HomeMy WebLinkAboutAgr 1995-08-10 (David and Diane Williams)ZBF.;.,-
ZUMBRUN, BEST & FINDLEY
A Professional Law Corporation
August 4, 1995
Mr. John E. Sharp
McGee, Sharp & Brown
Glendale Federal Building
630 Las Gallinac Avenue
Suite 310
San Rafael, CA 94903
Dear Mr. Sharp:
1
10
Ronald A. Zumbrun
Robert K. Best
John H. Findley
Sharon L. Browne
Meriem L. Hubb d
Nicolas Morgan ,
VIA FACSIMILE
AND OVERNIGHT MAIL
(415) 507-1408
Re: Williams v. Tiburon, Marin County Superior Court Case No. 151431
Thank you for your letter today regarding settling the remaining issues in the Williamses'
litigation. I am enclosing the most recent draft of the settlement agreement, which
incorporates the language we discussed on the telephone yesterday regarding story poles,
building permits, and other miscellaneous language. My clients have reviewed the
document, and it meets with their approval.
I am overnighting a hard copy for Monday delivery in the hope that we can have the
agreement finalized on Monday. As we discussed, my clients are anxious to move forward
on this matter as soon as possible.
Thank you for your cooperation and assistance with this settlement, especially in light of
your very recent appointment. I look forward to speaking with you on Monday.
Sincerely,
IVICOLAS MORGAN
Attorney
Enclosure
2150 River Plaza Drive
Suite 255
Sacramento, CA 95833
Tel 916 641-0015
Fax 916 641-0795
AGREEMENT
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This Agreement is made and entered into as of the day of August, 1995, by
and between the Town of Tiburon (Tiburon) and David and Diane Williams
(Williamses).
RECITALS
On June 6, 1995, in Williams v. 77buron, Marin County Superior Court No.
151431, the California Superior Court in Marin County issued a peremptory writ of
mandate requiring Tiburon to set aside its findings related to the Williamses'
application for design review and approve the application that the Williamses submitted
on June 26, 1990. As a means of complying with the writ of mandate, Tiburon and
the Williamses agree to the following.
1. Tiburon and the Williamses mutually waive any right to an appeal of the
trial court's decision on the merits.
2. Tiburon will approve a condominium conversion permit for the Williamses'
structures in exchange for the Williamses giving Tiburon the option to approve a
structure smaller than the June, 1990, plans. This permit shall be approved by the
Town Council]. The condominium conversion is not contingent on any particular
design features ultimately being accepted.
3. Tiburon will waive the condominium conversion fee of approximately $650.
4. The Williamses will alter their June 26, 1990, design and present those
alterations to Tiburon, reducing the total square footage by over 1,000 square feet.
The alterations will include but not be limited to the following.
NORTH BUILDING
a. Center tower reduced in size and pulled into the building.
b. Smallest tower reduced by half.
c. Reduce family room square footage.
SOUTH BUILDING
d. Reduce footprint.
e. Eliminate two rooms.
GENERAL
f. Reduce two pools to one pool with attached warm water spa for one
structure and warm water spa for other structure.
g. Eliminate center structure (storage area connecting buildings).
5. The Williamses will have detailed plans drawn up pursuant to their
alterations. The Williamses and Tiburon planning staff will cooperate to design a story
pole plan to depict changes to the footprint from the June, 1990, design while limiting
the number of poles to something less than what was originally required.
6. Tiburon's Town Council will have an opportunity to review the detailed
plans, but its review will be limited as follows.
• At the first review, Tiburon may reject design features only if those features
are changes from the June, 1990, plans and only if those changes would create some
negative impact. Tiburon may not reject design aspects that the Williamses had not
changed from their June, 1990, plans, and Tiburon may not reject alterations to the
June, 1990, plans that have no negative impact.
• At the second and final review (if necessary), the Williamses will present
suggested compromises to address any negative impacts cited by Tiburon at the first
review. The Williamses will not have a second set of plans drawn, but will simply
present the compromises in written format. Regarding the compromised design
features (and only those features), Tiburon will then have the option of choosing the
Williamses' suggested compromises or the Williamses' initial alterations to their June,
1990, plans.
7. Tiburon agrees to conduct its initial review at the first Town Council
meeting after receipt of the altered plans. If necessary, the second review will occur at
the next meeting.
8. The Williamses will be required to obtain a building permit for the approved
design prior to commencing construction. Issuance of the building permit will be
subject to all standard requirements (including fees for such permits).
Signed and acknowledged as follows:
Dated: 1995.
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Dated: , 1995.
TOWN OF TIBURON
By:
Robert Kleinert
Manager, Town of Tiburon
DAVID AND DIANE WILLIAMS
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By:
Diane Williams