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File #: 19-1222    Version: 1 Name:
Type: Resolution Status: Passed
File created: 12/3/2019 Departments: PARKS
On agenda: 12/10/2019 Final action: 12/10/2019
Title: Adopt a resolution authorizing the County Manager, or his designee, to execute a Second Amendment to the Tunitas Creek Beach Purchase and Sale Agreement to extend the Closing Date to no later than March 31, 2020.
Attachments: 1. 20191210_r_TunitasPSAamendment.pdf, 2. 20191210_a_Second Amendment to purchase and sale agreement.pdf
Special Notice/Hearing: None
Vote Required: Majority

To: Honorable Board of Supervisors
From: Nicholas J. Calderon, Parks Director
Subject: Second Amendment to the Tunitas Creek Beach Purchase and Sale Agreement

RECOMMENDATION:
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Adopt a resolution authorizing the County Manager, or his designee, to execute a Second Amendment to the Tunitas Creek Beach Purchase and Sale Agreement to extend the Closing Date to no later than March 31, 2020.

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BACKGROUND:
On May 14, 2019, your Board adopted Resolution Number 076590, which authorized the execution of the Tunitas Creek Beach Purchase and Sale Agreement ("Agreement"). Pursuant to the Agreement, consummation of the acquisition is contingent on several conditions first being satisfied, including execution of the Cowell-Purisima Trail Agreement and Post Transfer Agreement.

The Cowell-Purisima Trail Agreement will define the Parks Department's ("Department") management responsibilities for the Peninsula Open Space Trust ("POST") and State Coastal Conservancy-owned Cowell-Purisima Coastal Trail. The Post Transfer Agreement will establish how the Department can use funds raised by POST for the Tunitas Creek Beach property.

In accordance with the Agreement, the Cowell-Purisima Trail Agreement and Post Transfer Agreement were to be fully executed no later than October 31, 2019. Because the parties were still negotiating the remaining provisions of the Cowell-Purisima Trail Agreement at the end of October, the Agreement was amended to extend the closing date to December 31, 2019. The parties are still negotiating the final provisions of the Cowell-Purisima Trail Agreement, and therefore a Second Amendment to the Agreement to further extend the closing date is required.

DISCUSSION:
Negotiations of the Cowell-Purisima Trail Agreement are nearly completed, and the remaining provisions pertain to the duration in which the Department is to manage the Cowell-Purisima Coastal Trail and how the Department's...

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