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Home My WebLink AboutAgr 2015-11-09 (Hilarita-Ecumenical Association)Agreement Between the Town of Tiburon and the Hilarita-Tiburon Ecumenical Association This Agreement ("Agreement") is entered into by the Town of Tiburon, a municipal corporation ("Town") and the Hilarita-Tiburon Ecumenical ociation, a California non-profit public benefit corporation ("Hilarita"), on this day of ("Effective Date"). Date"). Recitals 1. Town is desirous of establishing employees -only parking for property it owns at 600 Ned's Way in Tiburon ("Town Property"), and adjacent to the Hilarita Apartments. The Town leases the Town Property to The Ranch, a joint powers agency providing recreation programming for the Tiburon peninsula. 2. Town had proposed converting certain Town -controlled parking spaces along lower Ned's Way to permit -parking only during limited days and hours in order to provide the desired employees -only parking on the Town Property for The Ranch staff. 3. Hilarita residents voiced concern and opposition to said proposal, and Town has put forth an alternative parking plan that would create new parking spaces along Ned's Way for The Ranch employees on a permit -only basis and have no effect on the Town -controlled spaces on lower Ned's Way initially proposed for conversion. 4. Town and Hilarita wish to enter into an Agreement to establish the location and parameters of said alternative parking plan for the benefit of both parties. NOW, THEREFORE, in consideration of the mutual benefit contained herein, Town and Hilarita agree as set forth herein: Agreement A. Recitals. The foregoing recitals are incorporated by reference as though fully set forth herein. 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"). The Parking Spaces include parking along the red curb section of the curve on Ned's Way right-of-way, and parking on a currently unpaved portion of the Ned's Way right-of- way as depicted on Exhibit "A". C. Number of Spaces. The total number of additional Parking Spaces to be created on Hilarita property for the benefit of the Town Property shall not exceed seven (7) spaces. D. Term. The term of this Agreement shall commence on the Effective Date, and shall continue until terminated by either party pursuant to Section I.1 of this Agreement. E. Hours of Use, Signage and Enforcement. 1. Use of red -curbed spaces. Parking Spaces proposed on the paved red -curbed portion of the Ned's Way right-of-way shall be utilized by The Ranch employee vehicles on weekdays only from 8 a.m. to 6 p.m. 2. Use of unpaved Ned's Way right-of-way spaces. Parking Spaces proposed for the unpaved right-of-way portion of Ned's Way shall be occupied by The Ranch employee vehicles without limitation on hours or days. 3. Town shall install signs indicating permit -only parking for The Ranch employees and noting any day/hour limitations. Signs shall indicate vehicles parked in violation will be cited or towed. 4. Town shall reasonably enforce the parking limitations on the Parking Spaces, both by physical inspection and on a complaint basis. F. Incidental Improvements and Maintenance. 1. Hilarita authorizes Town to install signs, gravel, and make other necessary improvements or modifications to facilitate creation, regulation, and enforcement of the Parking Spaces. 2. Town agrees to maintain any such signs and improvements set forth in F.1 above. G. Indemnification. 1. Town hereby waives and releases Hilarita from any and all manner of rights, liabilities, claims, actions, causes of action, suits, proceedings, demands, damages, costs, expenses (including attorney fees and costs) or other compensation whatsoever ("Claims") for damage to any property or injury, illness or death of any person in, upon or about the Parking Spaces arising from the Town's use or occupancy of the Parking Spaces pursuant to this Agreement, except to the extent of Hilarita's negligence or willful misconduct. 2. Town shall indemnify, defend and hold harmless Hilarita from and against any and all Claims of any kind or nature arising out of this Agreement or Town's use of the Parking Spaces, except to the extent such Claims arise out of Hilarita's negligence or willful misconduct. 3. Hilarita shall indemnify, defend and hold harmless the Town from and against any and all Claims of any kind or nature arising out of this Agreement or Town's use of the Parking Spaces to the extent such Claims arise out of Hilarita's negligence or willful misconduct. H. Insurance. 1. Town shall maintain in full force and effect during the Term, insurance or an insurance equivalent (including but not limited that offered to a municipality through and by a joint powers authority, a self-insurance pool of liability coverage authorized pursuant to California Government Code Section 6500, or similar collective) insuring Town's use of the Parking Spaces on an occurrence basis similar in type and coverage limits to that carried by Town on its other properties, with Hilarita listed as additional insureds. 2. Hilarita shall maintain in full force and effect during the Term, property insurance and commercial general liability insurance with minimum limits acceptable to Town for bodily injury, personal injury and property damage insuring against claims which may arise from or in connection with Hilarita's use of its property, with Town and its officers, agents and employees listed as additional insureds. I. Miscellaneous. 1. This Agreement may be terminated by either party by giving the other party ninety (90) days written notice before the termination date. 2. The laws of the State of California shall govern the interpretation, validity, and enforcement of this Agreement. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Marin. 3. The Parties agree to negotiate in good faith to resolve and disagreements that may arise from this Agreement. 4. This Agreement constitutes the entire Agreement and understanding between the Parties and may not be modified orally or in any manner other than by an agreement in writing signed by both Parties. 5. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and execute this Agreement on behalf of the respective legal entities of Town and Hilarita. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns. TOWN OF TIBURON Margaret A.'Curran Town Manager HILARITA 44., a Qharles Quick, President Board of Directors APPROVED AS TO FORM: Benjamin L. Stock, Esq. Town Attorney Dated: /o -/S -/r Dated: / / Dated: /Chili Attachment: Exhibit "A", Graphic of Location of Parking Spaces y r x •� l / • `, �aa / / m _.— "'o / // / // //x / N / / / / / 2/63 � o Area of Use /f / // f *s //0 -C / / / / /r - K / r I for Parking / / ( / ri -. (unpaved) //f // _ i y // " p ! a / f/D RI ..` / r` / N / / p JO, Wipe / (2838 A EM�Rr /l 43) 7�— L J North Scale 1" = 20 feet / The Ranch at 5u54 Dairy Knoll J\51 gr, / / m Io lm /o I m, J Area of Use for Parking • (red curb area) ay ; r/ / r A / / / // / /f / / / 1 / / /o /ho / / • / • x / / �° f / r / I � I Hilarita P4 0 om OD a EXHIBIT "A" X o , 'O /