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TIBURON TOWN COUNCIL
AGENDA
REGULAR MEETING
TOWN OF TIBURON
1101 TIBURON BLVD,
MEETING DATE:
MEETING TIME:
CLOSED SESSION:
INTERVIEWS:
October 18, 1995
7:30 P,M,
7:15 P.M,
6:45 P.M.
PLEASE NOTE: In order to give all interested persons an opportunilyto be heard, and to ensure the presentation 01 all points 01
view, members of the audience should:
(1) Always Address the Chair; (2) State Name and Address; (3) State Views Succinctly; (4) Limll Presentations to 3 minuies; (5) Speak
Directly into Microphone.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, pJease contact Town Hall
(415) ~7373. NotifICation 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to
this meeting (28 CFR 35,102-35,104 ADA Title III
REDEVELOPMENT AGENCY
A. ROLL CALL
B. APPROVAL OF MINUTES
1. #49-95,~October 4, 1995
C, BUSINESS MEETING
2, ADOPT AMENDMENT TO CECILIA PLACE SENIOR HOUSING
PURCHASE AGREEMENT - Assessors' Parcel Nos. 34-351-11 & 12
(Resolution)
D. ADJOURNMENT
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
TOWN COUNCIL
A. ROLL CALL
B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any)
C. PUBLIC OUESTIONS AND COMMENTS
Please confine your comments during this portion of the agenda /0 matters not already on this agenda, other
lhan ilems on Ihe Consent Calendar. The public will be given an opporlunity 10 speak on each agenda ilem 01
the time it is called. Presentations are limited to three (3) minutes. kfa//ers requiring action will be refelTed to
the appropriate C 011l11lission, Board, C011l11lil/ee or Staff for consideration and/or placed on a future meeting
agenda.
D. APPOINTMENTS TO BOARDS, COMMISSIONS OR COMMITTEES
E, COUNCIL. COMMISSION OR COMMITTEE REPORTS
1. HOUSING COMMITTEE (Richard Hinkel, Chair)
2. TRAFFIC SAFETY COMMITTEE (Chief of Police Herley)
3. SOUTHERN MARIN FIRE CONSOLIDATION UPDATE (Councilmember
Thayer)
F, CONSENT CALENDAR
The purpose of the Consent Calendar is to group items together which generally do not require discussion and
which will probably be approved by one motion unless separate action is required on a particular item. Any
member of the Town Council, Town Staff, or the Public may request removal of an item for discussion.
4. APPROVAL OF TOWN COUNCIL MINUTES - #1065, October 4, 1995
5. TOWN MONTHLY INVESTMENT SUMMARY - As of August 31, 1995
G. UNFINISHED BUSINESS
H, NEW BUSINESS
6, NEW DOWNTOWN TOWN HALL - APPROVE ARCHITECT'S
CONTRACT
7, NEW COMMUNITY LffiRARY - TRANSFER OF PROPERTY TAX TO
TOWN OF TffiURON (Agreement)
8. ABAG POWER PURCHASING POOL - AUTHORIZATION FOR TOWN TO
ENTER INTO SUBSCRIPTION AGREEMENT FOR NATURAL GAS
(Resolution)
I. COMMUNICA nONS
J, STAFF & TOWN MANAGER REPORTS
9. OPTION TO ADD NOVEMBER 15 COUNCIL MEETING
K. ADJOURNMENT
Future Agenda Items
- Streets Improvement Program
- Historical Designation of Newman Property
- Southridge Drainage & Utility Easement (Accept Grant of Easement)
- Green Can Trial Program Report (November 15)
- Mill Valley Refuse Service Franchise Agreement
Future Activities
- Blackie's Statue Dedication
- Marin County Council of Mayors & Council members (October 25 - Tutto Mare)
DATE OF MEETING: October 20. 1995
NO. 13-1995
DATE POSTED: October 13. 1995
NOTICE OF STATUTORY AUTHORITY FOR HOLDING
CLOSED MEETING OF THE TlBURON TOWN COUNCIL
Pursuant to California Government Code Sections 54950 et seq., the Town Council will hold a
Closed Session, More specific information regarding this meeting is indicated below:
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Section 54956.9a)
Name of Case: State of California v. Zelinsky, et aI.
(Marin County Superior Court No. 163929)
~ f)4 '1F1
DRA~T
REDEVELOPMENT AGENCY
MINUTES
CALL TO ORDER
Chairman Thompson called the meeting of the Redevelopment Agency of the Town of
Tiburon to order at 7:44 p.m., Wednesday, October 4, 1995 in Council Chambers, 1101
Tiburon Blvd., Tiburon, California,
A. ROLL CALL
PRESENT: BOARDMEMBERS: Ginalski, Nygren, Thayer, Thompson, Wolf
ABSENT: BOARDMEMBERS: None
EX OFFICIO: Executive Director Kleinert, Minute Clerk Crane
B. APPROVAL OF MINUTES
I. #RA-48-95 September 20, 1995
MOTION:
To approve Minutes #RA-48-95, as submitted.
Moved:
Vote:
Thayer, Seconded by Wolf
AYES: Unanimous
NOES: None
C. UNFINISHED BUSINESS
2. AFFIRM APPROPRIATION OF HOUSING SET -ASIDE FUNDS -
HILARIT A PRESERVATION PROJECT
Boardmember Thayer and Chairman Thomspon said they had talked to Carolyn
Attkisson and had their questions answered concerning the project and short-fall in
HUD funding, and were comfortable moving ahead with the appropriation of funds.
#RA-49-95
October 4. I 995
MOTION:
To approve appropriation of Housing Set-Aside Funds for
Hilarita Preservation
Thayer, Seconded by Nygren
AYES: Unanimous
NOES: None
Moved:
Vote:
D. ADJOURNMENT
There being no further business before the Redevelopment Agency of the Town of
Tiburon, Chairman Thompson adjourned the meeting at 7:46 p.m., sine die.
ANDREW THOMPSON, CHAIRMAN
ATTEST:
DIANE L. CRANE
MINUTE CLERK
#RA-49-95
October 4, 1995
2
TIBURON REDEVELOPMENT AGENCY STAFF REPORT
From:
BOARD OF DIRECTORS
FINANCE DIRECTOR
Meeting:
~DA Item No:
OCTOBER 18,1995
Q.
To:
-
Subject:
SECOND AMENDED DISPOSITION, DEVELOPMENT & LOAN AGREEMENT
(DDLA) FOR THE TIBURON HIGHLANDS HOUSING DEVELOPMENT
Backl!round:
This item is for Second Amendment of the Disposition, Development and Loan Agreement (DDLA) between
the Tiburon Redevelopment Agency and the Ecumenical Association for Housing (EAH) for the Tiburon
Highlands Housing Development.
Discussion:
According to terms of the existing DDLA the developer (EAH) must purchase the property from the Agency
by November I, 1995. It was originally anticipated that EAH would purchase the property with grant funds.
It is now anticipated that County CDBG funds will not become available to EAH until 30 to 60 days
following the November 1st date, The amendments address the eash flow timing problem and provide the
Agency with contractual assurances that the funds owed will be paid to the Agency immediately upon receipt
of County CDBG funds
Article 4, Section 4.2 of the DDLA must be amended to facilitate the EAH purchase of the property from the
Redevelopment Agency as planned.
The proposed amendments will enable EAH to purchase the property by November I, 1995 - with a cash
down payment of$35,000, and a secured promissory note which requires payment of the remaining $215,000
upon receipt of County Community Development Block Grant (CDBG) funds,
Recommendations:
1. Adopt Resolution of the Tiburon Redevelopment Agency: "APPROVING EXECUTION AND
IMPLEMENTATION OF A SECOND AMENDED AND RESTATED DISPOSITION, DEVELOPMENT
AND LOAN AGREEMENT FOR THE TIBURON HIGHLANDS HOUSING DEVELOPMENT AND
TAKING RELATED ACTIONS IN CONNECTION WITH SUCH APPROVAL."
Exhibits:
1. Authorizing Resolution
2, DDLA, Article 4,
3, DDLA, Exhibit I. Promissory Note
RESOLUTION NO.
A RESOLUTION OF THE TIBURON REDEVELOPMENT AGENCY
APPROVING EXECUTION AND IMPLEMENTATION OF A SECOND
AMENDED AND RESTATED DISPOSITION, DEVELOPMENT AND LOAN
AGREEMENT FOR THE TIBURON HIGHLANDS HOUSING DEVELOPMENT
AND TAKING RELATED ACTIONS IN CONNECTION WITH SUCH APPROVAL
.'
WHEREAS, the Town Council of the Town of Tiburon (the "Town
Council") has adopted the Redevelopment Plan for the Tiburon
Redevelopment Project Area (the "Redevelopment Plan") on November
28, 1983, by Ordinance No, 279, affecting the Tiburon Redevelopment
Project Area (the "Project Area"); and
WHEREAS, the Tiburon Redevelopment Agency (the "Agency") is
vested with responsibility pursuant to the Community Redevelopment
Law (Health and Safety Code Section 33000 et ~,) (the "Law") to
implement the Redevelopment Plan in the Project Area; and
WHEREAS, the Agency is the owner of an approximately 2,94 acre
parcel of land located outside the Project Area at the end of
Cecilia Way (the "Property"); and
WHEREAS, the Agency desires to cause redevelopment of the
Property through the construction of sixteen dwelling units to be
rented at affordable housing cost to qualified low and moderate
income households, including very low income households, comprised
of elderly persons (the "Development"); and
WHEREAS, the Agency has selected Ecumenical Association for
Housing, Inc. (the "Developer") to serve as the developer of the
Development on the Property; and
WHEREAS, following duly noticed joint public hearings and
approvals by the Town Council and the Agency on July 20, 1994, and
March 1, 1995, the Agency and the Developer have entered into an
Amended and Restated Disposition, Development and Loan Agreement
(the "Current DDLA") providing for disl'osition of the Property and
development of the Development; and
WHEREAS, for the following reasons, the Agency and the
Developer desire to further amend and restate the Current DDLA
through execution of a Second Amended and Restated Disposition,
Development and Loan Agreement (the "Second Amended DDLA") , a copy
of which is on file with the Agency Secretary:
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EXHIBIT NO.
I
1,
that are
Developer
1, 1995;
To maintain its right to receive tax credit equity funds
essential to the financing of the Development, the
must purchase the Property from the Agency by November
2. The Developer intends to pay the purchase price for the
Property from Community Development Block Grant Funds that the
County of Marin has committed for such purpose (the "County
Funds");
3. The County Funds will not become
Developer until 30-60 days after the November 1,
the Developer must purchase the Property,
4. To address this short-term cash flow timing issue, the
Agency is prepared to convey the Property to the Developer by
November 1, 1995 in exchange for a cash down payment and a
promissory note secured by a deed of trust on the Property, whereby
the Developer promises to pay the balance of the purchase price to
the Agency immediately upon receipt of the County Funds, all as
fully set forth in the Second Amended DDLA; and
available to the
1995 date by which
WHEREAS, the modifications to payment of the purchase price
set forth in the Second Amended DDLA will enable the Development
to proceed under the County Funds timing circumstances without any
material adverse financial impact on the Agency or any material
change in the basic business terms previously analyzed and made
subject to public hearing in connection with the Current DDLA; and
WHEREAS, redevelopment of the Property pursuant to
Amended DDLA will serve major Redevelopment Plan
objectives to increase the community's supply of
housing; and
the Second
goals and
affordable
WHEREAS, a negative declaration (the "Negative Declaration")
has been prepared pursuant to the California Environmental Quality
Act (California Public Resources Code Section 21000 et' sea,)
("CEQA"), the State CEQA Guidelines (14 California Code of
Regulations section 15000 et ~.), and the Town's and the Agency's
adopted local CEQA Implementation Guidelines (the "Local CEQA
Guidelines") to consider a series of approvals in connection with
the Development, including a rezoning of the Property, approval of
a precise development plan for the Development, and approval of the
Initial DDLA;
WHEREAS, the Town Council has served as "Lead Agency" under
CEQA with respect to the Negative Declaration and has approved the
Negative Declaration by action of July 6, 1994; and
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WHEREAS, the Agency has served as a "Responsible Agency" under
CEQA with respect to the Negative Declaration in considering its
actions pursuant to this Resolution; and
WHEREAS, the Agency has complied with the requirements for'a
Responsible Agency in the review and consideration of the Negative
Declaration in accordance with the requirements of the State CEQA
Guidelines (14 California Code of Regulations, section 15096) and
the Local CEQA Guidelines.
NOW, THEREFORE, BE IT RESOLVED by the Tiburon Redevelopment
Agency that:
1. The Agency hereby finds and determines, for the following
reasons, that the Negative Declaration as previously approved by
the Agency has served as the Agency's environmental documentation
pursuant to CEQA for consideration and approval of the Amended
DDLA:
a. The physical character and impacts of the
Development as contemplated under the Current DDDLA and the Second
Amended DDLA are identical; and
b. None of the events requiring preparation of a
subsequent or supplemental environmental document pursuant to CEQA
(as specified in 14 California Code of Regulation Section 15162)
has occurred with respect to the Negative Declaration and the
Development contemplated by the Second Amended DDLA.
2. The Agency Executive Director is hereby authorized and
directed to file a Notice of Determination with respect to the
Second Amended DDLA and this Resolution in accordance with 14
California Code of Regulations, Section 15096(i),
3. The Agency hereby reconfirms all findings and
determinations made in connection with the approval of the Current
DDLA, and incorporates such findings and determination in this
Resolution in connection with approval of the Second Amended DDLA,
4. The Agency hereby approves the Second Amended DDLA ana'
authorizes the Agency Chairperson or the Agency Executive Director
to execute on behalf of the Agency the Second Amended DDLA,
substantially in the form on file with the Agency Secretary, with
such changes as are approved by the Agency signatory, such approval
to be conclusively evidenced by the execution of the Second Amended
DDLA.
5. The Agency hereby agrees to dispose of the Property, make
a construction loan for the Development, and provide other
1020JR.PSO
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specified assistance at the times called for and on the terms and
conditions contained in the executed Second Amended DDLA.
6. The Agency hereby authorizes the Agency Executive
Director to execute on behalf of the Agency, at the time and on the
terms and conditions set forth in the executed Second Amended DDLA,
the grant deed, regulatory agreement, and other related documents,
substantially in the forms attached as exhibits to the executed
Second Amended DDLA, with such changes as are deemed appropriate
by the Agency Executive Director to effectuate the intent of the
Second Amended DDLA and related documents.
7, The Agency hereby authorizes the Agency Executive
Director to take such other actions and execute such other
documents as are appropriate to effectuate the intent of the
executed Second Amended DDLA and related documents.
8. The Agency hereby conf irms and grants the authority
vested in the Agency Executive Director pursuant to section 11.16
of the Second Amended DDLA to act on the Agency I s behalf in
implementing the Second Amended DDLA and related documents.
9. This Resolution shall take immediate effect from and
after its passage and approval,
PASSED AND ADOPTED at a regular meeting of the Tiburon
Redevelopment Agency on October 18, 1995, by the following vote:
AYES:
BOARDMEMBERS:
NOES:
BOARDMEMBERS:
ABSENT:
BOARDMEMBERS:
ANDREW THOMPSON, CHAIRPERSON
Tiburon Redevelopment Agency
ATTEST:
ROBERT L. KLEINERT, EXECUTIVE DIRECTOR
Tiburon Redevelopment Agency
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Developer's jUdgment, the Agency site Work has been
satisfactorily completed, The Agency shall pay, on behalf of the
Developer, all amounts not exceeding a cumulative total of Three
Hundred Eleven Thousand Eight Hundred Seventy-Eight Dollars
($311,878) due by the Developer to the construction contractor
under the terms of the Site Work Contract upon receipt of an
architect's certificate certifying that the work for which
payment is requested has been satisfactorily completed. The
Developer shall pay all amounts due by the Developer to the
construction contractor under the terms of the site Work Contract
in excess of the amount payable by the Agency.
The Developer shall not approve any change order or enter
into any amendment of the Site Work Contract without the prior
written approval of the Agency. The Agency shall have no rights
or obligations under the site Work Contract, except that the
Agency shall make payments on behalf of the Developer under the
site Work Contract as set forth above.
ARTICLE 4
DISPOSITION OF PROPERTY
section 4.1 Sale and Purchase. Provided the
pre-disposition requirements set forth in Article 2 and the
additional closing conditions set forth in Section 4,4 have been
satisfied, the Agency shall sell to the Developer, and the
Developer shall purchase from the Agency, the Property pursuant
to the terms, covenants, and conditions of this Agreement,
section 4.2 Purchase Price. The purchase price for the
Property shall be Two Hundred Fifty Thousand Dollars ($250,000)
to be paid to the Agency by the Developer as follows:
J!l A Thirty-Five Thousand Dollar ($35.0001 portion of
the purchase price shall be paid in cash at the close of Escrow
eft ~ the Property,
(b) The Developer shall execute and deliver into
Escrow the Acquisition Note and the Acquisition Deed of Trust
evidencinq and securinq the Developer's obliqation to pay the
balance of the purchase price. in the amount of Two Hundred
Fifteen Thousand Dollars ($215.0001. upon receipt by the
Developer or its affiliate of the County Loan (but in any event
by not later than January 31, 19961. all as more fully set forth
in the Acquisition Note and the Acquisition Deed of Trust.
section 4.3 Qoeninq Escrow. To accomplish the purchase
and transfer of the Property from the Agency to the Developer,
the parties shall establish the Escrow with the Title Company.
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EXHIBIT NO. ':)...
The parties shall execute and deliver all written instructions to
the Title Company to accomplish the terms hereof, which
instructions shall be consistent with this Agreement,
Section 4,4 Close of Escrow, Escrow for the conveyance
of the Property shall close on a date mutually acceptable to the
parties within thirty (30) days fOllowing the date on which all
conditions precedent to conveyance set forth in Article 2 have
been satisfied, but in no event later than November 1, 1995 or
such later date that the parties agree upon, provided the
Developer has obtained the approval of TCAC for such later
closing date. In addition to the conditions precedent to
conveyance set forth in Article 2, the following conditions shall
be satisfied prior to or concurrently with, and as conditions of,
conveyance of the Property:
(a) The Developer shall provide the Agency with a
certified copy of a corporate authorizing resolution, approving
the Agency Documents and the Developer's execution of the Agency
Documents.
(b) The Developer shall have executed and delivered to
the Agency the Agency Note, the Agency Deed of Trust, the
Financing Statement, the Acquisition Note. the Acquisition Deed
of Trust. the Assignment (including executed consents by the
Developer's architect and construction contractor), the
Regulatory Agreement, and any other documents and instruments
required to be executed and delivered, all in form and substance
satisfactory to the Agency,
(c) The Developer shall have furnished the Agency with
evidence of the insurance coverage meeting the general insurance
requirements set forth in Section 7.9.
