HomeMy WebLinkAboutAgr 2009-04-01 (CKS/Town)AGREEMENT BETWEEN
CONGREGATION KOL SHOFAR AND THE TOWN OF
TIBURON REGARDING TRAFFIC MITIGATION FEES
REQUIRED BY A CONDITIONAL USE PERMIT FOR
PROPERTY LOCATED AT 215 BLACKFIELD DRIVE
(AP 38-351-34)
WHEREAS, on February 21, 2007, the Town Council adopted Town Council
Resolution 15-2007, which approved a Conditional Use Permit (Town File
#10404)("CUP") and provided in Section 3, Condition 11 of that Resolution that
Congregation Kol Shofar ( "applicant" or "CKS" ) shall pay applicable traffic mitigation
fees at the time of building permit issuance; and
WHEREAS, said Resolution provides additionally, in Section 3, Condition 4 C i
thereof, at Page 8, that among other things any tenant day school use at the applicant's
premises, together with any CKS-operated pre-school at the site, shall not exceed an
enrollment of one hundred fifty (150) children, an increase of 50 students from the
previous maximum; this increase in maximum enrollment triggers the Town's traffic
mitigation fee; and
. WHEREAS, CKS is uncertain at this time whether total enrollment at any day
school and preschool at the site will exceed 100 students and has asked that the Town
allow some accommodation that will allow CKS to decide at a later date to relinquish the
right to increase enrollment, at no cost;
WHEREAS, the Town Council decided on March 18, 2009, to authorize the
Town Manager to negotiate and execute an agreement that would allow CKS to recover
its traffic mitigation fees if it decides to relinquish the right to increase enrollment above
100 students before the Town issues a certificate of occupancy.
NOW, THERFORE, IT IS HEREBY AGREED BY AND BETWEEN THE
PARTIES HERETO AS FOLLOWS:
1. CKS will pay the traffic mitigation fees applicable at the time it obtains its
building permit from the Town ("Traffic Fees") as set forth in the CUP.
2. If CKS obtains a final amendment to the CUP reducing the maximum number of
permissible students to 100, prior to the Town issuing a certificate of occupancy for the
CKS facility, the Town will refund the Traffic Fees in full. For purposes of this
Agreement, the "final amendment CUP" shall mean either (a) the Planning Commission
has approved the CUP amendment and no qualified person or persons has filed an appeal
within the ten (10) days allowed by the Town; or (b) the Town Council has approved the
amendment and the last action necessary to finalize the CUP Amendment has passed the
date where it may be legally challenged; or (b) any legal challenge has been finally
resolved in a manner that preserves validity of the CUP Amendment.
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3. In the event that CKS has not obtained a final amendment to the CUP prior to the
Town's issuance of a certificate of occupancy for the CKS project, the payment of the
Traffic Fees shall become final and the Town will not refund them.
Dated 'y- /-8 ?
Town of Tiburon, by:
Marga Curran, Town Manager
APPROVED AS TO FORM
Ann R. Danforth
Town Attorney
Congregation Kol Shofar, by:
Joshua Steinhauer, President
APPROVED AS TO FORM
ary R gghianti
Attorney for Congregation Kol Shofar
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