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HomeMy WebLinkAboutAgr 2000-05-17 (Greenwood Beach Neighbors - Abbott, et al)GRE : OOD BEACH DRAINAGE UPROVEMENT PROJECT TOWN. OF TIBURON TIBURON, CALIFORNIA AGREEMENT REGARDING THE GREENWOOD BEACH DRAINAGE IMPROVEMENT PROJECT ORIGINAL This Agreement is date 2000, and is between the TOWN OF TIBURON a municipal corporation, 1505 iburon Boulevard, Tiburon, CA 94920, ("Town"), and Bruce Abbott, Sidsel Moller, Pamela Snellgrove, Simon Snellgrove, Nancy Peterson, Greg Moore, and Susan Miglioli (collectively, "Homeowners"). Io Recitals. A. Homeowners are the owners of properties located on Greenwood Beach Road, as listed on Exhibit A. The Town is the owner of Greenwood Beach Road, those open space parcels known as Assessor's Parcels Nos. 055-041-11, 05 5-041-12, and 055-041-13 and a drainage easement running between said open space parcels and Greenwood Beach Road, which easement is further described in Recital B. B. Homeowners' properties are located generally between Greenwood Beach Road and the above-described open space parcels, on the downhill side of a natural watershed. The runoff from this watershed passes down the hill and into Richardson Bay. The Existing Drainage System includes a channel that is located in part on the Homeowners' properties and in part on Town-owned open space ("Existing Channel"). The Existing Drainage System also includes a pipe within a Town-owned easement that runs from Greenwood Beach Road through 444 Greenwood Beach Road to the Existing Channel ("Drainage Easement"). C. The Existing Drainage System is inadequate to satisfactorily convey water runoff into the Bay during periods of heavy rainfall, resulting in occasional flooding of the Homeowners' properties. D. The Homeowners have engaged CSW/Stuber-Stroeh, Engineering Group; Inc., a design engineer, to design a project that would improve the current drainage situation and have obtained all necessary state and federal permits (collectively, "Agency Permits") required for the construction of the Project. The Project would seal the existing Drainage Easement pipe, and reroute the water that now passes GREENWOOD BEACH DRAINAGE IMPROVEMENT PROJECT GREL 400D BEACH DRAINAGE IMPROVEMENT" PROJECT through that pipe to a pipe to be constructed on the easterly side of 458 Greenwood Beach Road ("New Drainage Easement"). The Project would relocate the other drainage facilities currently on the Homeowners' properties onto public land owned and controlled by the Town. E. The Project involves a considerable amount of construction on Town property. Accordingly, the Homeowners have asked the Town to arrange for the construction of the Project as a public works project. Further, the Homeowners have asked the Town to make a financial contribution to the cost of the project. The Homeowners have committed to provide $45,000 to the Town for the construction of the Project, plus $5000 to cover potential contingencies. F. Because the Existing Drainage System lies both on public and private property and includes a Town-held easement across private land, it poses unusual maintenance problems for the Town and could result in substantial repair costs in the future. The project would ameliorate these problems and allow the 'own to reconvey the Drainage Easement to the Homeowners holding title to 444 Greenwood Beach Road. Accordingly, the Town has agreed to contract for the construction of the Project as a public works project and to contribute up to $50,000 (fifty thousand dollars and no cents) to the Project subject to the terms and conditions set forth in this Agreement. The Homeowners understand that, in the event that the cost of constructing the Project exceeds the funds available for the Project, they may have to elect between contributing further funds or abandoning the Project. H. Agreement. 1. The Project shall be built according to the Plans by CSW/Stuber-Stroeh, Engineering Group, Inc. Sheet No. 1 of the Plans is dated June 10, 1998, and Sheet Nos. 2 and 3 are dated September 4, 1997 ("Plans"). Copies of the Plans are on file at the Tiburon Town Hall and are incorporated herein by reference. 2. Prior to commencement of construction, Homeowners Bruce Abbott and Sidsel Moller, owners of 458 Greenwood Beach Road, shall convey the New Drainage Easement to the Town. The exact location and description of the New Drainage Easement shall be as necessary to allow the Town to install and maintain the new pipe described in Recital D and the Plans. 3. Upon completion of the Project, the Town shall quitclaim all right, title and interest in (a) the Drainage Easement and the improvements located therein to the GREENWOOD BEACH DRAINAGE IMPROVEMENT PROJECT 2 GREL OOD BEACH DRAINAGE IMPROVEMENT PROJECT Homeowners owning fee title to 444 Greenwood Beach Road; and (b) the Existing Channel, to those Homeowners whose properties are traversed by said Channel. Thereafter, the Town shall have no further interest in or responsibility for the Existing Channel or the Drainage Easement and the improvements, such interest and responsibilities having been transferred to said Homeowners. The Town shall exclude from said conveyances any area covered by the New Drainage Easement. 