(d) The Regulatory Agreement shall have been recorded
against the Property, as a lien subject only to the exceptions
authorized by this Agreement.
(e) The Aqencv Deed of Trust and the Acauisition Deed
of Trust shall have been recorded against the Property and there
shall have been issued to the Agency by the Title Company. for
each of the Aqencv Deed of Trust and the Acquisition Deed of
Trust. a 1970 (without amendments or revisions) ALTA LP-IO
Lenders Policy of title insurance in the amo~Rt amounts.
respective1V. of the Agency Loan and the balance of the purchase
price for the Property as provided in Section 4,21bl. with CLTA
Endorsements Nos. 100, 101.2 (if subsequently requested by the
Agency), 102.5, 103.1, 116, and such other endorsements as the
Agency may reasonably request, which shall insure the Aqencv Deed
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of Trust and the Acquisition Deed of Trust. respectively. as a
~ liens upon the Property subject only to the exceptions
authorized by this Agreement, CLTA Endorsements Nos. 101,2 (if
subsequently requested by the Agency), 102.5 and 116 are to be
issued at a later time.
(f) There shall exist no condition, event or act which
would constitute a breach or default under this Agreement or any
other Agency Document or which, upon the giving of notice or the
passage of time, or both, would constitute such a breach or
default
(g) All representations and warranties of the
Developer contained in any Agency Document shall be true and
correct as of the close of Escrow.
Section 4.5 Condition of Title. Upon the close of
Escrow, the Property shall have insurable title which shall be
free and clear of all liens, encumbrances, clouds and conditions,
rights of occupancy or possession, except:
(a) applicable building and zoning laws and
regulations;
(b) the provisions of this Agreement;
(c) the provisions of the Agency Grant Deed;
(d) the provisions of the Regulatory Agreement;
(e) the provisions of the Agency Deed of Trust and the
Acquisition Deed of Trust; and
(f) any lien for current taxes and assessments or
taxes and assessments accruing subsequent to recordation of the
Agency Grant Deed;
(g) conditions, covenants, restrictions or easements
shown as exception numbers 1-6 in Part II of Schedule B of the
CLTA owner's policy of title insurance for the Property issued by
Chicago Title Insurance Company to the Agency on May 5, 1994, or
as otherwise approved by the Developer.
section 4.6 Condition of Propertv. In fulfillment of the
purposes of Health and Safety Code Section 25359.7(a), the Agency
hereby represents and warrants that it has no knowledge, and has
no reasonable cause to believe, that any release of hazardous
substances has come to be located on or beneath the Property,
except as disclosed in the Phase I Study, a copy of which has
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been delivered to Developer, and the Phase I study update, a copy
of which will be provided to the Developer in accordance with the
provisions of Section 3,3.
The Agency and the Developer understand and agree that the
Property shall be purchased "as is" by the Developer and that,
except for its obligation to pay the costs of the Agency site
Work as provided in section 3.6, the Agency shall in no way be
responsible for demolition, site preparation or any other removal
or replacement of improvements thereon. The Developer agrees to
accept conveyance of the Property in its present condition, "as
is" and without representation or warranty from the Agency with
respect to the condition of the Property including, but not
limited to, the condition of the soil, presence of hazardous
materials or contaminants, and all other physical
characteristics. The Developer has performed and relies solely
upon its own independent investigation concerning the physical
condition of the Property or compliance of the Property with any
statutes, ordinances, rules or regulations.
If the conditions of the Property are not in all respects
entirely suitable for the use or uses to which the Property will
be put as described in this Agreement, then it is the sole
responsibility and obligation of the Developer to correct any
soil conditions, correct any subsurface condition, correct any
structural condition, demolish any improvements and otherwise put
the Property in a condition suitable for the Improvements to be
constructed pursuant to this Agreement. Except for enforcement
of the Agency's obligation to pay the costs of the Agency Site
Work as provided in section 3.6, the Developer hereby waives any
right to seek reimbursement or indemnification from the Agency of
the Developer's costs related to correction of any physical
conditions on the Property, including but not limited to the
presence of hazardous materials,
Section 4,7 Costs of Escrow and Closinq. Ad valorem
taxes, if any, shall be prorated as of the date of conveyance,
The Developer shall pay the cost of title insurance and transfer
tax. The Agency shall pay the cost of Title Company document
preparation and recordation fees and the escrow fees of the Title
Company, if any, in an amount not to exceed Five Thousand Dollars
($5,000), and the Developer shall pay any remaining portion of
such costs, The costs borne by the Developer are in addition to
the purchase price for the Property.
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RcceraiH~ Re~uc3tcd Dy
AHa HfiCR Rcceracd Uail 'l'e: EXHIBIT I
FORM OF ACOUISITION NOTE
Promissory Note
$215.000
Tiburon. California
. 1995
FOR VALUE RECEIVED. Ecumenical Association for Housinq. a
California nonprofit pUblic benefit corporation (the
"Developer"). promises to pay to the Tiburon Redevelopment Aqencv
(the "Aqencv"). or order. the principal sum of Two Hundred
Fifteen Thousand Dollars ($215.000). with interest as provided
below,
~ Disposition. Development and Loan Aqreement, This
promissory note (the "Acquisition Note") is made pursuant to the
terms of the Second Amended and Restated Disposition. Development
and Loan Aqreement for Tiburon Hiqhlands Housinq Development
between the Developer and the Aqencv. initiallv executed as of
Julv 1. 1994. as amended and restated in its entirety as of
March 1. 1995. and as further amended and restated in its
entirety as of October 1. 1995 (the "DDLA"), All capitalized
terms used but not defined in this Acquisition Note shall have
the meaninqs set forth in the DDLA,
~ Interest: Repayment Terms, The indebtedness evidenced bv
this Acquisition Note shall not bear interest and shall be due
and payable at the times and in the manner set forth in
Section 4,2(b) of the DDLA. If the Developer fails to make any
payment under this Acquisition Note when due. the delinquent
amount shall bear interest from the date due until the date paid
at the lesser of ten percent (10%) per annum or the maximum rate
permitted bv law,
3, Prepayment, As more fully set forth in Section 5,3 of the
DDLA. the Developer shall have the riqht to prepay all or a
portion of the principal and interest due under this Acquisition
Note without any charqe or penalty beinq made therefor.
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EXHIBIT NO, ~
~ Acauisition Deed of Trust,
by the Acauisition Deed of Trust
Title Company. as Trustee,
This Acauisition Note is secured
of even date herewith to the
~ Acceleration, As more fullY set forth in Sections 9.4 and
9,6 of the DDLA. upon the occurrence of an Event of Default as
defined in the DDLA or Acquisition Deed of Trust. the Aaency
shall have the riaht to declare all of the unpaid principal and
accrued interest immediatelY due and payable, Neither acceptance
bY the Aaency of the payments provided for herein nor any failure
bY the Aaency to pursue its leaal and eauitable remedies upon
default shall constitute a waiver of the Aaency's riaht to
reauire prompt payments when due of all principal and interest
owina or to declare a default and exercise all of its riahts
under this Acquisition Note. the Acquisition Deed of Trust. the
DDLA. and the other Aaency Documents,
6. No Offset, The Deyeloper herebY waives any riahts of offset
it now has or may hereafter have aqainst the Aaency. its
successors and assians. and aarees to make the payments called
for herein in accordance with the terms of this Acauisition Note,
l& Waiver: Attorneys' Fees, The Developer and any endorsers or
auarantors of this Acauisition Note. for themselves. their heirs.
leaal representatives. successors and assians. respectivelY.
severally waive diliaence. presentment. protest. and demand. and
notice of protest. dishonor and non-payment of this Acauisition
Note. and expressly waive any riqhts to be released bY reason of
any extension of time or chanqe in terms of payment. or chanae.
alteration or release of any security qiven for the payments
hereof. and expresslY waive the riqht to plead any and all
statutes of limitations as a defense to any demand on this
Acauisition Note or aqreement to pay the same. and ;ointlV and
severally aqree to paY all costs of collection when incurred.
includinq reasonable attorneys' fees, If an action is instituted
on this Acquisition Note. the undersiqned promises to pay. in
addition to the costs and disbursements allowed by law. such sum
as a court may ad;udqe reasonable as attorneys' fees in such
action,
8, Manner and Place of Payment, All payments of principal and
Interest and any late charqe due under this Acauisition Note. as
well as any additional payments set forth in the Aqency Deed of
Trust. shall be payable in lawful money of the United states of
America at the office of the Aqency as set forth in Section 11,1
of the DDLA or at such other address as the Aqency may provide to
the Developer bY notice in accordance with Section 11,1 of the
DDLA,
COMPARJSON OF 102011.P50
AND 10201P,PSO
REDUNE\J0201V.RED
10/06/95
1-2
1& Nonrecourse Obliqation, Except as expresslY provided in the
second paraqraph of this Section 9. the Developer. the
Developer's officers. directors. employees and aqents. and the
Developer's partners (if the Developer is a partnership) shall
not have any direct or indirect personal liability for payment of
the principal of. or interest on. this Acquisition Note or the
performance of the covenants of the Trustor under the Aqencv Deed
of Trust securinq this Acquisition Note, The sole recourse of
the Aqency with respect to the principal of. or interest on. the
c uisition Note and defaults b Trustor in the erformance of
ts covenants under the Aqency Deed of Trust shall be to the
property securinq the indebtedness evidenced by the Acquisition
Note, No ;udqment. or execution thereon. entered in any action.
leqal or equitable. on the Acquisition Note or the Aqency Deed of
Trust shall be enforced personally aqainst the Developer. but
shall be enforced onlY aqainst the property described in the
Aqency Deed of Trust and such other or further security as. from
time to time. may be hypothecated for the Acquisition Note:
rovided however that nothin contained in the fore oin
limitation of liab lity shall (a) limit or impair the enforcement
aqainst all such security for the Acquisition Note of all the
riqhts and remedies of the Aqency. or (b) be deemed in any way to
impair the riqht of the Aqency to assert the unpaid principal
amount of the Acquisition Note as demand for money within the
meaninq and intendment of Section 431,70 of the California Code
of civil Procedure or any successor provision thereto,
The foreqoinq limitation of liability is intended to applY
onlY to the obliqation for the repayment of the principal of. and
payment of interest on the Acquisition Note and the performance
of Trustor's obliqations under the Aqency Deed of Trust. except
as hereafter set forth. Nothinq contained herein is intended to
relieve the Developer of personal liability for: (1) fraud or
willful misrepresentation: (2) the failure to pay taxes.
assessments or other charqes which may create liens on the
Property that are payable or apPlicable prior to any foreclosure
under the Aqency Deed of Trust (to the full extent of such taxes.
assessments or other charqes): (3) the fair market value of any
personal property or fixtures removed or disposed of by Developer
other than in accordance with the Aqency Deed of Trust: (4) the
misapplication of any proceeds under any insurance policies or
awards resultinq from condemnation or the exercise of the power
of eminent domain or bY reason of damaqe. loss or destruction to
any portion of the Property (to the extent of the misapPlied
proceeds or awards): (5) the Developer's indemnification
obliqations under Sections 7.2. 7.7(b). 11,7. and 11,9 of the
DDLA: and (6) any rental income or other income arisinq with
respect to the Property received by the Developer after the
Aqency has qiven notice to the Developer of the occurrence of an
COMPARISON OF l02011.PSO
AND l020IP.PSO
REDUNE\I0201V,RED
JO/06/9S
1-3
TIBURON POLICE DEPARTMENT
IkM 110,
'Z
\
MEMORANDUM
09 OCT 95
TO: ROBERT L. KLEINERT,
TOWN MANAGER
FROM: PETER G, HERLE~ ~/
CHIEF OF POLIC~ ~
SUBJECT: MINUTES OF TRAFFIC SAFETY COMMITTTEE MEETING
TUESDAY, 26 SEP 95
(Agenda Attached)
Attendance:
Chief Peter Herley, Chair
Sergeant Tom Aiello
Lou Brunini, Retired, Superintendent of Public Works
Scott Anderson, Planning Director
Sia Moharnmadi, Town Engineer
Ian Pearson, 2 I 77 Centro East
Ernest Murdock, I3 Reed Ranch Road
Ann Ross, 16 Reed Ranch Road
Norman Baumsteiger, 2 East Terrace
Francesco Pitera, 2 East Terrance
Joseph Colletto, 8 East Terrace
Elisha Lawrence Herbst, 2090 Vistazo East
Frank DeBuren, 35 Via Los Altos
Ron & Belle Guelden, 101 Taylor Road
AGENDA ITEM #1
Speeding problem in the vicinity of Reed Ranch Road & Terrace Court.
Sight distance problem at 13 Reed Ranch Road.
The Committee recommends an increase of police department presence by assigning an officer to
work radar enforcement at various hours and the utilization of our radar trailer. The homeowners
were advised to bring up at their next Board Meeting regarding our directed enforcemcnt on Reed
Ranch Road. The Town Engineer will research the problems occurring in their area.
The homeowners will discuss the possibility of purchasing a mirror, on their own, to be mounted
across from 13 Reed Ranch to assist in exiting their driveway at the blind curve on Reed Ranch
Road,
AGENDA ITEM #2
Solano onto Centro East (excessive speed).
The Committee recommends an increase of police department presence on Solano and Centro East,
especially during the commute hours of 5:30 to 7:00pm.
Sergeant Aiello and the Town Engineer will establish the posting of signs and correct the obstruction
of foliage covering "stop" signs on Centro East.
Homeowners will be notified through their Homeowner's Bulletins as to the directed enforcement
by the police department.
AGENDA ITEM #3
Taylor Road, request to reduce speed to 15 mph.
A homeowner informed lIS that the Honda and Acura Dealers at various times use Taylor Road for
test driving their vehicle - at a high rate of speed, down Taylor Road, The police department will
contact the dealers to advise them of the regulations, and that we will be actively enforcing traffic
in the area,
The Town Engineer will research the justification to lower to speed limit to 15 mph.
The committee recommends the curb be painted red due to a line of sight problem on the south side
of the roadway at the corner of Taylor Road and Paradise Drive. The owner fronting the zone will
be contacted and advised of the Committee's recommendation.
AGENDA ITEM #4
Via Los Altos, area of#31 to #35, excessive speed.
Via Los Altos, vehicular travel at #35 (downhill, to close to curb).
The Committee recommends a "turn ahead" or "sharp curve" sign, on the, up hill side, prior to the
sharp curve near 35 Via Los Altos. Recomendation to Public Works to re-paint the center line on
Via Los Altos. Owner at 35 Via Los Altos is willing to cut back his shrubs due to line of sight
problem.
Thc Town Engineer will look into the possibility of to removing the center island on Via Los Altos
which would need approval from the Homeowner Associations in the vicinity. The island causes
line of sight problems and poses a danger to drivers and pedestrians,
AGEt'lDA ITEM #5
Main Street, double parking.
Due to current ADA issues, the Town Engineer will evaluate the parking situation on Main Street,
This item will be re-opened for discussion at a later Traffic Safety Meeting,
Suggestions were proposed to have lower Main street parking a loading zone only, with no resident
parking, until later in the day. From a safety aspect, it was suggested that Main Street be one-way
only.
AGENDA ITEM #6
Signage, Lower Main Street, 1 hour zone.
Bus stop 131 & Main Street
Zone fronting 1679 Tiburon Boulevard (Cleaners)
Loading zone (Guaymas)
The Traffic Safety Committee recommends the following:
Install two "1- hour" signs on Main Street. The first should be located in the area of 10 Main
Street, near the fire hydrant. The second should be located adjacent to the red zone fronting
Westerly Tea & Spice, This is to comply with legal requirements.
Another bus stop sign be added at the beginning of the bus zone on Tiburon Boulevard and
Main Street. The curb should also be painted red for complete length of the bus stop to aviod
confusion,
A "red zone" fronting I 679(a) Tiburon Boulevard, as people are parking in the bike lane,
Three (3) minute passenger loading zone at Guaymas, replacing the bus zone, which will
be relocated at the right-tum only lane onto Main Street, sign to state "Bus Unloading Zone."
This will eliminate the traffic safety problem now being experienced at the current location.
AGENDA ITEM #7
Request "Slow Children at Play" sign on Southridge, due to excessive speed.
Stop sign at Cayford and South ridge.
The Committee felt that the "Stop" sign was not warranted at the location requested.
The Committee recommends that if the party recommending the "Slow Children at Play" sign
still wishes to place the sign up, that they do it at their cost. It would be virtually cost-prohibitive
to put up this type of sign at all locations where children live. Further, there is a liability if the Town
erected a sign such as requested.
AGENDA ITEM #8
Line ofsight issue.
The Committee recommends that Public Works restripe the center line on Centro East, Solano to
Diviso, and check for foliage encroaching out onto the roadway. The foliage is causing pedestrians
to walk further out into the roadway than necessary.
AGENDA ITEM #9
Eastbound bus stop at Gilmartin.
The Town Engineer is looking into the possibility of the removal of the bus stop at Gilmartin, due
to it being unsafe for pedestrians to cross Tiburon Boulevard after exiting the bus. He would like
to place the bus stop west bound at San Rafael Avenue with an existing crosswalk. This matter will
be discussed with Golden Gate Transit and reopen for discussion at a later Traffic Safety Meeting.
AGENDA ITEM #10
Tiburon Boulevard & Stewart Drive - Cal Trans issue.
This location does not warrant a signal light. The Town Engineer will discuss with Cal Trans the
possibility of timing the lights at A venida Miraflores and Trestle Glen so we can get pockets of open
space so motorists can exit and enter Stewart Drive with ease, The location is a matter of constant
discussion with Cal Trans,
AGENDA ITEM #11
Line of sight at driveways.
The Committee recommends to the Council to add to the Town's Zoning Ordinances, Marin County
Code 13,8,
AGENDA ITEM #12
Multi-Purpose Path - Pedestrian Safety.
The Committee recommends a separation between the bicyclists and pedestrians on the Multi-
Purpose Path, We recomend a line should be painted on the asphalt designating "Bikes Only" on
one-third of the path. This will ensure bicyclists ride in single-file, allowing the pedestrians the
room necessary for walking and or jogging on the path, We also recommend the erection of signs
stating "Bicycles shall yield to Pedestrians." Due to the congestion problems on the path, this should
easc some of the problems that concern the Community.
