HomeMy WebLinkAboutAgr 2017-09-25 (Pedestrian Easement Point Tiburon Bayside) AMENDMENT TO AGREEMENT
FOR PUBLIC PEDESTRIAN EASEMENT
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THIS AMENDMENT TO AN AGREEMENT ("Amendment") is entered into this
�5 4day of S e.wti 6&v- 2017, by and between the TOWN OF TIBURON, a
municipal corporatio ("Town") and the POINT TIBURON BAYSIDE HOMEOWNERS
ASSOCIATION, a California Corporation("HOA").
RECITALS:
A. On January 20, 2016, the Town and HOA entered into an Agreement entitled "Public
Pedestrian Easement Agreement Between the Town of Tiburon and the Point Tiburon
Bayside Homeowners Association Regarding the Use and Maintenance of the Mar West
Stairway and a Connecting Pathway ("2016 Agreement")that provided for the HOA to
grant to the Town, for valuable consideration, a public pedestrian easement across HOA
common area following the reconstruction of the stairway to current building codes.
B. The parties have now agreed to amend the 2016 Agreement as set forth herein.
AGREEMENT
NOW THEREFORE, BASED UPON THE FOREGOING RECITALS, THE
PARTIES HEREBY AGREE AS FOLLOWS:
A. Section 3 (Escrow) of the 2016 Agreement is hereby replaced with the following new
Section 3:
3. Preliminary Title Report and Review for Approval or Disapproval.
3.1 No later than five (5) days following the Building Official's acceptance of the
Reconstruction Project as complete,the Town shall order a preliminary title report
for the HOA property by a title company of the Town's choice (the "Title
Report"). The Town shall have up to twenty (20) days to review the Title Report
after its receipt (the "Contingency Period"), and will have the right to approve any
and all matters of and exceptions to title of the Easement as disclosed by the Title
Report and during this time shall work in good faith with the HOA to resolve any
title issues.
3.2 No later than the end of the Contingency Period, the Town must give the HOA
written notice ("Town's Title Notice") of Town's approval or disapproval of the
Title Report. The failure of the Town to give Town's Title Notice to the HOA
within the Contingency Period shall be deemed the Town's disapproval of the
Title Report. In the event that the Town's Title Notice disapproves, or is deemed
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to have disapproved, of any matter of title shown in the Title Report, the parties
will have no further obligations or rights to one another under this Agreement.
B. Section 4 (Conditions to Close of Escrow) is hereby replaced with the following new
Section 4:
4. Conditions to Transfer and Transfer Process.
4.1 Within ten (10) days of receipt of Town's Title Notice, the HOA shall provide to
the Town the following documents:
(a) Grant Deed. The grant deed, duly executed and acknowledged in
recordable form by the HOA, conveying the Easement to the Town.
(b) FIRPTA Certificate. A certification, acceptable to the Town Attorney,
duly executed by the HOA under penalty of perjury, setting forth the
HOA's address and federal tax identification number in accordance with
and/or for the purpose of the provisions of Sections 7701 and 1445, as
may be amended, of the Internal Revenue Code of 1986, as amended, and
any regulations promulgated thereunder.
(c) California Franchise Tax Withholding. A certification, acceptable to the
Town Attorney, that the HOA is exempt from the withholding provisions
of the California Revenue and Taxation Code, as may be amended from
time to time, and that the Town is not required to withhold any amount
from the purchase price pursuant to such provisions.
4.2 At the next practicable Town Council meeting following receipt of the documents
set forth in Section 4.1, the Town shall schedule the matter of the Easement
acceptance before the Town Council. If the Easement is accepted, the Town shall
on the next business day remit a check to the HOA for the purchase price set forth
herein.
4.3 Within five (5) business days of Easement acceptance, the Town shall record title
to the Easement with the office of the Marin County Recorder.
C. Except as expressly modified by this Amendment, the 2016 Agreement between the
Town and HOA shall remain in full force and effect.
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IN WITNESS WHEREOF,the parties hereto have caused this Amendment to be
executed as of the date indicated next to the authorized signatures of the principals,members or
officers of each of therm, as appear below.
TOWN: HOA:
By: wo A--
By: L�
Greg C Hanke
Its: Town ger Its: President Board of Directors
By: y'
George ill
Its: Secretary of the Board
APPROVED AS TO FORM: APPROVED AS TO FORM:
Benjamin Stock Scott Phillips
Town Attorney HOA Counsel
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed as of the date indicated next to the authorized signatures of the principals, members or
officers of each of them, as appear below.
TOWN: HOA:
By: By:
Greg Chanis Hank McWhinney
Its: Town Manager Its: President of the Board of Directors
By:
Mark Wolfendale
Its: Secretary of the Board
APPROVED AS TO FORM: APPROVED AS TO FORM:
�l
Benjamin Stock Scott Phil 'ps
Town Attorney HOA Cou sel
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