HomeMy WebLinkAboutAgr 2007-07-30 (Navone)
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AGREEMENT TO INSTALL DRAINAGE PIPELINE \, v - oJ
TOWN ATTORNEY'S OFFICE
...rL ..-:" (TOWN OF TIBUROl\l
THIS AGREEMENT ("Agreement") is entered into this j6 day ofUv 1---/ ,2007,
by and between the TOWN OF TIDURON, a municipal corporation ("Town") and the Patricia T
Navone,owner, of the real property located at 2200 Paradise Drive (APN 059-143-37) ( "Property
Owner").
Recitals
A. Property Owner desires the Town to reinstate and replace a conduit that conducted water
runoff and natural spring water across Town right of way, Paradise Drive. The conduit
was cut in the Tiburon Utilities Undergrounding Project and then abandoned by the Town
due to their assessment that it was in a poor state of repair. Below Paradise Drive, water
entered the Property Owner's properties and was channeled via a private watercourse built
by property owners to contain it ("Watercourse").
B. Town denies any fault regarding the pre-existing run-off and natural spring conduit.
Moreover, the Town Engineer has opined that the requested drainage facility serves no
public purpose and may cause inconvenience and/or damage to Property Owner's property.
c. To resolve this dispute, Town is willing to install the requested pipeline on the terms and
conditions herein, and provided that Property Owner assumes responsibility for the pipeline
downstream of the Town's Paradise Drive Right of Way.
Aereement
1. The Work consists of installing a new 6-inch diameter plastic pipe under the Town's
right of Way from the drainage inlet at 2205 Paradise Dr., terminating at 2200 Paradise
Dr. and where the existing entry point is located, to divert water to the Watercourse, as
further described in Exhibit A, which is attached hereto and incorporated herein by
reference. The Work does not include a valve to regulate flow in order to facilitate the
maintenance flushing of the pipe.
2. Town will administer and coordinate with its contractor, Maggiora and Ghilotti
("Contractor"), to install the pipeline ("Work") for the Property Owners' benefit as
described herein.
3. Except as provided in Paragraph 5 of this Agreement, Property Owner will indemnify,
defend and hold harmless the Town, its Engineer, consultants, contractor, and their
employees any claims, losses or other liability, including, without limitation, damage to
Property Owner's property from such occurrences as future storm and drainage events
and any sub-surface water conditions in the surrounding area that may contribute water
to the residents' water feature for the life of the watercourse.
4. Town and Contractor will be responsible for any damage to the Town right of way or to
property belonging to persons that are not party to this Agreement during the course of
performing the Work or any subsequent problem in the road resulting from the Work.
The Town shall have no responsibility for repair or replacement of the Work.
Permit No. 67-73
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Notwithstanding the foregoing, if the Town finds that the condition of the Work
constitutes a danger to public health or property, the Town may, after giving Property
Owner reasonable notice and an opportunity to remedy the problem, may take those
measures that the Town Engineer deems necessary, including, without limitation, closing
the pipeline. For purposes of this section, "reasonable notice and opportunity to remedy
the problem" shall be determines based on the severity and eminence of the likely harm
but shall in no event exceed 30 (thirty) days.
5. This Agreement is not intended to change or convey any property interest of the
respective parties hereto. The Property Owner shall remain the owner of that portion of
the Watercourse and related drainage/water facilities located on his or her property and
shall be solely responsible to maintain and repair the portion of the Watercourse on his
or her property as said property owner deems necessary or appropriate at their expense.
6. Property Owner is informed that this installation will not resolve any known or unknown
sub-surface water and drainage conditions that may naturally occur as a result of surface
water infiltration into the ground and naturally occurring ground-water veins in the
surrounding soil and rock layers.
7. The Work will cost approximately $7,000. The Property Owner will contribute $1,000
towards this cost, by making payment to the Town within five days of the execution of
this Agreement. The Town and other property owners will contribute the balance of the
actual cost. Failure of any Property Owner to make timely payment will result in the
automatic termination of this Agreement.
8. The conditions herein will run with the land and be binding on the successors in interest
to the Property Owner, but unrecorded.
IN WITNESS WHEREOF, the parties hereto have caused this agreement 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:
APPROVED AS TO FORM:
BY:~
Margaret A. rran
Town Manager
~ ~;;:::-
Ann R. Danforth, ,
Town Attorney
SIGNATURES CONTINUED ON NEXT PAGE
Permit No. b"'7"?3
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SIGNATURES CONTINUED FROM PREVIOUS PAGE
Property Owner:
Si~ ~Date:'--t /~oj07
Print: Patrica Navone
Permit No. 0"7 -73
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