September 14, 1995
To:
From:
Subject:
City and Fire District Elected Representatives
Doug Dawson, Mill Valley City Manager
Quarterly Meetings to Explore Cooperative Ideas
Back!i;round
cc.: ~
TIe" No? ~T_
~~~~O~~lQ)
SEP 1 9 1995
TOWN MANAGER'$ OFFICE;
TOWN OF ilBURON
Following the conclusion of the Southern Marin Fire Consolidation Study it was agreed
that the study group would continue meeting on a quarterly or other basis to explore and
discuss additional ways to cooperate in the delivery of fire services, Mill Valley agreed
to host the first meeting which is scheduled for Thursday, September 28, 1995 at 7:30 pm
at the Public Safety Building which is located at 1 Hamilton Drive, Mill Valley,
Thereafter, if it is determined to continue this process the meetings can rotate and perhaps
the host jurisdiction can serve as the meeting chair.
It was also agreed that at the outset a draft mission statement should be considered by the
group that would capsulize the purpose of the group and would provide a focus on the
kinds of issues that could or would be the subject of discussion and possible exploration,
The following draft mission statement is submitted for your consideration, It is also
being forwarded to the Fire Chiefs for their review and comment.
Draft Mission Statement
The purpose of this study group (name) is to further enhance upon the delivery of fire
services between those agencies which are responsible for the provision of same, Elected
officials from the cities, towns and fire districts intend to meet on a regular basis to
explore through analysis, cooperation and discussion ways to achieve and maximize upon
their collective abilities and resources to provide fire services, Issues related to
maintenance and operations, capital improvements, equipment purchasing, utilization,
where appropriate, of emerging technologies and fire planning may be the topics of
discussion and review, Improving upon and providing cost effective fire service as the
direct result of cooperation shall be the overall goal of the study group.
Possible future discussion topics:
City of Mill Valley. P,O. Box 1029, California 94942
· Review of existing joint purchasing
. Possibility of expanding joint purchasing to include more items and/or jurisdictions
. Joint purchasing of equipment which is beyond the financial ability of individual
agencies
. Joint recruiting
· Annual informational review of salary and benefit data
. Joint training
. Standardization of apparatus and equipment
· Shared use of specialized resources and equipment
. Coordinated communications
. Review of the automatic and mutual aide system
· Periodic review of technological advance in the fire service
If these or other topics stimulate interest you may wish to ask the Fire Chiefs to assign
one or more of themselves to developing a topic so that it can be presented and discussed
by the study group. Depending upon the topic an issues paper could be developed and
orally presented with various options for your review and possible action (which would
likely be some type of recommendation back to your respective boards). You may also
wish to the identifY future topics and assign review dates to them so that your discussions
do not become last minute tasks that lack in quality and waste your time.
TOWN COUNCIL
MINUTES
u~ NeJ, if
DRAk=T
CALL TO ORDER
Mayor Thompson called the regular meeting of the Town Council of the Town of Tiburon to
order at 7:46 P,M" Wednesday, October 4, 1995 in Council Chambers, 1101 Tiburon Boulevard,
Tiburon, California,
A. ROLL CALL
PRESENT:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
EX OFFICIO:
Ginalski, Nygren, Thayer, Thompson, Wolf
None
Town Manager Kleinert, Planning Director
Anderson, Contract Planner Allsep, Town Attorney
Sharp, Public Works Superintendent Iacopi, Town
Clerk Crane
B. ANNOUNCEMENT OF CLOSED SESSION ACTION
Mayor Thompson said that no Council action had been taken in closed session but that Judge
Panner had confirmed the sale of the Harroman property to the Town of Tiburon. He said the
heirs have the right to appeal the decision but remained optimistic about the outcome,
C. PUBLIC QUESTIONS AND COMMENTS
None,
D. APPOINTMENTS TO BOARDS, COMMISSIONS OR COMMITTEES
MOTION:
Moved:
Vote:
To nominate Dolores Parhomenko to serve on the Design Review Board
Thayer, Seconded by Wolf
AYES: Nygren, Thayer, Thompson, Wolf
NOES: Ginalski
Councilmember Thayer said that Ms. Parhomenko had received glowing reports from the people
he spoke to and would be a worthy addition to the Board,
E. COUNCIL. COMMISSION OR COMMITTEE REPORTS
I. Marin County Commission on Aginl;'" Jim Rice, Tiburon's representative gave a report on the
County-wide Commission which plays a role in helping seniors discover what they want to get out
oflife and what things are available to them, and to express themselves in a public forum. He
TOWN COUNCIL MINUTES #1065
October 4, 1995
handed out a Directory of Services to be made available to the public and at Town Hall,
Town Manager Kleinert commended Mr, Rice for playing an important role as stated in the
Commission's newsletter in securing a grant from the Zellerbach Family Fund to study the
positive aspects of aging. Mr. Rice thanked the Town of Tiburon for his appointment to the
Commission.
2. Blackie's Brigade Update on Blackie's Pasture ImDrovements. Larry Smith, Chair, said how
the grading work had dramatically opened up the pasture and estimated a completion date of
October I3 per the contractor,
In response to Council's previous question about whether or not gravel would be placed on the
unpaved portion of the parking area, he said that the Town Engineer said the asphalt shavings
which were to be spread on that portion of the lot should last for one season. The Brigade will
attempt to raise the money for gravel for next season, He also said there was enough money to
plant grass before the rainy season.
Councilmember Nygren asked about water quality control into the Bay without gravel. Town
Engineer Mohammadi said this problem was solved by the installation of a grease trap,
Councilmember Ginalski asked whether the permit requirements would be met without gravel.
Mayor Thompson applauded the volunteer efforts of the Brigade,
Chairman Smith said the over half the trees and shrubs had been planted and that the next
challenge was to bring the irrigation system across the creek. He said that private funding was
available for the future garden there.
3. Senior Housing Advisory Committee. Larry Smith, Chair, said the Committee was about to
enter into a developer competition and asked for Council comments. He said that a draft RFP had
been created and the final draft would come before the Council. As to the question of whether to
fund through Redevelopment Agency or not, he said the issue could be deferred until the financial
proposal stage. He said the Committee thought a model senior housing development could be
created despite the size limitation,
Council member Nygren and Ginalski had questions about funding and whether there was a cost to
the Town for the RFP [negative], and whether developers other than the ones helping draft the
RFP would bid on the project [affirmative]. Councilmember Ginalski asked if the Town was
helping out the developers by buying back units, Chair Smith said that the Town would choose
which units to sell to very low income purchasers to satisfY Redevelopment Agency requirements.
Councilmember Wolf said it was premature to discuss the sales prices and financing and Mayor
Thompson cautioned against getting ahead of the project.
TOWN COUNCIL MINUTES #1065
October 4, 1995
2
Councilmember Thayer said there would be a public hearing on the proposal when the time came.
4, Building: Advisorv Committee, Town Manager Kleinert gave a report in lieu of Chairman
Wilson. He said a preliminary site plan still had to be presented to the library group, but that the
environmental analysis of the site was progressing, He noted that the architect's contract would
be on the October 18 agenda, and reported that the next BAC meeting would take place on
October 23 at 8:00 a.m.
5. Hazardous/Solid Waste JPA. Councilmember Nygren said that JPA had adopted an amended
budget and had reduced the hazardous waste pick-ups from six to three per year, resulting in a
45% savings, She reported a probable rate increase of 31 cents per can per community, effective
immediately, with a higher increase next year. She reminded Council of the need to comply with
AB 939 and meet a further 25% diversion goal by the year 2000, and that San Rafael and San
Anselmo had adopted a "Green Can" program as an effective step towards meeting this goal.
F. CONSENT CALENDAR
MOTION:
Moved:
Vote:
To Adopt Consent Calendar, remove Item 7 (Sales Tax Resolution)
Thayer, Seconded by Wolf
AYES: Unanimous
G. NEW BUSINESS
9, Town Right ofWav Maintenance Prog:ram, Town Attorney Sharp addressed questions raised
in the letter to the Town from the Bel Air Improvement Association (SAIA). He said that the
Town has a right to compel correction of defects of Town right of ways by property owners; that
10 days is the time given in the Highway Code but could be relaxed; that there was no intent to
scare anyone by sending out the Public Works' letter. He said the conclusions reached by one of
the homeowner's insurance companies was wrong, and that the legal conclusions were also wrong
[concerning homeowner liability for third-party injuries). He said it was a good idea for the Town
to provide specifications for repairs.
Councilmember Thayer said the homeowners could get together and make repairs jointly or
individually, or the Town could perform the repairs and bill them.
Councilmember Nygren asked about a similar situation and Corte Madera. Town Manager
Kleinert said that the Town had shared in part of the cost of the repairs, Councilmember Nygren
suggested that the repairs might be rolled into the [proposed Tiburon] street tax,
Mayor Thompson opened the public hearing.
Carolyn Garretty, Secretary ofBAIA, asked how Public Works had determined which homes had
to make improvements and that some who received notices had no damage, She asked
TOWN COUNCIL MINUTES #1065
October 4, 1995
3
Superintendent Iacopi if he could mark the sidewalks (yes) and whether trees uprooting sidewalks
had to come down (yes), She said the Association had advised the homeowners not to take
action until further information was available,
Pamela Fyffe, Co-President ofBAIA, said she wanted the Town to take a positive, constructive
approach to solving the problem,
Hearing returned to Council.
Councilmember Thayer said he would meet with Superintendent Iacopi, Garrety and Fyffe to
survey the area. He said he did not know whether a special assessment district would be needed
or how the project would be financed.
Councilmember Nygren said there was an organization in San Rafael called "Marin Re-Leaf'
which helps neighborhoods replace trees. She asked Town Clerk Crane to veritY name of person
in the organization (Sandra Salinger). She also said that streets all over Town needed repair but
there was not enough funds,
Councilmember Wolf said a street tax would be "stiff, but brief," not spread out over 20 years or
more, She asked Town Engineer Mohammadi to "get into the loop" on this project.
Councilmember Ginalski suggested that the Town send out another letter to the neighborhood to
explain the situation and to proceed with Councilmember Thayer's suggestions.
Superintendent Iacopi said that the practice [of requiring repairs] had been in place for 25 years
and asked the Council why he now needed to have their approval to proceed,
Councilmember Nygren said the homeowners would still be responsible for the repairs. Mayor
Thompson said the Town staff would still drive the schedule.
10. Plans for Construction of Two Dwellings at 1860 Centro West - Williams. Contract Planner
AIlsep stated that the agreement between the Town and the Williams had been executed requiring
certain alterations by the Williams to their June, 1990 plans, and the that the new detailed plans
were to be reviewed by Council.
Town Attorney Sharp advised Council that the Agreement did not compel them to accept any or
all of the design features, and that they could judge whether a feature had a negative impact per
the Agreement. He also said Council should keep in mind whether the spirit of the agreement had
been met,
Council had questions regarding the changes called for in the Agreement, e.g, the elimination of
two rooms, and whether they could question certain design features in the new plans, such as a
copper roof, skylight, and Southwestern style of one of the buildings. They expressed concern
about compatibility with other homes in Old Tiburon. Planner AIlsep said that although the new
TOWN COUNCIL MINUTES #1065
October 4. 1995
4
plans in some ways were a departure from the old ones, they were also an improvement over the
1990 plans in other ways. Planning Director Anderson agreed that the scaling back of the size
was an improvement and that a lot of the changes previously requested by the Design Review
Board had been included in the new plans,
Mayor Thompson opened the public hearing.
Ed Riggin, 1876 Centro West, said the homes were being build on "spec" and that the Williams
might not be able to sell them, He wanted to see a stipulation preventing subsequent owners from
turning the homes into rental units.
Stephanie Riggin, 1876 Centro West, was surprised at the size and design of the homes and said
they did not compliment the neighborhood,
Frank Buscher, 1751 Centro West, President of Lyford Cove/Old Tiburon Homeowner's
Association, said 12 out of 19 people at the Homeowner's meetings showed concern about the
size of the homes to be built.
Winston Franklin, 1857 Mar West, asked for extra vigilance from the Town administrative team
through the building permit process to ensure that the safety and design concerns of the
neighborhood were addressed.
Planner AIlsep said that the Agreement required compliance with building permits, and that soil
studies for and the soundness of the retaining wall would be reviewed.
Freda Neureberg, owner of 1844-46 Centro West, asked for "intelligent scrutiny" of the project.
Susan Neureberg Ashton, 1846 Centro West, asked for a discrepancy on the assessor's map
regarding property lines to be addressed,
Planning Director Anderson said the conditions of approval developed by Staff would include
confirmation of property lines,
Mike Egan, 1866 Centro West, less than one year in the neighborhood, said that the construction
of the homes would negatively impact his privacy and view.
Hearing returned to Council. [Verbatim transcript attached as Exhibit A.]
In response to Mayor Thompson's question to the Williams whether they would agree to this
meeting as a preliminary review, Mr. Williams replied that they would stick to the Agreement and
prepare a written response to the questions regarding design details posed by Council.
Town Attorney Sharp said the assent of the applicant was not needed in order for Council to
pursue its review but suggested that Council place it on their next meeting agenda,
TOWN COUNCIL MINUTES #to65
October 4. 1995
5
Diane Williams asked for a list of the details required by Council.
Planning Director Anderson said the trouble was not with the new drawings but in comparing
them with the June, 1990 plans which had very few details.
H. PUBLIC HEARING
11. Leaf Blower Ordinance, Planning Director Anderson presented the revised ordinance to
Council for second reading. The ordinance would restrict the use of gas-powered leaf blowers in
residential areas to Monday through Friday, 8:00 a.m. to 4:00 p.m.
Mayor Thompson opened the public hearing.
Martha Murray, 102 Lyford Drive, said it was not fair to compare leafblowers with construction
noise, and said how disruptive they were to her and her family when used by their neighbors.
Joe Murray, 102 Lyford Drive, said he was more sensitive to noise now that he works at home,
and felt that leaf blowers were for the benefit of a few and a disturbance to many.
Hearing returned to Council.
MOTION:
Moved:
Vote:
To read the Revised Leaf Blower Ordinance title only
Thayer, Seconded by Nygren
AYES: Unanimous
Mayor Thompson read, "An Ordinance of the Town ofTiburon Adding a New Chapter 30 to the
Tiburon Municipal Code Restricting the Use of Gas-Powered Leaf Blowers"
MOTION:
Moved:
Vote:
To Pass Second Reading of Aforementioned Ordinance
Thayer, Seconded by Nygren
AYES: Nygren, Thayer, Thompson
NOES: Ginalski, Wolf
I, UNFINISHED BUSINESS
12. Fraige Precise Plan Amendment. Planning Director Anderson said the Planning Commission
had voted 3-0 to adopt the guest parking alternative proposed by the applicant and Town staff.
Councilmember Nygren asked whether the Resolution contained the revised Condition No.5
recommended by the Planning Commission. Planning Director Anderson affirmed this,
Mayor Thompson opened the public hearing,
Jim McCarton, 205 Roundhill Road, said that applicant had requested numerous changes to the
TOWN COUNCIL MINUTES #1065
October 4. 1995
6
original precise plan and questioned the need for the current change before Council.
Tom Monahan, Applicant, said embarrassed bu hopeful that this was the end to the adjustments.
He said the topography made it impossible for four parking spaces to be contained in the building
envelope, and that the road and hammerhead had been rotated in the plan.
Hearing returned to Council.
Councilmember Ginalski said he was not in favor of changing the Precise Plan,
Councilmember Thayer said he did not like the piecemeal approach but felt the larger
hammerhead was the best solution and would go with the Planning Commission's
recommendation.
Councilmember Wolf said the process left a lot to be desired but that many changes had been
required by circumstances beyond Monahan's control.
Councilmember Nygren saw no compelling reason for the continued changes,
MOTION:
Moved:
Vote:
To Adopt the Draft Resolution including Revised Condition No, 5
Wolf, Seconded by Thayer
AYES: Thayer, Thompson, Wolf
NOES: Ginalski, Nygren
J. COMMUNICATIONS
13. Appointment of Council member to Peninsula Disaster Council. Councilmember Thayer
volunteered and was approved by Council.
K. STAFF & TOWN MANAGER REPORTS
None.
7. Sales Tax Redistribution Increase to Cities, Councilmember Wolf said the League of
California Cities had subsequently disapproved the Resolution. Councilmember Thayer said it
was still important to send a message. Councilmember Ginalski and Mayor Thompson concurred.
MOTION:
Moved:
Vote:
To Adopt Resolution Increasing Sales Tax Redistribution to Cities
Thompson, Seconded by Thayer
AYES: Ginalski, Nygren, Thayer, Thompson
NOES: Wolf
L. ADJOURNMENT
TOWN COUNCIL MINUTES #1065
Oclober 4. 1995
7
There being no further business before the Town Council of the Town ofTiburon, Mayor
Thompson adjourned the meeting at 11:47 p.rn" sine die.
ANDREW THOMPSON, MAYOR
ATTEST:
DIANE L. CRANE, TOWN CLERK
TOWN COUNCIL MINUTES #1065
October 4. 1995
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believe, fit to that regulation.
2) Also, the driveway issue is a big concern as far as safety. I would definitely want
to have our Town Engineer look at the elevations and the drawings to show and
meet the requirements and also bring into conformance how this driveway relates
to the contiguous and adjoining driveways int he neighborhood. I'd like to see that
to make sure we are not creating a hazard, for your residence and well as for the
adjoining residents.
3) Definitely we have to get the lot line, before anything else we have to get the lot
line resolved. That makes a big impact. I don't know, Scott, I think you said you
could make that a condition of approval, I can't in my mind set a condition of
approval and then find that there needs to be changes made. I would put that
down, I'd like that to come back so that this Councilor the next Council can make
that decision rather than leaving it to a staff situation of, well, if doesn't, I think it
needs to come back and be resolved at the Council, not in a condition of approval.
Also, the community has to hear that and be involved in that too,
4) As far as the roofing, copper roofing in that particular neighborhood, copper
roofing particularly, remember in Belvedere, we had tremendous, I mean copper
roofing if it is not done right or the color can be extremely reflective, it can be
actually garish, you don't know what it will turn out, Only in certain times did you
show it before and the impact of where you show it, I would say would be
inappropriate, I would like you to come back with slate or some other less
intrusive material.
5) As far as the skylight, that skylight on the plan is huge, so there's no way even if
it's tinted in bronze that you can control the light from inside the house, it will be
totally intrusive to anybody uphill, so I'd like to see that changed to something
much more controllable or eliminated in some way.
6) I find that the two designs are very dissonant with the neighborhood. I could say
that if you go to the top of Gilmartin, you have a Tudor house and next to the
Tudor house you will also have a very modern house, it does not belong in town.
