HomeMy WebLinkAboutReso 183-03 DubRchAmdAgmtTR7326RESOLLrrlON NO. 183 - 03
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AMENDMENT TO THE TRACT DEVELOPER AGREEMENT
FOR TRACT 7326
(DUBLIN RANCH AREA G, NEIGHBORHOOD H-1 BY TOLL-DUBLIN, LLC)
WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Toll-Dublin, LLC
(hereinafter referred to as "DEVELOPER"), entered into a Tract Developer Agreement (hereinafter
referred to as "AGREEMENT") on September 3, 2002; and
WHEREAS, Section 1 of said AGREEMENT states that DEVELOPER shall complete all
improvem.ems 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 September 3, 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 7326 is hereby approved, extending the
completion date by one additional year, or until September 3, 2004.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the amendment.
PASSED, APPROVED AND ADOPTED this 2nd day of September, 2003.
AYES:
CoUncilmembers McCormick, Oravetz, Sbranti and Zika and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
K2/G/9-2-03/reso-tda7326.doc (Item 4.3)
G:\CC-MTGS~2003 -qtr3\Septk9-02-03~reso-tda7326.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 7326 (DUBLIN RANCH AREA G, NEIGHBORHOOD H-l)
BETWEEN CITY OF DUBLIN AND TOLL-DUBLIN, LLC
WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Toll-DUblin, LLC (hereinafter
referred to as "DEVELOPER"), entered into a Tract Developer Agreement (hereinafter referred to as
AGREEMENT) on September 3, 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 days, or until September 3, 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;
NOW, THEREFORE, the parties hereto agree as follows:
Completion time for the improvement work governed by the AGREEMENT is hereby extended to
September 3, 2004.
Toll-Dublin, LLC
a California Limited Liability Company
Its: Assistant Secretary Date
Print Name: /r~t:t~ /~' /
By:
Its: Assistant Secretary Date
Print Name:
G:XDEVELOPXDublin RanchXAreas GXH1 - Tract 7326\Ex 'A' reso amend tr dev agmt_ Tr 7326.doc