HomeMy WebLinkAboutReso 044-03 AmendTDA PSI TR7136 RESOLUTION NO. 44 - 03
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AMENDMENT TO THE TRACT DEVELOPER AGREEMENT FOR
PUBLIC STREET IMPROVEMENTS ASSOCIATED WITH TRACT 7136
(DUBLIN RANCH AREA A-1 BY TOLL BROTHERS, INC.)
WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Toll Brothers, Inc.
(hereinafter referred to as "DEVELOPER"), entered into a Tract Developer Agreement for public street
improvements (hereinafter referred to as "AGREEMENT") on March 19, 2002; and
WHEREAS, Section 1 of said AGREEMENT states that DEVELOPER shall complete all
improvements governed by the AGREEMENT not later than 365 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 March 19, 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 7136 is hereby approved.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the amendment.
PASSED, APPROVED AND ADOPTED this 18th day of March, 2003.
AYES: Councilmembers McCormick, Oravetz, Sbranti and Zika and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
Clerk
K2/G/3-18-03/reso-7136.doc (Item 4.5)
G:\CC-MTGS~2003 -qtr 1 \MARL3 - 18 -03\reso-7136. doc
EXHIBIT "A" OF
RESOLUTION NO. /-//'53 -03
A RESOLUTION OF TIlE CITY COUNCIL
OF THE CITY OF DUBLIN
AMENDMENT TO TRACT DEVELOPER AGREEMENT FOR PUBLIC STREET IMPROVEMENTS
ASSOCIATED WITH TRACT 7136 (DUBLIN RANCH AREA A-I)
BETWEEN CITY OF DUBLIN AND TOLL BROTItERS, INC.
WltEREAS, the City of Dublin (hereinafter referred to as "CITY") and Toll Brothers, Inc.
(hereinafter referred to as "DEVELOPER"), entered into an Tract Developer Agreement for public street
improvements (hereinafter referred to as AGREEMENT) on March 19, 2002; and
WI-IEREAS, Section 1 of said AGREEMENT states that the DEVELOPER shall complete all
improvements governed by the AGREEMENT not later than 365 days following the date of the execution; and
WHEREAS, the DEVELOPER has agreed to amend the AGREEMENT to extend the completion
date by 365 additional days or until March 1'9, 2004; and
WltEREAS, it is in the best interest of the CITY to extend the completion date of the
AGREEMENT; and
WltEREAS, 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; and
NOW, THEREFORE, the parties hereto agree as follows:
Completion time for the improvement work governed by the AGREEMENT is hereby extended
365 days or until March 19, 2004.
CITY OF_;TBLIN
ATTEST:
(~ ]./.'~~ C_~ Toll Brothers, Inc.
--J ~Cle~-~ k-
By: Toll Brothers, Inc.
By:
Its: Assistant Secretary
Date:
G:\DEVELOPkDublin RanchkArea A -E~A-1 Tract 7136~Ex 'A' reso amend tr dev agmt Tr 7136.doc