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HomeMy WebLinkAboutReso 052-03 TDA TR7075 TassCkI RESOLUTION NO. 52 - 03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING AN AMENDMENT TO THE TRACT DEVELOPER AGREEMENT FOR TRACT 7075 (TASSAJARA CREEK PHASE I 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 April 3, 2001; and WHEREAS, Section 1 of said AGREEMENT states that DEVELOPER shall complete all improvements governed by the AGREEMENT not later than 420 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 to 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) to the Tract Developer Agreement for Tract 7075 is hereby approved. BE IT FURTHER RESOLVED that the Mayor is authorized to execute the amendment. PASSED, APPROVED AND ADOPTED this 1st day of April, 2003. A YES: Councilmembers McCormick, Oravetz, Sbranti and Zika and Mayor Lockhart NOES: None ABSENT: None ABSTAIN: None ATTEST: 3~~/~ K2/G/4-1-03/reso-7075.doc (Item 4.5) G:\CC-MTGS\2003-qtr2\Apr\4-1-03\reso-7075.doc EXHIBIT "A" OF RESOLUTION NO. S2: -03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********** AMENDMENT TO TRACT DEVELOPER AGREEMENT FOR TRACT 7075 (TASSAJARA CREEK, PHASE I - GREENBRIAR) BETWEEN CITY OF DUBLIN AND GHC INVESTMENTS, LLC WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and GHC Investments, LLC (hereinafter referred to as "DEVELOPER"), entered into an Tract Developer Agreement (hereinafter referred to as AGREEMENT) on April 3, 2001; and WHEREAS, Section 1 of said AGREEMENT states that the DEVELOPER shall complete all improvements governed by the AGREEMENT not later than 420 days following the date of the execution; and WHEREAS, the DEVELOPER has agreed to amend the AGREEMENT to extend the completion date to April 16, 2004; and WHEREAS, 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, THEREFORE, the parties hereto agree as follows: Completion time for the improvement work governed by the AGREEMENT is hereby extended to April 16, 2004. ATTEST: AHlv-~ /p-~ City Clerk I V GHC Investments, LLC a Delaware limited liability company By: Greenbriar Homes Communities, Inc. A California Corporation Mayor By: '~ c~_ Ronald Mukai Its: Vice President K:\WORD\Dublin\Tassajara l\Ex 'A' reso amend tr dev agmt Tr 70752REV.doc