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COUNTY OF SAN MATEOInter-Departmental Correspondence |
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DATE: |
March 13, 2002 |
BOARD MEETING DATE: |
March 26, 2002 |
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TO: |
Honorable Board of Supervisors |
FROM: |
County Counsel |
SUBJECT: |
Resolution Authorizing and Directing the Board President to Execute the Correct Version of Agreement for the Acquisition of the Mirada Surf Property |
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Recommendation |
Adopt a Resolution authorizing and directing the Board President to execute the correct version of Agreement for the acquisition of the Mirada Surf Property and to substitute it, for all purposes, for any earlier version that may have been executed. |
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Background |
The escrow for the County's purchase of the Eastern portion of the Mirada Surf property closed on January 31, 2002. Now it has been discovered that through some inadvertence or oversight the Mirada Surf Agreement For Transfer of Real Property that was presented to and actually signed by Supervisor Hill as President of the Board on January 15, 2002, was not the same version that had been executed by the sellers and presented to the County consistent with Resolution 65021. This action is intended to correct that oversight. |
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Discussion |
When this Board approved the purchase of the Mirada Surf property at its meeting on January 15, 2002, it was approving the Agreement for Transfer of Real Property as had been finalized on January 9, 2002 and transmitted to the sellers (referred to as "Owners" in the Agreement) for signature and return to the County. Due to the out-of-state and remote locations of the Owners, at the time of the Board hearing on the matter, the County Manager's office had in hand only facsimiles of the Agreement signatures of the Owners. The hard copy originals were on their way in the mail. Due to some confusion or oversight, instead of using the January 9, 2002 version of the Agreement (the version executed by the Owners), when the document was presented to Board President Hill for signature, the earlier January 2, 2002 version was used. The basic terms and conditions were the same between the two versions, but the latter version had expanded recitals, as well as fuller explanations and descriptions. The transfer of title of the Eastern Parcel from the Owners to the County occurred, pursuant to the terms of the agreement and the understandings of the parties, on January 31, 2002. |
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This resolution authorizes the Board President to execute the agreed upon version of the Agreement, and to substitute it for any earlier version that may have been executed. |
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Vision Alignment |
The correction of the oversight keeps the commitment to responsive, effective and collaborative government and goal number 22: effective communication. |
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Fiscal Impact |
There is no fiscal impact in connection with the execution of the intended version of the agreement. |
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THOMAS F. CASEY III, COUNTY COUNSEL |
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cc: |
John L. Maltbie, County Manager |
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Marcia Raines, Director of Environmental Services |
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Mary Burns, Director of Parks and Recreation |
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Steven Alms, Real Property Manager |