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HomeMy Public PortalAboutResolution - 22-47- 20221109 - San Jose Water CompanyRESOLUTION 22-47 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF THE PURCHASE AND SALE AGREEMENT, AMENDING THE FISCAL YEAR 2022-23 GENERAL FUND CAPITAL BUDGET, AUTHORIZING THE GENERAL MANAGER OR OTHER APPROPRIATE OFFICER TO EXECUTE A CERTIFICATE OF ACCEPTANCE AND GRANT TO DISTRICT, AND AUTHORIZING THE GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF SAN JOSE WATER COMPANY) The Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve as follows: SECTION ONE. The Board of Directors (Board) of the Midpeninsula Regional Open Space District (District) does hereby accept the offer contained in that certain Purchase and Sale Agreement between San Jose Water Company and the District, a copy of which purchase agreement is attached hereto and by reference made a part hereof, and authorizes the President of the Board, 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 San Jose Water Company Property"). SECTION TWO. The Board authorizes the expenditure of $720,000.00 covering the purchase of the San Jose Water Company Property, including an option deposit of $25,000.00. SECTION THREE. The Board approves an amendment to the Budget and Action Plan for Fiscal Year 2022-23 (FY23) by increasing the Measure AA Fund Capital budget in the amount of $720,000.00. Except as herein modified, the FY23 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, 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 designee is authorized to provide notice of acceptance to the seller, execute all escrow documents and to extend escrow if necessary. SECTION SIX. The General Manager or designee is authorized to expend up to $10,000.00 to cover the cost of title insurance, escrow fees, 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,2D2222 47_SanJoseWaterCompanyPurchase 1 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on November 9, 2022, at a regular meeting thereof, by the following vote: AYES: CYR, HASSETT, HOLMAN, KERSTEEN-TUCKER, RIFFLE, SIEMENS NOES: NONE ABSTAIN: NONE ABSENT: KISH MOTO ATTEST: APPROVED: Zeta Karen Holman, Secretary e Kersteen-Tucker, President Board of Directors Board of Directors APPROVED AS TO FORM: Hilary Stetnson, General Counsel 1, the Deputy 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. out aria Soria, Deputy District Clerk Resolutiousi2072 22_-47_San)aseWatorCumpanyPurchase 2