Appendix A
Agreement Between the City of Takoma Park, Montgomery College, Historic Takoma, Inc. and Montgomery County to Subject the Activities of Montgomery College in the Historic Preservation District of the City to Local Control
AGREEMENT
THIS AGREEMENT, made this 30th day of July , 2002, by and between the BOARD OF COMMUNITY COLLEGE TRUSTEES OF MONTGOMERY COUNTY (hereinafter referred to as "Montgomery College"), the CITY OF TAKOMA PARK, MARYLAND (hereinafter referred to as "City"), HISTORIC TAKOMA, INC. (hereinafter referred to as "Historic Takoma"), and MONTGOMERY COUNTY, MARYLAND (hereinafter referred to as "Montgomery County"),
WITNESSETH:
WHEREAS, Montgomery College is a community college which is responsible for operating community college facilities in Montgomery County, including the City of Takoma Park and areas of Silver Spring, Maryland; and
WHEREAS, the City of Takoma Park is a municipality located in Montgomery County, Maryland; and
WHEREAS, Historic Takoma is an historic preservation organization which is incorporated and does business in the State of Maryland and the District of Columbia; and
WHEREAS, Montgomery County is a charter county of the State of Maryland and administers the Montgomery County Historic Preservation Ordinance, Montgomery County Code, as amended, Chapter 24A; and
WHEREAS, there was friction in the past between the College and the City of Takoma Park with respect to historic structures within the City of Takoma Park, and the City of Takoma Park and the College wish to avoid such friction in the future and continue their good and unique relationship; and
WHEREAS, to maintain their collaborative relationship, the parties wish to enter into an Agreement whereby Montgomery College voluntarily agrees under these unique circumstances to submit any and all plans for proposed development in the current or future historic preservation district in the City of Takoma Park, as further defined and delineated below, for review by the Montgomery County Historic Preservation Commission and further agrees to be subject to the provisions of the Montgomery County Code, Chapter 24A, for this development and proposed construction.
NOW, THEREFORE, in consideration of the premises and the mutual promises and covenants hereinafter contained, the parties hereto do agree, each with the other, as follows:
1. Montgomery College hereby agrees to submit any and all plans for proposed development in the current or future historic preservation district in the City of Takoma Park as now constituted in the City of Takoma Park or henceforth expanded, saving and excepting property now owned by Montgomery College as depicted on Attachment B that is not in the Takoma Park historic district as it is presently defined1; Montgomery College further agrees to be subject to the provisions of the Montgomery County Code, Chapter 24A, Historic Preservation Ordinance, for all activities henceforth proposed to be conducted by Montgomery College in the historic preservation district of the City of Takoma Park as now constituted in the City of Takoma Park or henceforth expanded, saving and excepting property now owned by Montgomery College as depicted on Attachment B that is not in the Takoma Park historic district as it is presently defined.2
2. Montgomery College agrees to seek and obtain all local permit review within the designated historic district, including but not exclusive to building permits, plumbing permits, electrical permits, Fire Code permits, subdivision review, zoning applications, and demolition permits. Such permit review does not alter past and current practices of Montgomery College to be subject to other municipal regulations — such as forestation (trees), police, curb cuts and other regulations in the municipal rights of way, and stormwater management.
3. Montgomery College agrees that it shall consult with the City of Takoma Park and the local community when making any major or substantial changes or alterations to the existing structures designated on Appendix B ("Existing Structures").
4. The parties agree that this consultation envisioned in the prior paragraph will occur at the earliest practicable stage during the planning for any alteration, construction, or revitalization of the exterior of the existing buildings.
5. The parties agree that they have the authority to enter into this Agreement and to bind all entities in perpetuity for this Agreement.
6. The parties agree that this document may be recorded in the miscellaneous records of Montgomery County, and the City of Takoma Park may publish this agreement as part of or as an appendix to the City Code.
7. If any of the provisions of this Agreement are declared to be invalid by a Court of law, all other provisions shall remain in full force and effect.
8. If any parties fail to fulfill their obligation hereunder, any party to this agreement shall have the right to sue to enforce the terms of this agreement. The breaching party agrees to pay reasonable attorney fees and costs incurred by the other party in the event a final judgment is obtained against the breaching party.
9. Notwithstanding anything contained in this Agreement to the contrary, by entering into this Agreement, Montgomery College does not waive any position that it may take with respect to the jurisdiction of the Montgomery County Historic Preservation Commission to review the activities of Montgomery College or issues of compliance with or the applicability of the provisions of Chapter 24A, Montgomery County Code, except with respect to activities addressed specifically by this Agreement.
10. Each party shall at any time and from time to time hereafter take any and all steps to execute, acknowledge and deliver to the other party all further instruments and assurances that the other party may reasonably require for the purposes of giving full force and effect to the provisions of this Agreement.
