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RESOLUTION NO. 215 - 04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING SECOND AMENDMENT TO THE TRACT DEVELOPER AGREEMENT
FOR TRACT 7327 DUBLIN RANCH AREA G, NEIGHBORHOOD H-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 November 5,2002; 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 previously amended via City Council Resolution No. 216-03 to
extend the completion date to November 5,2004; and
WHEREAS, the DEVELOPER has requested a second amendment to the AGREEMENT to extend
the completion date by an additional one year or until November 5, 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; 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 7327, Dublin Ranch Area G,
Neighborhood H-2, is hereby approved.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute Exhibit "A" in duplicate.
PASSED, APPROVED AND ADOPTED this 2nd day of November, 2004.
AYES: Councilmembers McCormick, Oravetz, Sbranti, and Zika, and Mayor Lockhart
NOES: None
ABSENT: None
ATTEST:
ABSTAIN: None
H:\CC~MTGS\reso 2nd amend tr dev agmt_ Tr 7327.doc(Item 4.5)
EXHIBIT "A" OF .
RESOLUTION NO.1Ji - 04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
**********
SECOND AMENDMENT TO TRACT DEVELOPER AGREEMENT
FOR TRACT 7327 (DUBLIN RANCH AREA G, NEIGHBORHOOD B-2)
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 November 5, 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. 216-03 to
extend the completion date to November 5, 2004; and
WHEREAS, the DEVELOPER has requested a second amendment to the AGREEMENT to extend the
completion date by an additional·one year or until November 5, 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; 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, the parties hereto agree as follows:
Completion time for the improvement work governed by the AGREEMENT is hereby extended to
November 5,2005.
CITY OF DUBLIN
Mayor
By:
Its: Secretary ate
.M)(r<~r VlG.. pt4SI0~1~'{
PrintName: .J~~ C,,· .)c(~NÛ~
Date:
ATTEST:
City Clerk
Date:
G:\DEVELOP\Dublin Ranch\Area G\H2 - Tract 7327\Ex 'A' reso 2nd amend tr dev agmt_ Tr 7327.doc
CALIFORNIA ALL..PURPOSE ACKNOWLEDGMENT
County of
State of California
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personally appeared
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JfAN R, WESTPHAL
a· Commission # 1463651
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to be the person(s) whose nameǡt) is/~
subscribed to the within instrument and
acknowledged to me that he/sAeAAey executed
the same in his/~ir authorized
capacity(iM), and that by his/hef..l#teir
signature~) on the instrument the personJ,s), or
the entity upon behalf of which the person~
acted, executed the instrument.
OPTIONAL
Though the information below is not required by law, It may prove valuable to persons mlying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: ~ ¿)~~ ~
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Document Date: 1&/õ79'¥
Signer(s) Other Than Named Above:
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Number of Pages: /
Capacity(les) Claimed by Signer
Signer's Name:
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Signer Is Representing:
01999 National Notary Aozocl8tion' 9350 De Soto Ave.. P.O. ßOJ< 2402' Chataworth. CA 91313-2402. www.natlonalnotary.org
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