed, for and in the name and on behalf of the District, to execute and deliver the Note, and the Secretary is hereby authorized and directed, for and in the name and on behalf of the District, to attest the President's signature to the Note. The Note shall be executed in the form on file with the Secretary, together with such additions thereto or changes therein as are recommended or approved by the President, upon consultation with counsel to the District; provided that no additions or changes shall authorize an aggregate principal amount in excess of$850,000.00, an interest rate in excess of 4% per annurn or a maturity date later than December 10, 2015. The approval of such additions or changes shall be conclusively evidenced by the execution and delivery of the Note by the President and its attestation by the Secretary. Section 3. Official Action. All actions taken by the officers and agents of the District with respect to the purchase of the Property and the issuance of the Note are hereby approved, confirmed and ratified, and the proper officers of the District, including the President and the Secretary, are hereby authorized and directed, for and in the name and on behalf of the District, i to do any and all things and take any and all actions and execute and deliver any and all certificates, agreements and other documents which they, or any of them, may deem necessary or ' advisable in order to consummate the lawful issuance and delivery of the Note in accordance with this Resolution. Section 4. Effective Date. This resolution shall take effect from and after the date of approval and adoption thereof i i RESOLUTION NO. 10-35 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on October 27, 2010 at a Regular Meeting thereof,by the following vote: AYES: CYR,HANKO, HARRIS,RIFFLE,AND SIEMENS NOES: NONE ABSTAIN: NONE ABSENT: HASSETT ATTEST: APPROVED: 07 S Ztary President 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 co of a resolution duly adopted b the Board of Directors of copy Y P Y the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. District Clerk