11. The parties have incorporated in this Agreement their entire understanding. No oral statement or prior written matter extrinsic to this Agreement shall have any force or effect. The parties are not relying on any representation or warranties other than those expressly set forth herein.
12. No modification or waiver of any of the terms of this Agreement shall be valid unless in writing and executed with the same formality as this Agreement. No waiver of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default of the same or similar nature.
13. Each party hereto declares that they have had independent legal advice by counsel of their own selection or the opportunity to obtain the same; that each fully understands the facts and has been fully informed of all legal rights and liabilities and the advisability of obtaining independent legal counsel; that after such advice and knowledge, each believes the Agreement to be fair and reasonable. This Agreement contains the entire understanding of the parties. There are no representations, warranties, promises, covenants or undertakings other than those expressly set forth herein.
14. This Agreement shall be binding on the parties hereto, their successors in interest and assigns. This Agreement shall be construed under the laws of the State of Maryland.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this day and year first above written.
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BOARD OF COMMUNITY COLLEGE TRUSTEES OF MONTGOMERY COUNTY |
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By: /s/ William E. Campbell |
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CITY OF TAKOMA PARK, MARYLAND |
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By: /s/ Kathryn H. Porter |
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HISTORIC TAKOMA, INC. |
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By: /s/ Lorraine J. Pearsall |
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MONTGOMERY COUNTY, MARYLAND |
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By: /s/ William M. Mooney, Jr. |
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Assistant Chief Administrative Officer |
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Approved as to Form and Legality |
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Office of the County Attorney |
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By: /s/ Eileen J. Basaman |
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Date: 7/26/2002 |
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STATE OF MARYLAND |
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ss: |
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COUNTY OF MONTGOMERY |
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I HEREBY CERTIFY that on this 24th day of July , 2002, before me, the subscriber, a Notary Public in and for the State and County aforesaid, personally appeared William E. Campbell, EVP of the Board of Community College Trustees of Montgomery County, who is authorized to execute this document on behalf of said entity, and who made oath in due form of law that he executed the foregoing Agreement on behalf of the Board of Community College Trustees of Montgomery County for the purposes stated therein. |
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AS WITNESS my hand and Notarial Seal. |
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/s/ Helen B. Chapson |
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Notary Public |
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My Commission expires: 12/12/05 |
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STATE OF MARYLAND |
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ss: |
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COUNTY OF MONTGOMERY |
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I HEREBY CERTIFY that on this 23rd day of July , 2002, before me, the subscriber, a Notary Public in and for the State and County aforesaid, personally appeared Kathryn H. Porter , Mayor of the City of Takoma Park, Maryland, who is authorized to execute this document on behalf of said entity, and who made oath in due form of law that she executed the foregoing Agreement on behalf of the City of Takoma Park, Maryland, for the purposes stated therein. |
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AS WITNESS my hand and Notarial Seal. |
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/s/ Jessie Carpenter |
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Notary Public |
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My Commission expires: 10-01-04 |
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STATE OF MARYLAND |
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ss: |
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COUNTY OF MONTGOMERY |
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I HEREBY CERTIFY that on this 22nd day of July , 2002, before me, the subscriber, a Notary Public in and for the State and County aforesaid, personally appeared Lorraine J. Pearsall, President of Historic Takoma, Inc., who is authorized to execute this document on behalf of said entity, and who made oath in due form of law that she executed the foregoing Agreement on behalf of the Historic Takoma, Inc. for the purposes stated therein. |
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AS WITNESS my hand and Notarial Seal. |
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/s/ Gregory A. Logan |
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Notary Public |
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My Commission expires: |
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STATE OF MARYLAND |
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ss: |
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COUNTY OF MONTGOMERY |
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I HEREBY CERTIFY that on this 31 day of July , 2002, before me, the subscriber, a Notary Public in and for the State and County aforesaid, personally appeared William M. Mooney, Jr., Asst. CAO of Montgomery County, Maryland, who is authorized to execute this document on behalf of said entity, and who made oath in due form of law that he, as Assistant CAO executed the foregoing Agreement on behalf of the Montgomery County, Maryland for the purposes stated therein. |
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AS WITNESS my hand and Notarial Seal. |
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/s/ Cindy A. Sullivan |
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Notary Public |
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My Commission expires: January 1, 2004 |
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Attachment B
NOTE: The property that is presently used by Montgomery College as a child care facility is in the Takoma Park historic district and will be subject to the local historic preservation provisions under this agreement.
NOTE: The property that is presently used by Montgomery College as a child care facility is in the Takoma Park historic District and will be subject to the local historic preservation provisions under this agreement.