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Home My Public Portal AboutResolution - 80-28- 19800625 - Garrod Property FremontRESOLUTION NO. 80-28 , RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF AGREEMENT TO PURCHASE REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (FREMONT OLDER OPEN SPACE PRESERVE -GARROD 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 accept the offer con- tained in the attached purchase agreement between Vincent S. Garrod, et al, as Trustees and Midpeninsula Regional Open Space District;dated April 14, 1980, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President and appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board or other appropriate officer is authorized to execute a certificate of acceptance to any deed(s) granting title to said property. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is author- ized to expend up to $5,000. to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * RESOLUTION NO. 80-28 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on June 25 , 19 80 at a regular/sp iAl meeting thereof, by the following vote: AYES: Katherine Duffy, Daniel Wendin, Barbara Green, Edward Shelley, Harry Turner, and Richard Bishop. NOES: None. ABSTENTIONS: None. ABSENT: Nonette Hanko. ATTEST: APPROVED: Secretary, Board of Directors President, Board of Directors (pro tempore) I, the District Clerk/DepubpDthelbmilmimahmkkxof 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. -t6 Distr. t Clerk ti AGREEMENT TO PURCHASE - REAL PROPERTY AGREEMENT TO PURCHASE REAL PROPERTY BY AND BETWEEN the . Garrod Trust, hereinafter referred to as "SELLER" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT; hereinafter referred to as "DISTRICT". 1. PURCHASED PROPERTY.. SELLER agrees to sell to DISTRICT, and. DISTRICT agrees to purchase from SELLER, SELLER'S real property located in * the County of Santa Clara, State of California, consisting . -of one hundred eighteen and 27/160 (118.27) . acres • more or less, and commonly referred to as all of Santa Clara County Assessor's parcels numbered 503-011-002 and 003, and portions of assessor's parcels numbered 503-011-007 and 503-010-001; and more specifically known and described in exhibit "A" as attached hereto and incorporated herein by this reference.. •2. • PURCHASE PRICE AND PAYMENT. The total purchase price - for the aforesaid real property is and .shall be the sum of ONE •MILLION, TWENTY FIVE THOUSAND AND NO/100 DOLLARS .($1.,02S,000.00), payable as• follows: a. THREE HUNDRED THOUSAND AND NO/100 DOLLARS ($300,000.00) as the down payment, payable at the close of escrow. b. The balance of SEVEN HUNDRED. TWENTY FIVE THOUSAND AND NO/100 DOLLARS ($725,000.00) shall be car ie r._2.,_ by SELLER in the form of a promissory note/ne�� ec `'`t`'; P �. by a Deed of Trust on said property for a term of /zEie., five (5) years payable in five (5) equal annual installments (on the anniversary date of the close 1/. of escrow) of ONE HUNDRED 'FORTY FIVE THOUSAND AND /p.1 NO/100 DOLLARS ($145,000.00) plus accrued interest at the rate of eight per cent (8%) per annum on the unpaid balance. - 3. TITLE AND POSSESSION. Title and possession of the subject property shall be conveyed to DISTRICT at the close. of escrow by Grant Deed, free and clear of all liens, encumbrances, easements, assessments, leases,.recorded or unrecorded, restrictions, rights, covenants, and conditions of record except: a. Taxes for the fiscal year .in which the escrow closes shall be cleared and paid for in the manner required by Section 4986 of the Revenue and Taxation Code. b. Such covenants, conditions, restrictions, and reservations as may be deemed acceptable by DISTRICT. -1- • c. Easements or rights of way, if .any, over said lands for utility, street, or access purposes. d. The Deed of. Trust as aformentioned. 4. BARGAIN SALE. It is acknowledged by DISTRICT and. SELLER that the pttrchate price being paid for the property is less than the property's fair market value, and that the differ- ence in the price. being paid by DISTRICT -and the property's fair. market value is being donated to. DISTRICT as part of this trans- action. . 5. • COSTS. DISTRICT shall pay and satisfy all escrow, recording and usual title insurance charges and fees incurred in this transaction. SELLER shall be responsible for and pay all .costs of any reconveyance* of Deed of Trust, full release of mortgage or any other fees or costs for legal or other services, incurred in connection with the delivery of marketable title to DISTRICT. 6. • COMMISSIONS. DISTRICT shall have no obligation to pay any real estate agent's commission or other related costs or fees in" connection with this transaction. 7. LEASES OR OCCUPANCY OF PREMISES. SELLER warrants that there are no oral or written leases or rental agreements affecting all or any portion of the subject property, or any person lawfully occupy- ing the property and SELLER further warrants and agrees to hold DISTRICT free and harmless and to reimburse DISTRICT for any and all costs, liability, loss or expense, including costs for legal services, occasioned. byreason of anysuch lease, rental agreement or occupancy of the property (including, but not limited to, relocation payments and expenses provided for in section 7270, et. seq. of the California. Government Code). . 8. ACCEPTANCE AND TERM OF ESCROW. DISTRICT shall have fifteen (15) days from and after the execution hereof by SELLER to accept and execute this agreement, and during said period this instrument shall constitute an irrevocable offer by SELLER to enter into a contract with DISTRICT on the terms and conditions set forth herein; in consideration of which DISTRICT has paid and SELLER acknow- ledges receipt of the sum of ten and no/100 dollars ($10.00). This transaction shall close on or before June 30, 1980 through Escrow i 175993 conducted by Valley Title Company, 300 South First Street, San Jose, California 95157. 9. The provisions hereof shall accrue to the benefit of and bind the respective successors, heirs, and assigns of the parties hereto. • . MIDPENINSULA REGIONAL. OPEN • SPACE DISTRICT APPROVED AS. TO FORM: Stanley Nor n, District Counsel ACCEPTED FOR RECOMMENDATION: L. Cr,kg Britton Land ACquisition Manager. RECOMMENDED FOR APPROVAL: • • Herbert Grench General Manager APPROVED AND ACCEPTED: Barbara Green, President Board of Directors ATTEST: Clerk of the Board of Directors SELLER: fE GA ROD . TRtSS /. Vinc Louise G 1 ichard R. Garrod as Trustees under a Trust Agreement dated December 31, 1970, between Ralph Vince • Garrod, Emma . Stolte Garrod, . .Louise Garrod Cooper, George. E. Cooper, Richard Ralph Garrod, Edna May Garrod, Vince S. Garrod and Jane W. Garrod »L4Le f? • 8a