HomeMy WebLinkAbout041-93RESOLUTION NO. 41-93
A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF DANVILLE
APPROVING AGREEMENTS BETWEEN THE TOWN OF DANVILLE, CONTRA COSTA
TRANSPORTATION AUTHORITY, CITY OF SAN RAMON AND FOSTORIA
ASSOCIATES
WHEREAS, the Town of Danville entered into the. "Danville - Castle Agreement" in
December of 1992; and
WHEREAS, Fostoria Associates is the successor in interest to whatever rights Castle
Construction had as a result of the Danville - Castle Agreement; and
WHEREAS, The Danville - Castle Agreement in part, addressed the disposition and future
ownership of the former Shilo Hotel site; and
WHERF~S, Fostoria Associates has filed a claim with the Town alleging the existence of
certain access rights to the "Shilo Property"; and
WHERF~S, The City of San Ramon and the Contra Costa Transportation Authority are
currently constructing the Fostoria Way Overcrossing; and
WHEREAS, Resolution of the claim filed by Fostoria Associates could delay construction
of the Fostoria Way Overcrossing currently underway; and
WHEREAS, Danville, the Contra Costa County Transportation Authority, City of San
Ramon and Fostoria Associates wish to resolve this claim in a manner which will not delay
completion of the Fostoria Way Overcrossing; and
WHERFAS, Danville, the Contra Costa Transportation Authority and the City of San
Ramon have cooperatively prepared the "Fostoria Agreement" and "Memorandum of
Fostoria Agreement" addressing terms and conditions for settlement with Fostoria
Associates and future disposition of the former Shilo Hotel property and attached as
Exhibit A hereto; and
WHEREAS, Danville and Fostoria Associates have agreed to enter into a "Settlement
Agreement and Release" addressing terms and conditions for resolving the claim filed by
Fostoria Associates and attached as Exhibit B hereto; now, therefore be it
RESOLVED by the Town Council of the Town of Danville that the Town Council hereby
authorize the Town Manager to execute the "Fostoria Agreement," "Memorandum of
Fostoria Agreement" and "Settlement Agreement and Release" on behalf of the Town of
Danville.
APPROVED by the Danville Town Council at a Regular Meeting held on Tuesday, April
20, 1993 by the following vote:
AYES: SHIMANSKY,
NOES: NONE
ABSTAINED: NONE
ABSENT: NONE
RITCHEY, DOYLE,
GREENBERG, LANE
APPROVED AS TO FORM:
FITY ATTORNEY
ATTEST:
CITY CLERK