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