HomeMy WebLinkAboutReso 121-03 ACSPA Agrmt PM7714 RESOLUTION NO. 121 - 03
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AMENDMENT TO THE
TRACT DEVELOPER AGREEMENT FOR PARCEL MAP 7714
(ALAMEDA COUNTY SURPLUS PROPERTY AUTHORITY)
WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Alameda County Surplus
Property Authority (hereinafter referred to as "DEVELOPER"), entered into a Tract Developer Agreement
(hereinafter referred to as "AGREEMENT") on June 4, 2002, to improve Arnold Road south of Dublin
Boulevard and Digital Drive (now known as "Martinelli Way" per Resolution No. 61-03); and
WHEREAS, Section 1 of said AGREEMENT states that the DEVELOPER shall commence
construction within 365 days following the date on which CITY executes the AGREEMENT, which
equates to June 4, 2003, and shall complete said work not later than 24 months following said date of
execution, which equates to June 4, 2004; 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 AGREEMENT by one year,
with the commencement of construction date not later than June 4, 2004, and a completion date of June 4,
2005; 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 Parcel Map 7714 is hereby approved.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the amendment.
PASSED, APPROVED AND ADOPTED this 17th day of June, 2003.
AYES: Councilmembers McCormick, Oravetz, Sbranti and Zika and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None t ~-, ~
~ (~ity C~e/rk~
K2/G/6- 17-03/reso-7714.doc (Item 4.6)
G:~DEVELOP\Commerce One (ACSPA)~reso amend tr dev agmt PM 7714.doc
EXHIBIT "A" OF
RESOLUTION NO. /2! -03
A RESOLUTION OF THE CITY COUNCIL
'OF THE CITY OF DUBLIN
AMENDMENT TO TRACT DEVELOPER AGREEMENT FOR PARCEL MAP 7714
BETWEEN CITY OF DUBLIN AND ALAMEDA COUNTY SURPLUS PROPERTY AUTHORITY
WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Alameda County Surplus
Property Authority (hereinafter referred to as "DEVELOPER"), entered into an Tract Developer Agreement
(hereinafter referred to as AGREEMENT) on June 4, 2002 to improve Arnold Road south of Dublin Boulevard and
Digital Drive (now known as "Martinelli Way" per Resolution No. 61-03); and
WHEREAS, Section 1 of said AGREEMENT states that' the DEVELOPER will commence
construction within 365 days following the date on which CITY executes the AGREEMENT which equates to
June 4, 2003, and shall complete said work not later than 24 months following said date of execution which
equates to June 4, 2004; and
WHEREAS, the DEVELOPER has agreed to amend the AGREEMENT to extend the
commencement of construction by 365 additional days or until June 4, 2004, and the completion date by another
365 additiOnal days or until June 4, 2005; and
WHEREAS, it is in the best interest of the CITY to extend the commencement and 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:
The work governed by the AGREEMENT shall be extended by 365 additional days, and shall now
commence on or before June 4, 2004 and shall be completed by June 4, 2005.
ATT~Tj ~./e-?~/ A/ Mayor ·
C~~ ~ ~-~ Alameda County Surplus Property Authority[j
J ~ityrQler~TM ~ ' a Public Agency
/ /
G:\DEVELOP\Commerce OnekEx 'A' reso amend tr dev agmt Pm_7714.doc