HomeMy WebLinkAboutAgr 1998-08-25 (Flood Control Dist #4)C
COUNTY OF MARIN
ADMINISTRATION
4151499-6570
ACCOUNTING
415/499-6538
AIRPORT
451-A AIRPORT ROAD
NovATo. CA 94945
415/897-1754
FAX 415/897-1264
BUILDING MAINTENANCE
415/499-6576
FAX 415/199-3250
CAPITAL PROJECTS
415/499-77877
FAX 415/199-3,724
ENGINEERIN(; s SURVEY
4151499-7877
FAX 11i499 734
COUNTY •GARAGE
415/499-73,80
FAX 415/499.17:8
LAND DEVELOPMENT &
FLOOD CONTROL DISTRICT
;1i499-b519
PRINTING
11/199-oil i
FAX 1511')9-(~ti i 7
COUNTY PCRCHAsLsf, AGENT
;15/19a-t~: 71
COMMUNICATIO.-N MAINTENANCE
11 Si199. ? 1:
FAX 1 t
REAL ESTATE
115i199.0~-S
FAX 1151199 "21
ROAD MAINTENANCE
FAX 4151199. 65h
TRAFFIC ENGINFERING
115i199-05:5
.
WASTE MANAGEMENT
415i499-0617
FAX 415/199-3734
DEPARTMENT OF PUBLIC
P. 0. Box 4186, San Rafael, CA 94913-4186.415/499-6528 • FAX 415/499-3799
August 25, 1998
Mehdi Mad jd-Sadiadi, P. E.
Director
Board of Supervisors
{ County of Marin
i
i
Dear Board Members:
I
SUBJECT: Agreement between Marin County Flood Control Zone n4 and the
Town of Tiburon for street stormwater and drainage improvements.
RECOMMENDATION: Approve agreement with the Town of Tiburon and
authorize the expenditure of up to S 1 million for streets' stormwater and
drainage improvements.
S Y: The Town of Tiburon is undertaking a street improvement
project in the Bel Air area of the Town. The Flood Control Zone 44 Advisory
Board has voted unanimously to contribute up to $1 million toward the
replacement of all stormwater and drainage structures in this area.
FINANCIAL IMPACT: Up to $1 million committed by Flood Zone ~4 to
the Town of Tiburon.
REVIEWED BY: [ ] Auditor Controller [X] N/A
[ ) County Counsel [x] N/A
[ ] Human Resources [X] N/A
Very truly yours,
s~~' f3
Siavash Barmand
Senior Civil Engineer
Attachment
SB:mr e:~sia1baa2098.doc
TDVVN OF TIBURON
On W
MIARII'r Co U,, Ty
BOARD OF SUrER ia.
WATER C0NSFRVAT10N I)1-i I NI( : I
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G ,rylt~Y
AGREEMENT BETWEEN THE MARIN COUNTY FLOOD
CONTROL AND WATER CONSERVATION DISTRICT
AND THE TOWN OF TIBURON
THIS AGREEMENT, made and entered into this,; -,5 day of 1998, by and between
the MARIN COUNTY FLOOD CONTROL AND WATER CONSERV)60N DISTRICT, hereinafter
referred to as "DISTRICT", and the TOWN OF TIBURON hereinafter referred to as "TOWN."
WITNESSETH
WHEREAS, the TOWN intends to undertake a street repaving project in the Bel Aire
neighborhood which is totally within the boundaries of Flood Control Zone Four, and
WHEREAS, to obtain the best possible project it is advisable to replace the curb, gutter and
sidewalk and upgrade the drainage structures at the same time as the repaving, and
WHEREAS, the residents of Zone Four will directly benefit from the improved roadways and
drainage facilities, and
WHEREAS, the TOWN will undertake the project and retain maintenance responsibility for the
completed project, NOW, THEREFORE, in consideration of the mutual promises as hereinafter contained, the
parties hereto agree as follows:
1. The DISTRICT will grant to the TOWN an amount not to exceed One Million Dollars
($1,000,000), as a one time contribution for the replacement of curb, gutter and sidewalk and the
upgrading of drainage structures in the Bel Aire neighborhood as described in Exhibit A attached hereto
and by this reference incorporated herein.
2. Payments shall be made upon submission of invoices from the TOWN.
3. The parties hereto agree that the TOWN is an independent entity and neither it nor any of its
employees, engineers or contractors as contemplated hereunder shall be deemed for purposes of this
agreement, or for any purpose, as employees of the DISTRICT.
4. Upon completion, all future maintenance, repairs, cleaning or other work required to the
improvements, and the costs thereof, will be the responsibility of the TOWN. TOWN expressly agrees
that the DISTRICT shall have no ownership interest, right of control, or maintenance responsibility for
the improvements.
5. The TOWN agrees to indemnify, defend and hold harmless the DISTRICT, its agents, officers,
and employees, from all claims, alleged liability, damages, suits, losses, costs or expenses in law and
equity (including costs of suit and expenses for legal services) arising out of bodily injury to or death of
any person or damage to any property allegedly resulting from the operations of TOWN or any of its
employees or contractors under this agreement or in any way arising from the improvements
constructed pursuant to this agreement, with the exception of claims, etc. arising from the sole
negligence of the District.
IN WITNESS WHEREOF, the parties have set their hands the day and year first written above.
TOWN OF TIBURON
Town Manager
Roomr 4. KiX11vERT
MARIN COUNTY FLOOD CONTROL &
WATER CONSERVATION DISTRICT
, /,V?
2-c- Z&2~
Chair an of the Board of Supervisors
AP ROB AS TO FORM
ANN DANFORTH
TOWN ATTORNEY
TOWN OF TIBURON
ATTEST:
Clerk
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