I'd like to see somewhat of a modification, I know it's a beautiful design, I have to
agree in looking at that, wow, I'd love to live in that house, Southwest, I was in
Taos, but this is not Taos, this is Tiburon, and if you place it next to a building of
which and I can't say much about the Tudor one but that had been previously
approved, but you maybe might want to work something to the southwest design
that would be a little more harmonious with the neighborhood and the adjoining
house, and for yourself to place that house is not in your best interest to have
something so dissonant, So definitely I'd like to have that placed back to even
though the previous design had balconies with vines growing over it, it was still
not, I'd say this is an improvement in design if you look at design in isolation. But
Town Council October 4, 1995
Item No. 10
3
EXHIBIT NO, A
TOWN COUNCIL STAFF REPORT
To:
From:
Subject:
TOWN COUNCIL Meeting:
FINANCE DIRECTOR Item No:
MONTHLY INVESTMENT SUMMARY STATEMENT
AS OF AUGUST 31,1995
~TOBER 18, 1995
I. TOWN OF TlBURON
Institution! Agency
Amount
Interest Rate
Maturity
State of California $6,793,528 5,910% Liquid
Local Agency Investment
Fund
Federal Agency Issues $973 12.000% 04-14-2014
GNMA
I Total Invested:
$6,794,501 I
2. TlBURON REDEVELOPMENT AGENCY
Institution! Agency
Amount
Interest Rate
Maturity
State of California $1,057,908 5,910% Liquid
Local Agency Investment
Fund
I Total Invcsted:
$1,057,908 I
Notes to tables:
(I) State of California Local Agency Investment Fund (LAIF) - The interest rate represents the
effective yield for the month referenced above, The State distributes the data reports in the third week
following the month ended, (2) GNMA - Principal and interest are paid monthly on this government
security,
Acknowledgment: This summary report accurately reflccts all pooled investments of the Town of
Tiburon and the Tiburon Rcdcvclopment Agcncy, and is in conformity with Statc laws and the
Invcstment Policy adopted by thc Town Council. Thc invcstmcnt program hcrein summarizcd
providcs sufficient cash flow liquidity to mect ncxt month's estimated cxpenditures.
BY:
Richard Stranzl, Finan e Dircctor
Octobcr 5, 1995
TOWN OF TIBURON
STAFF REpORT
To:
From:
Subject:
Date:
TOWN COUNCIL
TOWN MANAGER
ARCHITECT'S CONTRACT FOR DOWNTOWN TOWN FACILITIES' DESIGN
October 18, 1995
Item No. ~
Background
The Building Advisory Committee (SAC) has prepared a professional services contract
between the Town ofTiburon and Bull, Stockwell, Allen & Ripley of San Francisco for the
architectural design of the new Town Hall Facilities in downtown Tiburon,
The proposed agreement represents a modified standard form of AlA contract which has
been reviewed by BAC and the acting Town Attorney. This contract form and basic provisions
are similar to the format previously utilized between the Town and Roland/Miller Associates.
Copies of the draft were distributed to the Town Council at its October 4 regular meeting.
Recommendations
That the Town Council approve the draft contract for architectural services between the
Town of Tiburon and Bull, Stockwell, Allen & Ripley, and authorize Mayor Thompson to
execute said contract.
R.L. Kleinert
Town Manager
Exhibits
1) Draft Standard Form of Agreement between Owner & Architect-
dated 10-4-95
(',
. ,
DRA~T cc: {~
~ .' ..f- JJi~
IleN- AID, ~(-"ir IO-lf-tf.5
Standard Form of Agreement Between
Owner and Architect
Based on AlA B141-1987
With Amendments as Noted
AGREEMENT
made as of the
'Nineteen Hundred and Ninety-five.
day of
in the year of
BETWEEN the Owner:
(Name. and Adduss)
TOWN OF TIBURON
1155 Tiburon Boulevard
Tiburon, CA 94920
and the Architect:
(Name. and Address)
BULL STOCKWELL ALLEN AND RIPLEY,
A CALIFORNIA CORPORATION
350 Pacific A venue
San Francisco, CA 94111
For the following Project:
(In.clude detailed description of Project, location, address and scope)
Tiburon Town Hall on Tiburon Boulevard near Mar West Street, to include Town officcs,
meeting space and other facilities as generally described in the architcctural program
summarized in the attached Exhibit 1.
The Owner and Architect agree as set rOM below.
w~tll~l.ahldl082295r
-1-
.
. .
ARTICLE 1
ARCHITECT'S RESPONSIBILITIES
1.1 ARCHITECTS SERVICES
1.1,1 The Architect's services consist of those services performed by the
Architect, Architect's employees and Architect's consudants as enumerated in
Articles 2 and 3 of this Agreement and any other services included in Article 12
.,
1.1.2 The Architect's services shall be performed as expeddiously as is
consistent with professional skill and care and the orderly progress of the Work.
Upon request of the Owner, the Archdect shall submd for the Owner's approval a
. schedule for the performance of the Architect's services which may be adjusted
as the Project proceeds, and shall include allowances for periods of time required
for the Owner's review and for approval of submissions by authorities having
jurisdiction over the Project, Time limds established by this schedule approved by
the Owner shall not, except for reasonable cause, be exceeded by the Architect
or Owner,.
1.1.3 The services covered by this Agreement are subject to the time limdations
contained in Subparagraph 11.5.1.
ARTICLE 2
SCOPE OF ARCHITECT'S BASIC SERVICES
2.1 DEFINITION
2,1.1 The Architect's Basic Services consist of those described in Paragraphs 2.2
through 2.6 and any other services identdied in Article 12 as part of Basic
Services, and include normal structural, mechanical and electrical engineering
services. .
2.1.2
PREUMINARY DESIGN PHASE "'.
2.2 SCHEMATIC DESIGN PHASE
2,2.1 The Architect shall review the program furnished by the Owner to ascertain
the requirements of the Project and shall arrive at a mutual understanding of
such requirements with the Owner,
2,2,2 The Architect shall provide a preliminary evaluation of the Owner's
program, schedule and construction budget requirements, each in terms of the
other, subject to the limitations set forth in Subparagraph 5,2 1.
2.2,3 The Architect shall . review with the Owner alternative approaches to
design and construction of the Project....
dlil'b14HJh0822952112
-2-
. See Paragraph 12.16.
. Add Paragraph 12.1.
. Add Paragraph 12,16,
,. Add Paragraph 12.18.
. prepare and
.. Also add Paragraph
12,21.
"
2.2.4 Based on the mutually agreed-upon program, schedule and construction
budget requirements, the Architect shall prepare, for approval by the Owner,
Schematic Design Documents consisting of drawings and other documents
illustrating the scale and relationship of Project components.
2.2,5 The Architect shall submij to the Owner a preliminary estimate of
Construction Cost based on current area, volume or other unij costs. *
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 Based on the approved Schematic Design Documents and any adjustments
authorized by the Owner in the program, schedule or construction budget, the
Architect shall prepare, for approval by the Owner, Design Development
Documents consisting of drawings and other documents to fix and describe the
size and character of the Project as to arcMectural, structural, mechanical and
. electrical systems, materials and such other elements as may be appropriate *.
2,3.2 The Architect shall advise the Owner of any adjustments to the preliminary
estimate of Construction Cost. *
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the approved Design Development Documents and any further
adjustments in the scope or quaiity. of the Project or in the construction budget
authorized by the Owner, the Architect shall prepare, for approval by the Owner,
Construction Documents consisting of Drawings and Specifications setting forth
in detail the requirements for the construction of the Project,
2.4,2 The Architect shall assist the Owner in the preparation of the necessary
bidding information, bidding forms, the Conditions of the Contract, and the form
of Agreement between the Owner and Contractor.
2.4,3 The Architect shall advise the Owner of any adjustments to previous
preliminary estimates of Construction Cost indicated by changes in requirements
or general market conditions. *
2.4.4 The Archiject shall assist the Owner in connection with the Owner's
responsibility for filing documents required for the approval of governmental
authorijies having jurisdiction over the Project. "
2.5 BIDDING OR NEGOTIATION PHASE
2,5,1 The Architect, following the Owner's approval of the Construction
Documents and of the latest preliminary estimate of Construction Cost. shall
assist the Owner in obtaining bids or negotiated proposals and assist in awarding
and preparing contracts for construction. "
2.6 CONSTRUCTION PHASE.
ADMINISTRATION OF THE CONSTRUCTION CONTRACT
2,6,1 The Architect's responSibility to provide Basic Services for the Construction
Phase under this Agreement commences With the award of the Contract for
Construction and terminates at tAe earlle: sf IAe iss~aRes Ie tAe O,':Aer sf IAS
w5\lltl'il141.llh082295 Jd2
-3-
* See Paragraph 12,2
* and are part of the Basic
Services
'" See Paragraph 12.2
" See Paragraph 12.2,
" Add Paragraph 12.3,
, Add Paragraph 12.4,
liRal CeRifisate fer PaYll1ent sr 60 days after the date of Substantial Completion
olthe Work.
2.6.2 The Architect shall provide administration 01 the Contract lor Construction
as set forth below and in the edition of AlA Document A201, General Condrtions
01 the Contract lor Construction, current as of the date 01 this Agreement, unless
otherwise provided in this Agreement.
2.6,3 Duties, responsibilrties and limrtations 01 authority 01 the ArcMect shall not
be restricted. modilied or extended without written agreement 01 the Owner and
Architect VJitR 8SFlseAt af tA8 CSRtraeter, 'A'AiaR e8RseAt sRa!! Rst Be I::IRreaseR8ely
v:itAAels.
2.6,4 The ArcMect shall be a representative 01 and shall advise and consult wrth
the Owner (1) during construction untillinal payment to the Contractor is due,
, and (2) as an Addrtional Service at the Owne(s direction Irom time to time during
the correction period described in the Contract for Construction. The ArcMect
shall have authority to act on behall 01 the Owner only to the extent provided in
this Agreement unless otherwise modilied by written instrument.
2.6,5 The ArcMect shall visrt the srte at intervals appropriate to the stage of
construction (,,) or as otherwise agreed by the Owner and Architect in wrrting to
become generally lamiliar with the progress and quality of the Work completed
and to determine in general il the Work is being performed in a manner indicating
that the Work when completed will be in accordance with the Contract
Documents. However, the ArcMect shall not be required to make exhaustive or
continuous on-srte inspections to check the quality or quantrty of the Work, On
the basis 01 on-site observations as an arcMect, the ArcMect shall keep the
Owner informed 01 the progress and quality of the Work, and shall endeavor to
guard the Owner against defects and deficiencies in the Work. (More extensive
srte representation may be agreed to as an Additional Service, as described in
Paragraph 3,1,)
2.6.6 The ArcMect shall not have control over or charge 01 and shall not be
responsible lor construction means, methods, techniques, sequences or
procedures, or for safety precautions and programs in connection wrth the Work,
since these are solely the Contractor's responsibilily under the Contract for
Construction. The ArcMect shall not be responsible for the Contractor's
schedules or failure to carry out the Work in accordance with the Contract
Documents. The Architect shall not have control over or charge of acts or
omissions 01 the Contractor, Subcontractors, or their agents or employees, or of
any other persons performing portions of the Work.
2,6,7 The Architect shall at all times have access to the Work wherever rt is in
preparation or progress.
2.6.8 Except as may otherwise be provided in the Contract Documents or when
direct communrcations have been specially authorized, the Owner and Contractor
shall communicate through the Architect. Communications by and With the
Architect's consultants shall be through the Architect.
2,6.9 Based on the Architect's observations and evaluations of the Contractor's
Applications for Payment, the Archilect shall review and certify the amounts due
the Contractor,
w5'-ril'bW.lf1oeZ29S442
-4-
" Add Paragraph 12.5,
2.6.10 The Architect's certification for payment shall constitute a representation
to the Owner, based on the Archrtect's observations at the site as provided in
Subparagraph 2,6.5 and on the data comprising the Contractor's Application for
Payment. that, to the best of the Archrtect's knowledge, information and belief,
the Work has progressed to the point indicated and the quality of the Work is in
accordance wrth the Contract Documents. The foregoing representations are
subject to an evaluation of the Work for conformance with the Contract
Documents upon Substantial Completion, to results of subsequent tests and
inspections, to minor deviations from the Contract Documents correctable prior to
completion and to specrtic qualifications expressed by the Architect. The
issuance of a Certificate for Payment shall further constitute a representation that
the Contractor is entrtled to payment in the amount certrtied, However. the
issuance of a Certificate for Payment shall not be a representation that the
Architect has (1) made exhaustive or continuous on-srte inspections to check the
quality or quantity of the Work, (2) reviewed construction means, methods,
. techniques, sequences or procedures. (3) reviewed copies of requisitions
received from Subcontractors and material suppliers and other data requested by
the Owner to substantiate the Contracto~s right to payment or (4) ascertained
how or for what purpose the Contractor has used money previously paid on
account of the Contract Sum.
2,6.11 The Archrtect " sAall Aa'i8 a~tAerity te reject Work which does not
conform to the Contract Documents. Whenever the Architect considers rt
necessary or advisable for implementation of the intent of the Contract
Documents, the Architect " Vlill Aa."e a~tAeritl' te require additional inspection or
testing of the Work in accordance with the provisions of the Contract Documents,
whether or not such Work is fabricated, installed or completed, However, neither
this authority of the Architect nor a decision made in good faith either to exercise
or not to exercise such authorrty shall give rise to a duty or responsibility of the
Architect to the Contractor, Subcontractors, material and equipment suppliers,
their agents or employees or other persons performing portions of the Work,
2,6.12 The Archrtect shall review and approve or take other appropriate action
upon Contractor's submrttals such as Shop Drawings, Product Data and
Samples, but only for the limited purpose of checking for conformance with
information given and the design concept expressed in the Contract Documents.
The Archrtect's action shall be taken" \'iitA s~eA reaeeAabie ~rel!l~tAess ae te
saMSS FIe 8ela~' iR tAs 'A'erlt Sf iA tRe eeAstr~etieA af tRs C'::Asr Sf sf seFlsrate
eSAtraeters, wAile allo'NiA~ sl:IffieieAt tiFf18 iA tRs A's14iteet's I3refessisAal jtJ8@FR8At
te ~erl!lit aiJe~~ate re'liev:, Review of such submittals is not conducted for the
purpose of determining the accuracy and completeness of other details such as
dimensions and quantities or for substantiating instructions for installation or
performance of equipment or systems designed by the Contractor, all of which
remain the responsibility of the Contractor to the extent required by the Contract
Documents The Architect's review shall not constitute approval of safety
precautions or, unless otherwise specrtically stated by the Architect, of
construction means, methods, techniques. sequences or procedures. The
Architect's approval of a specific rtem shall not indicate approval of an assembly
of which the item is a component. When professional certification of performance
characteristics of materials. systems or equipment is required by the Contract
Documents, the Architect shall be entitled to rely upon such certification to
establish that the materials. systems or equipment Will meet the performance
criteria required by the Contract Documents,
.SbbtllC\.llt108Zl955d2
-5-
" shall recommend that
Owner
" within 10 working days
from Architect's receipt of
the submittal. with an
additional 5 working days
should sub-consultant
review be required.
2,6.13 The Architect shall prepare Change Orders and Construction Change
Directives, wrth supporting documentation and data if deemed necessary by the
Architect as provided in Subparagraphs 3.1,1 and 3,3.3, for the Owner's approval
and execution in accordance with the Contract Documents, aRa may a~tAefii:e
FRiASr BAaf1~eS iR tt;le ~'e~t Rat iRvelviRg SA Bsj1::JstffleRt if! t~8 CeRtraet €l:Jm Sf SA
8)(teRsieR al tRe CSRtfaet "Time ','{AiaR Bfa Rat iReaRsisteRt with tRe iRteRt Elf tAB
CeAtraet Qee1::JmeRts..
2.6.14 The Architect shall conduct inspections", to determine the date or dates
of Substantial Completion and the date of final completion, shall receive and
forward to the Owner for the Owner's review and records written warranties and
related documents required by the Contract Documents and assembled by the
Contractor, aRB 51=1811 iSS1.18 a fiRal CeFtifieate fer PaYffleRt 1::Jf39R 88FRJ:)liaRee witR
the reE{l:IiremsRts at tRB CSRtFaat aeS1::JmsRta ....
,
2.6.15 The Archrtect shall interpret aRa aeeias matters concerning periormance
of IAe OWRsr and Contractor under the requirements of the Contract Documents
on written request of eftiIef the Owner er CSRtraGlsr. The Architect's response to
such requests shall be made with reasonable promptness and within any time
limits agreed upon.
2,6,16 Interpretations aRa aesisisRS of the Archrtect shall be consistent wrth the
intent of and reasonably inferable from the Contract Documents and shall be in
writing or in the form of drawings. '.vASA maltiRg 51::JBR iRlerf3retatisRs aR8 iFlitial
seeisieRs, tAB ArsRiteat BRall eAeleaver la seel:lre faitRh:l1 f3eFfefmaRss 8:; seth
Q'i1Rer BRS CeAtraeter, BRall Ret sRs':: J3ar:tialit:; 18 sitAer, BRS sRall f1et 88 li:s:e
fer resl:Ilts at iRterl3rstatisAs sr aeeisisRs S8 reAasFsa iA ~eea fa:tl=l.
2.€.1: Tl1e Arel1iteet's aesisisAS SA mattefS rel:tiFl~ ta asstRetie atteet sl1all 8S
fiRal if 88ASistBAt ~':it~ t~e iRtSAt 8Hf3reSSea iA t~e CSAtf8et Qee~FReAts.
2.6,18 The Architect shall render written '" aeeisieRs wrthin a reasonable time on
all claims, disputes or other matters in question between the Owner and
Contractor relating to the execution or progress of the Work as provided in the
Contract Documents "''''.
2.€.19 TAB AF6t:1iteet's aeeisisRs SA elaiFRs, ErS~l:l~es Elf ether N4a~E:rs. iA61tjEliR~
tAess iA El1:J8stisFt aetwesA tAB 0 SRer aRa CeRtrae~er, 8)(Seet fer tRess rclJtiA~ to
aestFietie sHeet as J3fs...ielea 1Ft Sl:li3J3ara~raI3R 2.€. 17, sl1311 se GeJBjeet Ie
aFl3itratisA as I3rs':ia8a iF! tRis P,~reeFReRt BAa iF! tt.'le CSRtrast OSElUffi8AtS.
...~Ii:,.tll'l-SIlOf!?29S 6<12
-6-
'" including a final punch
list inspection with the
Contractor and the
Owner's representative.
*'" and shall recommend
issuing a final Certificate
for Payment upon
compliance with the
requirements of the
Contract Documents,
'" opinions
"'''' when requested by the
Owner
ARTICLE 3
Additional Services
3.1 GENERAL
3,1.1 The services described in this Article 3 are not included in Basic Services
unless so identified in Article 12, and they shall be paid for by the Owner as
provided in this Agreement, in addijion to the compensation for Basic Services,
The services descnbed under Paragraphs 3.2 and 3.4 shall only be provided if
authorized or confirmed in wrijing by the Owner. ~ services described under
Contingent Additional Services in Paragraph 3.3 are required due to
circumstances beyond the ArcMect's control, the ArcMect shall not~y the Owner
prior to commencing such services. If the Owner deems that such services
described under Paragraph 3,3 are not required, the Owner shall give prompt
, written notice to the Architect. If the Owner indicates in writing that all or part of
such Contingent Addijional Services are not required, the ArcMect shall have no
obligation to provide those services.
