HomeMy WebLinkAboutReso 163-04 TDA DubRchAreaG
RESOLUTION NO. 163 - 04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING SECOND AMENDMENT TO THE
TRACT DEVELOPER AGREEMENT FOR TRACT 7326
(DUBLIN RANCH AREA G, NEIGHBORHOOD H-l
BY TOLL-DUBLIN, LLC)
WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Toll-Dublin, LLC
(hereinafter referred to as "DEVELOPER"), entered into a Tract Developer Agreement (hereinafter
referred to as "AGREEMENT') on September 3,2002; 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. 183~03 to
extend the completion date to September 3,2004; and
WHEREAS, the DEVELOPER has requested a second amendment to the AGREEMENT to
extend the completion date by an additional two years, or until September 3,2006, 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; 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 7326 is hereby approved.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute Exhibit "A".
PASSED, APPROVED AND ADOPTED this 17th day of August, 2004.
AYES: Councilmembers McCormick, Oravetz, Sbranti, Zika and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
K2/G/8-17-04/reso-7326.doc (Item 4.4)
EXHIBIT "A" OF
RESOLUTION NO.102L -04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
**********
SECOND AMENDMENT TO TRACT DEVELOPER AGREEMENT
FOR TRACT 7326 (DUBLIN RANCH AREA G, NEIGHBORHOOD H-l)
BETWEEN CITY OF DUBLIN AND TOLL-DUBLIN, LLC
WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Toll-Dublin, LLC (hereinafter
referred to as "DEVELOPER"), entered into a Tract Developer Agreement (hereinafter referred to as
AGREEMENT) on September 3, 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 previously amended via City Council Resolution No. 183-03 to
extend the completion date to September 3,2004; and
WHEREAS, the DEVELOPER has requested a second amendment to the AGREEMENT to
extend the completion date by an additional two years or until September. 3,2006 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 incorporates by reference all terms and cOhditions 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, the parties hereto agree as follows:
Completion time for the improvement work governed by the AGREEMENT is hereby extended to
September 3, 2006.
CITY OF
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Toll-Dublin, LLC
a Ca{!ia Limited Liability co:p.. any
By: J!aJ~ =(--¡C¡-of
Its: Assistant Secretary \ Date
Mayor
Date:
Print Name:
kN1lftJ1v^( J. CfAiq
ATTEST:
By:
Its: Assistant Secretary
Date
Date:
Print Name:
G:\DEVELOP\Dublin Ranch\Area G\H 1 - Tract 7326\Ex 'A' reso 2nd amend tr dev agmt_ Tr 7326.doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
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