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.
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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