The Meisurger Law Firm, P.C
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THEMEISURGER LAW FIRM, P.C. 1493 CHAINBRIDQE ROAD Sum 201 MCLEAN,VIRQINIA 221 01 ADMI~EDTO PRACTICE IN (703) 556-9404 VIRGINIA FACSIMILE DISTRICTOF COLUMBIA (703) 556-8609 MARYLAND MISSOURI January 13,2006 Debra Yerg Daniel, Esq. Associate General Counsel The Maryland-National Park and Planning Commission 8787 Georgia Avenue Silver Spring, Maryland 209 10-3760 Re: Good Counsel Transportation Agreement Dear Debra: I am enclosing for your files a copy of the recorded Transportation Management and Community Liaison Agreement for Our Lady of Good Counsel High School, Inc. Best regards, cc: Mr. Arthur Raimo (by mail) (wlencl.) C :\Documents and SettingsUanet Meiburgdy Documents\Good Counsel\CorrespU)aniel. 1 .doc OUR LADY OF GOOD COUNSEL HIGH SCHOOL, INC. TRANSPORTATION MANAGEMENT AND COMMUNITY LIAISON AGREEMENT THIS TRANSPORTATION MANAGEMENT AND COMMUNITY LIAISON AGREEMENT ("Agreement") is made this 6th day of July, 2005, by and between OUR LADY OF GOOD COUNSEL HIGH SCHOOL, INC., a Maryland nonprofit corporation ("Good Counsel"), and THE MONTGOMERY COUNTY PLANNING BOARD OF THE MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION (the 5 "Planning Board"). 2gg 0 r 13grri3 -4- mcnor RECITALS a,. m -(nzrU A. The subject property is comprised of approximately 52 acres located to the .74 -I- of Maryland Route 108 and to the west of Batchellors Forest Road in the Olney area of srn Montgomery County (the "Property"). B. Good Counsel intends to build a high school and related athletic and other facilities on the Property. Good Counsel intends to take occupancy of the Property in 2006. C. Good Counsel has filed and received Planning Board approval of a preliminary plan, designated Preliminary Plan No. 1-02082 pursuant to a Corrected Amended Opinion mailed on February 4,2004 (the "Amended Opinion"), attached hereto as Exhibit "A". The execution of this Agreement is one of the conditions of approval set forth in the Amended Opinion. NOW, THEREFORE, in consideration of the above Recitals, each of which is made a part of this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which each of the parties acknowledges, the parties agree as follows: Z$*& 1. Trans~ortationManagement Prom. The parties agree to the folla &zF - t*. Transportation Management Program ("TMP"): %El&#fiC tt+ is.& IdIiL CjSe& ad n-,. * Piriqtr &a ~~rt9 b.ihd A. Access to the School Propertv &G& Bik # 2eI ,IiisJJ :SCZ a jilZ tir 2685 1. There will be three points of access to the school property (as shown on the On-Site Vehicle Circulation ~xhibitattached hereto as Exhibit "By'). The primary t ', access will be from the two driveways that comprise the school's entrance fiom Old Vic Boulevard extended, with secondary access fiom Maryland Route 108. There will not be any access to the school property from existing Batchellors Forest Road. 2. The access from Route 108 will be a right inlright out access only. This limited access will be used by some school buses (primarily to exit the site) and by most delivery vehicles. , 3. There will be a two-way semicircular driveway providing access to the school from Old Vic Boulevard extended. This driveway will provide two points of entrance to and departure from the school property, one north of the main entrance to the school and one - south of the main entrance. B. On Site Parking During Daytime Hours 1. The subject property will have three parking areas that together will provide a minimum of 489 designated parking spaces, some of which will be handicapped1 accessible spaces. The northern parking lot will have approximately 235 parking spaces, the southern parking lot will have approximately 190 parking spaces and the western parking lot will have approximately 64 parking spaces. All of the parking lots will have two-way drive aisle circulation. 2. All vehicles that park on site during daytime hours, other than vehicles that park in the visitor or handicappedaccessible parking spaces, will be required to display a parking pass on their rear view mirror or a sticker in a designated spot on their front windshield. School employees will check the parking lots on a daily basis to ensure that all vehicles not parked in visitor or handicappedaccessible spaces are displaying the required pass or sticker and that no students are parked in visitor or handicapped/accessible spaces. If a vehicle does not have the required pass or sticker, corrective measures will be taken such as imposing a fine or towing the vehicle. If a vehicle with a pass or sticker is parked in a visitor or handicappedaccessible space, the school will locate the owner of the vehicle so that the vehicle can be moved to a proper parking space. 