HomeMy WebLinkAboutAgr 1995-01-17 (Marin County Open Space District)I D 11\ /
AGREEMENT BETWEEN THE TOWN OF TIBURON AND THE MA JA% 4"
COUNTY OPEN SPACE DISTRICT REGARDING THE PURCHASE AND
MAINTENANCE OF THE HARROMAN PROPERTY TOWN MANAGERS 0
This Agreement dated ^~u,~,~zy / Z , 1995 is by and between the TOWN OF TIBUR(
Town of Tiburon, a municipal corporation (hereafter "Tiburon") and the Marin County
Open Space District, a special district (hereafter "District").
WHEREAS, Tiburon and District are parties to a Joint Powers and Community
Facilities Agreement dated January 20, 1993 (the "JPA"), which Agreement provided for
the creation of a community facilities district under the Mello-Roos Community Facilities
Act of 1982 for the purpose of funding the acquisition of specified properties in Tiburon
for preservation of open space; and
WHEREAS, pursuant to Section 3 of the JPA, the District agreed to contribute up
to $300,000 towards the purchase of the listed properties, to coordinate a challenge grant
with the Marin Community Foundation, to take fee title to all or a portion of the properties
acquired, and to maintain and manage the properties to which it has taken title; and
WHEREAS, Tiburon and District have entered into an agreement with the owners
of the Harroman property (hereafter "Property") to acquire that Property which was one of
the listed properties in the JPA.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:
SECTION I: DISTRICT
1. Tiburon and District agree to purchase the 101 acre Property (APN 58-100-
20, 21) from the Harroman Company, Inc. pursuant to the terms of the Purchase
Agreement with the Harroman Company Inc. That agreement is attached as Exhibit 1 and
incorporated by reference herein.
2. District agrees to immediately begin proceedings under the Mello-Roos
Community Facilities Act of 1982 to sell bonds in the amount of $2,550,000 towards the
purchase of Parcel 2 of the Property, as defined in the Purchase Agreement.
3. Pursuant to Section 3(d) of the JPA, District agrees to contribute $300,000
towards the purchase of Parcel 1 of the Property, as defined in the Purchase Agreement.
4. Pursuant to Section 3(e) of the JPA, District agrees to request from the
Beryl Buck Open Space Fund of the Marin Community Foundation a $300,000 challenge
grant and, if said grant is acquired, to apply $150,000 from said grant toward the purchase
of Parcel 2 of the Property, as defined in the Purchase Agreement.
5. Pursuant to section 3(c) of the JPA, District agrees to take fee title to Parcel
2 of the Property and to assume responsibility for the maintenance and management of the
Property consistent with District's approved Land Management Policies and Code, as either
or both may be amended from time to time. District further agrees to take fee title to and
assume responsibility for the maintenance and management of Parcel 1 of the Property, or
any portion thereof contiguous to Parcel 2, at such time as Tiburon can convey title to all or
any portion of Parcel 1 free and clear of the Deed of Trust described in the Purchase
Agreement, Letters of Credit, or other instruments which may burden the property and
cause its removal from District ownership.
SECTION II: TIBURON
1. In order to guarantee the District ownership of land whose appraised value
equals or exceeds the District's contribution of $300,000 pursuant to Section I(3) of this
Agreement, Tiburon agrees to convey to the District fee title to a portion of Parcel l with an
appraised value of not less than $300,000 prior to March 1, 1997. If Tiburon cannot make
such conveyance, Tiburon shall instead convey to the District fee title to the following
parcels of existing open space land currently owned by Tiburon: APN 34-012-48, 34-012-
49, 34-012-50, 38-182-17, and 38-182-46. Such conveyance shall occur with the
provision that geologic and hydrologic conditions on said parcels do not pose hazards to
adjoining privately owned parcels and that such determination be made by a qualified
geotechnical engineer who shall submit a written report to Tiburon for review by the
District prior to conveyance of the parcels. The parties agree that these parcels have an
aggregate value of not less than $300,000 and shall remain as permanent open space
consistent with the terms of any purchase or dedication by which Tiburon acquired title.
2. Tiburon agrees that all lands conveyed to the District pursuant to this
Agreement shall be managed consistent with District's approved Land Management Policies
and Code, as either or both may be amended from time to time.
SECTION 3: INDEMNITY
1. No party to this Agreement, nor any officer, agent, or employee thereof,
shall be responsible for any damage or liability occurring by reason of anything done or
omitted to be done by any other party to this agreement under or in connection with any
work, authority, or jurisdiction delegated to that other party under this Agreement.
2. It is also understood and agreed that, pursuant to Government Code Section
895.4, each party to this Agreement shall indemnify and hold the other party to this
Agreement harmless from any liability imposed for injury (as defined by Government Code
Section 810.8) occurring by reason of anything done or omitted to be done by that first
party under or in connection with any work, authority, or jurisdiction to that first party
under this agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date listed
above.
TOWN OF TIBURON
Mayor
MARIN COUNTY OPEN SPACE DISTRICT
(Is;idelnt, Board of Directors
Attest:
Secretary