HomeMy WebLinkAboutReso 18-04 DubRchAreaSF,G&H REsOLuTION NO. 18 - 04
A RESOLUTION OF THE CiTY COUNCIL
OF THE CITY OF DUBLIN
APPROVING SECOND AMENDMENT TO THE TRACT DEVELOPER AGREEMENT
FOR TRACT 7148, DUBLIN RANCH AREAS F, G, AND H
(TOLL-DUBLIN, LLC)
WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and DR Acquisitions II, LLC,
entered into a Tract Developer Agreement regarding Tract 7148 (Areas E [Portion], F, G, and H, Dublin
Ranch) (hereinafter referred to as AGREEMENT) on January 16, 2001; and
WHEREAS, on February 8, 2001, DR Acquisitions II, LLC's obligations were transferred to Toll-
Dublin, LLC, a California Limited Liability Company (hereinafter referred to as "DEVELOPER"), via an
Assignment of Tract Developer Agreement authorized by the City Manager; and
WHEREAS, DR Acquisitions II submitted a Letter of Credit as security to guarantee performance,
which was subsequently replaced bY Toll-Dublin, LLC, with bonds in amounts totaling $7,371,158.00 to
secure the obligations under the original Tract Developer Agreement; and
WHEREAS, the City CoUncil accepted the rough grading, street improvements, and traffic signals
via Resolution No. 168-03 on August 5, 2003; and
WHEREAS, the City Council also amended the AGREEMENT via the same Resolution t° reflect a
reduced total security amount of $1,427,400.00 which was sufficient to guarantee the incomplete
landscaping work; and
WHEREAS, Section 1 of said AGREEMENT states that the DEVELOPER shall, complete all
improvements governed by the AGREEMENT not later than three (3) years following the date of the
execution; and
WHEREAS, time limit for completion of work as set forth Section 1 in the AGREEMENT .
expired on January 16, 2004; and
WHEREAS, the DEVELOPER has requested a second amendment to the AGREEMENT. tO
extend the completion date by six (6) additional months or until July 16, 2004, to allow DEVELOPER
time to install electrical services t° the irrigati0n controllers and complete other associated landscape work;
and
WHEREAS, the Public Works Director has reviewed the DEVELOPER's request, and
determined that it is in the City's best interest 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 the amendment
shall remain in full force and effect;
NOW, THEREFORE, BE IT RESOLVED that this second amendment (attached hereto as
Exhibit "A" of this Resolution) to the Tract Development Agreement for Tract' 7148, Dublin Ranch Areas
F, G, and H is hereby approved.
BE IT FURTHER RESOLVED THAT the MayOr is authorized to execute Exhibit "A."
PASSED, APPROVED AND ADOPTED this 3rd day of February, 2004.
AYES: Councilmembers McCormick, Oravetz, Sbranti and Zika, and Mayor Lockhart
NOES: None
AB SENT: None
ATTEST:
G:\CC-MTGSX2004-qtrlXFeb\02-03-04~Reso-2nd amend 7148.doc (Item 4.3)
EXHIBIT ;'A" OF RESOLUTION [9 -04
SECOND AMENDMENT TO THE TRACT DEVELOPER AGREEM~ENT FOR
TRACT 7148 (DUBLIN RANCH AREAS F, G, AND H) BETWEEN
CITY OF DUBLIN AND TOLL-DUBLIN, LLC
WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and DR Acquisitions II, LLC,
entered into a Tract Developer Agreement regarding Tract 7148 (Areas E [Portion J, F, G, and H, Dublin
Ranch) .(hereinafter referred to as AGREEMENT) on January 16, 2001; and
WHEREAS, on February 8, 2001, DR Acquisitions 1I, LLC's obligations were transferred to Toll-
Dublin, LLC, a California Limited Liability Company (hereinafter referred to as "DEVELOPER"), via an
Assignment of Tract DevelOper Agreement authorized by the City Manager; and
WHEREAS, DR Acquisitions II submitted a Letter ofCredit as security to guarantee performance,
which ~vas subsequently replaced by Toll-Dublin, LLC, with bonds in amounts totaling $7,371,158.00 to
secure the obligations under the original Tract Developer Agreement; and
WHEREAS, the AGREEMENT was amended on August 5, 2003 via City Council Resolution No.
168-03 to reflect.3 reduced total security amount of $1,427,400.00 which was sufficient to guarantee the
incomplete landscaping work; and
WHEREAS, Section 1 of said AGREEMENT states that the DEVELOPER shall complete all
improvements governed by the Agreement not later than three (3) years following the date of the execution;
and
WHEREAS, time limit for completion of work as set forth Section 1 in the AGREEMENT expired
on January 16, 2004; and
WHEREAS, the DEVELOPER has requested a second amendment to the AGREEMENT to extend
the completion date by six (6) additional months or until Iuly 16, 2004 to allow the DEVELOPER time to
install electrical services to the irrigation controllers and complete other associated landscape work; and
WHEREAS, this Exhibit "A" hereby incorporates by reference all terms and conditions set forth in
the AGREEMENT, and all terms and conditions which are not specifically modified by the amendment shall
remain in full force and effect;
NOW, THEREFORE, the parties hereto agree as follows:
Completion time for the improvement work governed by Section 1 of the AGREEMENT is hereby
extended six (6) additional months or until July 16, 2004.
CIT¥-4DF DUBLIN
ATTEST: ~[ Mayor
City Clerk
1
EXHIBIT "A" OF RESOLUTION
Toll-Dublin, LLC
A California Limited Liability Company
By.~¢~~ 7~'~'~'~'~'~'~~ ~
Its: Assistant Segretary
By:
Its: Assistant Secretary
Date:
C:\WINDOWS~TEMPEExhibit 'A' 2nd amend tr.dev.agmt_7148.doc 2