3.2 PROJECT REPRESENTATION
BEYOND BASIC SERVICES
3,2.1 If more extensive representation at the site than is described in
Subparagraph 2.6.5 is required, the Architect shall provide one or more Project
Representatives to assist in carrying out such additional on-site responsibilities,
3,2.2 Project Representatives shall be selected, employed and directed by the
Architect, and the Architect shall be compensated therefor as agreed by the
Owner and ArcMect. The duties, responsibilities and limijations of authority of
Project Representatives shall be as described in the edition of AlA Document
B352 current as of the date of this Agreement, unless otherwise agreed,
3,2.3 Through the observations by such Project Representatives, the Architect
shall endeavor to provide further protection for the Owner against defects and
deficiencies in the Work, but the furnishing of such project representation shall
not modify the rights, responsibilities or obligations of the Architect as described
elsewhere in this Agreement
3.3 CONTINGENT ADDITIONAL SERVICES
3.3,1 Making revisions in Drawings, Specifications or other documents when
such revisions are:
.1 inconsistent with approvals or instructions previousiy given by the
Owner, including revisions made necessary by adjustments in the Owner's
program or Project budget;
.2 required by the enactment or revision of codes, laws or regulations
subsequent to the preparation of such documents.; or
.3 due to changes required as a result of the Owner's failure to render
decisions In a timely manner.
wS'ltrb141-lJlot!2295 7d2
-7-
, Add Paragraph 12,7.
3,3.2 Providing services required because of significant changes in the Project
including, but not limijed to, size, quality, complexijy, the Owne(s schedule. or
the method of bidding or negotiating and contracting for construction, except for
services required under Subparagraph 5.2,5.
3.3.3 Preparing Drawings, Specifications and other documentation and
supporting data, evaluating Contractor's proposals, and providing other services
in connection wijh Change Orders and Construction Change Directives '".
3.3.4 Providing services in connection with evaluating substijutions proposed by
the Contractor and making subsequent revisions to Drawings, Specifications and
other documentation resulting therefrom.
3,3.5 Providing consutlation concerning replacement of Work damaged by fire or
. other cause during construction, and furnishing services required in connection
wijh the replacement of such Work
3.3,6 Providing services made necessary by the defautl of the Contractor, by
major defects or deficiencies in the Work of the Contractor, or by failure of
performance of either the Owner or Contractor under the Contract for
Construction,
3.3,7 Providing services in evaluating an extensive number of claims submitted
by the Contractor or others in connection with the Work,
3.3.8 Providing services in connection wijh a public hearing, arbijration
proceeding or legal proceeding except where the Archiject is party thereto. '"
3.3.9 Preparing documents for alternate. separate or sequential bids or providing
services in connection with bidding, negotiation or construction prior to the
completion of the Construction Documents Phase ,",
3.4 OPTIONAL ADDITIONAL SERVICES
3.4,1 Providing analyses of the Owner's needs and programming the
requirements of the Project ,..
3.4.2 Providing financial feasibility or other special studies.
3.4,3 Providing planning surveys, site evaluations or comparative studies of
prospective sites,
3.4,4 Providing special surveys. environmental studies and submissions reqUIred
for approvals of governmental authorities or others having jurisdiction over the
Project, '"
..S<ltl'0141-ah06229S1Id2
,s-
'" other than for changes
due to errors or omissions
of ArcMect including his
consultants
'" See Paragraph 12,8,
'" except where extensive
addijional work is not
required. or if alternate,
separate, or sequential
bids are required by this
Agreement.
'" except refining existing
program is part of BasIc
Services.
< Add Paragraph 12.3
. ,
3.4.5 Providing services relative to future facilities, systems and equipment. '"
3.4.6 Providing services to investigate existing conditions or facilities or to make
measured drawings thereof,
3.4.7 Providing services to verify the accuracy of drawings or other information
furnished by the Owner.
3.4.8 Providing coordination of construction performed by separate contractors or
by the Owner's own forces and coordination of services required in connection
with construction performed and equipment supplied by the Owner
3.4.9 Providing services in connection with the work of a construction manager or
. separate consu~ants retained by the Owner "'.
2.1.1 9 rr9'Ji8iA~ eletailea estimates sf t;;sRstn:letisA Cast. ..
,
3.4.11 Providing detailed quantity surveys or inventories of material, equipment
and labor.
3.4,12 Providing analyses of owning and operating costs.
3.4.13 Providing iAterier aseigA aAa et~er eiAlilar services required for or in
connection with the selection, procurement or installation of furniture, furnishings
and related equipment "'.
3.4.14 Providing services for pianning tenant or rentai spaces.
3.4.15 Making investigations, inventories of materiais or equipment, or valuations
and detailed appraisals of existing facilities.
3.4.16 Preparing a set of reproducible record drawings showing significant
changes in the Work made during construction based on marked, up prints,
drawings and other data furnished by the Contractor to the Architect.
3.4,17 Providing assistance in the utilization of equipment or systems such as
testing, adjusting and baiancing, preparation of operation and maintenance
manuals, training personnel for operation and maintenance, and consultation
during operation.
3.4,18 Providing services after issuance to the Owner of the final Certificate for
Payment, or in the absence of a finai Certificate for Payment, more than 60 days
after the date of Substantial Completion of the Work,
3.4.19 Providing services of consultants for other than architecturai, structural,
mechanical and eiectrical engineering portions of the Project provided as a part
of Basic Services ".
wS,_lIb'O"l_lI!1De2295 9d2
-9-
'" except that providing for
future expansion is part of
Basic Services.
'" except those listed in
Paragraph 12,16.
'" See Paragraphs 12.2,
12.16.
'" See Paragraph 12.16,
. unless otherwise
specIfied in this
Agreement. Add
Paragraph 12.16,
3.4.20 Providing any other services not otherwise included in this Agreement or
not customarily furnished in accordance wnh generaily accepted arcMectural
practice.
ARTICLE 4
OWNER'S RESPONSIBILITIES
4.1 The Owner shail provide fuil information regarding requirements for the
Project, including a program which shall set forth the Owner's objectives,
schedule, constraints and crneria, including space requirements and
relationships, flexibility, expandability, special equipment. systems and site
requirements.
4,2 The Owner shail establish and update an overall budget for the Project,
including the Construction Cost, the Owner's other costs and reasonable
contingencies related to all of these costs.
4,3 ~ requested by the ArcMect, the Owner shail furnish evidence that financial
arrangements have been made to Mill the Owner's obligations under this
Agreement.
4.4 The Owner shall designate a representative authorized to act on the Owner's
beha~ wnh respect to the Project, The Owner or such authorized representative
shall render decisions in a timely manner pertaining to documents submitted by
the Architect in order to avoid unreasonable delay in the orderly and sequential
progress of the Architect's services.
4.5 The Owner shall furnish surveys describing physical characteristics. legal
limnations and utility locations for the site of the Project, and a written legal
description of the sne The surveys and legal information shail include, as
appliceble, grades and lines of streets, alleys. pavements and adjoining property
and structures; adjacent drainage; rights-of-way. restrictions, easements,
encroachments, zoning, deed restrictions, boundaries and contours of the site;
locations, dimensions and necessary data pertaining 10 existing buildings, other
improvements and trees; and information concerning available utility services and
lines, both public and private. above and below grade, including inverts and
depths, All the information on the survey shail be referenced to a project
benchmark,
4,6 The Owner shall furnish the services of geotechnical engineers when such
services are requested by the Archnect. Such services may include but are nol
limited to test borings. test pits. determinations of soil bearing values, percolation
tests, evaluations of hazardous materials, ground corrosion and resistivity tests,
including necessary operations for anticipating subsoil conditions, With reports
and appropriate professional recommendations,
4.6.1 The Owner shall furnish the services of other consunants when such
services are reasonably required by the scope of the Project and are requested
by the Architect.
.S:.1II'b141.1th08229S 10d2
-10-
4.7 The Owner shall furnish structural, mechanical, chemical, air and water
pollution tests, tests for hazardous materiais, and other laboratory and
environmental tests, inspections and reports required by law or the Contract
Documents lI<.
4.8 The Owner shall furnish all legal, accounting and insurance counseling
services as may be necessary at any time for the Project, including aUdITing
services the Owner may require to verITY the Contractor's Applications for
Payment or to ascertain how or for what purposes the Contractor has used the
money paid by or on behalf of the Owner
4.9 The services. information, surveys and reports required by Paragraphs 4,5
through 4,8 shall be furnished at the Owner's expense, and the Architect shall be
entitled to rely upon the accuracy and completeness thereof.
, 4.10 Prompt written notice shall be given by the Owner to the Architect IT the
Owner becomes aware of any fault or defect in the Project or nonconformance
WITh the Contract Documents.
4.11 The proposed language of certificates or certifications requested of the
Architect or Archttect's consuttants shall be submitted to the Architect for review
and approval at least 14 days prior to execution. The Owner shall not request
certITications that would require knowledge or services beyond the scope of this
Agreement.
ARTICLE 5
CONSTRUCTION COST
5.1 DEFINITION
5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner
of all elements of the Project designed or specified by the Archttect.
5,1,2 The Construction Cost shall include the cost at current market rates of labor
and materials furnished by the Owner and equipment designed, specified,
selected or specially provided for by the Architect, plus a reasonable allowance
for the Contractor's overhead and prOfIT. In addition, a reasonable allowance for
contingencies shall be included for market conditions at the time of bidding and
for changes in the Work during construction,
5.1.3 Construction Cost does not include the compensation of the Architect and
Architect's consultants, the costs of the land, rights-<lf-way, financing or other
costs which are the responsibility of the Owner as provided in Article 4,
5.2 RESPONSIBILITY FOR CONSTRUCTION COST
5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of
Construction Cost and detailed estimates of Construction Cost, IT any, prepared
by the Architect, represent the Architect's best judgment as a design professional
familiar with the construction industry, tt is recognized, however, that neither the
Architect nor the Owner has control over the cost ot labor. matenals or
equipment, over the Contractor's methods of determining bid prices, or over
w5'ltItJ141-llh06l295 1Id2
-11-
lI< unless otherwise
specified in the Contract
Documents, See
Paragraph 12.25.
competitive bidding, market or negotiating conditions, Accordingly, the Architect
cannot and does not warrant or represent that bids or negotiated prices will not
vary from the Owner's Project budget or from any estimate of Construction Cost
or evaluation prepared or agreed to by the Architect.
5,2.2 No fixed limit of Construction Cost shall be established as a condition of this
Agreement by the furnishing, proposal or establishment of a Project budget,
unless such fixed limit has been agreed upon in writing and signed by the parties
hereto, If such a fixed limit has been established, the Architect shall be permitted
to include contingencies for design, bidding and price escalation, to determine
what materials, equipment, component systems and types of construction are to
be included in the Contract Documents, to make reasonable adjustments in the
scope of the Project and to include in the Contract Documents attemate bids to
adjust the Construction Cost to the fixed limit, Fixed limits, ~ any, shall be
increased in the amount of an increase in the Contract Sum occurring after
. execution of the Contract for Construction.
5.2.3 H the Bidding or Negotiation Phase has not commenced within 90 days
after the Architect submits the Construction Documents to the Owner, any Project
budget or fixed limit of Construction Cost shall be adjusted to reflect changes in
the general level of prices in the construction industry between the date of
submission of the Construction Documents to the Owner and the date on which
proposals are sought.
5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Subparagraph 5
2.3) is exceeded by the lowest ... seAa fiBe siel er Ae~etiateel ~re~esal, the Owner
shall:
. t give written approval of an increase in such fixed limit;
.2 authorize rebidding or renegotiating of the Project within a
reasonable time;
8,3; or
.3 if the Project is abandoned, terminate in accordance with Paragraph
.4 cooperate in revising the Project scope and quality as required to
reduce the Construction Cost.
5.2.5 " If the Owner chooses to proceed under Clause 5,2.4.4. the Architect.
without additional charge, shall modify the Contract Documents as necessary to
compiy with the fixed limit, if established as a condition of this Agreement. The
modification of Contract Documents shall be the limit of the Architect's
responsibility arising out of the establishment of a fixed limit. The Architect shall
be entitled to compensation in accordance with this Agreement for all services
pertormed whether or not the Construction Phase is commenced,
_S>lIlb141_1I!l0!l2295 12d2
-12-
... responsible bid
" Add Paragraph 12.17.
ARTICLE 6
USE OF ARCHITECTS DRAWINGS, SPECIFICATIONS
AND OTHER DOCUMENTS
6.1 TRS DrawjA~s, S~eeifieatjeAs aAs etRsr eSSHmeAts J3fel3sreeJ ~r the ,~reAiteet
fer tRis Prejeet are iAstrl:JmsRts sf tRe Arshiteet's seF/ies fer blEB sslery 'xitt4
resf}eet ta iRis Prejeet aRs. 1::JRless 8tRe~:ise f3revieieef, tRB Ars!:liteet BRa!! 138
asemeel tAe al:JtAsr sf tt:lese etsSl:JmSAts aRe 511811 retaiA all eemmSR la':!, statl:Jtery
aRB etAsr reserves Fi~Rts, iReh:leliR~ tRe 8el3yri@At. "T!;:le O'i:Asr 614(;111 Be J3erFAitteeJ
te retaiR 88j3ies. iReh:IBiFl~ rSJ3resl:lsiele eSJ3ies, ef tRe AreR~eet's (;)FawiR~s.
8J3seifieatisRS aRB etAsr aes\;jFR8Rts fer iFlfermatisA aRB refersRse iF! 98RReetisR
VJitl1 tAB Q'i:Flsr's l:Jse aRB ge9t:1J;)SRSY af tRe Prejeat. "]:As ArsAiteet's Qra'.vjR~s,
eJ3seifieatisAs Sf etl=lsr 8S9l:JmeAts sRall Rst Be !:lSSS Elj' IRe O'^'ASr er etR8rs SA
etRer J3fsjeats, fer aaaitieAs ts t~is Prsjeet sr fer sSr:f1J3letisA af tl=l15 Prejsst BY
, etAers, b1Aless tRB ArsRiteat is 8ejblelgeel ts Be iF! elefabllt ldAasr tAis A~reeRieAt,
s)(esJ3t 8Y agFeemeF!t iF! 'xrijiAg aRa witA 8J3J3FSJ3fjate eeFFl)3sFlsatisA t8 tAB
Arsl1iteet.
€,2 SldBFAissiSA er eHstriBl::JtiaA 8f aeSI:Uf18Ats 1a meet effieial re~ldlatery
f8ftldifemeAts sr fer similar J3l::Jf)3BS8S iF! 8eAFleetieR '.~;itl=l tRB Prejse1 is Fist ta 88
8sFlstFl:feS as )3b1slieatiaF! iF! aera~atieF! af tRB .~r8Riteet'5 reseFVea Fi~Ats.
.
ARTICLE 7
ARBITRATION
7.1 ClaiFFlS, sisJ3b1tes sr etRsr FRaMers iF! ~t'JestjsA bet-nesA tAB J3ariies tEl t~is
A@reSFFleAt arisiA@ Sl:jt sf sr relatiA~ ta tRis P.~reeFReAt sr EreasR tRsreef s!4:lJ se
sClsjeet 1e BAB efssiefsei t3y arei1ratieR iF! aeeerefaAsB '.~;i1R tAB CBFls1n:letieA IA8b1stry
Arl3itratisA R1::Jles sf tl18 .~FFlerisaF! P.rsitratiBA Asseeia~iaR 81:HrSRtly iF! attest l:JAlsss
tAB I3sFties fRl::Jtl=lally a~ree stRsM'ise.
7.2 De1Tl8A8 fer ars:trstiSF! sAal1 se files iA Mitin~ W:tA tl1e etAsr l3ariy to tRis
.~@reE!FFlsAt aAa '^,itA tAE! AFRorieaA :\rtaitrstisA .^.5BeeiatieA, .~. eemar:l8 fer
BfsitratisA sl=lall taB r:f1SSS ':litt4iR a reassAas!e tirfls af1er tAe elair:f1, Elj3~blte sr
etAer matter iF! ~blestioA Aas BriseR. IF! AS 8/SAt s14a.11 tRS SCR4SFi8 ~er a.-bilr:fOR
~e rflaa8 af1er the date V.ASA iAstitl:ltisR sf Is@al a; e~uitatale ~r8eeeeiA~s s:J3cd
SA StreFf elBiFA, aiSl3l:lte sr etAer FR:Jtter iF! ~l:lestjsA ';/Ell:lla 138 Banes Bi' tRe
a~ral;8s.610 stat bites sf liffiitatisAs.
7.2 ~Je Jrbitr:)tisA arisiR~ 8I:Jt sf s; reIJ:iA~ :8 t~iG ,^,g,'eeFFlsAt SR:)II iRe~l:lEle, by
eSAsElIiEfBLsA, jaiAser sr iF! BAr etAsr FFl3AFler, BF! aefE1itisABI ~crseA sr CAt it,' Rst G
J3BFtJ' ta tAis AgreCrflGAt, eHeel3! Bj' writ1sA SeASeR! eSRIBiF!iA~ B s[aeeifie rcfercAse
ts this /".g'osmSAt si~AeEf BY tAs n/:Aer, Arehites!. ana BAY etAer .serBeR sr BAtity
Sel:l@Rt to be jeiAed. COASSRt t8 arbitratieA iRYeIYiA~ JA adeitisAall3crSSR sr CAtit)'
st4a:l Aot oeAstitl:lte OORSSRt Ie areitratisF! sf :lAY elaim, s:SI3b1ts sr allier FA3t1er iF!
~1::JestieA net elesElribeel iF! IRS writteA eORssAt sr '.vilA J l3erSSA er ElAtity ASt Aameel
sr scsfJ.'ib:6I tRc;eiA. TI10 forcgoiA~ a~reemeAt !8 arBitrate aAd etAer a~recmeAt3
.51ltlbUl-!lIlOOZ29S 13d2
-13-
. Add Paragraphs 12.9.1
and 12.9.2.
. .
ta a~8itrate '"",itA SA aaaitisAal ~erSeA ef sRtify Bl::lly eSAs8Rtea fa i3~' tAe ~aFties ta
tRis A~reemeAt s~a!ll3e SFlseifieally sAfereeal3le iF! aeeerasRse witl=! at3~liea131e
lav: iF! BAY eeliR A8viAg' jl:lriselietisA tA8Fsef.
