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HomeMy WebLinkAboutAgr 2018-04-12 (Hilarita-Tiburon Ecumenical Association) Amendment to Agreement Between the Town of Tiburon and the Hilarita-Tiburon Ecumenical Association This Amendment to Agreement Between the Town of Tiburon and the Hilarita-Tiburon Ecumenical Association("Amendment") is entered into by the Town of Tiburon, a municipal corporation("Town") and the Hilarita-Tiburon Ecumenical Association, a California non-profit public benefit corporation("Hilarita"), on this /,� day of A �- � � , 2018. Recitals 1. On November 9, 2015, the Town and Hilarita entered into an Agreement ("Agreement")that would provide parking spaces on Hilarita property for use by staff of The Ranch, a joint powers agency providing recreation programming for the Tiburon peninsula. Said Agreement included Exhibit"A", a graphic depicting two separate areas labeled"Area of Use for Parking", one area being further labeled "unpaved" and the other being further labeled"red curb area". 2. Hilarita residents have expressed concern that the parking of vehicles located in the "red-curb area" as depicted on Exhibit"A", results in a narrower than desired vehicular roadway width for Hilarita residents and their guests and invitees. 3. The Board of Directors for the Hilarita discussed the matter at its meeting on February 12, 2018, and voted to cause an amendment to the Agreement to be prepared that would eliminate the "red-curb area" parking spaces while retaining the three "unpaved area" parking spaces for staff of The Ranch. 4. The parties have agreed to amend the Agreement to remove the "red curb area" parking spaces, and all references to them, from the Agreement. NOW, THEREFORE, based upon the foregoing recitals,the parties agree to amend the Agreement as follows: Amendment to Agreement 1. Section B (License) is hereby replaced with the following Section B: License. Hilarita hereby grants to Town, and the Town hereby accepts from Hilarita the right, privilege, and permission to use a portion of upper Ned's Way for purposes of creating additional parking spaces for permit-only parking for The Ranch employees, as depicted on Exhibit"A" attached hereto and incorporated herein("Parking Spaces"). 2. Section C (Number of Spaces) is eliminated. 3. Section E (Hours of Use), subsection 1 regarding use of red-curbed spaces, is eliminated. 4. Exhibit"A"to the Agreement is modified to eliminate the text reading "Area of Use for Parking (red curb area)" and to eliminate the dashed lines associated with said red curb area. Except as expressly modified by this Amendment,the Agreement between the Town and Hilarita shall remain in full force and effect. IN WITNESS HEREOF, the parties hereto have caused this Amendment to be executed as of the date indicated next to the authorized signatures of the principals, members or officers of each of them, as appear below. TOWN OFT RON Dated: Greg ,1h is Town M nager HILARITA Dated: Carolyn Grey, resident Board of Directors APPROVED AS TO FORM: Dated: Benjamin L. Stock, Esq. Town Attorney