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HomeMy Public PortalAboutResolution - 79-16- 19790411 - Waiver of right of firsRESOLUTION NO. 79-16 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AMENDMENT TO RESTRICTION AGREEMENT AS CONTAINED IN AGREEMENT FOR WAIVER OF RIGHT OF FIRST REFUSAL, AUTHORIZING OFFICER TO, EXECUTE AMENDED RESTRICTION AGREEMENT AND REAFFIRMING RESOLUTION NO. 79-11 (LONG RIDGE OPEN SPACE PRESERVE/PACIFIC HIGH SCHOOL PROPERTY) The Board of Directors of The Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby approve and authorize the execution of an amendment to an agreement for waiver of right of first refusal with Bodhi, a non-profit corporation, as set forth on Exhibit A, as attached hereto and by this reference made a part hereo. Section Two. The President of the Board or other appro- priate officer is authorized to execute the amended restriction agreement. Section Three. By this resolutionthe_.Board reaffirms sections three and four of Resolution 79-,11 adopted February 14, 1979. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * RESOLUTION NO. 79-16 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on April 11 , 19 79 at a regular/special meeting thereof, by the following vote: AYES: K. Duffy, B. Green, N. Hanko, E. Shelley, H. Turner and D. Wendin NOES: None ABSTENTIONS: None ABSENT: R. Bishop ATTEST: APPROVED: Secretary, Board of Directors President, Board of'birectors I, the District Clerk/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 vote. District Clerk/Deputy District Clerk EXHIBIT A Page 1 of 2 AMENDMENT TO RESTRICTION AGREEMENT WHEREAS, Bodhi, a non-profit corporation, and the Midpeninsula. Regional Open Space District, a public district, have heretofore entered into that certain waiver agreement dated February 14, 1979, which agreement sets forth the terms and conditions under which District agreed to waive its right of first refusual on the lands described in said waiver agreement; and, WHEREAS, Clause 1 of said agreement provides for the granting by Bodhi and acceptance by District of a restriction agreement with covenants attached as exhibit "B" to said waiver agreement; and, WHEREAS, Clause 5 of said restriction agreement with covenants provided for the granting of a trail easement to District; and, WHEREAS, Bodhi and District have determined that it would be in the best mutual interest of the parties to eliminate the trail easement requirement from said restriction agreement with cove- nants, NOW, THEREFORE, it is agreed by and between the parties hereto as follows: Clause 5 of said restriction agreement with covenants shall bedeleted in its entirety. All other terms and conditions of said agreement and restriction agreement with covenants remain unchanged. EXHIBIT A Page 2 off 2 IN WITNESS WHEREOF, the parties hereto have executed this amendment to agreement this day of , 1979. Midpeninsula Regional Open Bodhi, a non-profit Space District corporation By Attest: Clerk of the Board BY fyt 01 Q. nSse dot/v.\ Angie Boissevain, President By > dt.11.0 Kobun Chino, Teacher