HomeMy WebLinkAboutAgr 2012-12-05 (Belvedere-Tiburon Library Agency)I
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Town of Tiburon
Town Clerk:.
1505 Tiburon Blvd.
Tiburon, California 94920
APN: 058-171-62 (portion)
aOla-007aG~Dl
Recorded
Official Records
County of
Marin
RICHARD N. BEK271N
Assessor-Recorder
County Clerk
02:13PM 14-Dec-2012
REC FEE .00
a
Pale I of 7
SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
(Exempt from recording fees pursuant to Government Code Sections 6103 and 27383)
AMENDMENT TO AGREEMENT TO CONVEY REAL PROPERTY
THIS AMENDMENT TO AN AGREEMENT TO CONVEY REAL PROPERTY
("Amendment") is entered into this _day of z e„, L,r2012, by and between the TOWN OF
TIBURON, a municipal corporation ("Town") and the BELVEDERE-TIBURON LIBRARY
AGENCY, a joint powers authority ("BTLA").
RECITALS:
A. Town is the owner of certain real property situated in the Town of Tiburon located
generally at 1503 Tiburon Boulevard, more particularly described in Exhibit A, attached
hereto and incorporated herein by reference ("Property").
B. BTLA owns and operates a public library ("Library") at 1501 Tiburon Boulevard,
adjacent to the Property. The Library is very popular and demand for its use exceeds its
current size and capacity.
C. BTLA wishes to expand the Library and has designed a physical expansion ("Project"),
which has been approved by the Town. BTLA's supporting foundation has also begun
fundraising for Project construction. BTLA requested that the Town contribute the
Property for the Project.
D. On July 5, 2007, the Town and BTLA entered into an Agreement to Convey Real
Property ("Agreement") that provided for the Town to convey the Property to BTLA
after the latter had raised sufficient funds to construct the Project. The Agreement was
recorded on July 20, 1997 as Serial Number 2007-0044703 of Malin County Official
Records. The Agreement further provided that if BTLA had not raised the funds needed
for the Project within six years, the Agreement would terminate and be of no further
force and effect. The six-year period will expire on July 5, 2013.
E. The parties have agreed to amend the Agreement to extend its term and to add the
additional modifications set forth herein.
Page 1 of 3
AGREEMENT
NOW THEREFORE BASED UPON THE FOREGOING RECITALS AND THE
COVENANTS AND CONDITIONS SET FORTH BELOW, THE PARTIES HEREBY AGREE
AS FOLLOWS:
A. Section 1 of the Agreement is hereby replaced with the following new Section 1:
1. Agreement to Convey the Property: On the terms set forth below, Town will
convey title to the Property to BTLA for the sole purpose of public library use as set forth herein.
For purposes of this Agreement, "public library use" shall include accessory parking,
landscaping, lighting improvements, and any other improvements or uses shown on Project plans
approved by the Town.
A. When BTLA has satisfactory evidence of sufficient funds for completion of
the Project in the form of cash, or a cash equivalent such as marketable bonds,
or publically trade stock, or a guaranteed financial commitment from an
institution, or a combination thereof, it will so notify the Town in writing.
B. Within sixty (60) days of receiving said notice, Town shall convey title to the
Property to BTLA. The deed of conveyance shall contain the conditions and
restrictions set forth in this Agreement.
C. The term of this Amendment shall be five (5) years from the approval of the
Project site plans and architectural review, which occurred on August 1, 2012,
thereby making the expiration date of this Amendment August 1, 2017.
D. Development of the Property is subject to all normally applicable Town laws
and regulations, except as may be waived or modified by ordinance of the
Town Council. Town retains its discretion to process and approve,
conditionally approve or deny all land use applications as provided by law.
E. BTLA may elect not to proceed with the transaction and project contemplated
by this Agreement by providing Town with written notice of termination of
this Agreement and executing in writing a recordable release of its interest in
the Property. In the event that the BTLA elects to terminate after conveyance
of the property from the Town, but before completing construction of the'
Project, BTLA shall restore the Property, if the Town so requests, to a
condition equal to or better than its condition prior to its conveyance to the
Town.
B. Section 3 of the Agreement is hereby replaced with the following new Section 3:
3 Indemnity; No Recourse Against Member A14encies.
A. BTLA will indemnify, defend and hold harmless the Town and its
agents, officers and employees against and from any and all
liabilities, demands, claims, actions or proceedings and costs and
expenses incidental thereto (including costs of defense, settlement
and reasonable attorneys' fees), which any or all of them may suffer,
incur, be responsible for or pay out as a result of or in connection
Page 2 of 3
with any challenge to the legality, validity or adequacy of any of the
following: (i) this Agreement; (ii) the transfer of the Property
pursuant to this Agreement; and (iii) the use of the Property.
B. Any contract between BTLA and a third party for the design,
construction or operation of the Project shall contain the following
exculpatory clause:
The BTLA was organized as a Joint Powers Authority by a 1995 Joint
Powers Agreement in accordance with California Government Code
Section 6500 et seq. for the purpose of creating and operating the
Belvedere-Tiburon Library, with all necessary powers and authority
conferred upon it as are provided to municipal libraries under Education
Code Section 18900 et seq., and all other powers necessary to operate and
maintain a library as set forth in the Joint Powers Agreement. The BTLA
is a public entity separate from its constituent members, the parties to the
1995 Joint Powers Agreement, and shall be solely responsible for all
debts, obligations and liabilities accruing and arising out of this
Agreement. Unsert name of third party
shall have no rights and shall not make any claims, demands, take any
actions or assert any remedies against any of the BTLA's constituent
members in connection with this Agreement.
