HomeMy Public PortalAboutResolution - 23-20 - 20230823 - Purchase of Vielbaum ProRESOLUTION 23-20
RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE
OF THE PURCHASE AND SALE AGREEMENT, AMENDING THE
FISCAL YEAR 2023-24 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 ofMidpeninsula Regional Open Space District
(District) does hereby accept the offer contained in that certain Purchase and Sale Agreement
between 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 $163,000.00 covering the
purchase of the Vielbaum Property, including an option deposit of $10,000.00.
SECTION THREE. The Board approves an amendment to the Budget and Action Plan
for Fiscal Year 2023-24 by increasing the General Fund Capital budget in the amount of
$163,000.00. Except as herein modified, the FY 2023-24 Budget and Action Plan, Resolution
No. 23-10 as amended, shall remain in full force and effect.
SECTION FOUR. 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 FIVE. 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 SIX. The General Manager or the General Manager's designee is authorized
to expend up to $45,000.00 to cover the cost of title insurance, escrow fees, survey 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.
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Resolutions/2023/23-20 _ VielbaumPurchase 1
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on August 23, 2023, at a regular meeting thereof, by the following vote:
AYES: CYR, GLEASON, HOLMAN, KERSTEEN-TUCKER, KISHIMOTO, MACNIVEN,
RIFFLE
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ATTEST:
Craig Gleason, Secretary
Board of Directors
APPROVED AS TO FORM:
Hilary Stevenson, General Counsel
APPROVED:
riko Kishimoto , President
ard of Directors
I, the District Clerk of the Mid peninsula 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.
~(),~ ~
a Soria, District Clerk
Reso lutions/2023/23 -20_ V ielbaum Purchase 2