7.1 1=R8 a'::afa rSRssreeJ l3y tAB 8Ft3itratsr Sf 8fBitraters sAaH l3e fiREr!. aAa
jl:J8g~eAt may l3e sAiarsa I:lfJ8R it iF! aeeara8Rse xitA 8Flf3liesl3le law iF! BAl' eSl:IR
i=la'JiRg jl:lrisefietieA t14sreef.
'"
ARTICLE 8
TERMINATION, SUSPENSION OR ABANDONMENT
8.1 This Agreement may be terminated by either party upon not less than seven
days' written notice should the other party fail substantially to perform in
accordance with the terms of this Agreement tRFO~~A Aa fa~lt af tRs ~aFly
iRitiatiR@ tt:le terFAiRstisR.
8.2 ~ the Project is suspended by the Owner for more than 30 consecutive days,
the Architect shall be compensated for services performed prior to notice of such
suspension. When the Project is resumed, the Architect's compensation shall be
equitably adjusted to provide for expenses incurred in the interruption and
resumption of the Architect.s services.
8.3 This Agreement may be terminated by the Owner upon not less than seven
days' written notice to the Architect in the event that the Project is permanently
abandoned. ~ the Project is abandoned by the Owner for more than 90
consecutive days, the Architect may terminate this Agreement by giving written
notice.
8.4 Failure of the Owner to make payments to the Architect in accordance with
this Agreement sAall . be considered substantial nonperformance and cause for
termination. *'"
8.5 ~ the Owner fails to make payment when due the Architect for services and
expenses, the Architect may, upon seven days' written notice to the Owner,
suspend performance of services under this Agreement. Unless payment in full is
received by the Architect within seven days of the date of the notice, the
suspension shall take effect without further notice. in the event of a suspension of
services, the Architect shall have no liability to the Owner for delay or damage
caused the Owner because of such suspension of services.
8.6 In the event of termination not the fault of the Architect. the Architect shall be
compensated for services performed prior to termination, together With
Reimbursable Expenses then due flAS all TerfRiAalisA 101I~eAses 85 satiRes iA
Pa:a~FG~A 8.7.
8.7 Terrf1iA3tisA [rFl0Rses are ;A JdditisR ts 8eFP~eA::::ltieA Ie; 8Jsie JAe
Ads'itieAJI 8cr\'iees, aRe iAsll:Jae eJ(~eF1ses 'OAioA a.-a eirestl}' JttrIl3l::Jt.J13le t8
ter~jR.JtiElA. TUFRirl.Jli8A [}(f)eASeS SAJII Be eeR4fll:Jleet as a pCFGcF\IJ~e 81 Iho
w5'1Ib'tl141-llh082295 1.cd2
-14-
",Substitute 12.10.
",may
". Add Paragraph 12.11.
tatal eSFA!3sAsatiBR ter Basia €swiess aReI AeJeHtiaFlal Sewiees saFAes ta t~e tFR8
at termiAatiaA, as fal/s',vs:
.1 T'A'eAty f,3SreBRt sf tl1e tetal eeFR~eAsatieA fer Sasie aAB AeJelitieAal
8:efViees BaFAes te aate W tarmiRatisR eBe~FS eatere sr ef~riRg tRe J3re8esi~R, site
aRal)'sis, sr SeAematie gesigA PRases; er
.2 TeA f3ereBAt al tl18 tetal eBm!38RsatiaR far Basia aRei J'.efefitieAal
8:sFViees BafRes t8 elate jf tefmiRatisA seSI:iFS Sl:ifiRg tRe Qesi~R t;)e':elsf3FReAt
PAase; 8
,2 Fi'la J3ereeAt sf tl1e tetal eemf3aAsatisR far Basia aRB .~seiitieRal
Ssp.riees sarRes ta sate if termiAatisR aSSl:irs Sl:iriA~ BAY Sl:ieSe~l:teRt I3liase,
ARTICLE 9
MISCELLANEOUS PROVISIONS
9.1 Unless otherwise provided, this Agreement shall be governed by the law of
the f3fiAei~al 1318ee sf I3l:1siR8SS af ilie ArsAiteet * ,
9.2 Terms in this Agreement shall have the same meaning as those in AlA
Document A201. General Conditions of the Contract for Construction, current as
of the date of this Agreement ".
9.3 Causes of action between the parties to this Agreement pertaining to acts or
failures to act shall be deemed to have accrued and the applicable statutes of
limitations shall commence to run not later than either the date of Substantiai
Completion for acts or failures to act occurring prior to Substantial Completion, or
the date of issuance of the final Certificate for Payment for acts or failures to act
occurring after Substantial Completion.
9.4 The Owner and Archtlect waive all rights against each other and against the
contractors, consultants, agents and employees of the other for damages, but
only to the extent covered by property insurance during construction, except such
rights as they may have to the proceeds of such insurance as set forth in the
edition of AlA Document A201, General Conditions of the Contract for
Construction, current as of the date of this Agreement ". The Owner and
Architect each shall require similar waivers from their contractors, consultants
and agents.
9.5 The Owner and Architect, respectively, bind themselves, their partners,
successors, assigns and legal representatives to the other party to this
Agreement and to the partners, successors, assigns and legal representatives of
such other party with respect to all covenants of this Agreement. Neither Owner
nor Archtlect shall assign this Agreement without the written consent of the other.
9.6 This Agreement represents the entire and integrated agreement between the
Owner and Architect and supersedes all prior negotiations, representations or
"S\IIl~Ul-lII'I0B2295 15(12
-15-
" State of California,
County of Marin, and the
Town of Tiburon
" unless otherwise set
forth in this Agreement.
" unless otherwise set
forth in this Agreement or
the Contract Documents
agreements, either wrttten or oral. This Agreement may be amended only by
written instrument signed by both Owner and Architect.
9.7 Nothing contained in this Agreement shall create a contractual relationship
wtth or a cause of action in favor of a third party against either the Owner or
Architect
9.8 Unless otherwise provided in this Agreement, the ArcMect and ArcMect's
consultants shall have no responsibility for the discovery, presence, handling,
removal or disposal of or exposure of persons to hazardous materials in any form
at the Project stte, including but not limited to asbestos, asbestos products,
polychlorinated biphenyl (PCB) or other toxic substances.
9.9 The ArcMect shall have the right to include representations of the design of
the Project. including photographs of the exterior and interior, among the
. Architect's professional materials. The Architect's materials shall not include the
Owner's confidential or proprietary information if the Owner has previously
advised the Architect in wrtting of the specific information considered by the
Owner to be confidential or proprietary. The Owner shall provide professional
credtt for the Architect on the construction sign and in the promotional materials
for the Project.
ARTICLE 10
PAYMENTS TO THE ARCHITECT
10.1 DIRECT PERSONNEL EXPENSE
10.1.1 Direct Personnel Expense is defined as the direct salaries of the
Architect's personnel engaged on the Project and the portion of the cost of their
mandatory and customary contributions and benefits related thereto, such as
employment taxes and other statutory employee benefits, insurance, sick leave,
holidays, vacations, pensions and similar contributions and benefits. "
10.2 REIMBURSABLE EXPENSES
10.2.1 Reimbursable Expenses are in addition to compensation for Basic and
Additional Services and include expenses incurred by the Architect and
Architect's employees and consuitants in the interest of the ProJect, as identified
in the following Clauses.
10.2.1.1 Expense of transportation in connection with the Project; expenses in
connection with authorized out-of-town travel; long.distance communications;
and fees paid for securing approval of authorities having jurisdiction over the
Project ".
1 0.2.1.2 Expense of reproductions, postage and hancling cf Drawings,
Specifications and other documents -.
w5-1:l'blfl-lIh062295 16<12
-16-
- Add Paragraph 12.19.
. except as specified in
Paragraph 12.12.
. Oiner than for
correspondence. See
Paragraph 12.12.
10.2.1.3 If authorized in advance by the Owner, expense of overtime work
requiring higher than regular rates.
10.2.1.4 Expense of renderings, models and mock-ups requested by the Owner
JIf.
10.2.1.5 Expense of additional insurance coverage or Iim~s, including
professional liability insurance, requested by the Owner in excess of that
normally carried by the Arch~ect and Architect's consu~ants.
10.2.1.6 E)(~eASe sf eeFA~Hter aieBs aesi~A aRB araftiRg e~l::JiJ3rf1eRt tiFA8 ':Jt:leA
t:lses iF! 88AReetisR 'lJitJ:t t~e Prejeet ..
,
10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
1 9.3.1 .~Fl iRitiall3aymeRt as set faRA iF! ParagfaJ3A 1 1.1 is tJ.:te miRiRH:IFFl J3aymeRt
!:JABer tRis AgresmeAt.
10.3.2 Subsequent payments for Basic Services shall be made monthly and,
where applicable, shall be in proportion to services performed within each phase
of service, on the basis set forth in Subparagraph 11.2.2.
10.3.3 If and to the extent that the time in~ially established in Subparagraph 11.5.
1 of this Agreement is exceeded or extended through no fau~ of the Archnect,
compensation for any services rendered during the additional period of time shall
be computed in the manner set forth in Subparagraph 11.3.2.
10.3.4 When compensation is based on a percentage of Construction Cost and
any portions of the Project are deleted or otherwise not constructed,
compensation for those portions of the Project shall be payable to the extent
services are performed on those portions, in accordance with the schedule set
forth in Subparagraph 11.2.2, based on (1) the lowest bona fide bid or negotiated
proposal, or (2) if no such bid or proposal is received, the most recent preliminary
estimate of Construction Cost or detailed estimate of Construction Cost for such
portions of the Project.
10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
10.4.1 Payments on account of the Architect's Additional Services and for
Reimbursable Expenses shall be made monthly upon presentation of the
Architect's statement of services rendered or expenses incurred.
10.5 PAYMENTS WITHHELD
10.5.1 No deductions shall be made from the Architect's compensation on
account of penalty, liquidated damages or other sums withheld from payments to
contractors, or on account of the cost of changes in the Work other than those for
which the Architect has been found to be liable.
.~rIl'b141.llh06<295 17<12
-17-
JIf except those of a
preliminary nature dealing
with design concepts.
JIf Special 3D motion
graphics if requested by
Owner shall be a
reimbursable expense.
10.6 ARCHITECT'S ACCOUNTING RECORDS
10.6.1 Records of Reimbursable Expenses and expenses pertaining to Additional
Services and services performed on the basis of a multiple of Direct Personnel
Expense shail be available to the Owner or the Owner's authorized
representative at mutuaily convenient times.
ARTICLE 11
BASIS OF COMPENSATION
The Owner shail compensate the ArcMect as foilows:
,
11.1 A~J I~JITIAL PAYM[~JT at sRall Be mass HJ38A 8lreaytisA sf tRis
AgreemeAt aRa sfeaiteef Ie the OWRer's B8eel::lAt at fiRal J3aymeAt.
11.2 BASIC COMPENSATION
11.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services
included in Article 12 as part of Basic Services, Basic Compensation shail be
computed as foilows: *
11.2.2 'A'l1ere eSfRJ:'leAsatisA is easea SA a stiJ:'ll:Jla~eef St:UTl er FlsreeAtage af
CeAstF~eti8A Cest. Progress payments for Basic Services in each phase shail
tetal tRe fells','JiA@ J38FtieAs at tAe mB:HiRUilTl tetal Basis f:eff1J3eAsa~jeA j3ar.:s1e: *
11.3 COMPENSATION FOR ADDITIONAL SERVICES
11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES. as
described in Paragraph 3.2, compensation shail be computed as foilows:
As agreed beforehand by Owner and Architect, if such services are
requested by Owner.
[Continued on next pagel
Rw.9127"35
..5\lIl'b\41-1Ih08229518d:J
-18-
* See Paragraph 12.26.
* not exceed the amounts
per service and per phase
shown in Exhibit 3. Should
the costs of anyone phase
be iess than the projected
total for that phase, the
balance remaining shall
shift forward into the next
phase of work.
Fixed stipulated sum or hourly fees not to exceed a maximum as agreed
beforehand by Owner and Architect.
11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT and its Consuttants,
as described in Articles 3 and 12, other than (1) Additional Project
Representation, as described in Paragraph 3.2, and (2) services included in
Article 12 as part of Basic Services, slil e)(el~aiR~ eeFViaes af aaRs~ltaRts,
compensation shall be computed as foilows:
Fixed stipulated sum(s), or hourly fees not to exceed a maximum, as
agreed beforehand by Owner and ArcMect.
11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional
structural, mechanical and electrical engineering services and those provided
'under Subparagraph 3.4.19 or identified in Article 12 as part of Additional
Services, a multiple of one and one-tenth (1.1) times the amounts billed to the
Architect for such services, subject to the provisions of Paragraph 11.3.2.
11.4 REIMBURSABLE EXPENSES
11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10.2, and
any other items included in Article 12 as Reimbursable Expenses, a muttiple of
one and one-tenth (1.1) times the expenses incurred by the Architect, the
Architect's employees and consultants in the interest of the Project.
11.5 ADDITIONAL PROVISIONS
11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been
completed within twenlY-four (24) months of the date hereof, through no fault of
the Architect, extension of the Architect's services beyond that time shall be
compensated as provided In Subparagraphs 10.3.3 and 1 1.3.2.
11.5.2 Payments are due and payable within thirtv (30) days from the date of the
Architect's invoice. P,Age~Rts ~R~aia () aa,'s after tRe iR'lsies elate sRall sear
iAtSFsst at tRe rate Bflterea Belew, SF iF! tAB a13s8Ase tl=lereef at tAB le~al fate
fJFel\'ailiR@ frsm time Is timB at tAB I3fiASiJ3all3laee sf 8l=lsiASSS sf tl=l8 ArsAiteet.
11.5.3 The rates ami A9~lti~les set forth for Additional Services shall be annually
adjusted in accordance with normal salary review practices of the Architect, as
set forth in Paragraph 10.1.1.
11.6 FIXED LIMIT OF CONSTRUCTION COST..
11.6.1 A fixed limn of construction cost of $1.4 million, Including
contingencies as approved by the Owner, shall be a condition of this Agreement,
in accordance with Paragraphs 5.2.4 and 5.2.5.
Rw.9i24}g5
w5'.ltl'bUl.Ilh082295 19<13
-19-
.. Paragraph 11.6 added
ARTICLE 12
OTHER CONDmONS OR SERVICES
See alt8dled MicIe 12 adlj!ion~.
,
AGREBlENT
Thi$ Agroemenl Unt8R~j into as 01 lilt day and YBiIIlittl Wlitt8ll abOve.
OWNER
(S'f.......)
~~ Townolliburcri
", _....'iII.) ,
ARCHITECT .
~~_ftJ!:.~
/l'riMtJ_....""-1 .
....,...- ...
.20-
ARTICLE 12
OTHER CONDmONS OR SERVICES
See aIladled MicIe 12 addItion~,
AGREEUENT
This Agr"menlllnt8"~j into as oIll1e day and year first den abclve.
OWNER
(S~""f"'.J
Mayor, Town 01 Tiburcit--
"'wlI<J__,iIH) ,
"'*'01....... ~
-20-
12.1
far.. Amendin!!
(1.1.2)
12.2
12.3
12.4
12.5
12.6
12.7
12.8
(2.2.5,2.3.2,
2.4.3)
(2.4.4, 3.4.4)
(2.5.1)
(2.6.5)
(2.6.8)
(3.3.1.2)
(3.3.8)
R.....9r'2419S
wS.liiI;l141.lhlcl508189S
Article 12 Additions
Schedule:
The schedule for the perfonnance of the Architect's Services shall confonn to the
approved overall project schedule, including the periods for Owner's review and
approvals.
Cost Estimates:
As part of the Basic Services, the Architect shall provide the services of a cost
consultant who shall prepare cost estimates to identify the cost of the Project,
including for architectural, mechanical, electrical and other systems, materials
and elements, so that alternative choices may be evaluated where appropriate in
order tD meet budget constraints. The Architect shall provide infonnation to the
cost consultant as necessary for the preparation of the estimates.
Environmental Review Infonnation:
As part of Basic Services, Architect shall provide Owner's environmental review
consultant, Planning Department and/or other agency with copies of any
documents or infonnation required under this Agreement to be prepared by
Architect for the Project.
Contract Fonns; General and Supplementary Conditions:
To the extent possible, Owner shall provide Architect with Owner required
materials for Architect's project manual. These shall include, but not be limitcd
to, agreement fonns, bond and insurance requirements and general or
supplementary conditions required by Owner in addition to any other appropriate
general and/or supplementary conditions recommended by the Architect.
Construction Meetings and On-site Visits:
The Basic Services shall include the Architect's attendancc at a site meeting
every two weeks during construction, with additional intennediate meetings and
site visits as necessary during the course of construction. The Architect's
consultants shall also attend such meetings and provide site visits as necessary
for the work for which the consultants have providcd serviccs. The prccise
schedule of visits shall be arranged with the Owncr and Contractor.
Communications:
Architect shall promptly provide Owner with copies of all wrillcn
communications between the Architect and the Contractor, and betwcen the
Architcct and its consultants.
Codes:
Drawings, specifications or othcr documcnts prepared by Architect shall confonn
to all published codes. laws and regulations which arc adopted or have heen
published and are pending adoption.
Town Meetings:
Basic services shall include appearances at Town Council. hoard or commission
hearings at which Architect's attendance is requircd to present the Project design
or discuss other Project mallers.
Anicie 12 - Page I
12.9.1 (6.2)
12.9.2 (6.2)
12.1 0 (Art. 7)
12.11 (8.4)
12.12 (10.2.1.1.)
12.13
"S,ltlbl<fl-atl2dJoel895
Ownership of Drawings and Documents:
Subject to the provisions of Paragraph 12.9.2 below, the original drawings,
specifications and other documents. computer tapes or disks or rcproducibles
thereof, prepared by Architect for this Project are and shall be the property of
Owner whether or not the work for which they are made is perfonned.
Limitation of Liability:
Upon tennination under Article 8 of this Agreement and upon Owner's payment
of the amount required to be paid under that Article. the original drawings.
specifications and other documents, computer tapes or disks or reproducibles
thereof prepared for the Project shall be transferred to Owner upon request
without additional compensation. Owner shall have the right to utilize any
completed or uncompleted drawings. specifications or other documents prepared
by Architect for this Project. In the event such drawings are utilized by the
Owner after tennination of the Agreement. owner agrees to hold hannless.
indemnify and defend Architect against all claims. demands. actions. causes of
action. losses, damages. liabilities. costs and expenses, including but not limited
to reasonable attorney's fees or obligations which arise out of the use of those
drawings except for work which was not revised or which was done under the
Architect's seIYices including construction obseIYation seIYices.
Arbitration. Litigation:
No claim, dispute or other matter in question between the parties to this
Agreement shall be submitted to arbitration unless agreed upon by both parties.
Any lawsuits between the panics shall be filed in Marin County Superior Court.
