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HomeMy WebLinkAboutCC Resolution 5070 (CSA 23)RESOLUTION NO. _5070 A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael a lease or agreement with Marin County Open Space District County of Marin, acting by and thrnunh County Service Area No 23 - A copy of which is hereby attached and by this reference made a part hereof. I, MARION A. GRADY, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday the 17th _ day of NwamLr 19 75 , by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan No- . a/. �'--�=e MARION A. GRADY - City Clerk JOINT POWERS AGREEMENT THIS AGREEMENT is made this 17th day of February , 19_jL, by and between MARIN COUNTY OPEN SPACE DISTRICT, hereinafter referred to as "District", COUNTY OF MARIN, by and through COUNTY SERVICE AREA NO. 23, hereinafter referred to as "CSA 23", and CITY OF SAN RAFAEL, hereinafter referred to as "City". RECITALS A. MARIN COUNTY OPEN SPACE DISTRICT, a public district, COUNTY OF MARIN, a political subdivision of the State of California, acting by and through COUNTY SERVICE AREA NO. 23, and CITY OF SAN RAFAEL, a municipal corporation, are each a "public agency" within the meaning of Government Code Section 6502 and desire to enter into a joint exercise of powers agreement pursuant to the provisions of California Government Code Section 6500, et seq. for the consideration and upon the reasons and conditions hereinafter set forth. B. The purpose of this Agreement is to provide funding for the purchase of properties hereinafter described, for open space purposes, by CSA 23, District and City, and for the management thereof, said,lands being situated within the unincorporated area of the County of Marin and within City. C. CSA 23 was formed for the express purpose of raising revenue through a general obligation bond issue which was approved by the voters at an election on November 4, 1975, within the area of the County to be benefited, to purchase and maintain the properties described herein as open space lands for recrea- tional and scenic purposes and to avoid urban congestion. D. City and District desire to participate in the acquisition of the lands designated as properties recommended for possible purchase by CSA 23, said properties being identified on the area drawing attached hereto and made a part hereof by reference and designated Exhibit 1, and CSA 23 has entered and will enter into certain options to purchase the said properties. NOW, THEREFORE, it is mutually understood and agreed as follows: 1. PROPERTY. The parties hereto agree to each and every condition contained in those certain option agreements attached hereto as exhibits and incorporated herein by reference, and agree to jointly purchase the properties described therein. These option to purchase agreements are as follows: T a. The "Freitas" parcel, consisting of approximately 209 acres and described more particularly in that certain option agreement marked Exhibit 2; b. The "Nunes" parcel, consisting of approximately 459 acres and described more particularly in that certain option agreement marked Exhib'it 3; c. The "Turski" parcel, consisting of approximately 20 acres and described more particularly in that certain option agreement marked Exhibit 4. 2. ADDITIONAL PROPERTIES. Additional properties under consideration for acquisition by CSA 23 are referred to, for purposes of this Agreement, as the "De Long" parcel (portions of Marin County Assessor's Parcels Nos. 165-010-49 and 165-010-64), containing approximately 50 acres, which lands are designated for possible purchase, identified on Exhibit 1. It is specifically understood and agreed that, as options are ob- tained by CSA 23 for the purchase of such additional properties, mutually acceptable amendments will be required to this Agreement to incorporate herein such option agreements, and that ratification of such amendments requires the immediate attention and action of each of the parties. Such additional properties have been designated for possible pur- chase by CSA 23 for the purposes described herein, the purchase price of which shall be funded as hereinafter set forth. 3. FUNDING. The funding for the purchase of such properties shall be in accordance with the schedule entitled "Funding - Terra Linda Open Space Program", attached hereto and incorporated herein as Exhibit 5, and more par- ticularly as follows: a. On or before March 1, 1976, City shall pay into escrow account 95216-A,B,C,D&E-RLT at First American Title Company of Marin, 600 Fifth Avenue, San Rafael, California, to be used for the purchase of the "Freitas" parcel (Exhibit 2), the sum of $500,000. b. District shall pay into escrow account 33272 -MP at Pacific Coast Title Company of Marin, 900 Mission Street, San Rafael, California, to be used for the purchase of the "Nunes" parcel (Exhibit 3), the sum of $500,000 in installments, in the amounts and on the dates as set forth in Exhibit 5 and repeated herein as follows: -2- January 1, 1977 $ 3,700 January 1, 1978 120,000 January 1, 1979 120,000 January 1, 1980 75,000 January 1, 1981 181,300 Total Payment $500,000 c. CSA 23 shall, as expeditiously as possible, arrange for the mar- keting and sale of the entire bond issue approved by the voters at the election on November 4, 1975, or such lesser amount as may be appropriate in the discre- tion of its directors to purchase the open space properties then under option as specified in paragraph 1 above, and such of the other properties referred to In paragraph 2 for which funds are available. d. Upon said sale of bonds as provided herein, CSA 23 shall pay: into escrow account 95216-A,B,C,DCE-RLT at First American Title Company of Marin, 600 -Fifth Avenue, San -Rafael, California, the sum of $250,000 on or before March 1, 1976, plus all title insurance, escrow and closing costs; into escrow account 33272 -MP at Pacific Coast Title Company of Marin, 900 Mission Street, San Rafael, California, the sum of $180,000 on or before April 1, 1976, plus all title insurance, escrow and closing costs; and into escrow account 33538 -MP at Pacific Coast Title Company of Marin, 900 Mission Street, San Rafael, Cali- fornia, the sum of $71,545 on or before March 1, 1976, plus all title insurance, escrow and closing costs; and thereafter all installments in the amounts and on the dates set forth in Exhibit 5. e. At such time as requested by City, CSA 23 shall pay an amount not to exceed $200,000 for the purchase of the "Oak Hill" property, described in Exhibit 1, it being understood and agreed that said CSA contribution is to be used only for the direct cost of land and that any other costs associated with the 'Oak Hill" acquisition and any amount in excess of $200,000 for the direct cost of the land shall be paid by City. f. Funds obtained by CSA 23 through said bond issue, or otherwise, in excess of immediate or projected requirements for purchase and costs of the described or subsequently added properties may be expended as the Board of Di- rectors of CSA 23 shall, in its discretion, from time to time determine. g. It is understood and agreed that the sums to be paid by City and District, as herein provided, set forth the entire contribution that said -3- parties will make toward the purchase of the said properties. Except as other- wise herein provided, CSA shall pay all costs of title insurance, surveying, escrow and closing costs, bond sale and all other expenses incurred as a result of land acquisition pursuant hereto. 