HomeMy WebLinkAboutTC Res 2003-10-01
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RESOLUTION NO. 37-2003
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A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON ACCEPTING AN AMENDMENT TO
A PRE-EXISTING DEED RESTRICTION AND FURTHER
AUTHORIZING THE TOWN MANAGER TO ACCEPT
CONVEYANCE OF A CONDOMINIUM LOCATED AT
5 MARSH ROAD
ON BEHALF OF THE TOWN OF TIBURON
1.
Findinl1S of Fact.
A. In 1987, the Town of Tiburon sold a condominium unit located at 5 Marsh Road,
Tiburon, California ("Premises") at a below market rate to Ms. Sylvia Vall. The
Premises were part of the Town's affordable housing program intended to allow persons
oflow and moderate income the opportunity to own their own homes.
B. As a condition to the sale, Ms. Vall signed a document entitled "Addendum A to
Condominium Grant Deed: Grant of Preemptive Right to Purchase to the Town of
Tiburon" ("Addendum"). The Addendum was recorded in the Office of the County
Recorder of Marin County as a part of the Grant Deed on September 30, 1987 as
Instrument No. 87-64637.
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C. The Addendum imposed a number of restrictions on the sale and use of the Premises.
Among other things, the Addendum prohibited the resale or rental of the Premises
without the Town's prior written consent. Ms. Vall has admitted to renting the Premises
without the Town's consent. Under the terms of the Addendum, the Town is now
authorized to exercise its option to purchase the Premises. However, Ms. Vall has
requested that the Town permit her to retain ownership and occupancy of the Premises.
D. On September 17,2003, the Town Council decided to grant Ms. Vall's request on the
condition that she (i) sign the attached Amendment to the Addendum and (ii) maintain
the Premises as her personal primary resident; and further provided that in the event of
any future violations of the Addendum and/or Amendment, the Town Manager shall have
full authority to take all steps necessary and appropriate to exercise the Town's option to
purchase the Premises.
2. Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town ofTiburon as
follows:
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Tawn Council Resolution No. 37-2003 Adopted 10/1/03
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A.
The Town of Tiburon accepts the Amendment to Addendum A to Condominium
Grant Deed: Grant of Preemptive Right to Purchase to the Town of Tiburon,
attached as Exhibit A. The Town Manager is authorized to execute all documents
necessary to memorialize said acceptance, including a certificate of acceptance.
B. In the event that Ms. Vall fails to return the Amendment with her notarized signature
to the Town Attorney by October 17, 2003, the Town Manager is hereby authorized
to take all steps necessary and appropriate to exercise the Town's option to purchase
the Premises, including, without limitation, retaining outside counsel to enforce the
option, the cost of which shall be deducted from the purchase price of the unit, and
executing all documents necessary to effectuate the conveyance, including, without
limitation, a certificate of acceptance.
C. In the future, should the Town Manager determine that Ms. Vall has violated any
term of the Addendum or the Amendment, the Town Manager is hereby authorized to
take all steps necessary and appropriate to exercise the Town's option to purchase the
Premises, including, without limitation, retaining outside counsel to enforce the
option, the cost of which shall be deducted from the purchase price of the unit, and
executing all documents necessary to effectuate the conveyance, including, without
limitation, a certificate of acceptance.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town ofTiburon
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AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Berger, Fredericks, Slavitz, Thompson
None
Gram
ATTf~~.
DIANE CRANE IACOPI, TOWN CLERK
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Town Council Resolution No. 37-2003 Adopted /0/1103
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