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HomeMy WebLinkAboutResolution No. 6420 (Amend JPA Marin County Open Space District)RESOLUTION NO. 6420 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, a contract, lease -or agreement with the Marin County Open Space District (CSA No. 23) to Amend the Joint Powers Agreement of February 17, 1976, a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly intro- duced and adopted at a regular meeting of the City Council of said City held on Monday the eighteenth day of October 1982 by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Frugoli JEANNE M. LEOON�CINI, City Clerk BY f].a �..�] REGI A. BUCHANAN, Deputy City Clerk 0 -RIA 6"k�-_Tj"TNTtfk"1j AMENDMENT TO THE JOINT POWERS AGREEMENT OF FEBRUARY 17, 1976 The purpose of this Agreement is to amend certain portions of the Joint Powers Agreement, made between the City of San Rafael, herein- after referred to as "City", the Marin County Open Space District, hereinafter referred to as "District" and the County of Marin, by and through County Service Area No. 23, hereinafter referred to as "CSA #23". The Joint Powers Agreement was made and executed between the parties on February 17, 1976, and is hereby incorporated by reference and made a part of this Amendment. NOW, THEREFORE, it is mutually understood that the Joint Powers Agreement of February 17, 1976, is amended in accordance with the intent expressed in paragraph 2 of said Agreement as follows: 1. It is acknowledged by all parties to this amended Agree- ment that City purchased and acquired the "Oakhill" property referred to in the Joint Powers Agreement and described in Exhibit 1 thereof on June 30, 1979 for the sum of $4501000.00. This, the total purchase price on "Oakhill", was paid entirely out of City's funds. 2. Notwithstanding anything agreed by the parties to the contrary in the original Joint Powers Agreement, CSA #23 herein agrees to pay City the sum of $230,000.00, including interest, -t-rrs-sum -o-f- - the -p dT c7h $ se- -p ri-ce - pa. -i -d - by- -ei: ty- -for y --'1�g33"-oper`y . District did not, will not and is not obligat to contribute any of its open space or other funds to the "Oakhill" purchase, and is therefor not eligible to, nor shall, participate in or receive any rebate monies or proceeds from any sales or conveyances described in this Amendment and the provisions of Public Resources Code §5540 are not applicable to this Amendment. 3. It is further agreed by all parties that City shall retain exclusive right and responsibility for the management of the "Oakhill" property. City shall also retain exclusive title to "Oakhill" in accordance with paragraph 4a of the Joint Powers Agreement of February 17, 1976. 4. The parties agree that City shall have, at its option, the right to undertake a study concerning the feasibility of subdividing a limited number of lots on the "Oakhill" parcel at the ends of Sao Augustine Way and the Estero Way cul-de-sacs. This provision allowing City to subdivide said lots on the "Oakhill" property is to be construed as permissive and is in no way obligatory upon City. 5. At such time as any or all of the above-mentioned lots on "Oakhill" are subdivided and sold by City, it is agreed that City shall pay CSA #23 a sum representing 46.4% of the net proceeds of such sales at the close of escrow for each and every lot so subdivided and sold by City. City agrees to fully inform District and CSA #23 of each step and all progress made in its "Oakhill" subdivision project. Further, it is specifically agreed that pity shall notify District and CSA #23 in writing of each and every sale and escrow involving "Oakhill" property and that CSA #23 is hereby granted and shall be entitled to have entered in escrow instruction to effect -this paragraph in each and every sale and escrow account. Y Upon receipt of a certified copy of this Agreement any escrow agent is hereby authorized to distribute 46.4% of the net proceeds Of any sale or any portion of that property described in paragraph 3e and Exhibit 1 to the Agreement of February 17, 1976, and also as described in Exhibits "A" and "B" attached hereto and made a part hereof to CSA ##23. For the purpose of this Agreement the term "net proceeds" is understood to mean that sum remaining from the sale price of said lots after deductions are allowed for engineering costs, commissions and any and all other development costs incurred by City before sale, except no costs shall be allowed for engineering, commission, or other develop- ment costs performed by City personnel, nor for any City staff time or overhead to process said subdivision or sale. All pertinent documents, billings, books and records shall be made available for examination on request by County Auditor. 6. With the exception of the changes, amendments and additions specifically set forth herein the Joint Powers Agreement of February 17, 1976, is hereby ratified and confirmed. ATTEST: Deputy City Clerk 19.2 A/19 MARIN OPEN SPACE DISTRICT By ' e COUNTY SERVICE AREA NO. 23 By CITY OF SAN RAFAEL Mayor