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HomeMy Public PortalAbout1977_02_02_R015 TOWN OF LEESBURG LOUDOUN COUNTY, VIRGINIA RESOLUTION NO. 77-15 PRESENTED Feb.ruary 2~ 1977 ADOPTED ...... February 2, 1977 AUTHORIZING AN AGREEMENT TO SETTLE DISPUTES WITH TRANSAMERICAN AIRPORTS, INC. RESOLVED by the Council of the Town of Leesburg, Virginia as follows: SECTION I. An Agreement to settle disputes between the town and TransAmerican Airports, Inc., and Chantilly Aviation, Inc., ('!Companies" herein) is approved with the general terms and condi- tions as follows: 1. Ail of Companies' leases at Leesburg Municipal Airport will be surrendered upon payment as provided below and all accrued unpaid rents waived and the Companies shall memorialize said surrender by written termination agreement within five days of the passage of this resolution. 2. The following law suits in the Circuit Courts of Loudoun County, Virginia, will be mutually dismissed, with prejudice by the Companies and Town: a) TransAmerican Airports, Inc., v. Town of Leesburg, in Chancery No. 4860. b) Town of Leesburg v. TransAmerican Airports, Inc., at Law No. 4868. c) TransAmerican Airports, Inc. and Chantilly Aviation, Inc., v. the Town of Leesburg, at Law No. 5082. A RESOLUTION: 3. The Companies, their officers and stockholders, and the Town will execute a general release of claims and counter- claims between the Companies, their officers and stockholders, and the Town, and any present or former members of the Town Council or their agents. 4. The attorneys for the Companies will submit an opinion running to the Town, in a form approved by the town attorney, that termination of the above-mentioned leases does not constitute an act of bankruptcy, that there are no liens or encumbrances against the leasehold interest of the Companies, and that all corporate acts and proper legal steps have been taken for a valid surrender of th~ leases. 5. Th~ Town will pay the sum of $70,000 to Hall, Monahan, Engle, Mahan & Mitchell, Attorneys for the Companies, upon the execution of the releases provided for herein and endorsement of the necessary orders dismissing the pending law suits with prejudice by the Companies. SECTION II. The manager is authorized and directed to execute, on behalf of the Town, a general release in a form approved by the Town Attorney of claims and counter-claims against the Companies, upon (1) execution of such a general release by the Companies, their officers and stockholders, of claims and counter-claims against the Town and any present or former members of the Town Council or their agents and (2) endorse- ment by the Companies' attorneys of the orders dismissing the pending cases, with predjudice. SECTION III. The Town Attorney is directed to endorse such orders of dismissal as are necessary to implement the above described settlement. PASSED this 2nd day of . February _ , 1977 Mary ~nne Newman, Mayor Town of Leesburg ATTEST: '"' Cler~ o~ Council