HomeMy WebLinkAboutReso 043-03 Amend TDA 7279 RESOLUTION NO. 43 - 03
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AMENDMENT TO THE TRACT DEVELOPER AGREEMENT
FOR TRACT 7279 (TASSAJARA CREEK PHASE II BY GHC INVESTMENTS, LLC)
WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and GHC Investments, LLC
(hereinafter referred to as "DEVELOPER"), entered into a Tract Developer Agreement (hereinafter
referred to as "AGREEMENT") on October 16, 2001; and
WHEREAS, Section 1 of said AGREEMENT states that DEVELOPER shall complete all
improvements governed by the AGREEMENT not later than 548 days following the date of execution;
and
WHEREAS, since the improvements will not be complete within the timeframe anticipated in
the original AGREEMENT, it is in the best interest of the CITY to extend the completion date of the
AGREEMENT by one year, or until April 16, 2004; and
WHEREAS, this Amendment hereby incorporates by reference all terms and conditions set
forth in the AGREEMENT, and all terms and conditions which are not specifically modified by this
Amendment shall remain in full force and effect;
NOW, THEREFORE, BE IT RESOLVED that the Amendment (Exhibit "A" of this
Resolution attached hereto) to the Tract Developer Agreement for Tract 7279 is hereby approved.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the amendment.
PASSED, APPROVED AND ADOPTED this lgth day of March, 2003.
AYES: Councilmembers McCormick, Oravetz, Sbranti and Zika and Mayor Lockhart
NOES: None
ABSENT: None
ATTEST: _ ~
K2/G/3-18-03/reso-72'79.doc (Item 4.4)
G:\CC-MTGS~2003-qtr lhMAR~3 - 18-03~reso-7279.doc
EXHIBIT "A" OF
RESOLUTION NO. ~/~,~ -03
a RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AMENDMENT TO TRACT DEVELOPER AGREEMENT
FOR TRACT 7279 (TASSAJARA CREEK, PHASE I1- GREENBRIAR)
BETWEEN CITY OF DUBLIN AND GHC INVESTMENTS, LLC
WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and OHC Investments, LLC
(hereinafter referred to as "DEVELOPER."), entered into an Tract Developer Agreement (hereinafter referred to as
AOREEMENT) on October 16, 2001; and
WHEREAS, Section 1 of said AOPd~EMENT states that the DEVELOPER shall complete all
improvements governed by the AOi~EMENT not later than 54g days following the date of the execution; and
WHEREAS, the DEVELOPER has agreed to amend the AOREEMENT to extend the completion
date by 365 additional days or until April 16, 2004; and
WHEREAS, it is in the best interest of the CITY to extend the completion date of the
AOREEMENT; and
WHEREAS, this Amendment hereby incorporates by reference all terms and conditions set forth
in the AOREEMENT, and all terms and conditions which are not specifically modified by this Amendment shall
remain in fall force and effect; and
NOW, THEREFORE, the parties hereto agree as follows:
Completion time for the improvement work governed by the AOREEMENT is hereby extended
365 days or until April 16, 200g.
C?W//OF DUBLIN
ATTES ' /~// Mayor
~l~k~ ~ ~{~~ GHC Investments, Lac
a Delaware limited liability company
By: Greenbriar Homes Communities, Inc.
A California Corporation
Its: Executive Vice President
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