HomeMy WebLinkAboutReso 64-04 DevAgmtTr7279 RESOLUTION NO. 64 - 04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING SECOND AMENDMENT TO THE
TRACT DEVELOPER AGREEMENT FOR TRACT 7279
(TASSAJARA CREEK, PHASE II, BY GHC INVESTMENTS, LLC)
WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and GHC Investments, LLC
(hereinafter referred to as "DEVELOPER"), entered into a Tract Developer Agreement (hereinafter
referred to as "AGREEMENT") on October 16, 2001, pursuant to City Council Resolution No. 178-01;
and
WHEREAS, Section 1 of said AGREEMENT states that DEVELOPER shall complete all
improvements governed by the AGREEMENT no later than 548 days following the date of execution; and
WHEREAS, the AGREEMENT was amended via City Council Resolution No. 43-03 to extend
the completion date to April 16, 2004; and
WHEREAS, the DEVELOPER has requested a second amendment to the AGREEMENT to
extend the completion date by an additional 6 months, or until October 16, 2004, 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 6 months, or until October 16, 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 second amendment (attached hereto as
Exhibit "A" of this Resolution) to the Tract Developer Agreement for Tract 7279 is hereby approved.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute Exhibit "A".
PASSED, APPROVED AND ADOPTED this 20th day of April, 2004.
AYES: Councilmembers McCormick, Oravetz, Sbranti and Zika and Mayor Lockhart
NOES: None
ABSENT: None
ATTEST:
K2/G/4-20-04/reso-trac~279-GHC.doc (Item 4.6) GSDEVELOP\Greenbriar~Tassajara CreekXreso 2nd amend tr dcv agrat Tr 7279.doc
EXHIBIT "A" OF . '
RESOLUTION NO. ~ 4 -04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
SECOND AMENDMENT TO TRACT DEVELOPER AGREEMENT
FOR TRACT 7279 (TASSAJARA CREEK, PHASE II - GREENBRIAR)
BETWEEN CITY OF DUBLIN AND GHC INVESTMENTS, LLC
WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and GHC Investments, LLC
(hereinafter referred to as "DEVELOPER"), entered into an Tract Developer Agreement (hereinafter referred to as
AGREEMENT) on October 16, 2001 pursuant to City Council Resolution No. 178-01; and
WHEREAS, Section 1 of said AGREEMENT states that the DEVELOPER shall complete all
improvements governed by the AGREEMENT not later than 548 days following the date of the execution; and
WHEREAS, the AGREEMENT was previously amended via City Council Resolution No. 43-03
to extend the completion date to April 16, 2004; and
WHEREAS, the DEVELOPER has requested a second amendment to the AGREEMENT to
extend the completion date by an additional 6 months or until October 16, 2004 to allow the DEVELOPER time to
complete the remaining, work; and
WtW~REAS, 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; and
NOW, THEREFORE, the parties hereto agree as follows:
Completion time for the improvement work governed by the AGREEMENT is hereby extended an
additional 6 months or until October 16, 2004.
~.~~~,~-~-~ GHC Investments, LLC
J ~it~Clerk ~ k. A Delaware Limited Liability Company
By: Greenbriar Homes Communities, Inc.
A California Corporation, Its Man~ager
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