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HomeMy Public PortalAboutResolution - 24-04- 20240313 - 04_HicksLandEasementExchaRESOLUTION NO. 24-04 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING EXECUTION OF EXCHANGE AGREEMENT, AUTHORIZING GENERAL MANAGER OR OTHER OFFICER TO EXECUTE THE EASEMENT DEEDS, AUTHORIZING GENERAL MANAGER OR OTHER OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AUTHORIZING GENERAL MANAGER AND GENERAL COUNSEL TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (LAND OF HICKS LAND LLC - SIERRA AZUL OPEN SPACE PRESERVE) The Board of Directors of Midpeninsula Regional Open Space District does hereby resolve as follows: SECTION ONE. The Board of Directors of the Midpeninsula Regional Open Space District (District) authorizes the General Manager to execute the Exchange Agreement (Agreement) between Hicks Land LLC (Hicks Land) and the District, a copy of which 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 all related transactional documents on behalf of the District to acquire and exchange the real property described therein. SECTION TWO. The General Manager, President of the Board of Directors, or other appropriate officer is authorized to execute the easement deeds to the District and Hicks Land, respectively. SECTION THREE. The General Manager, President of the Board of Directors, or other appropriate officer is authorized to execute a Certificate of Acceptance for the easement to the District. SECTION FOUR. The General Manager or the General Manager's designee is authorized to provide notice of acceptance to Hicks Land and to extend escrow if necessary. SECTION FIVE. 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, and which are necessary or appropriate to the closing or implementation of this transaction. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Resolutions/2024/24 04_1 -licks Land Exchange 1 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional ©pen Space District on March 13, 2024, at a regular meeting thereof, by the following vote: AYES: NOES: ABSTAIN: ABSENT: CYR, GLEASON, HOLMAN, STEEN-TUC E , KISHIMOTO, MACNIVEN NONE NONE RIFFLE Curt Riffle, Secretary Board of Directors APPROVED AS TO FORM: Hila venson, General Counsel APPROVED: Margaret MacNiven, President Board of Directors I, the 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. Rcscal nliana ''f 424-d4 Hicks and Fnci,an 2