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HomeMy Public PortalAboutResolution - 22-04- 20220112 - Vielbaum Property PurchasRESOLUTION 22-04 RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF THE PURCHASE AND SALE AGREEMENT, AMENDING THE FISCAL YEAR 2021-22 GENERAL FUND CAPITAL BUDGET, AUTHORIZING GENERAL MANAGER OR OTHER APPROPRIATE OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND GRANT TO DISTRICT, AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF VIELBAUM) 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 between Walter H. Vielbaum, Norma E. Vielbaum 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 acquire the real property described therein ("the Vielbaum Property"). SECTION TWO. The Board authorizes the expenditure of $16$,000.00 covering the purchase of the Vielbaum Property, including an option deposit of $10,000.00. SECTION THREE. The General Manager or the General Manager's designee is authorized to expend up to $10,000.00 to cover the cost of title insurance, escrow fees, survey and miscellaneous costs related to this transaction. SECTION FOUR. The Board approves an amendment to the Budget and Action Plan for Fiscal Year 2021-22 by increasing the Measure AA Fund Capital budget in the amount of S168,000.00 for the purchase, and $10,000 for associated costs related to this transaction, for a total budget adjustment of $17$,000. Except as herein modified, the FY 2021-22 Budget and Action Plan, Resolution No. 21-18 as amended, shall remain in full force and effect. SECTION FIVE. 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 SIX. The General Manager or the General Manager's designee is authorized to provide notice of acceptance to the seller, execute all escrow documents and to extend escrow if necessary. 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. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Resolununs 2U__ 22W-1 \ iclbaumProperrh Purchax 1 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on January 12, 2022, at a regular meeting thereof, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: CYR, HASSETT, HOLMAN, KERSTEEN-TUCKER, KISHIMOTO, RIFFLE, SIEMENS NONE NONE NONE APPROVED: /.— Karen Holman, Secretary Zoe Kersteen-Tucker, President Board of Directors APPROVED AS TO FORM: Hilary Stevrfson, General Counsel 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. ennifer ° odworth, District Clerk Resolutioav2022.22-04_ V ielbaum.PropertyPurchase 2