HomeMy WebLinkAboutAgr 1995-2-21 (Marin Audubon Society)AGREEMENT BETWEEN THE TOWN OF TIBURON
AND THE MARIN AUDUBON SOCIETY FOR THE
PREPARATION AND FUNDING OF BLACKIEIS PASTURE MARSH PLANS
1-01
This Agreement dated ~Kcja, , 1995, is
by and between the Town of Tiburo , a municipal corporation
(hereafter "Tiburon") and the Marin Audubon Society, a non-profit
corporation (hereafter "Audubon").
WHEREAS, Tiburon has previously had plans prepared by Philip
Williams and Associates for creation of a salt water marsh at
Blackie's Pasture and would like to have an alternative plan
prepared by Williams and Associates; and
WHEREAS, Audubon has expressed interest in raising funds for
creation of this marsh if a suitable alternative is arrived at; and
WHEREAS, both Tiburon and Audubon agree that it would the most
efficient means of producing this alternative plan is for Audubon
to work directly with Williams and Associates with Tiburon
providing a fixed level of funding for preparation of the plans.
NOW, THEREFORE, in consideration of the mutual covenants
contained herein, the parties agree as follows:
1. Audubon shall work with Philip Williams and Associates to
prepare an alternative plan for a salt water marsh at Blackie's
Pasture. This alternative shall be consistent with the criteria
set forth in Exhibit A attached hereto.
2. Tiburon shall reimburse Audubon up to a maximum of
$3,500.00 for any amounts charged by Williams for preparation for
this alternative plan. Tiburon shall also reimburse Audubon for
any late payment charges due to Williams due to delays in payment
caused by Tiburon. This amount shall be released upon presentation
of invoices from Williams and completion of the plan.
3. Audubon shall retain ownership of the plans prepared by
Williams but shall provide full sized copies to Tiburon.
4. This agreement may be terminated by either party upon
giving thirty days written notice to the other party. In the event
the agreement is terminated prior to completion of the work,
Tiburon shall reimburse Audubon for its expenses to that date.
5. Each party agrees to indemnify, defend and hold harmless
the other party from and against any liability caused by that party
arising out of this contract.
6. Neither party shall assign or subcontract any of the
rights or obligations of this Agreement.
7. This writing constitutes the entire agreement between the
parties relating to the services to be performed. No modification
of this Agreement shall be effective unless and until such
modification is evidenced by writing signed by both parties.
IN WITNESS WHEREOF, the parties have executed this Agreement
on the date listed above.
TOWN OF TIBURON
Town Manager
MARIN
Pr iden /
Ill ci q¢^