HomeMy WebLinkAboutCC Resolution 5096 (CSA 23)RESOLUTION NO. 5096
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, CSA #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 February ,
19 76 , by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
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MARION A. GRADY - City Clerk ✓
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JOINT POWERS AGREEMENT
THIS AGREEMENT is made this day of , 19 , 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 ' and CSA 23 has entered
and will enter into certain options to purchase *he said properties.
NOW, THEREFORE, it is mutually understood and agreed as follows:
1. PROPERTY. The parties hereto agreF to each and every condition
contained in those certain option agreements attached hereto as exhibits and
incorporated herein by reference, and agree tc ,c,-ntly purchase the properties
described therein. These option to purchase acreements are as follows:
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 Exhibit 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 I.
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:
WA
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,DBE-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 expendea 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
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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 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
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and cost estimates for the work to be performed. Payments to be subject to the
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. Extraordinary Maintenance. Upon determination by the City and the
District that extraordinary maintenance resulting from natural causes is required on the
Freitas and Nunes properties, the City and the 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 $1,000.00. The cost of this extraordinary maintenance shall be divided equally
between the District and the 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 reasonable
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 the County by and through CSA 23 nor the District,
nor any officer, agent or employee thereof, shall be responsible for any damage
or liability 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
Government 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 lia-
bility 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 jurisdic_ion not delegated to City
under this Agreement.
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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.
MARIN COUNTY OPEN SPACE DISTRICT
By
COUNTY SERVICE AREA NO. 23
By
CITY OF SAN RAFAEL
By
ATTEST:
MARION A. GRADY, City Clerk
By
Deputy City Clerk