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HomeMy WebLinkAboutReso 045-03 AmendTDA PSI TR7136 RESOLUTION NO. 45 - 03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN AMENDMENT TO THE TRACT DEVELOPER AGREEMENT FOR PUBLIC LANDSCAPE 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 landscape 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 ~ ./7~2~ ~~~_ X~y/ ATTEST: ~/~" ~ ~VIayo~:~' ~ K2/G/3-18-03/reso-7136landscape.doc (Item 4.5) G:\CC-MTGS~2003 -qtr 1LMARX3 - 18 -03Xreso-7136landscape.doc EXHIBIT "A" ~ RESOLUTION NO. -03 A RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF DUBLIN AMENDMENT TO TRACT DEVELOPER AGREEMENT FOR PUBLIC LANDSCAPE IMPROVEMENTS ASSOCIATED WITH TRACT 7136 (DUBLIN RANCH AREA A-l) BETWEEN CITY OF DUBLIN AND TOLL BROTHERS, INC. WHEREAS, 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 landscape improvements (hereinafter referred to as AGREEMENT) on March 19, 2002; and WHEREAS, 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 19, 2004; and WItEREAS, it is in the best interest of the CITY to extend the completion date of the AGREEMENT; 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; and NOW, TIIEREFORE, 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. CIT~ OF DUBLIN~ /~ ATTEST:~~ t~//j Mayor ~~/4~¢~ Toll Brothers, Inc. By: Toll Brothers, Inc. ~ Assistant Secretary By: Its: Assistant Secretary Date: G:\DEVELOP\Dublin Ranch~Area A -E~A-1 Tract 7136~Ex 'A' reso amend landscape tr dev agmt Tr 7136.doc