Mediation:
Should both parties so agree, claims, disputes or other matters in question
between the parties to this Agreement arising out of or relating to this
Agreement or breach thereof shall be subject to mediation under the
auspices of a recognized, neutral third-party professional mediation
service, or other mediation method acceptable to the parties, prior to
undertaking any legal action. The cost of the mediation service shall be
borne equally by the parties. A demand for mediation shall be made
within a reasonable time after the claim, dispute or other matter in
question has arisen.
Payment to Consultants:
Failure of the architect to make prompt payment to any of its consultanL"
employees or creditors who may have stop notice rights against thc Projcct may
be trcated by the owner as substantial nonperfonnance and causc for tcnnination.
Reimbursablc Expcnscs:
Expenscs for tclephone, fax and other communications between Architect's
office. San Francisco and Tiburon in connection with Ilasic Services shall not he
reimbursable. Automobile travel in connection with the Project shall be
reimbursable at the rate of 28 cents per mile. Express delivery charges in excess
of regular postal charges. if requcsted by Owner, shall be a rellnbursablc
expeme.
Architect as Indcpcndcnt Contractor:
Architect is an independent contractor and shall not be deemed to be an a ~cnt,
servant or employee of Owner for any purposc. '
Article 12 - Pagc 2
12.14
12.15
(B)
(C)
(D)
.611b'bl<&1-lII'I3dJClBl895
Hold Harmless:
Architect shall hold harmless. indemnify and defend Owner. its officers.
employees, agents. boards and commissions. whether elected or appointed. from
and against all claims, demands, actions. causes of action, losses, damages,
liabilities, costs and expenses, including but not limited to reasonable attorney's
fees or obligations, for or in connection with personal or bodily injury or damage
to property, (both real and personal) which arises out of or is in any way
connected with the willful misconduct, negligent act, error or omission of
Architect, or its agents. contractors, subcontractors or employees in connection
with the performance of this Agreement
Insurance:
Architect shall not commence work under this Agreement until obtaining all
insurance required under this paragraph and having that insurance approved by
the Town Attorney as to form and amount, nor shall Architect allow any
contractor or subcontractor to commence work until all similar insurance
required of the contractor or subcontractor has been obtained and approved. All
requirements shall appear either in the body of the insurance policy or in
endorsements and shall specifically bind the insurance carrier.
Architect shall take out and maintain during the life of this Agreement the
following policies of insurance:
(A) Worker's Compensation and Employers' Liability Insurance in the
statutory coverage. In signing this Agreement. Architect makes the
following cenification:
"I am aware of the provisions of Section 3700 of the California
Labor Code which require every employer to be insured against
liability for Workers' Compensation or to undertake self-
insurance in accordance with the provisions of the Code, and I
will comply with such provisions before commencing the
performance of the work of this Agreement."
Commercial General Liabilitv Insurance' In an amount not less than
FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for injuries
including, but not limited to, death to anyone person and subject to the
same limit for each person in an amount not less than ONE MILLION
DOLLARS ($1,000.000.00) combined single limit per occurrence for
bodily injury, personal injury and property damage.
Automobile Liabilitv (Code 1) Insurance: In an amount not less than
FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) combined
single limit per accident for bodily injury and property damage.
Errors :md Omissions Insurance: TIlroughout the term of this Agreement,
Architect shall maintain in full force and cffect, professional liabilitv
insurance with a minimum limit of thrce hundred fhousand dollarS
($300,000) combined single limit to cover dama~cs that mav he the
result of errors, omissions, or negligent acts of the archit~ct. 111is
insurance shall be kept in force for not less than one (I) year after
completion of the services described in this Agreement.
Article 12 - Page 3
. .
12.16 (2.1.1)
w5'\tj'bl.l.llt1.cdJllel89S
.(E) The Town of Tiburon, its officers, employees, agents, boards or
commissions, whether elected or appointed, shall be addcd as additional
insureds on the insurance coverages required by subsections (b), (c), and
(d) above with regard to work perfonned on the Project. These policies
of insurance shall also contain a provision indicating that such insurance
shall not be reduced or canceled except upon thiny (30) days written
notice to Owner. In addition, the following endorsement shall be made
on the policy of insurance:
"Notwithstanding any other proVISIOn in this policy, the
insurance afforded hereunder to the Town of Tiburon shall be
primary as to any other insurance or reinsurance covering or
available to the Town of Tiburon, and such other insurance or
reinsurance shall not be required to contribute to any liability or
loss until and unless the approximate limit of liability afforded
hereunder is exhausted."
(F) Architect shall submit evidence of the insurance coverages required by
this section to the Town Attorney for approval as to fonn and amount
These policies of insurance shall also contain a provision indicating that
such insurance shall not be reduced or canceled except upon thiny (30)
days written notice to Owner.
Consultants Services Included or Not Included in Basic Services:
The following services, in addition to the nonnal structural, mechanical and
electrical services listed in Paragraph 2.1.1, are included in Basic Services:
(A) Civil Engineer. for on-site work and work on adjacent areas, including
driveway entrances, sidewalks and curbs, and work on Town propeny
immediately adjacent on the NOM which is to be improved as pan of
this projcct, up to and including the path;
(B) Landscape architect, for on-site work and work on adjacent areas,
including driveway entrances, sidewalks and curbs, and work on and
Town propeny immediately adjacent on the NOM which is to be
improved as pan of this Project, up to and including the path;
(C) Selection of materials and color schemes for interior floor, wall, ceiling,
built-in cabinetwork and equipment surfaces; furniture layouts. (See
12.16(K) below for services in connection with selection, procuremcnt
and installation offurnishings.)
(D) Acoustic consultant for acoustic treatment;
(E) Documenting conduit as directed by Owner's communications. sound
and special sccurity consultants;
(F) Cost estimating;
(G) Graphics design (signs)
The following arc not pan of Basic Services. Thc Owncr at its oplion dircctlv
may employ consultants for such: .
(Ii) Communications;
(I) Sound systems;
(1) Special security (camera, card access. ctc.);
(K) Interior design consultant services in conncction wi lh sClcctllln.
procurement and installation of furnishings, or the Owner may rctain the
Architect for such services at tile sum set rOM in paragraph 12.26
(11.2.1);
Anicle 12 - Page 4
12.17 (5.2.5)
12.18 (2.1.2)
12.19 (10.1.1)
12.21 (2.2.3)
(L) Off-site civil engineering for work in the marsh area north of the
pathway; paving and curbs on Mar West and Tiburon Boulevard.
Fixed Limit of Cost:
At the beginning of Paragraph 5.2.5 insert: "A fixed limit including allowance(s)
and contingencies as approved by the Owner, as specified under Paragraph 11.6
of this Agreement, shall be a condition of this Agreement. The modifications
required by Paragraph 5.2.4.4 shall be done at no charge to the Owner if the
lowest responsible bid submitted exceeds the fixed limit, including approved
allowances and contingencies."
Preliminary Design Phase:
The Basic Services and Fees shall incorporate into the Preliminary Design Phase
the following services and fees described in the Agreement for the Initial Master
Planning Phase, dated August 8-9, 1985.
(A) Refine the building and site program,
(B) Develop a series of alternative approaches to building siting, parking,
access and massing,
(C) Refine the preferred approach to the level required for environmental
review and prepare those documents necessary for environmental review.
Hourly Rates:
Fees which are to be compensated on an hourly basis shall be computed on the
basis of flat hourly rates, which shall include all Direct Personnel Expenses,
whether or not specified in paragraph 10.1.1, as shown in the Hourly Rate
Schedule in the Exhibit attached to this Agreement. This Schedule shall cover
specific key personnel of the Arehitect and its Consultants who will be working
on the Project, as well as the range of flat rates for categories of other personnel
who cannot be identified at the time of execution of the Agreement. The rates in
the Hourly Rate Sehedule shall not be adjusted more frequently than annually:
with the Architect's rates subject to adjustment each October.
Time spent during travel within the Bay area shall not be chargeable.
Hourly charges of principals attending Town meetings may be reduced as agreed
by Owner and Arehitect.
Site Master Planning in Basic Services:
The Basic Services and Basic Fees shall also include the circulation, site and
master plan studies which have been authorized and provided prior to the
execution of this Agreement.
12.23 (2.3.1)
12.22 Paragraph 12.22 is not used.
12.24 (2.6.10)
RW.!ii2(,95
w~ltI'bl.1.llh5d7oel!95
Revise Design to Town's Approval:
The Basic Services shall include design revIsIons as necessary to obtain the
Town's approval, except that revisions resulting from changes to the previously
approved Program or instructions shall be compensated as Additional Scrviccs as
provided under paragraph 3.3.1.1.
Payment Certification by Town's Project Manager or Agent:
The Owner's Project Manager or agent will also have the authority to recommend
approval, disapproval, or amendment of certificates for paymcnt.
Article 12 - Page 5
12.25 (4.7)
Lab Tests Requirements:
The requirements for laboratory tests and inspections, as agreed upon by Owner
and Architect, shall be included in the construction specifications.
12.26 (11.2.1)
Basic Fee:
For the total Project. the Compensation (Basic Fee) for the Basic Services and
scope described in this Agreement shall be on an hourly basis, not to exceed the
amounts per Service and per Phase shown in Exhibit 3, and a maximum total of:
$194.950
This Basic Fee includes the fees for the initial master planning phase of work, as
specified in the Agreement dated August 8 & 9, 1995, on an hourly basis not to
exceed a maximum of:
,
$25.000
At the Owner's option. the Owner may request the Architect to provide interior
design services in connection with the selection, procurement or installation of
furniture. furnishings and related equipment, fees, in addition to the above Basic
Fee, on an hourly basis not to exceed a maximum of:
$7.500
At the Owner's option, the Owner may request the Architect to provide other
services in addition to the above Basic Fee, on an hourly basis not to exceed the
following maximums:
-Graphics and Signage: $3.000
List of Attached Exhibits
1. Pro gram Areas
2. Hourly Rates of Key Staff
3. Charges for Architectural and Engineering Services
R8'I_Si2MS
'll'S\ltI'b141-l1h082295&:l8
Article 12 - Page 6
. .
Total Enclosed Area
Covered Area
Gross Area
,Council Chambers and
Meeting Rooms
Chambers
Meeting Rooms
Recreation Offices
Administration
Planning & Building
Staff Toilet
Staff Lounge
Small Lobby
Public Toilets
Total Enclosed Area
Covered Area off Chambers
Other Covered Areas
1,600
800
EXHIBIT 1
Tiburon Town Hall
PROGRAM AREAS
8,650 Sq.Ft.
550
8,925 (8650+550/2)
2,400 Can be used separately or as one large
room
1,250 Close to meeting room; limited public traffic
1 ,450
2,300
75
275
450
450
8,650
450 Just enough for rainy weather
100
550
(From "Building Costed by Adamson Prior to Election")
Rev. g,'2~r95
w5\1II'b14f.1ltJOB2295 ld9
Exhibit 1
. .
EXHIBIT 2
Tiburon Town Hall
HOURLY RATES OF KEY STAFF
(See Section 12.19)
Hourly Rates of anticipated staff at Bull Stockwell Allen & Ripley. Architects
Henrik Bull $120/hr
Mark Schatz $95/hr (Architectural Project Manager)
'WiII Adams $95/hr
Michael Woodcox $66/hr
T. C. Moore $56/hr
Alden Marsh $62/hr
Mark Borchardt $63/hr
Staff billing rates will be subject to adjustment each October. except for Mr. Schatz.
Hourly Rates of anticipated staff at E.G.Hirsch & Associates. Structural Enqineers
Eph Hirsch $135/hr
Senior Engineer $76/hr
Junior Engineer $66/hr
Drafter $60/hr
Other consultant charges on request.
(From BSAR 8/25/95)
Rev. S/26,o)s
w$.Iit'b141.1Ih0&2295 Idl0
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TOWN OF TIBURON
STAFF REpORT
Item No.
7-
To:
From:
Subject:
TOWN COUNCIL
TOWN MANAGER
BELVEDERE-TlliURONLlliRARY AGENCY AGREEMENT
- ALLOCATION OF TAX REVENUES
October 18, 1995
Date:
Background
An agreement has been prepared by the Belvedere- Tiburon Agency Counsel for the
purpose of allocating tax revenues after the effective date of withdrawal by the City of Belvedere
and the Town of Tiburon from the Marin County Free Library System.
The proposed agreement requires review and approval by the County of Marin, Town of
Tiburon, City of Belvedere, and the Belvedere-Tiburon Library Agency.
In essence, the agreement addresses the allocation of property tax revenue which must be
adjusted pursuant to the provisions of the Revenue and Taxation Code Section 93 so that
property situated in the Town of Tiburon and the City of Belvedere shall not, thereafter, be liable
for taxes for the Marin County Free Library purposes.
Recommendations
The recommended schedule for consideration and approval of the proposed agreement by
the affected parties is as follows:
--BelvedereJTiburon Library Agency . . . . . . . . October 10, 1995
--County of Marin . . . . . . . . . . . . . . . . . . . . . .October 17, 1995 (scheduled)
--Town ofTiburon . . . . . . . . . . . . . . . . . . . . . .October 18, 1995 (scheduled)
--City of Belvedere . . . . . . . . . . . . . . . . . . . . . .Special Meeting (to be scheduled)
R. L. Kleinert
Town Manager
Exhibits
I) Letter from Lee Jordan to Belvedere/Tiburon City Attorneys (10/5/95)
2) Draft Agreement (10/5/95)
3) Letter from County Administrator's Office to Board of Supervisors (10/12/95)
lO-lv-l895 09:44
415 507 1408 MSB
LELAND H. JORDAN
ATTOIllN'''''''T Ut.W
P.("I2
I/eM.- M. q.
ORIGINAL
.,
., IK'tYIIW n"."Ca
'AN .A'AIL, CALiPCl"NI'& ".01
TI;LIPHONl!: iC' ,) ..a......
October 5, 1995
\
\
I
RECElv'eD
MS&B
-.
BY:
DATE:
Gary T. Raqqhianti, Esq.
874 Fourth street
San Rafael, California 94901
John B. Sharp, Esq.
630 ~. GallinaB Avenue
San Raf..l, California 94903
SENT 8Y PACSIMILE AND u.s. MAIL
ReI Belvadere-Tiburon Library Agency
Dear Gary and John:
As I believe you are both aware, I have been retained by the
Belvedere-Tiburon Library Agency to draft a propo.ed agreement
pur8uant to Which the allocBtion of tax revenue. would be adjusted
after the effective date of the withdrawal of the City of Belvedere
and the Town of Tiburon from thB County Pree Library Syatem. I
have prepared a draft of 8uch an aqreement and enclo.. the BalllB
herewith.
I will be meeting with county repre.antative., includi~q Allen
Haim, to discus. the enclOBed draft at 1:30 p.m. tomorrow, Friday,
October 6, 1995. Although I realize the time 18 vary ahort, I
would appreoiate it if Bach of you would review the enclosure and
provide any cOllllllents you may have prior to my meeting with the
County representativee. Your c01lUllents lIay be faxed to me at:
(415) 499-8462.
As you know, the Belvedere-T1buron Library Aqenoy w111, on November
7, 1995, place before the votere of Belve~ere and Tiburon a meaeure
authorizinq the levy of a epec!al tax. It. 18 important. to the
proponen't8 at t.ha meaaura to hllVe the revenue transfer iesue.
re.olved at the earlisst poseibls dats. It i8 our intent to place
8uch lln sqreelllent on the agenda of the Marin county BOllrd of
Supervi.ora for its approval at its meeting of October 17, 1995.
Enclosure
LHJ:cj
ce: Marqaret Jone.
10-10-1995 09:44
415 507 1408
M58
DRAFT ACRElMENT RE BILVEDBlE-tI8UROK LIBRARY
This ie an agre._ni: alllong the CloUhty of Herin, a political
subdividon of tha Iltab of california (IlCountylt), tha Town of
Tlburon, a lIIunlclpal corporation (IlToWnll), the city of Belvedere,
a m\ut!cipal ClOrpouUon (llcityll) I and the se1veda:r;a-Tiburon Library
Agency. a joint powau aq.ney et.et~ by the Town and the city
("AlJeneyll), anr:!. b ba..d upon the fo11owing fact.:
(a) !'UnUant to BdUollUon code .ection. 1!1100 at .aa., county
hail ..tabli.had a county rt.. tibrary syetam to provide
library .ervices withil1 at; UN of the county which
inoludas Town and city,
(b) County pt..antly lev i.. an ad v.lorem prcperty tax undar
RevenUe aM Taxation Codillsaotion '3, eU),d; (b) and,
undar Ravanu. .M 'taxation Coda Sections 9S at 8.a.,
alloc.t.. a pottion that'of (.p~roki.at.ly 3.") for the
purpose of oparatinq tha county ~ta. Library Sy.tam.
,
(e) On Maroh ____I 199~, the voter. of ipeoial Taxln~' Zone
Ho. 2 or the Marin CoUnty tr.. Library Systelll approved
Mea.ura L ~hich .uthorl.ad a parea1 tax in an alllount not
axc.edinq $36.00 par y.ar for the pUrpo.. 01 providing
I library .nvica.. Ma.lllih 1J abo tnete.Mad the alllount of
the appropria~ion. limi~ of county, insorar a. it
pertaihs to the Marih COUn~Y tre. Library Systam, in the
amount of the proc.ede of thl parc.1 tax for II pariod of
foUr yaar.. Town and city are both included within the
boun~ariaa of Special Taxihg Zen. ko, 2,
1
P.C3
.
10-10-1995 09:4S
415 507 140e
1'158
P.04
(d) the residents ot Town and city have been concerned tor a
oonsiderabl. time ~at the library facilities and
services ~rovid.d to them by the County Free Library
system are inadequate. SUoh .ervice. are ~resently at
appro~illl8tely one-third the level ~ey Would be it they
met national .tandards for oommunitie. of their combined
sille.
(e) ! An active library tund raising oampaign by the eltiaens
. .
of Town and city ha. resulted in pledqe. and donations of
almost two and one haif Million dol1ar. in private funds
to improve library .ervic.. by buildin~, eqUipping and
operat:!nq a ne'" ane! IIhlarlJed publio library in their
co~nities. A site for a new library ha. be.n donated
to the Town by ~rl Sdwarc! Zelinsky and his sister, Mrs.
Barbara Abram.. ,this .ite ha. b..n dedicated by the Town
for the oonstruotion ot a new library.