4. MANAGEMENT AND TITLE. The management and title of the properties purchased hereunder shall be as follows: a. The title to the "Freitas" and "Nunes" parcels shall be held Jointly by City, District and CSA 23; City shall hold title to "Oak Hill"; City and CSA 23 shall jointly hold title to the "Turski" parcel. b. City shall maintain and manage the "Freitas" and "Nunes" proper- ties (Exhibits 2 and 3) in accordance with the open space management policies of City and of District, attached hereto as Exhibits 6 and 7 and by this refer- ence made a part hereof, subject to concurrence of District and CSA 23 with any changes In said policies as such changes may apply to the "Freitas" and "Nunes" parcels. In consideration of such management and maintenance, District shall pay to City, for each fiscal year (July 1 -June 30) that this section of this Agreement is in force, the amount of $7.50 per acre managed pursuant to this section. Said payment shall be made in equal installments on January 1st and May 1st of each fiscal year. City and District agree that the amount of re- imbursement may be revised by mutual agreement for each fiscal year based on actual costs, the first such revision not to occur prior to the first fiscal year following the fiscal year in which all the "Freitas" and "Nunes" properties are acquired pursuant to this Agreement. c. City shall have responsibility for police and fire protection of all properties purchased pursuant to this Agreement, including issuance of use permits. d. City shall maintain, manage and control the "Turski" property (Exhibit 4) in accordance with the open space management policies of City (Exhi- bit 6), subject to concurrence of CSA 23 with any change in said policies as, they may apply to the "Turski" parcel. e. CSA 23 agrees to pay City an amount not to exceed $12,000 from bond proceeds for the purpose of necessary improvements to the subject properties (other than "Oak Hill") to restrict vehicular access in accordance with applicable management policies. Said sum to be paid on demand based on submitted specifications -4- and cost estimates for the work to be performed. Payments to be subject to the I„ l availability of bond funds for this purpose. City's expenditures pursuant to this section to be subject to audit on request by CSA 23 at no cost to City. f. Upon joint determination by City and District that extraordinary maintenance resulting from natural causes is required'on the "Freitas" and "Nunes" properties, City and District agree to conduct the repair necessary to remedy, alleviate, modify or correct the problem. For the purpose of this Agreement, extraordinary maintenance shall be defined as any repair as described above costing in excess of $1,000. The cost of this extraordinary maintenance shall be divided equally between District and City. 5. DUTIES OF AUDITOR. The County Auditor on behalf of CSA 23 shall be accountable for all funds received by it and shall make written reports to City and District of all its receipts and disbursements in connection therewith. Such written reports shall be made at least annually and at such other reason- able times as requested by City or District. 6. GOVERNMENTAL ACTION. The parties agree to take any and all govern- mental action necessary to achieve and effectuate the purpose of this Agreement. 7. INDEMNITY. It is mutually understood and agreed: a. That neither County by and through CSA 23 nor District, nor any officer, agent or employee thereof, shall be responsible for any damage or lia- bility occurring by reason of anything done or omitted to be done by City under or in connection with any work, authority or jurisdiction delegated to City under this Agreement. It is also understood and agreed that pursuant to Govern- ment Code Section 895.4, City shall fully indemnify and hold CSA 23 or District harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by City under or in connection with any work, authority or jurisdiction delegated to City under this Agreement. b. That neither City nor any officer or employee thereof is re- sponsible for any damage or liability occurring by reason of anything done or omitted to be done by CSA 23 or District under or in connection with any work, authority or jurisdiction delegated to CSA 23 or District under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, CSA 23 or District shall fully indemnify and hold City harmless from any liability -5- imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CSA 23 or District under or in connection with any work, authority or jurisdiction not delegated to City under this Agreement. 8. TERMINATION. This Agreement may be terminated at any time by mutual consent of all the parties hereto or by City and one other party. Upon such termination, any property acquired under this Agreement shall be distributed among all the parties hereto taking into account the respective contributions of each of said parties to the cost of each of said properties; and any surplus money in possession of CSA 23 upon such termination, and after the payment of all costs, expenses and charges validly incurred under this Agreement, shall be distributed to the parties in proportion to their various contributions toward each of the properties as determined by the Board of Directors of CSA 23. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day and year first above written. ATTEST: J))112, -r- C/1 . 14ARION A. GRADY, City Clerk MARIN COUNTY OPEN SPACE DISTRICT By ,^ COUNTY SERVICE AREA NO. 23 CITY OF SAN RAFAEL B Y C. PAUL BETTINI, Mayor L� 1