HomeMy WebLinkAboutReso 216-03 AmdTrAgmt7327DubRchRESOLUTION NO. 216 - 03
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AMENDMENT T° THE
TRACT DEVELOPER AGREEMENT FOR TRACT 7327
DUBLIN RANCH AREA G' ~IG~O~OOD H~2
BY TOLL-DUBLIN, LLC
WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Toll-Dublin, LLC
(hereinatter referred to as "DEVELOPER"), entered into a Tract Developer Agreement (hereinafter
referred to as "AGREEMENT") on November 5, 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
WItEREAS, 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 November 5, 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 0g,xhibit ",A') to the Tract
Developer Agreement for Tract 7327 is hereby approved, extending the completion date by one additional
year, or until November 5, 2004.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the amendment.
PASSED, APPROVED AND ADOPTED this 4th day of November, 2003.
AYES: Councilmembers Oravetz, Sbranti, Zika and Mayor Pro Tempore McCormick
NOES: None
ABSENT: Mayor Lockhart
ABSTAIN: None
K2/G/114-03/reso-7327.doc (Item 4.3)
Mayor Pro Tempore
G:\CC-MTGSX2003-qtr4~Iov\I 1-04-03~reso-7327.doc
EXHIBIT "A" OF
RESOLUTION NO. ~ ]~ - 03
A RESOLUTION OF THE ~iTY COUNCIL
OF THE CITY OF DUBLIN
AMENDMENT TO TRACT DEVELOPER AGREEMENT
FOR TRACT 7327 (DUBLIN RANCH AREA G, NEIGHBORHOOD H-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 November 5, 2002; and
WHEREAS, Section I 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 November 5, 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
November 5, 2004.
Toll-Dublin, LLC
a California Limited Liability Company
Its: Assistant Secretary
Print Name: ~,~.,d-/Yr~
Date
G:\DEVELOP\Dublin RanchLa~reas G\H2 - Tract 7327\Ex 'A' reso amend tr dev agmt_ Tr 7327.doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California '~
County of C-(_')~"~'('/~' ('~')"~0"/ ss.
' Name and ~tle of Officer le.g., "Jane Doe, Nota~ Public")J
Date ~
personally appeared ~ ~,~.r ~ ~- ~ ~ ~ ~ '~
Namets) of Signer(s)
[],¢re~nally known to me
[] proved to me on the basis of satisfactory
evidence
to be the person¢ whose name¢)is/¢
subscribed to the within instrument and
acknowledged to me that he/s~e/th~y executed
the same in his/h~dtlCir authorized
capacity(i~,), and that by his/hcfr/tl~ir
signature¢ on the instrument the person,C), or,
the entity upon behalf of which the pe..r~on¢
acted, executed the instrument. /
'~SS my hand ~seal.
(,.,~'~ --- Signature of Not~ry Public
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Signer Is Representing:
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