,
(f), BfheHve July 1, ill!!!!, '1'OWtl and city entered'tnto II
Joint Power. Agre.ment ~Ur.Uant to Government Code
seotions 15500 Ilt sea, Th. Join!;. Powers Agreemsnt created
the Bslvedere-Tiburdn ~ibr'ry Ag8noy for the purpose, in
oooperation with the pertitlli111a Library Fobndation, ot
oonstruoting, operating and maintaininq a new library to
.erve Town and citYI Thl ~onated fUnd. referred to in
paraqraph (e), abov., ha~. been rec.ived and are
administered by the pertin_Ula Library Foundation I
(g) Town and city have, or are aboUt to, adopt R.solution. of
2
10-10-1995 09:46
415 507 1408
MSB
P.OS
Intention to withdraw trolll the County Fne Library systelll
punuant to Edueation cod. section 19104. EdUcation code
Seotion 19104 provid.. that upon .Uch withdrawal the
,property dtuatad in Town and city ahaU not b. liable to
taxee for county Fre. ~ibrar1 purpo....
(h) The withdrawal by Town and city trOlll the county Free
Libra~ syat.. and th. cr.aticn of the ..l~ed.re-Tiburon
Library Aganoy will have the followin~ aff.cta:
(i) A new munidipal library to b. op.rated by tha
selvader.-Tlburon ~ibr.ry A~ency will be
craatad within rown and city,
(11) The allodat:ion of proparty tax rev.nue must be
adjuatad pur'Uaht to the provi.ion. of Revenue
and. Talcatibtl Cod. Section 1111 eo that the
propetty .ituated in Town and city ahall not,
thereafter. b. liable to taxe. for County Fre.
~~ __1
Llbrary purpo.... ' ,
(Hi) That porHoh l:lf the M..-ura I.i Slarcel tax which
i8 leviad within ToWn and, city may not,
thareaftar, be U..d to .upport County Free
Library purpo... and. therafore, shOUld b.
allocatad to Town and city.
(lv) The appropriation. limit. at county, Town and
city mu.t be ad1Uated pursUant to california
constitution Article 13 8, Sea. 3, td refleot
the revieions in allocations of tax revenues.
,
3
10-10-1985 09:46
415 507 1408
r'158
P.06
ei) The Belvedere-Tiburcn Library Aqency, acting pureuant to
, Governm,nt Code secticn S3j11 et .aal' ha. e.tabli.hed a
Mella-Roo. community '.oillt!e. Diatrict, the bOUndaries
ot whioh are Clohtlll!noUe with thoee of Town and City,
The Community ..aoiliUe. Obtrlc:t h.. been e.tebliehed to
authorize the oonetruc:tion. operation and ..intenance ot
a pu~~id library within ~own and city. At the reqular
eleotlon to be oonduoted an MOYemb~ 1, 1995, a ballot
me..ure will be Bubm!ttad to the votere of the Community
'aeilltie. Di.trict whioh, it approved,would authorize
the Belvedere-Tiburon Library Agenoy to 1evy and collect
a .pecial paroel taK not to exoead $6&.00 per year for
eac:h parcel, redUced .'oh v.ar, beqinnirtq in 1996, by the
amoUnt of Meaeure L epeoia1 tax levied within the
co.-unity 'acilitie. oiatrictl
ej) The ~elvedet.-Tiburon Library Agenoy intends to operate
./,
ib llIunicipal library ili caoparat::!cn with thti Marin
county Fr.. Library Syet_. and other pUblio librarie..
NOW, THEREFORE, IT 18 ACRIBD a~ THB P~TIts As FOLLOWS I
1. l!:ft~cl:iv. JUly 1, 1996. ahl! cOI1t1nuinq neh rbclll ye.r
ther.aftar, the Marin coUhty AUditor .ha1l ad1u8t the
allooaHon ot property tax nvehUe dehrlll!had pursuant to
Revenue and TaxaHon Coda Saction 96.1. Dr the annual tax
inorement deterlllirted ~ur.U.ht to seotion 96." ~o that there
i. inclu~ed ili the allodationa to 'own and city a peroentage
of the total .d valorelll property tax levied on and oolleoted
,
4
10-10~1995 09:47
415 507 1408
MSB
P.07
from property within Town and city which 18 equal to the
percentage of such tax allocated to the county Fre. Library
Syate. from are.s whioh are liable to taxation for the County
Free Library Systelll Town lnd city shall transter to the
8elvedere-Tiburon Library AgenoY, to be u.ed exo1u.iv.ly for
library purpoees, the amoUnt of the allocations received by
thell as th~ result of such adju.tment.
2. county agr..s that the epeola1 parcel tax aUthori.ed by
Heasure L to be levied withid Special Takihg Zone No. 2 .hall
oontinue to be levied by County within Towtl and city only
during suoh period of ti.e a' the &'lvedere-Tiburon Library
Agency h.s not received froll ita voters authorization to levy
and oollect the Mello-Roos community facilities Distriot
.pecial parcel tax hereinabove reterred to. county agre.s
I
that during suoh time es it oontinue. to levy the MeaeUre L
,
apeoial parcel tax vithin Town ahd city, the proceeds ot .uch
.. f ~
levy ahall be paid to Town and ~ity and by'th.. iran.terred to
and U.ed by Agency solely fer librart ..rviee.. Although the
partiee hereto believe that .uch tranafer i. legally
authorind, Town and city a91:'ee to indemnity County I ita
offioers, agente and employee. and hold them harml.s. from any
olaim., actions, suit.. f.e., eoate and expens.. whioh may be
incurnd .. the r..Ult of .n1 challenge to the legality
thereof. County agree. to cooperate in the deiens. at any
such aotion or suit which may be brought te chailenie the
validity of euoh traneter.
,
!l
10-10-1995 09:48
415 507 1408
r15B
P.08
3. Acting pUr,uant to California con8titution Article 13 8. Sec.
. 3, the partie. agree that efreative July 1j 1996, the
appropriations limit for Town and city ahall be increa.ed in
acoordanoe with the adju.ted allocation Of ~roperty tax
revenue llIada in aooordllnee wl th ~ahc1raSlh i hereof I The
Slarile. lutthar agre. that for the 1996-91 and 1997-98 fi.cal
yeare the, appropriation. lil1lH of 'rown al'ld city .hail ba
1ncreased in the lIlllOunt of the prooelld. of the Measure L
. ,
.pseial parael tax trsn.rerrad to th.. puraUant to paragraph
I
a h.r.of.
4. Th. parU.s herete agrea te negetilh ill clood tdth to resolve
all other issu.s that lIIay ari.. in connection with tho
tranliUon frolll the Coul'lty t.J.bhry System to Ii municipal
library. il'lclUdil1q without iimitaUoth ie.Ue. relaUn9 to
l.a.e Obligations, oooperative .ervices. int.r-library loan.,
contraets'rer Slroce.eing and purchasing. per.onnel is.uea and
, .
issue. relating to transfer of library ooileotion. computer.
and oomputing .yatam. and othar aqUipment.
IN WITNESS WHEREOF THE PARTIES HAVE EXECUTED THIS AGREEMENT ON THE
DATE SE'l' FORTH IN THE FIRST PARAGRAPH HEREOF.
COUNTY OF MARIN
By
- ATTESTs
County Clerk
6
10~10~1995 09:48
415 507 1408
TOWH.OF TIBUROH
By
ATTEST I
Town ClIrk
CITY OF BgLVBDERE
. ,
By
ATTEST I
C1ty Clerk
BELVEDERE-TIBURON LIBRARY AGENCY
By
ATTEST I
Secretary
MSB
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7
P.09
10 1;~ ~):j 09'14
~415 507 ;1104
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OATE:(D/l'l?s8
PAreS 1"a.UDING II I
THIS PACC 2.. ~
.1-* ~ No. ':J-
October 12, 1995
ORIGINAL
Board of Supervisors
County of Marin
Civic Center
San Rafael. CA
Re: Withdrawal of Belvedere and Tiburon from the Marin County Free
Library and Approval of Agreement and lmpler:lenting Resolution
regarding Transition Issues
Dear Board Members:
As you are aware, the City of Belvedere and Town of Tiburon have determined to
withdraw from the COLlnty Library System and operate a municipal library through the
auspices of the joint powers Belvedere Tiburon Library Agency. The official
resolutions of withdrawal, as required under the Government Code, are attached.
Also attached is an agreement between the County, City, Town, and the Library
Agency which specifies the negotiated exchange of property tax revenues, the status of
Special Library Measure "L" funds, and various other matters related to the withdrawal
frem the County Free Library District, effective July 1, 1996. The. agreement has
been reviewed by County Counsel, the Auditor-Controller, County Librarian, and
Administrator. Under this agreement, the County has agreed to transfer to Belvedere
and Tiburon exclusively for library Llsage that portion of ad valorem property tax
revenues previously collected from the jurisdictions for County Free Library purpose~.
Existing Measure 'L" funds would continue to be levied by the County and transferred
to the jurisdictions exclusively for library purposes only if the proposed !>.1ello-Roos
special tax is not levied. Other matters pertaining to the transition, including
allocation of materials and assets and contractual services, will be addressed io a
separate agreement.
Recommendation
It is recommended that YOllr Board receive the nJtifications of withdrawal from L'le
County Free Library District. and approve tte agreement and implementing resolution
regarding library transition iss~es.
tU.13 95 09.15
'a',115 ;;(J7 4104
Co[',n OF liAR],
Ii!J 002
Respectfully submitted,
Jeff Johnson
Principal Administrative Analyst
ce: Margaret Jones, Peninsula Library District Committee
Lee Jordan, Counsel
Allen Haim, Chief Deputy County Counsel
Richard Arrow, Auditor-Controller
Ann Appel, County Librarian
TOWN COUNCIL STAFF REPORT
From:
TOWN COUNCIL
FINANCE DIRECTOR
Meeting:
Item No:
OCTOBER 18, 1995
'J
To:
Subject:
ASSOCIATION OF BAY AREA GOVERNMENTS' POWER PURCHASING POOL -
ADOPT RESOLUTION AUTHORIZING TOWN PARTICIPATION
Backl!round:
As the first phase of a comprehensive power purchasing program, the Association of Bay Area Governments
(ABAG) has created a natural gas purchasing program for Bay Area local governments and special districts.
The program offers potential savings of three to six percent below the rates now charged by the Pacific Gas
and Electric Company (PG&E). Actual savings will be determined by a competitive bid process for the
purchase and transportation of natural gas to be conducted by ABAG this fall.
To participate in the bid process and be eligible to purchase natural gas at the reduced rates, the Council must
adopt the Resolution and authorize the Town Manager to sign the ABAG subscription Agreement (attached)
and sign the natural gas purchase contract and PG&E distribution agreement negotiated by ABAG on behalf
of the Town.
Discussion:
In May 1995, ABAG staff began exploring the possibility of generating savings on the electric and gas
purchases made by local governments. In July 1995, after a prelimimuy analysis, the ABAG Executive
Board authorized the formation of the ABA G Power Purchasing Pool and authorized the aggregation of
participants' energy usage in larger blocks to yield lower costs for participating members.
ABAG has an established track record of successful affiliate services that have yielded significant savings for
participants in workers' compensation, pooled risk management, and pooled financial services. The intcnt of
the ABAG Power Purchasing Pool is to build on this experience and offer a new program extcnding this same
history of service and cost savings to gas and electric purchases by local governments.
The first phase of the Power Purchasing Pool will be a pooled purchase of natural gas. In the late 1980's,
state and federal laws were modified to introduce competition into the natural gas market, so the legal and
regulatory framework for these purchases is much clearer than for electric purchases.
Competition has, however, reduced the cost of natural gas significantly since deregulation took effect.
ABAG estimates that savings from this purchase may be low (from three to six percent) due to falling priccs,
but that additional savings will be achievable in natural gas when interstate transportation charges are
unbundled from PG&E rates in 1998. In addition to the cost savings, interested local governments have
agreed that there is considerable organizational benefit to a natural gas purchase at this time, with the
principal benefit being the familiarization of local government stafT and officials with the conccpts and
practices of buying energy in a dcregulated energy market.
Approximately 60 local governments and special districts have indicatcd they intend to participatc in the first
bulk purchase of natural gas.
Under existing state PUC regulations and PG&E tariffs, it is permissible for natural gas customcrs with
accounts using lcss than 20,800 thcrms pcr month (Core Accounts) to aggregate those aceounts with othcrs,
to purchase gas from a supplicr othcr than PG&E. Such gas purchases are thcn dclivered to thc PG&E
I
transportation and distribution system for delivery to the end-user. It is also permissible for natural gas
customers with accounts using over 20,800 thcrms per month (Non-Core Accounts) to purchase gas,
individually or in aggrcgation with othcrs, from a supplier other than PG&E and have such gas transported to
PG&E for delivery to the end-user. Several larger cities and counties have already taken advantage of this
option on their own.
Under ABAG's natural gas purchasing program, the Town's natural gas requirements for all its Core
Accounts and any eligible Non-Core Accounts for a one year period would be aggregated with the natural gas
requirements of other jurisdictions and put out to competitive bid. A contract would be awarded to the lowest
responsible and responsive gas supplier. PG&E would transport, distribute, perform routine maintcnance
and cmergency response, and read meters as they currently do for the Town under a standardized agreement.
The proposed Resolution would authorize the Town's participation in the program and authorizes the Town
Manager: 1) to enter into a Subscription Agreement with ABAG (described below), 2) to execute the natural
gas purchase contract and the PG&E agreement or reject participation in the program upon receipt of
ABAG's rates in December 1995, and 3) to participate as the Town's representative on an ABAG committee
overseeing the operation of the program.
The ABAG Subscription Agreement articulates the terms of the Town's participation in the program. Under
the agreement, the Town appoints ABAG as its agent to: I) issue a request for proposals, evaluate bids, and
negotiate a contract for natural gas supply and 2) negotiate an agreement with PG&E for transportation
and/or distribution of natural gas. The Subscription Agreement will expire: I) when and if the Town rejects
the natural gas rates negotiated by ABAG or 2) at the expiration of the natural gas purchase contract and the
PG&E agreement. (approximately one year).
In addition to agreeing to pay for the natural gas service provided under both the contract and the agreemcnt,
the Town agrees to pay ABAG a fixed fee not to exceed six cents per decatherm of natural gas purchased by
the Town as compensation for costs incurred in administering the natural gas purchase. This fee is equivalcnt
to approximately one percent of the Town's current cost of gas per decatherm. The total amount of the fee
will be included with the rates provided by ABAG in December.
Fifty percent (50%) of this fixed fee will go to New Energy Ventures (NEV) is a Pasadena-based encrgy
consulting firm contracted by ABAG to assist them in the analysis of energy data, the preparation of the
request for proposals, review and selection of bids, and negotiation of agreements. NEV was selected by
ABAG as the most qualified of those firms interviewed by ABAG in May 1995. NEV will receive 50 perccnt
of the fixed fee collected by ABAG or approximately three cents per decatherm.
The Presidcnt ofNEV is Michael Peevey, formerly the President and Director of the Southern California
Edison Company and SCECorp. Other NEV principals include Michael C. Burke, formerly Director of
Utility Services, Dames & Moore, Regulatory and Environmental Coordinator of the California Public
Utilities Commission, and Assistant Executive Dircctor of the California Energy Commission; and Stan
Hulett, formerly President of the California Public Utilities Commission.
As discussed above, it is possible to terminate the Subscription Agreement upon rcceipt of the ABAG ratcs.
However, if the Town accepts the rates, it is committed by the tcrms of the agreement to participate in thc
program for one year. The consequcnces of terminating the natural gas purchase contract and the PG&E
distribution agreement prior to the expiration of their tcrms will be described in those agrecments.
Therc is no fiscal impact resulting from the adoption of the resolution or the signing of the Subscription
Agrccmcnt. Cost savings in the range of three to six pcrcent ovcr currcnt expenditurcs may be achieved if
reduccd rates arc prescntcd by ABAG and acceptcd by the Town.
2
Recommendations:
It is recommended that the Council adopt the attached resolution and authorize the Town Manager to: I) sign
the ABAG Subscription Agreement, 2) execute or reject the natural gas purchase agreement contract and the
PG&E distribution agreement negotiated through the ABAG competitive bid process and 3) participate on
the ABAG Power Purchasing Pool Steering Committee.
Exhibits:
I. Resolution
3
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON AUTHORIZING PARTICIPATION
BY THE TOWN OF TIBURON IN THE ASSOCIATION OF
BAY AREA GOVERNMENTS (ABAG) POWER PURCHASING POOL
WHEREAS, the Town of Tiburon is currently purchasing natural gas and related transportation and
distribution services from [Pacific Gas & Electric (PG&E); and
WHEREAS, energy rates in the Bay Area are among the highest in the nation, particularly for natural
gas [and electricity]; and
WHEREAS, deregulation of the natural gas industry in 1986 and deregulation of the electric services
industry currently under consideration by the California Public Utilities Commission and the State legislature
is creating new opportunities for local governments to lower their energy costs through collective action; and
WHEREAS, there are no existing powcr purchasing pools for Bay Area local governments interested
in lower energy costs; and
WHEREAS, bulk purchasing of natural gas has proven itself to be a legal and cost-effective means
to achieve reduction in energy costs through the use of a competitive bid program; and
WHEREAS, it would greatly benefit the Town of Tiburon to be prepared to take advantages of any
coming changing in the regulation of the electric market; and
WHEREAS, the Town of Tiburon is a member/associate member of the Association of Bay Area
Governments (ABAG); and
WHEREAS, ABAG, in conjunction with New Energy Ventures, Inc. (NEV), proposes to form a
Power Purchasing Pool Program to aggregate natural gas needs of interested ABAG members and associate
members, to collectively negotiate a purchase of natural gas and transportation services through a competitive
request for proposals, and to negotiate an agreement with PG&E for distribution of natural gas.
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Tiburon hereby
authorizes the participation of the Town of Tiburon in the ABAG Power Purchasing Pool to undertake a bulk
purchasing program for natural gas and electricity on behalf of the Town of Tiburon and other ABAG
members or cooperating members.
BE IT FURTHER RESOLVED, that the Town of Tiburon Manager, or his/her designee, is
authorized to enter into a subscription agreement with ABAG, in substantially the form set forth in [the
attached Exhibit A or the copy on file with the Town of Tiburon Clerk] appointing ABAG as the agent for
the Town of Tiburon in negotiating a distribution agreement with PG&E, issuing a Request for Proposal for
the purchase and transportation of natural gas and negotiation of a contract with the responsive, responsible
proposer proposing the lowest costs.
EXHIBIT NO. I
FINALLY, BE IT ALSO RESOLVED, that the Town Manager is authorized to execute and deliver
the contracts negotiated by ABAG on behalf of the Town of Tiburon and is appointed the Town of
Tiburon's representative on ABAG's Power Purchasing Committee to oversee the operation of Power
Purchasing Pool program.
PASSED AND ADOPTED at a regular meeting of the Tiburon Town Council on October 18. 1995,
by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
ANDREW THOMPSON, MAYOR
ATTEST:
DIANE L. CRANE, TOWN CLERK
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