HomeMy WebLinkAboutReso 41-04 DubRchAreaA-1StrtImp RESOLUTION NO. 41 - 04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING SECOND AMENDMENT TO THE TRACT DEVELOPER AGREEMENT
FOR PUBLIC STREET IMPROVEMENTS ASSOCIATED WITH TRACT 7136
(DUBLIN RANCH AREA A-1 BY TOLL BROTHERS, INC.)
WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Toll Brothers, Inc.
(hereinafter referred to as "DEVELOPER"), entered into a Tract Developer Agreement for public street
improvements (hereinafter referred to as "AGREEMENT") on March 19, 2002; and
WHEREAS, Section 1 of said AGREEMENT states that DEVELOPER shall complete all
improvements govemed by the AGREEMENT not later than 365 days following the date of execution;
and
WHEREAS, the AGREEMENT was amended via City Council Resolution No. 44-03 to extend
the completion date to March 19, 2004; and
WHEREAS, the DEVELOPER has requested a second amendment to the AGREEMENT to
extend the completion date by an additional 365 days or until March 19, 2005 to allow the DEVELOPER
time to complete the remaining work; and
VqHEREAS, it is in the best interest of the CITY to extend the completion date of the
AGREEMENT by one year, or until March 19, 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 second amendment (attached hereto as
Exhibit "A" of this Resolution) to the Tract Developer Agreement for Tract 7136 is hereby approved.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute Exhibit "A".
PASSED, APPROVED AND ADOPTED this 16th day of March, 2004.
AYES: Councilmembers McCormick, Oravetz, Sbranti and Zika and Mayor Lockhart
NOES: None
ABSENT: None
ABSTA1N: None
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EXHIBIT. "A" CE
RESOLUTION NO. y./t].,04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
StICOND AMEND1VIENT TO. TRACT DEVELOPER AGREEMENT FOR PUBLIC. STREET
IMPROVEMENTS. ASSOCIATED. WITH TRACT 7136 (DUBLIN RANCH AREA A-I)
BETWEEN CITY. OF. DUBLIN AND. TOLL. BROTHERS, INC..
WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Toll Brothers, Inc.
(hereinafter referred to. as. "DEVELOPER"),. entered into an Tract Developer Agreement for public street
improvements (hereinafter referred to. as "AGREEMENT") on March 19, 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. AGREEMENT was. amended ':ia City Council Resolution No. 44-03 to. extend
the c.ompletion date. to. March 19, 2004; and
WHEREAS, the. DEVELOPER has requested a second amendment to. the. AGREEMENT to
extend the completion date by an additional 365 days or until March 19, 2005 to allow the. DEVELOPER time to
complete the. remaining work;, and
WHEREAS, it is in the best interest of the CITY to extend the completion date. of the
AGREEMENT; and
WHEREAS, this. Amendment hereby incorporams by reference all terms and conditions set forth
in the. AGREEMENT, and all terms and conditions which are not specifically modified b); this. Amendment shall
remain in full force, and effect;, and
NOW, THERElVORE, the parties hereto agree as follows:
Completion time for the. improvement work governed by the AGREEMENT. is herebY extended
365 days or until March 19,. 2005.
CITYfiIF DLrBLIN
ATTEST: ~// M'ayo""r7
.................................................. Print Name:
. ..::.... '.'.:~-.-7:'. '"7:'':.:'.'.~'~:~..:: Title:.
' Date:
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CALIFORNIA ALL;PURPOSE ACK'N:OWLEDGME.NT
~ pem0nally knCwn to me
~ proved to me on the basis of sa~is~cto~
evidence
to be the person¢) whose- na.me~ is/~e
subscribed to th~'within instrument and
acknowledged to me: that ~e/¢/t~y executed
capacity([~), and the( b~ h~s/'~r/t~e~r
signature~ on the ~nstrument the perso~(~, or
' the entity upon behalf' of which the person(~
act~d~ ex~cu~ed the instcument.
'~CONTRA COSTA COUNTY~
Place No~ Seal ~ove · _ ' SignOre of Notaw Public
oPTiONAL
Though the info, at/on below is no~ Yequi~d by la~ ~ may prove valuabt~ to person~ relying on ~e document
and could prevent fraudulent ~moval and rea~achmen~ of this fo~ '~o anofher document.
Description 0lA,ached Document
.Title or Type of Document:
Document Date: Number of Pages:
"Signer(s) Other Than Named Above:
Capacity(ies) Claimed 'by 'Signer
~ Oorporate O~c~r'~ T/fie(s): Top of thumb here
~ Pa~ner ~ Limited ~ General
~ A~orney in Fact
~' Trustee
~ Guardian or'Consewator
~ Other:
Signer is Representing:
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Naiion~.l Notary Association - 8330 De $~:, Ave., P.O. B?r, 2402 - Chalsw~f'lh, GA 91~13-2z~02 * A,w',~.n ati~nalno~ry.o r9 Pred. N::· 5907 ' P, eord ar:. Call To~]-F~ee 'J -80D-E,76-8827