HomeMy Public PortalAboutResolution - 20-31- 20201028 - 330 Distel CircleRESOLUTION 20-31
RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT APPROVING THE PURCHASE AND SALE
AGREEMENT FOR THE SURPLUS PROPERTY AT 330 DISTEL CIRCLE, LOS
ALTOS, CALIFORNIA, AUTHORIZING THE GENERAL MANAGER TO EXECUTE
A LEASEBACK AT MARKET RATE (IF NEEDED), AND AUTHORIZING THE
GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS
NECESSARY OR APPROPRIATE TO CLOSING THE TRANSACTION
WHEREAS, the Midpeninsula Regional Open Space District ("District") is a special
district organized and operating under California Public Resources Code §5500 et seq.; and
WHEREAS, the District owns the real property located at 330 Distel Circle, Los Altos,
CA (Santa Clara County Assessor Parcel Number 170-04-051) ("Subject Property" or `'Surplus
Property"), which has been used as the District's administrative office since 1990; and
WHEREAS, As the District began to undergo significant internal restructuring to
accelerate project delivery, expand public service and ensure sufficient resources to manage
public land and access facilities, it required additional administrative office space; therefore, on
February 1, 2019, the District acquired real property located at 5050 El Camino Real, Los Altos,
CA (Santa Clara County Assessor Parcel Number 170-04-054) for future relocation of its
administrative office; and
WHEREAS, the Subject Property is no longer necessary for District purposes, and the
District desires to dispose of the Subject Property; and
WHEREAS, pursuant to California Public Resources Code section 5540, the District
may dispose of real property necessary to the full exercise of its powers. provided that such
property is not dedicated and used for park or open space purposes; and
WHEREAS, pursuant to California Public Resources Code section 5563, if, in the
opinion of the Board, any land or property owned by the District, becomes unnecessary for the
purposes of the District, the Board may sell such lands or property, or interest therein; and
WHEREAS, the Board of Directors formally designated the Subject Property as Surplus
Property on November 20, 2019, per Resolution 19-39, and offered the Property for sale in
accordance with the Surplus Land Act (Cal. Gov't Code §55240); and
WHEREAS, the County of Santa Clara made an offer to the District for the purchase of
the Surplus Property which the District desires to accept; and
WHEREAS, pursuant to California Public Resources Code section 5540, the District
may dispose of real property necessary to the full exercise of its powers, provided that such
property is not dedicated and used for park or open space purposes; and
Resoluuons12020M-20.31 _330Distel Ci rcleSurpl us
WHEREAS, pursuant to California Public Resources Code section 5563, if, in the
opinion of the Board, any land or property owned by the District, becomes unnecessary for the
purposes of the District, the Board may sell such lands or property, or interest therein; and
WHEREAS, the disposition of the Subject Property as surplus property is exempt from
environmental review pursuant to Section 15312 (Class 12 — Surplus Government Property
Sales) of the California Environmental Quality Act Guidelines.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Midpeninsula
Regional Open Space District (District) as follows:
1. The Board of Directors of Midpeninsula Regional Open Space District (District) does
hereby accept the offer contained in that certain Purchase and Sale Agreement
between the County of Santa Clara and the Midpeninsula Regional Open Space
District, a copy of which purchase agreement is attached hereto and by reference
made a part hereof, and authorizes the President of the Board of Directors, General
Manager, or other appropriate officer to execute the Agreement and all related
transactional documents on behalf of the District to dispose of the real property
described therein ("Surplus Property").
2. The Board authorizes the General Manager to use the proceeds of the sale to call the
2017B Parity Bonds and allocate the remainder of the proceeds to the Committed for
Infrastructure Reserve Fund.
3. The General Manager, President of the Board of Directors, or other appropriate
officer is authorized to execute the Grant Deed on behalf of the District.
4. The General Manager or the General Manager's designee (Real Property Manager or
Sr. Real Property Agent) is authorized to provide notice of acceptance to the seller,
execute all escrow documents and to extend escrow if necessary.
5. The General Manager is authorized to negotiate and execute a leaseback of the
Surplus Property at market rate, if needed.
6. 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 the terms of the Agreement or documents, which are necessary
or appropriate to the closing or implementation of this transaction.
7. If the County of Santa Clara does not accept the condition of the Surplus Property
after the conclusion of their due diligence period, General Manager may market and
negotiate the sale of the Surplus Property to non -preferred buyers on the open market.
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Mot
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on October 28, 2020, at a regular meeting thereof, by the following vote:
AYES: CYR, HASSETT, HOLMAN, KERSTEEN-TUCKER, KISHIMOTO, RIFFLE,
SIEMENS
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ATTEST:
Jed,C}/r, Secr
Bo of Directors
APPROVED AS TO FORM:
Hilary Ste nson, General Counsel
APPROVED:
Karen Holman, President
Board of Directors
1, 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.
nnifer�,rn•odworth, District Clerk
Resolutions/2020,R-20-3 1330DistelCircleSurylus
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