3. The school expects to issue a total of approximately 460 parking passes and stickers. The parking passes and stickers will be issued to faculty, staff and students. In issuing parking passes to students, the school will give priority to the older students, i.e. the school will start with members of the senior class and work downward to the other classes. As a practical matter, the school expects that all of the parking passes allocated to students will be issued to seniors and juniors. 4. The western parking lot will be used for visitor and faculty and staff parking. The school expects that approximately ten spaces will be reserved for visitor parking and the remaining regular (i.e., other than handicappedaccessible) spaces will be assigned to faculty and staff. 5. The school will instruct the students, faculty and staff that, if they intend to leave the school property shortly after school ends, they should park in the northern parking lot. This will permit the cars in the northern parking lot to leave before the afternoon bus departure. 6. The school will instruct the students, faculty and staff that, if they intend to stay on the school property after school ends, they should use the southern parking lot. This will minimize conflict between parked vehicles leaving the southern parking lot and the vehicles that arrive to pick up students after school. C. Traffic Circulation Pattern 1. The circulation pattern for school buses, vehicles entering the property to park there, and vehicles entering the property to drop off or pick up students is shown on the On-Site Vehicle Circulation Exhibit attached as Exhibit "B". 2. School buses will drop off and pick up in the northern parking lot. Buses departing to the east will use the right idright out driveway that connects to Route 108. Waiting buses will queue in the northern parking lot in the area outside the school cafeteria and the students will enter and exit the buses from the right side in this area. 3. Vehicles entering the property in the morning to park in the northern parking lot and vehicles leaving the property from the northern parking lot will enter and exit through the northern driveway from Old Vic Boulevard extended or, to a limited extent, through the right inlright out driveway connecting to Route 108. 4. Vehicles arriving to drop off students in the morning will enter the property through the southern driveway from the new road and will move through the southern parking lot to the southern entrance to the school, where they will discharge students fiom the passenger side of the vehicle. They will also exit the property through the southern driveway. 5. Vehicles arriving to pick up students in the afternoon will also enter and exit the property through the southern driveway. These vehicles will develop a stationary queue in the southern parking lot as shown on the attached Exhibit "B." The students will enter the vehicles from the passenger side of the vehicle, outside the southern entrance to the school. This route will accommodate as many as 57 vehicles in a stationary queue. 6. The only vehicles that will be permitted to drive into the driveway in front of the school will be those vehicles that will be parking in the western parking lot, which will be reserved for visitor, faculty and staff, and handicapped/accessible parking. D. Trip Mitigation -- Buses 1. Good Counsel initially will arrange for six extended bus routes, which Good Counsel anticipates will be as follows: Bowie-Laurel-Burtonsville Chevy Chase-Kensington-Glenmont Takoma Park-Silver Spring-Wheaton College Park-Langley Park-New Hampshire Ave. South Rockville Darnestown-Gaithersburg The number of bus routes and the routes themselves may be adjusted from time to time as needed to provide transportation for the students desiring to ride the bus. 2. Students will be required to sign up to take the bus at the beginning of the school year for the entire year, as is currently required. Good Counsel will continue to charge a fee for riding the bus. r 3. At least 245 students will ride the bus on normal school days. A "normal" school day shall mean a school day having a normal schedule (at present, 8:00 a.m. to 245 p.m.) and on which all students are expected to be in attendance. 4. If fewer than 245 students sign up to take the bus, Good Counsel will be required to operate a free shuttle bus to the school, in addition to the extended bus routes, from an appropriate location south of the school, such as the park and ride lot at Norbeck Road and Georgia Avenue. This bus will run at least twice in the weekday morning peak period. If at least 245 students sign up to take the bus, Good Counsel may run the free shuttle bus but will not be required to do this. Good Counsel may also have one or more of the buses running an extended route stop at this location in the weekday morning peak period to pick up students.