HomeMy WebLinkAboutReso 108-89 BJ Dub DA4978 RESOLUTION NO. 108-89
A RESOLUTION OF THE GITY COUNGIL OF THE CITY OF DUBLIN
APPROVING AN AMENDMENT TO THE DEVELOPER AGREEMENT FOR TRACT 4978
AND APPROVING DECLARATION OF RESTRICTIONS
WHEREAS, on March 27, 1989, the City Council approved an
agreement with BJ Dublin Commercial to improve Tract 4978; and
WHEREAS, a Letter of Credit in the amount of $690,000 was
deposited with the City to secure the construction of said improvements; and
WHEREAS, 'the developer wishes to record a Declaration of
Restrictions as security for Tract improvements in lieu of the Letter of
Credit;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Dublin approves the First Amendment to City of Dublin Tract Developer
Agreement (Tract 4978), a copy of which isattached hereto as "Exhibit A," and
authorizes the Mayor to execute
BE IT FURTHER RESOLVED that the City Council authorizes the City
Manager to execute the Declaration o=f Restrictions, a copy of which is
attached to "Exhibit A."
BE IT FURTHER 'RESOLVED that uponrecordation of the Declaration of
Restrictions, the Letter of Credit is released.
PASSED, APPROVED, AND ADOPTED this 25th day of September, 1989.
AYES:
NOES:
Councilmembers Hegarty, Jeffery, Snyder, Vonheeder
and Mayor Moffatt
None
ABSENT: None
ATTEST:
FIRST AMENDMENT TO
CITY OF DUBLIN
TRACT DEVELOPER AGREEMENT
WHEREAS, a Tract Developer Agreement was entered into on March
27, 1989, by and between the City of Dublin ("City") and BJ Dublin
Commercial, Inc. ("Developer"); and
WHEREAS, the City and Developer desire to amend said
Agreement;
NOW, THEREFORE, said Agreement is amended as follows:
A) Delete paragraph 1 and insert in its place paragraph 1
to read as follows:
Developer will commence work required by this
Agreement within sixty (60) days' written notice
from City, and shall complete said work not later
than three hundred sixty-five (365) days following
the date of commencement. Upon completion,
Developer shall furnish City with a complete and
reproducible set of final, as-built plans, including
any authorized modifications."
B) Add the following paragraph at the end of paragraph 2:
"In lieu of the required bonds or letter. of
credit, Developer may record a "Declaration of
Restrictions" in a form acceptable to City, whereby
the Developer covenants not to develop Tract 4978
until the required bonds are furnished."
EXCEPT AS EXPRESSLY AMENDED, the Tract Developer Agreement
shall remain unmodified.
CITY OF DUBLIN
(Signatures continued on next page.)
DEVELOPER:
BJ Dublin Commercial,
a California partnership
By:
H & M Investments, Inc.,
its General Partner
By:
Jo Moore, President
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