HomeMy WebLinkAboutAgr 2000-02-13 (Ned's Way Garden Homes)DEMOLITION AGREEMENT
This Demolition Agreement ("Agreement") is entered into on this t~hay of February,
2000, by and between Ned's Way Garden Homes, LLC, a California limited liability company
("Ned's") and the Tiburon Redevelopment Agency, a public body, corporate and politic (the
"Agency").
Recitals
Ned's and the Agency are parties to that certain Disposition and Development Agreement
for Ned's Way Senior Housing Development, dated June 17, 1998 ("DDA"). The parties now
desire to provide for Ned's demolition of all improvements on the Property (as defined in the
DDA) prior to the close of escrow for Ned's acquisition of the Property under the DDA.
Accordingly, the parties hereby agree as follows:
Agreement
1. The Agency hereby grants Ned's permission to enter the Property for the purpose
of demolishing all of the existing improvements thereon, subject to Section 6.2 of the DDA and
the terms and conditions set forth in this Agreement; provided however, that Ned's prior to
entering the Property or performing any demolition work thereon, shall obtain an encroachment
permit from the Agency/Town of Tiburon, in substantially the form attached hereto as Exhibit A
(the "Encroachment Permit"). Ned's shall perform all demolition on the Property in compliance
with the Encroachment Permit.
2. Prior to entering the Property to demolish the improvements, Ned's shall provide
to the Agency proof, reasonably acceptable to the Agency, that Ned's has fulfilled all of the
insurance requirements set forth in Section 8.4 of the DDA.
3. Ned's shall indemnify, defend and hold harmless the Agency, the Town of
Tiburon, and its employees, officers, agents and representatives 'from and against all claims,
actions, causes of action, damages, expenses, costs, obligations, injuries, controversies and
liabilities that arise out of or relate to Ned's, or Ned's contractors', agents' consultants' and
representatives', entry onto the Property and their demolition -of the improvements thereon.
4. Ned's shall conduct and perform its demolition of the improvements on the
Property only during normal working hours, shall perform the demolition in a good and
workmanlike manner, and shall properly dispose of all of the materials and debris from the
demolition in accordance with California and local waste disposal law. Asbestos abatement will
be performed the week of February 14, 2000 by Asbestos Control Center Demolition.
Demolition and removal of all improvements will be done the week of February 21, 2000 by a
Complete Decon, Inc (CDI). All tree removal will be done the week of February 28, 2000 or
earlier by CDI.
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5. Nothing in this Agreement, nor Ned's demolition of the improvements prior to the
close of escrow, shall obligate the Agency to waive any of the conditions of closing in the
Agency's favor set forth in Article 3 of the DDA. Ned's understands and agrees that it performs
the demolition with the risk that one or more of the conditions may not be fulfilled and that the
Agency's obligation to convey the Property to Ned's remains contingent upon fulfillment of all
of the conditions set forth in Article 3.
6. Except as set forth in this Agreement, Ned's demolition of the improvements on
the Property shall be governed by the DDA. All capitalized terms set forth in this Agreement,
unless defined herein, shall have the same meaning as set forth in the DDA.
Executed on the date first written above.
NED' S WAY GARDEN HOMES, LLC
a California limited liability company
By: TAYLOR WOODROW HOMES, INC.
a California corporation
Managing Member
By:
Its: .s- ^7 s9 S i
By: NW DEVELOPMENT PARTNERS, LLC
a California limited liability company
Managing Member
By:
Its:
TIBURON REDEVELOPMENT AGENCY
a public body, corporate and politic
By:
Its:
APPRIQ EIR AS TO FORM-
ANN
DANFORTH
TOWN ATTORNEY
TOWN OF TIBURON
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