FAIRFAX TOWN COUNCIL SPECIAL MEETING
COUNCIL MEMBER REPORT
SPECIAL MEETING AGENDA ITEM #2
MEETING DATE May 22, 2024
PREPARED FOR Town Council
PREPARED BY Barbara Coler, Mayor
SUBJECT Consideration and Approval of Memorandum of Understanding (MOU) Between the Town of Fairfax and the Marin Open Space Trust (MOST) Regarding the Acquisition of the Wall Property
RECOMMENDATION
Approve the Memorandum of Understanding (MOU) Between the Town of Fairfax and the Marin Open Space Trust (MOST) Regarding the Acquisition of the Wall Property and Authorize the Mayor to sign the MOU.
DISCUSSION
On September 6, 2023, the Town Council authorized the Mayor and Vice Mayor to negotiate and execute an agreement with the Marin Open Space Trust (MOST) regarding the exploration and possible purchase for open space of the 100-acre property commonly referred to as the Wall Property. The Council Subcommittee is comprised of Mayor Coler and Councilmember Cutrano. The Council appointed the Subcommittee on August 29, 2023 - since that time the Subcommittee has been meeting with various stakeholders. Since that time, MOST has completed a number of activities related to the property. MOST initiated and paid for an appraisal; MOST also contracted for a preliminary geotechnical report in cooperation with the Town and other public entity(s) to focus on landslide risks to adjacent properties and on reasonable mitigation measures. As the appraised amount was reasonable, MOST entered into a Vacant Land Purchase Agreement and Joint Escrow Instructions (a.k.a., the Purchase Agreement) dated November 4, 2023, with the owner of the Property, Marinda Heights, LLC, a California limited liability company. The Purchase Agreement provides an adequate period of time for further due diligence and fundraising. Among other things, MOST continues to work with all interested parties to secure the necessary funds for the purchase of the property. The Subcommittee and MOST continue to work with the Marin County Open Space and Parks District (MCOSD) on property management matters, also with other stakeholders on funding and other issues related to our shared conservation goals for the property.
In addition, the Town changed its website to direct all Wall donations to MOST; the Town’s Open Space Committee held two highly successful Wall fundraising events with all funds sent directly to MOST; and several Town businesses held an evening event with a portion of proceeds, again, sent directly to MOST for Wall.
MOST and the Town have been working together to achieve a common conservation goal—the permanent protection of the property (i.e., 100-acre unimproved property in the Town of Fairfax, California, referenced as Assessor Parcel Numbers 001-150-12, 001-160-09, 001-171-51, and 001-251- 31, and commonly known as 400 Marinda Drive, Fairfax, California). The purposes of the acquisition are for the protection, restoration, and enhancement of natural resources, wildlife habitat, open space, cultural resources, and compatible public access.
2 The purpose of the MOU is to memorialize the intent of MOST and the Town of Fairfax to transfer title of the Wall Property to the Town. In return, MOST commits to raise the funds ($2,300,000) for the purchase of the Wall Property (and for $500,000 in restoration costs) and to convey the escrow account with all funds and the Wall Property to the Town (on or before October 29, 2024). In turn, the Town will accept title to the Property subject to the Town’s satisfaction with its due diligence investigations. The Parties envision that the Property will be protected in perpetuity as public open space accessible to all, and integrated into the surrounding protected properties. It is intended that the Town will manage the Property as an open space preserve consistent with the acquisition purposes outlined above.
FISCAL IMPACT
There is no fiscal impact at this time.
ATTACHMENT
Memorandum of Understanding Between the Town of Fairfax and MOST re: the Wall Property