HomeMy WebLinkAboutReso 42-04 DubRchAreaA-1Landsca RESOLUTION NO. 42 - 04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING SECOND AMENDMENT TO THE TRACT DEVELOPER AGREEMENT FOR
PUBLIC LANDSCAPE 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
landscape improvements (hereinatter referred to as "AGREEMENT") on March 19, 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, the AGREEMENT was amended via City Council Resolution No. 45-03 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
WHEREAS, it is in the best interest of the CITY to extend the completion date of the
AGREEMENT by one year, or until March I9, 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 this 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
ATTEST: ~-~
rkTM ~
K2/G/3-16-04/reso-7136landscape.doc (Item 4.8)
G:XDEVELOPXDublin Ranch~rea AL~-I Tract 7136Xreso 2nd amend tda Tr 7136 landscape.doc
EXHIBIT "A" OF
RESOLUTION NO. ~/~-.~-04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
SECOND AMENDMENT TO T~CT DE.LOPER AG~EMENT FOR PUBLIC L~SCAPE
~PRO~MENTS ASSOCIATED ~TH T~CT 7136 ~UBLIN ~CH ~A A-l)
BET~EN CITY OF DUBLIN ~ TOLL BROT~RS, INC.
~~AS, the CiW of Dublin (hereinafter refe~ed to as "C~Y") and Toll Brothers, ~c.
(hereinafter refe~ed to as "DE.LOPER'), entered into an Tract Developer A~eement for public landscape
improvements (hereinafter refe~ed to as "AG~EMENT") on March 19, 2002; and
WHE~AS, Section 1 of said AG~EMENT states that the DEVELOPER shall complete all
improvements governed by the AG~E~ not later than 365 days following ~e date of the execution; and
~E~AS, the AG~EME~ was amended via Ci~ Co~cil Resolution No. 45-03 to extend
the completion date to March 19, 2004; and
W~E~AS, the DEVELOPER has requested a second amendment to the AG~EMENT to
extend the completion date by an additional 365 days or until March 19, 2005 to allow the DEVELOPER time to
complete the re~ining work; and
WHE~AS, it is in ~he best interest of the CITY to extend the completion date of the
AG~EME~; and
-W~AS, this Amen~ent hereby mco~orates by reference all te~s and conditions set fo~h
in the AG~EMENT. and all te~s and conditions which are not specifically modified by this ~endment shall
re~in in ~11 force and effect; and
NOW, T~FO~, the panics hereto a~ee as follows:
Completion time for the improvement work governed by the AG~EMENT is hereby extended
365 days or ~til March 19, 2005.
C~ OF D~L~ ~/
Print Name: ~- ~0a ~~ a~
G:\DEVELOP~Dublin RanchXArea AXA-1 Tract 7136\Ex 'A' 2nd amend landscape tr dev agrm Tr 7136.doc
CALIFORNIA ALL'~PURPOSE ACKNOWLEDGMENT
'State of CalifOrnia"
" ' ' ~me(s) M Signbr(s) . . .
~onally known to me
~ proved to me on the ~asis of satisfacto~
evidence
to be the person~whose na.me~is/,~
~~ Comm~ · 142~i .~. acknowledged to me, that he~ executed
'. ~~ ~o~Pu~c.-Coaf~ ~- the same in his/~ authorized
]%~' Con,oCeaniC '[ capacity~, and tha{ b~ his~
~ ~ My c~m. b~s ~ ] ~, 2~7~ Signature(~ on the instrument the person~, or
~'-~-- ~-~ ' the.entit~uP0n'behalfofWhJchtheperson~
acted, executed the instrument.
.~i~S my hand ¢~at seal-.
oPTIONAL
Though the info~afion be/ow is no~ requireE by la~ J may p~ve Vsluab/e fo pe~ons rel~ng,~n ~e 'document
and c~utd p~venf fraudu/ent ~moval and rea~achment of Jh]¢ fo~ '¢0 anofhek documenL
.~itte or Type of Document:_. _ _ ;~ ~
'Signer(C) O~er Than Named Above:
Capacity(les) Olaimed by Signer
Signer's ,Name:
~ Individual ' Top of thumb here
~' Corporate Offlcer'~ Ti.tie(s):
~ Pa~er ~ ~ Limited ~ General
~ A~orney in Fa~
~' Trustee
~ Guardian or Conse~ator
~ bther:
ign~r Is R~pr~s~nting: