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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. Resolutions/2023/23-04EberhardPurchase 1 * * * * * * * * * * * * * * * * * k * * * k * * * * * * * * * * * * 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 Resolutions/202323-04EberhardPurchase 2