FAIRFAX TOWN COUNCIL SPECIAL MEETING
STAFF REPORT
SPECIAL MEETING AGENDA ITEM #1
MEET ING DAT E: September 6, 2023
P REP ARED FOR: Mayor and Town Council
P REP ARED BY: Heather Abrams , Town Manager
S UBJ ECT : Authorize Mayor and Vice Mayor to negotiate and execute an agreement cons is ting of initial provis ions and potential future amendments , with Marin Open Space Trus t (MOST) regarding exploration of purchas e for open s pace of 100 acre property commonly referred to as the Wall Property.
RECOMMENDAT ION
Authorize Mayor and Vice Mayor to negotiate and execute an agreement with Marin Open Space Trus t (MOST) regarding the exploration and pos s ible purchas e for open s pace of the 100 acre property commonly referred to as the Wall Property.
DIS CUS S ION
In a clos ed s es s ion on Augus t 29, 2023, the Town Council dis cus s ed price and terms for a pos s ible purchas e of the Wall Property as open s pace. The Council Subcommittee formed to work on this project cons is ts of Mayor Chance Cutrano and Vice Mayor Barbara Coler. The Subcommittee has been meeting with various s takeholders and would like authorization to move forward with an initial agreement with MOST to acquire required apprais als and geotechnical evaluations , to s eek funding, and to work with the parties to s tructure a potential purchas e plan. Additional amendments to the agreement may be needed for future work.
The initial provis ions of the agreement between the Town of Fairfax and MOST will incorporate the following:
1. MOST will contact the owner of the property to expres s interes t in acquiring the property to be directly deeded to a public entity for permanent open s pace.
2. MOST will initiate and pay for an apprais al.
3. If the apprais ed amount is reas onable and if a public entity is agreeable to accept the property as open s pace, MOST will attempt to obtain an option or purchas e contract with an adequate contingency period for further due diligence and fundrais ing.
4. MOST will contract and pay for a preliminary geotechnical report in cooperation with the Town and other public entity(s ) to focus on lands lide ris ks to adjacent properties and on reas onable mitigation meas ures .
Likewis e, in cooperation with the Town and other public entity(s ), MOST will purs ue all other due diligence is s ues .
5. MOST will work with all interes ted parties to s ecure the neces s ary funds for the purchas e of the property.
FISCAL IMPACT
There is no fis cal impact at this time.