HomeMy WebLinkAboutReso 164-04 TDA DubRchTr7325
RESOLUTION NO. 164 - 04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING SECOND AMENDMENT TO THE
TRACT DEVELOPER AGREEMENT FOR TRACT 7325
(DUBLIN RANCH AREA G, NEIGHBORHOOD MH-2, 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. 184-03 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 7325 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
d
ABSTAIN: None
ATIEST: ~~d-
K2/G/8-I7-04/reso~ 7325.doc (Item 4.5)
Mayor
EXHIBIT "A" OF
RESOLUTION NO. M- 04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
**********
SECOND. AMENDMENT TO TRACT DEVELOPER AGREEMENT
FOR TRACT 7325 (DUBLIN RANCH AREA G, NEIGHBORHOOD MH-2)
BET"WEEN 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 execution; and
WHEREAS, the AGREEMENT was previously amended via City Council Resolution No. 1 84~03 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 AGREEMENI'; and
WHEREAS, this Amendment hereby incorporates by reference all terms and conditions set forth in the
AGREEMENT, and all tenns 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.
a¡Jð!o4
. t
Toll-Dublin, LLC .~.:.:\;
a California Limited Liability Company ~ : : : : :: : : : : : : : :
By: ~)¡:~ A T'') '7 ð¥ :::::::::::::;:::
Its: Assistant Secre~ Date . . . . . . . ,"'
Print Name: f=ÍH¿(/t.-4· AJ. ...He4-e.ul't!L'
. . . II . . . .
. I II . . , . I .
I. . . . . . .
. . . ~ , . . . .
CITY
By:
Its: Assistant Secretary Date
Date:
Print Name:
G:\DEVELO?\Dublin Ranch\Area G\MH2 - Tract 7325\& 'A' r~so 2nd amend tr dev agmt_ Tr 7325.doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
A J..A-IYlGbA
}ss
1-éJ..7_QLL
On T
, before me,
-3
¡J.
m olJr6/lo
Nam. and TItI. of Officer ~,,_g_, . Jane Doe. NotBry Public")
/YJ c.. 6-u I iGe
Name(s) of 5Igne¡jo)
~personallY known to me
o proved to me· on the basis of satisfactory
evidence
D~I"
SH 61 L:Â
personally appeared
~ ~ - .'J~ MOÑrÊRO - - ,
O@ COMM.' '''76082 ~
CJ - ~. NOTARY PUBLlc-cAUFORNIA Ii)
~ - ALAMEDA COUNTY 0
) . COMM EXP. APRIL 5. 2008 oA
~ - ~ - - ~ ~ - ~ - ~ ~ - t
to be the person(s) whose name(s) Is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of whigtLt~ person(s)
acted, executed the InstruO)érít. -"'<.
\
\
, Plsoa Notary Seal Above
~,
I
. OPTIONAL
Though the Information below is not required by law, it mBY proVB valuable to persons relying on the_document
and could prevant fraudulent removal and reattachment of this form to another documant.
,~
Description of Attached Document "I) ¥
Title or Type of Document: t;; 'I HI A ¡ T ~
? -,;;{ ì-O f
Document Date:
Number of Pages: )
Slgner(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
RIGI-I r-THUMBPRINT
OF EIGNER
Top of thumb he,.
Signer Is Representing:
·1
C 19Ð\ Nationol NOlory Aoooci.tion . 9950 00> Solo Avo.. P.O. ao. 241)2 . Cha.....oth. CA 91313-2402 . www.NI.ionoInOblry.org
PlOd. No. 6Ð07
AoordeIr: Call ToII-Ft., 1~Ð00-87(j-6827