HomeMy WebLinkAboutAgr 2007-08-01 (Anderson, O'Neill, Haruburda)
AGREEMENT TO INSTALL DRAINAGE PIPELINE
THIS AGREEMENT ("Agreement") is entered into this l c;. r day of ':iv,1. 2007,
by and between the TOWN OF TIBURON, a municipal corporation ("Town") and Court y & Sandy
Anderson, Tom and Peggy O'Neill and Joseph and Cathy Haruburda, owners, respectively, of the
real properties located at 120 Solano Street (APN 059-143-36), 110 Solano Street (APN 059-143-
35), and 2205 Mar East Street (APN 059-143-12) in Tiburon, CA (collectively, "Property Owners").
Recitals
A. Property Owners desire 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 Undergroundi~ 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 Owners' 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 Owners' property.
c. To resolve this dispute, Town is willing to install the requested pipeline on the terms and
conditions herein, and provided that Property Owners assume responsibility for the pipeline
downstream of the Town's Paradise Drive Right of Way.
Ae:reement
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 Owners will indemnify,
defend and hold harmless the Town, its Engineer, consultants, contractor, and their
employees any claims, losses or other liability associated with the Work, including,
without limitation, damage to Property Owners' properties 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 or for damage to any other downstream properties that results from the
Work or subsequent maintenance, or lack thereof, of the pipe.
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
Permit No. 01- 7~
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performing the Work or any subsequent problem in the road resulting from the Work.
Town and Contractor shall warrant the Work for one year, during which period they
shall be responsible for any maintenance or repairs. Thereafter, the Town shall have no
responsibility for repair or replacement of the Work unless caused in subsequent work
by the Town or its contractors. Property Owners shall be responsible for any
maintenance of the Work and to keep it clear and unobstructed. Should the Property
Owners' lack of maintenance cause damage or destruction of the pipe, they will be
responsible for repair or replacement of the Work that they deem necessary or
appropriate. Notwithstanding the foregoing, if the Town fmds that the condition of the
Work constitutes a danger to public health or property, the Town may, after giving
Property Owners 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. F or 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. Each 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 at their expense.
6. Property Owners are 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 Owners will each contribute
$1,000 towards this cost for a total of$3,000, by making paYment to the Town within
five days of the execution of this Agreement. A fourth property owner will contribute an
additional $1,000 to the project pursuant to a separate agreement with the Town. The
Town 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 Owners, but shall not be recorded.
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. an
Town Manager
~~~
Ann R. Danforth,
Town Attorney
SIGNATURES CONTINUED ON NEXT PAGE
Permit No. 07...7.3
~
SIGNATURES CONTINUED FROM PREVIOUS PAGE
Property Owners:
Sign:
Print: Tom & Peggy O'Neill
Sign: ~O.},JJ..QQ
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=~~~~ G&(e1J~
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Permit No. Q7 -73
Date: 7-y/'u7
./] 1'7 . I /1
Date: V "'')/ //) /
V/4./
Date: ~l
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3/5
APPENDIX A
Permit No. 07-73
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