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HomeMy WebLinkAboutReso 096-01 DR AcqReleasLtr7148RESOLUTION NO. 96 - 01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN RELEASING LETTER OF CREDIT SECURING TRACT DEVELOPER AGREEMENT FOR TRACT 7148 WHEREAS, on Janua~ 16, 2001, the Council approved the Final Tract Map for Tract 7148 (Dublin Ranch, Areas F, G and H); and WHEREAS, the developer of Tract 7148, DR Acquisitions II, LLC, entered into a Tract Developer Agreement with the City to secure the required improvements and provided the City with Letter of Credit No. SB017542, drawn on Sanwa Bank in the amount of $7,371,160, with DR Acquisitions II, LLC, as the "accountee" on such letter of Credit, to secure the obligations of the Tract Developer Agreement; and WHEREAS, in February, DR Acquisitions II, LL, transferred its interest in certain property within Area G to Toll-Dublin, LL, and assigned its obligations under the Tract Developer Agreement to Toll- Dublin, LLC; and WHEREAS, Toll-Dublin, LLC, provided the City with bonds in the amount of $7,371,160 to secure its obligations under the Tract Developer Agreement and the assignment has been approved by the City; and WHEREAS, it is appropriate to release the Letter of Credit that was provided by DR Acquisitio~ II now that the City has security in the form of bonds from DR Acquisitions IFs assignee, Toll-Dublin, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of DUblin hereby pertifies that the accountee has fulfilled the obligations under the terms of that certain Tract Developer Agreement dated January 16, 2001. The amount of the Letter of Credit No. SB017542 issued by Sanwa Bank California may therefore be released in its entirety to the accountee. PASSED, APPROVED AND ADOPTED this 19th day of June, 2001. AYES: Councilmembers Lockhart, McCormick, Oravetz, Zika and Mayor Houston NOES: None AB SENT: None ABSTAIN: None ATTEST:~~ ~' C\/[ itVCl~k K2/G/6-19-01/reS°-tr J )acP/148.d°c(I, em 4.22) g:\devolopklublin ranch\area G~reso letter of credit