4. The Project Budget is set forth in Exhibit C. The Total Project Cost is expected to equal $119,334, plus a Contingency Allowance of $10,000. The Total Project Cost includes $19,576 already expended by the Homeowners for design engineering services. Accordingly, the actual construction of the Project is estimated to cost $99,758 ("Estimate"). The Marin County Flood Control District ("District") has agreed to contribute $10,000 ("District Contribution"). The Town has agreed to contribute $50,000 ("Town Contribution"). All remaining Project costs shall be borne by the Homeowners. The respective responsibilities of the Homeowners for payment of Project Costs as set forth in the Project Budget is set forth in Exhibit C. 5. As soon as practicable after the execution of this Agreement, the Town shall select a contractor to construct the Project as required by state law and local ordinance. The Contract shall be bid as a fixed price contract. The Town shall advise the Homeowners of the date set for bid opening at least 10 days prior to said date. The Homeowners may review the Contract Documents during the period between the Town's advertising for bids and the bid opening and may be present at the bid opening to review the bid packages. As soon as practicable after bid opening, the Town shall advise the Homeowners' designated contact person of the amount of the lowest responsive and responsible bid ("Contract Price"). Such notice may be by telephone. 6. In the event that the Contract Price exceeds the Estimate by $10,000 or less because of the condition of the Town-owned Greenwood Beach right of way Town shall increase its Contribution to cover said overage. In the event that the Contract Price exceeds the estimate for any other reason (or in the event that the overage relates to the condition of the Greenwood Beach right of way and exceeds $10,000), Homeowners may elect to abandon the Project rather than pay the increased cost. Homeowners must exercise this election by giving Town written notice thereof within ten (10) calendar days of receiving notice from the Town of the actual Contract Price. If the Homeowners elect to abandon the Project, neither they nor the Town shall have any further obligation to proceed with the project. If GREENWOOD BEACH DRAINAGE IMPROVEMENT PROJECT GRE~ CCD BEACH DRAINAGE IMPROVEMENT PROJECT the Homeowners decide that they are willing to proceed with the Project, they shall deposit the Project funds as set forth in Paragraph 8 of this Agreement. 7. In the event that the Contract Price is less than the Estimate, the Town Contribution shall be reduced by an amount such that the Town Contribution is equal to 39% (thirty-nine percent) of the Contract Price ("Reduction"). However, the Town Contribution may be re-adjusted to a maximum of $50,000 as provided in Paragraph 10. 8. Within ten (10) calendar days of receiving notice of the Contract Price through their designated contact person, Homeowners must deposit their share of the anticipated Project costs with the Town, unless the Homeowners have exercised their option to abandon the Project as provided in Paragraph 6. Said Deposit must be in an amount such that the sum of the Deposit and the District and Town Contributions equals the amount of the Contract Price plus a contingency of $10,000. 9. After the Town has received the Deposit required by Paragraph 8, the Town shall award the contract to the lowest responsive and responsible bidder. As soon as practicable after award, the Town will issue to the successful contractor a Notice to Proceed with construction of the Project as a public works project, under the oversight of the Town that is normal and usual for such projects. 10. In the event that the Town has reduced the Town Contribution pursuant to Paragraph 7, but the actual cost of constructing the Project ("Actual Construction Cost") exceeds the Contract Price, the Town shall increase its Contribution by one-half of the overage. However, in no event shall this increase exceed the Reduction. The Town shall not be obliged to continue with the Project if the Actual Construction Cost exceeds the sum of the Town Contribution, the District Contribution and the funds to be contributed by the Homeowners. 1 1. In the event that the Actual Construction Cost is less than the Contract Price, the Town shall refund any remaining funds in the Deposit to the Homeowners in proportion to their respective contributions. Further, in the event that some or all of the Contingency Allowance remains after the completion of construction, the Town shall refund one-half of the remaining allowance to Homeowners, in proportion to their respective contributions. GREENWOOD BEACH DRAINAGE LklPROVEMENT PROJECT 4 ORE. JOOD BEACH DRAINAGE IMPROVEMENT PROJECT 12. In the event that, after commencement of construction, circumstances arise that result in the likelihood that the Actual Construction Cost will exceed the funds available pursuant to this Agreement, the Town will have sole discretion to determine whether the overage is the responsibility of the Contractor. If the Town determines that the overage is not the responsibility of the Contractor, the Town will so advise the Homeowners and give them 10 calendar days to elect