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HomeMy WebLinkAboutReso 184-03 AmdAgmtDubRchTR7325RESOLUTION NO. 184 - 03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN AMENDMENT TO THE TRACT DEVELOPER AGREEMENT FOR TRACT 7325 (DUBLIN RANCH AREA G, NEIGHBORHOOD MH-2 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 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 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 7325 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 G:~CC-MTGSX2003-qtr3~Sepfi9-02-03Xreso-tda7325 .doc EXHIBIT "A" OF RESOLUTION NO./e~Z~ -03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDMENT TO TRACT DEVELOPER AGREEMENT FOR TRACT 7325 (DUBLIN RANCH AREA G, NEIGHBORHOOD MH-2) 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 execution; and WHEREAS, the DEVELOPER has agreed to amend the AGREEMENT to extend the completion date by an additional 365 days, or until September 3, 2004; and WltEREAS, 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 no(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. CITY OF/D~L~ Mayor Daite: Toll-Dublin, LLC a California Limited Liability Company By: /~,/~. ~ Its: Assistant Secretary Date erintName: //'~z"/J'rnt~ t~. ~'~) ATTES~ Date: By: Its: Assistant Secretary Date Print Name: G:XDEVELOP\Dublin Ranch~Areas GXMH2 - Tract 7325XEx 'A' reso amend tr dev agmL Tr 7325.doc