HomeMy WebLinkAbout129-91RESOLUTION NO. 129-9!
APPROVING THE ASSIGNMENT OF THE CHILD CARE AGREEMENT
ON PARCEL J OF SUBDMSION 7480 EXECUTED BETWEEN
SIGNATURE PROPERTIES AND THE TOWN OF DANVILLE TO
PETER KNOEDLER/ROBERT JOHNSON (DIABLO VENTURES WEST)
WHEREAS, the Town of Danville has found that child care is a public service that should
be emphasized in newly developing residential areas; and
WHEREAS, Signature Properties entered into an agreement with the Town of Danville,
executed on June 20, 1991, to provide a site for a child care facility for sale to a qualified
child care provider at a below market purchase price (Parcel J of SD 7480); and
WHEREAS, the agreement states that sale of the site and/or assignment of the obligations
outlined in the agreement requires approval by the Town of Danville; and
WHEREAS, Signature Properties entered into purchase agreement dated May 2, 1991 with
Peter Knoedler/Robert Johnson (dba Diablo Ventures West) to sell the proposed child
care site for $200,000; and
WHEREAS, Diablo Ventures West is willing to assume all obligations of the agreement and
further agree to sell Parcel J for a price not to exceed $6 per square foot; and
WHEREAS, Diablo Ventures West, in the event a child care provider is not secured within
five years of the execution of the agreement, further agrees to pay the Town of Danville
for child care fees waived on Subdivision 6829 and Subdivision 7480 (totaling $42,115);
and
WHEREAS, Diablo Ventures West, in the event a child care provider is not secured within
five years of the execution of the agreement, further agrees to pay the Town of Danville
for child care fees waived on Parcels B and C of MS 856-88 (totaling $14,035+/-); and
WHEREAS, the Town Council did consider the request for assignment of the agreement
covering Parcel J of SD 7480 on July 2, 1991; and
WHEREAS, a staff report was submitted recommending that the Town Council take action
to conditionally approve the assignment of the Agreement dated June 20, 1991 to Diablo
Ventures West.
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Danville
that the Town Council hereby approves the assignment to the June 20, 1991 agreement
between Signature Properties and the Town of Danville to Diablo Ventures West, subject
to the following conditions:
.
Diablo Ventures West will assume all obligations and terms of the original
agreement.
PAGE 1 OF RESOLUTION 129-91
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Diablo Venmre~. ~rest agrees to aggressively market t. parcel to a qualified child
care provider at a sale price not to exceed $6 per square foot.
Diablo Ventures West, in the event that a child care provider is not secured within
five years of the execution of the agreement, shall be responsible for child care
fees waived on Subdivision 6829 and Subdivision 7480 (totaling $42,115).
Diablo Ventures West, in the event that a child care is not secured within five years
of the execution of the agreement, shall be responsible for child care fees waived
on Parcels B and C of MS 856-88 (totaling $14,035+/-).
Diablo Ventures West will become an assignee on the contract concurrent with the
close of escrow of Parcel J.
APPROVED by the Danville Town Council at a Regular Meeting on July 2, 1991, by the
following vote:
AYES:
NOES:
ABSTAINED: NONE
ABSENT: NONE
GREENBERG, LANE, RITCHEY, SCHLENDORF, SHIMANSKY
NONE
Mayor
APPROVED AS TO FORM:
ATTEST:
Mark Doane, City Attorney
apmm29
/£~t/ty Clerk~~ ~~ff
PAGE 2 OF RESOLUTION 129-91