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RESOLUTION NO. 27-2008
APPROVING A PROPERTY EXCHANGE AND CONSTRUCTION AGREEMENT
BETWEEN THE TOWN OF DANVILLE AND EAST BAY FELLOWSHIP CHURCH
(INTERNATIONAL CHURCH OF THE FOUR SQUARE GOSPEL)
WHEREAS, the Town of Danville (Town) and the East Bay Fellowship Church
(International Church of the Four Square Gospel) own adjacent properties located off of
Sherburne Hills Road, adjoining Sycamore Valley Park; and
WHEREAS, in 1990, the Town and Church entered into a series of three agreements and
leases related to use and development of their adjoining lands. These agreements provided
for reciprocal use of the two parking lots during specified hours of the week, for certain
maintenance obligations to be performed by the Town and for the Town's right to develop
and use a portion of the Church parcel as part of Sycamore Valley Park; and
WHEREAS, the Town and Church have mutually determined that itwould be in the best
interests of both parties to enter into a new agreement superseding all three of the 1990
agreements/leases; and
WHEREAS, a new agreement will allow the parties to increase the available parking
supply for both properties, to transfer title to the Town of the portion of the Church
property currently improved as parkland and provide the Church with an equivalent
building site for future use should they require it; now, therefore, be it
RESOLVED, that the Danville Town Council approves a property exchange and
construction agreement between the Town of Danville and East Bay Fellowship Church
(International Church of the Four Square Gospel) in substantially the form presented to the
Town Council on April 1, 2008; and, be it further
RESOLVED, that the Danville Town Council accepts title to the approximately 1.04 acres
of land to be conveyed by the Church to the Town pursuant to the agreement; and, be it
further
RESOLVED, that the Town Manager is hereby authorized to execute the agreement and
any other documents necessary to carry out the terms of the agreement, including, but not
limited to, deeds and escrow documents, and the City Clerk is directed to have recorded
the deed to the property to be accepted by the Town.
APPROVED by the Danville Town Council at a regular meeting on Aprill, 2008 by the
following vote:
AYES: Andersen, Arnerich, Doyle, Shimansky, Stepper
NOES: None
ABSTAINED: None
ABSENT: None
APPROVED AS TO FORM:
7Ut:13 -.c::}
CITY ATTORNEY
CITY CLERK
ATTEST:
PAGE 2 OF RESOLUTION NO. 27-2008