C. Except as expressly modified by this Amendment, the Agreement between the Town and
BTLA shall remain in full force and effect.
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: BTLA:
,l r' r
r
By: B
Margaret A. urran Its:. `
Town Manager
APPROVED AS TO FORM: APPROVED AS TO FORM:
.ell
Ann R. Danforth, By: R; Q
Town Attorney BTLA Cou sel
Page 3 of 3
EXHIBIT A
LEGAL DESCRIPTION - LIBRARY PARCEL
ALL THAT REAL PROPERTY situated in the Town of Tiburon, County of Marin,
State of California being the westerly 16,000 square feet of that certain 4.57-acre
parcel of land, owned by the Town of Tiburon, commonly referred to as Zelinsky
Park, and being identified as Parcel 10 of that certain Record Map of "Point
Tiburon", filed for record February 16, 1984, in Volume 19 of Maps, at Page 4,
having the Serial Number 84-8031, in the Records of said County, said westerly
16,000 square foot portion being more particularly described as follows:
Commencing at the most westerly corner of said Parcel 10, said point being on
the westerly right-of-way line of the 70-foot wide Mar West Street, as said street
and corner are shown on said Map of Point Tiburon, thence along the southerly
line of said Parcel 10, South 65° 47'32" East, 75.76 feet to the Point of Beginning
of, and most westerly corner of said 16,000 square-foot Library Parcel; thence
continuing along said southerly line, South 65° 4732" East, 164.95 feet; thence
departing said southerly line at a right angle, North 24° 12'28" East, 115.00 feet;
thence, North 62° 37'13" West, 72.72 feet to an angle point in the northerly line
of said Parcel 10, as said angle point is shown on said Map; thence, along said
northerly line, North 70° 03'13" West, 32.43 feet to a point on the easterly right-
of-way line of said Mar West Street, said point being a point of non-tangent
intersection with a curve and having a Radial Bearing of South 34° 40'13" West;
thence in a southwesterly direction, 131.24 feet along the Arc of said circular
curve to the left, having a Radius of 965.00 feet, a Central Angle of 7° 4733" and
a Long Chord which bears, South 51 ° 26'00" West, 131.14 feet to the Point of
Beginning, and containing 0.37 acres, or 16,000 Square Feet, more or less.
Quiet River Land Services, Inc.
Legal Description - Exhibit A - Town of Tiburon Library Parcel
End of Description
Kevin M. McGuire CA PLS #6437 Date
LAND
<
KEVIN M. WGUIRE ~
v
Q
~
Q (Exp. tJo. 6437 Q~
OF CA~~F~
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
42-
On before me cv_.4~V~E G ! -r✓- `J t~
Date
personally appeared
Here Insert Name
a Nab
DIANE CRANE IACOPI
Commission # 1810513
Notary Public - California
Marin County
M Comm. Expirn Mu 15.2013
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand ~p7f7i' 11aY
Signature "
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached
Title or Type of Document:
Document Date:
ment
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
_ Number of Rages: X, J 7 . 1v
t ` ,
Signer's Name: ; ~'-f Signers Name:
❑ Individual ❑ Individual
EJ-15`o-rporate Officer -Title(s): ❑ Corporate Officer -Title(s):
❑ Partner - ❑ Limited ❑ General ❑ Partner - ❑ Limited ❑ General -Helm _
❑ Attorney in Fact • it El Attorney in Fact •
El Trustee Top of thumb here El Trustee Top of thumb here
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Repres nting: Signer Is Representing:
a. J '72 Ad/4,44
02007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
State of California
County of f+Y::~ i
On / > before me, l ..1 H/V v /V VOT7`hey,j61j
ate Here Insert Name and Title of the Officer
personally appeared 0/V1\(
Name(s) of Signer(s)
L,1991802
Malin Cowrt2
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
Place Notary Seal Above / Signature of Notary Public
OPTIONAL ~
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form pother document.
Description of Attached Document
Title or Type of Document: er'd0 C~'O~'1~VC XADocument Date: P~ N C, i T- Number of Pa es: ? -T A
Signer(s) Other Than Named Above: ~I 6A4k-)&T' A (e,"/'/~/ill r~,rvAl,~ ~2
Capacity(ies) Claimed by Signer(s)Signn is Name:1Y Corporate Officer - Title(s): El Individual
F1 Partner - ❑ Limited Cl General Top of thumb here
❑ Attorney in Fact
❑ Trustee
01 Guardian or Conservator
❑ Other:
Signer Is Representing:
K. J010111140111
Colmmis:ial 0
Notsry Public - California
Comm. E s Se 21 2016
Signer's Name:
1 Corporate Officer - Title(s):
❑ Individual -MISAT-TOVITIRPR =1
OF SIGNER
❑ Partner - ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
Guardian or Conservator
Other:
Signer Is Representing
G 2010 National Notary Association • National Notary. org • 1-800-US NOTARY (1-800-876-6827) Item #5907