HomeMy WebLinkAboutAgr 2012-10-08 (City of Belvedere)Town of Tiburon - 1505 Tiburon Boulevard - Tiburon, CA 94920 - P 415.435.7373 E 415.435.2438 - waryvc1.6buron.ca.us
Office of the Town Clerk / 1505 Tiburon Boulevard, Tiburon CA / 415.435.7373
February 14, 2013
Leslie Carpentiers, City Clerk
City of Belvedere
450 San Rafael Avenue
Belvedere, CA 94920
SUBJECT: LYFORD PARKING LOT AGREEMENT
Dear Leslie,
Enclosed is the long lost Agreement between the Town of Tiburon and the City of
Belvedere regarding Parking Lot on Tiburon Boulevard at Lyford Drive.
The agreement has been approved as to form, signed by Mayor O'Donnell and
attested. May we please have one signed copy back after you and your Mayor and city
attorney have signed it, as well.
This agreement was adopted by the Tiburon Town Council on September 19,
2012, and by your City Council on October 8, 2012.
We look forward to seeing you at the Grand Opening of the Lyford Multi-Modal
Parking Lot next Wednesday.
Thank you for your cooperation in this matter.
Very truly urs,
Diane Crane lacopi
Tiburon Town Clerk
Enclosures
Cc: To
Manager Curran
~VK~
ity Manager Neilan
Emmett O'Donnell
Mayor
Alice Fredericks
Vice Mayor
Richard Collins
Councilmember
Frank Doyle
Councitmember
Jim Fraser
Cou.ncilmember
Margaret A. Curran
Town Manager
Agreement
Between Town of Tiburon and City of Belvedere
Regarding Parking Lot on Tiburon Boulevard at
Lyford Drive
This Agreement ("Agreement") is entered into by the Town of Tiburon (the "Town")
and the City of Belvedere (the "City") on this 8- day of ~ G--n 2012.
Recitals
1. Residents and visitors to the Town and the City have used the gravel shoulder
area on Tiburon Boulevard southeast of the intersection with Lyford Drive ("Site") as an
informal parking lot for many years.
2. The Town has designed a project that would improve the Site's ingress from and
egress to busy Tiburon Boulevard ("Project"), reducing turning movements, and
eliminating the need to back into a parking spot from busy Tiburon Boulevard. The
Project would also enhance the aesthetic quality of the Site and create more efficient use
of space.
3. Tiburon Boulevard is the gateway and main artery for both the Town and the
City.
4. The City will realize significant benefit from the Project and is willing to
contribute as set forth herein if the Town constructs the Project.
NOW, THEREFORE, in consideration of the mutual covenants and conditions
contained herein, the City and the Town agree as herein set forth:
Agreement
1. CONTRIBUTION FROM THE CITY. If the Town constructs the Project, the
City shall contribute the following to Project construction.
A. Electrical Facilities: The City shall provide and install the facilities
reasonably necessary to bring electrical power to the Site. This contribution shall
include, without limitation, conduit and wire installation to a pre-determined point of
connection within the Site, necessary service box(es) and material, new PG&E service if
needed, and monthly service fees. The City shall not tenminate electrical service without
the Town's prior written consent.
B. Water Service: The City shall pay all reasonable costs associated with
providing water service to the Site for irrigation purposes, including monthly usage. This
obligation shall also include the cost for a new water meter and service at the Site,
necessary material, and an additional line stub-out to serve the southern portion of the
Site depicted on Exhibit A. The City shall not terminate water service without the
Town's prior written consent. The Town shall not use any of the water supplied through
the City meter for any use other than irrigation for landscaping within the Site. The
Town shall not change landscaping to a more water-intensive plan without the City's
prior written consent, which may be conditioned upon the Town's agreement to pay the
cost of additional water.
C. Planting: The City shall install landscaping and irrigation to the extent
that the City reasonably deems appropriate in the areas shown on Exhibit A, which is
attached hereto and incorporated herein by reference. The City's landscaping and
irrigation plan shall be subject to the Town's review and approval, which shall be limited
to maintenance issues and which shall not be unreasonably withheld. The City shall
maintain the landscaping and irrigation for a period of three months after Project
completion. Thereafter, the Town will maintain the landscaping and irrigation.
2. MISCELLANEOUS
A. The laws of the State of California shall govern the interpretation, validity,
and enforcement of this Agreement. Any suit, claim, or legal proceeding of any kind
related to this Agreement shall be filed and heard in a court of competent jurisdiction in
the County of Marin.
B. In the event any legal action is commenced to enforce this Agreement, the
prevailing party is entitled to reasonable attorneys' fees, costs, and expenses incurred.
C. This Agreement constitutes the entire Agreement and understanding
between the Parties and may not be modified orally or in any manner other than by an
agreement in writing signed by both Parties.
D. The individuals executing this Agreement represent and warrant that they
have the right, power, legal capacity, and authority to enter into and to execute this
Agreement on behalf of the respective legal entities of the Town and the City. This
Agreement shall inure to the benefit of and be binding upon the Parties hereto and their
respective successors and assigns.
TOWN OF TIBURON
Dated:
Emmett O'Donnell
Mayor
SIGNATURES CONTINUED ON NEXT PAGE
02- 4) - 13
P-'s s` ~Lo-r, 2 k h fyt; 2 ~3i' 3
SIGNATURES CONTINUED FROM PREVIOUS PAGE
CITY OF BELVEDERE
Sandra` Donnell
Mayor
Dated:
APPROVED AS TO FORM:
Ann R. Danforth, Esq.
Town AttoMey, Town of Tiburon
By
t
Robert t~ steinn, Esq.
City Attorney, City of Be dere
Dated:
Dated:
ATTEST:
DIANE CRANE IACOPI
TIBURON TOWN CLERK
ATTEST:
LESLIE CARPENTIERS
BELVEDERE CITY CLERK
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