whether to provide the necessary additional funds or abandon the Project. If the Homeowners do not make such election within 10 calendar days, or having elected to proceed with the project, do not provide the necessary additional funds within 15 calendar days of receiving said notice from the Town, the Project shall be abandoned. In the event of Project abandonment under this Paragraph, the Town shall pay the Contractor all sums due under the Contract with the Town ("Abandonment Cost"). The Town shall then calculate the amount of Deposit refund due the Homeowners, if any, by determining the proportion that the Deposit required under Paragraph 8 of this Agreement bears to the sum of the Contract Price and the $10,000 Contingency Allowance ("Homeowners' Percentage"). The Homeowners Percentage shall be applied to the Abandonment Cost and that amount shall be deducted from the Deposit. The funds remaining in the Deposit, if any, shall be returned to the Homeowners in the same proportions as their Contributions thereto. 13. This Agreement applies to, inures to the benefit of and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors and assigns. In the event that any Homeowner transfers any interest in their property, the rights and duties under this agreement shall pass to said transferee and subsequent transferees, if any, without modification. 14. This Agreement shall be governed by the laws of the State of California. In the event of litigation between the parties relating to this'Agreement, the proper venue therefor is the Marin County Superior Court. GREENWOOD BEACH DRAINAGE IMPROVEMENT PROJECT 5 GRE` VOOD BEACH DRAINAGE IMPROVEMENT PROJECT 1H. Exhibits. This Agreement includes the following Exhibits, which are attached hereto and incorporated herein by reference: Exhibit A The Homeowners and the Properties Exhibit B Project Budget Exhibit C Homeowner Responsibilities APPROVED AS TO FORM: B Y own Attorney TOWN OF TIDURON By own Manager HOMEOWNERS. Brace Abbott r\ Sidsel Moller Pamela Snellgrove Simon Snellgrove Nancy Peterson Greg Moore Susan Miglioli GREENWOOD BEACH DRAINAGE EVIPROVEMENT PROJECT 6 GRE JOOD BEACH DRAINAGE IMPROVEMENT PROJECT M. Exhibits. This Agreement includes the following Exhibits, which are attached hereto and incorporated herein by reference: Exhibit A The Homeowners and the Properties Exhibit B Project Budget Exhibit C Homeowner Responsibilities APPROVED AS TO FORM: B Y own Attorney TOWN OF TIBURON By Town Manager HOMEOWNERS. Bruce Abbott Sid-se-1- Moller A Pamel Snellgrove r mon V, Nancy Peterson Greg Moore Susan Miglioli GREENWOOD BEACH DRAINAGE IMPROVEMENT PROJECT 6 GRE. JOOD BEACH DRAINAGE IMPROVEMENT PROJECT M. . Exhibits. This Agreement includes the following Exhibits, which are attached hereto and incorporated herein by reference: Exhibit A Exhibit B Exhibit C APPROVED AS TO FORM: By AGO wn Attorney HOMEOWNERS. Bruce Abbott Sidsel Moller Pamela Snellgrove The Homeowners and the Properties Project Budget Homeowner Responsibilities TOWN OF TIBURON By own Manager Simon Snellgrove Nancy eterson ~ 116n-JL Greg oore Susan Miglioli GREENWOOD BEACH DRAINAGE IMPROVEMENT PROJECT 6 GREG. JOOD BEACH DRAINAGE IMPROVEMENT PROJECT Exhibits. This Agreement includes the following Exhibits, which are attached hereto and incorporated herein by reference: Exhibit A Exhibit B Exhibit C APPROVED AS TO FORM: By lj'~X (C_~ own Attorney HOMEOWNERS. Bruce Abbott Sidsel Moller Pamela Snellgrove The Homeowners and the Properties Project Budget Homeowner Responsibilities TOWN OF TIBURON By Town Manager Simon Snellgrove Nancy Peterson Greg Moore Susan Miglioli GREENWOOD BEACH DRAINAGE IMPROVEMENT PROJECT 6 GREENWOOD BEACH DRAINAGE IMPROVEMENT PROJECT EXIMIT A _ THE HOMEOWNERS AND PROPERTIES Homeowner Street Address of Property APN# Bruce Abbot 458 Greenwood Beach 055 031 25 Sidsel Moller Pamela Snellgrove 442 Greenwood Beach 055 031 12 Simon Snellgrove Nancy Peterson 444 Greenwood Beach 055 031 29 Greg Moore Susan Miglioli 448 Greenwood Beach 055-031-32 GREENWOOD BEACH DRAINAGE MROVEMENT PROJECT 7 i Greenwood Beach Drainage Budget COSTS Construction and Landscaping Storm Drain Channel Channel Landscaping Engineering and Contingency Engineering Contingency REVENUE Flood Control Zone 4 Property Owners Engineering Construction Contingency Town of Tiburon Project Contingency Total Revenues Original Estimate 1993 Today's Price 1999 26,300 28,456 37,100 50,293 - 21,009 63,400 99,758 9,510 19,576 9,510 10,000 19,020 29,576 $ 82,420 $ 129,334 $ 10,000 19,576 45,000 5,000 $ 69,576 45,000 5,000 $ 50,000 $ 129,576 8% 54% 39% 100% 11/2/99 Property owners are seeking additional estimates for the landscaping. GREENWOOD BEACH DRAINAGE IMPROVEMENT PROJECT EXHIBIT C HOMEOWNERS RESPONSIBILITIES Homeowner(s) Bruce Abbot Sidsel Moller Pamela Snellgrove Simon Snellgrove Nancy Peterson Greg Moore Susan Miglioli Subtotal: Contingency.- Moore/Peterson Snellgroves Total Contingency Engineering Costs (paid) Total Homeowner Contribution Flood Control Zone 4 Town Contribution: TOTAL: Approx. Payment of Deposit per Paragraph 8 (based on Estimate) $10,000 $13,000 $12,000 $101000 $45,000 $2000 $3000 $5000 $19,595 $69,595 $10,000 $50,000 $1291595 GREENWOOD BEACH DRAINAGE IMPROVEMENT PROJECT 9