HomeMy Public PortalAboutResolution - 23-04- 20230125 - Eberhard PurchaseRESOLUTION 23-04
RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT AUTHORIZING EXECUTION OF
PURCHASE AND SALE AGREEMENT, AMENDING THE FISCAL YEAR
2022-23 GENERAL FUND CAPITAL BUDGET, AUTHORIZING
GENERAL MANAGER OR OTHER APPROPRIATE OFFICER TO
EXECUTE CERTIFICATE OF ACCEPTANCE AND GRANT TO
DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE
ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE
TO CLOSING OF THE TRANSACTION (LA HONDA CREEK OPEN
SPACE PRESERVE - LANDS OF EBERHARD)
The Board of Directors of Midpeninsula Regional Open Space District does hereby
resolve as follows:
SECTION ONE. The Board of Directors of Midpeninsula Regional Open Space District
(District) does hereby accept the offer contained in that certain Purchase and Sale Agreement
(Agreement) between Martin Eberhard and Carolyn Eberhard, Trustees of the Eberhard Family
Trust dated 5 June 2010, and the Midpeninsula Regional Open Space District, a copy of which
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 acquire the real
property described therein (Eberhard Property).
SECTION TWO. The Board of Directors of Midpeninsula Regional Open Space
District authorizes the expenditure of $3,290,180.00 covering the purchase of the Eberhard
Property, including a deposit of $10,000.00.
SECTION THREE. The Board of Directors of Midpeninsula Regional Open Space
District does hereby amend the Budget and Action Plan for the Midpeninsula Regional Open
Space District for Fiscal Year 2022-23 by increasing the Measure AA Fund Capital budget in the
amount of $3,290,180.00. Except as herein modified, the FY 2022-23 Budget and Action Plan,
Resolution No. 22-21 as amended, shall remain in full force and effect.
SECTION FOUR. The General Manager, President of the Board of Directors, or other
appropriate officer is authorized to execute a Certificate of Acceptance and the Grant Deed on
behalf of the District.
SECTION FIVE. The General Manager or the General Manager's designee is
authorized to provide notice of acceptance to the seller, execute all escrow does, and to extend
escrow if necessary.
SECTION SIX. The General Manager or the General Manager's designee is authorized
to expend up to $50,000.00 to cover the cost of title insurance, escrow fees, survey and
miscellaneous costs related to this transaction.
SECTION SEVEN. 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.
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PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on January 25, 2023, at a regular meeting thereof, by the following vote:
AYES: CYR, GLEASON, HOLMAN, KERSTEEN-TUCKER, KISHIMOTO,
MacNIVEN, RIFFLE
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ATTEST:
Craig Gleason, Secretary
Board of Directors
APPROVED AS TO FORM:
Hilary Stevenson, General Counsel
APPROVED:
4,/
Yo ko Kishimoto, President
(Bol rd of Directors
I, the Acting 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.
(c /1
KTA Soria, Acting District Clerk
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