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Home My WebLink About4.02 WindemereTruckAmendCITY CLERK FILE # 600-30 AGENDA STATEMENT CITY COUNCIL MEETING DATE: March 19, 2002 SUBJECT: Amendment to Construction Truck Access Agreement with Windemere BLC Land Company LLC, A California Limited Liability Company Report Prepared by: Lee Thompson, Public Works Director ATTACHMENTS: 1) Resolution 2) ' Original Agreement RECOMMENDATION: 1) 2) Adopt resolution approving the proposed amendment to the current Construction Truck Access Agreement with Windemere BLC Land Company LLC Authorize the Mayor to execute the agreement FINANCIAL STATEMENT: The developer of the Windemere Ranch project, located within Contra Costa County, intends to continue using Dougherty Road within the City of Dublin as the only truck access route to haul heavy equipment and materials to the project site through April 2002. Under the current agreement, the developer agreed to compensate the City for any pavement damage to Dougherty Road within Dublin caused by the project truck trips to the site during Phase One construction. Concurrent with the execution of the amendment to this agreement, the developer shall extend the bond term limit for the $200,000 Faithful Performance Bond to April 2002 to guarantee compensation for pavement damage to Dougherty Road. In addition, the developer will be required to reimburse all City .costs for conducting random counts of Phase One trucks on Dougherty Road and periodic street surveys for any pavement deterioration. DESCRIPTION: The City entered into a Construction Truck Access Agreement with Windemere BLC in November 2001, which granted this developer permission to access the Windemere Ranch Phase One Development within Contra Costa County via Dougherty Road in Dublin to haul heavy equipment and materials to the project site. Section 11 of the agreement specified that the agreement shall COPIES TO: Brian Olin, Lennar Communities Teri Rie, Contra Costa County ff.L G:\DEVELOP\WindemereXAgSt_Windemere__03 -02 extension.doc terminate when the developer has completed construction of the northern access road extension to North Bollinger Canyon Road (see Attachment 2) or March 31, 2002, whichever occurs first. Windemere BLC has recently informed City Staff that due to delays with construction, the northern access extension would not be completed by March 31, 2002, and that construction trucks would still need to use Dougherty Road to access the project site through April 2002. Windemere BLC has requested an amendment to the Current truck access agreement with the City to extend the termination of the agreement until the developer has completed the northern access via North Bollinger Canyon Road or April 31, 2002, whichever occurs first. The original agreement specified that the developer would compensate the City for any Pavement damage to Dougherty Road caused by Phase One project trips to the site. This compensation is guaranteed by extending the faithful performance bond in the amount of $200,000 that was previously issued in favor of the City with the original agreement in November 2001~ Staff recommends that the City Council adopt the resolution approving the proposed amendment to the current Construction Truck Access Agreement with Windemere BLC Land Company LLC and authorize the Mayor to execute the agreement. Page 2 RESOLUTION NO. - 02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENT TO AGREEMENT WITH WINDEMERE BLC LAND COMPANY LLC WHEREAS, the City of Dublin, hereinafter referred to as "CITY", entered into a Construction Truck Access. Agreement with Windemere BLC Land Company LLC, A California Limited Liability Company, hereinafter referred to as "DEVELOPER", on November 6, 2001; and WHEREAS, Section 11 of the Agreement specified that the Agreement shall terminate when DEVELOPER has completed construction of the northern access road extension to North Bollinger Canyon Road or March 31, 2002, whichever occurs first; and WHEREAS, DEVELOPER has not completed the northern access road extension to North Bollinger Canyon Road; and WHEREAS, the term of the Agreement is proposed to be amended to extend the term of the Agreement until DEVELOPER has completed the northern access road extension to North Bollinger Canyon Road or until April 30, 2002, whichever occurs earlier; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Amendment to the Agreement (extension of term) with Windemere BLC Land Company LLC, which is attached hereto as "Exhibit A." PASSED, APPROVED AND ADOPTED this 19th day of March, 2002. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk G:lDEVELOPIWindernerelReso Amend Agmt Windemere 3-19-02. doc EXHIBIT "A" OF RESOLUTION -02 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND WINDEMERE BLC LAND COMPANY LLC WHEREAS, the City of Dublin, hereinafter referred to as "CITY", entered into a Construction Truck Access Agreement with Windemere BLC Land Company LLC, A California Limited Liability Company, hereinafter referred to as "DEVELOPER", on November 6, 2001; and WHEREAS, said agreement terminates when DEVELOPER has completed the northern access road extension to North Bollinger Canyon Road or March 31, 2002, whichever occurs earlier; and WHEREAS, DEVELOPER has not completed the northern access road extensiOn to North Bollinger Canyon Road; and WHEREAS, DEVELOPER and CITY wish to extend the term of said agreement to terminate when DEVELOPER has completed the northern access road extension to North Bollinger Canyon Road or April 30, 2002, whichever occurs earlier; NOW, THEREFORE, the parties hereto agree as follows: (1) The term of the agreement shall be extended to terminate when DEVELOPER has completed the northern access road extension to North Bollinger Canyon Road or April 30, 2002, which ever occurs earlier. (2) DEVELOPER shall survey Dougherty Road prior to April 6, 2002, or as approved otherwise by CITY, to determine the extent of pavement deterioration. DEVELOPER shall furnish to CITY written documentation and videotapes of pavement conditions and deterioration on Dougherty Road. CITY will consult with DEVELOPER regarding the pavement deterioration, the improvements required to remedy it and the cost thereof, but CITY's determination of the improvements required to remedy the deterioration and the cost therefore shall be conclusive. CITY OF DUBLIN ATTEST: Mayor City Clerk WINDEMERE BLC LAND COMPANY LLC G:~DEVELOPIWindemereMgreernent Amend Exhibit 3-19-02.doc Date: CITY OF DUBLIN CONSTRUCTION TRUCK ACCESS AGREEMENT This agreement is made and entered into this~ day of,./~J., 2001, by and between the City of Dublin, a municipal corporation, hereinafter referred'to as "CITY", and Windemere BLC Land Company LLC, A California Limited Liability Company, hereinafter referred to as "DEVELOPER". WITNESSETH WHEREAS, CITY and DEVELOPER entered into a Construction Truck Access Agreement on June 5, 2000, and said'agreement terminated on October 31, 2001; and WHEREAS,. it has been determined by .CITY that DEVELOPER desires to continue using Dougherty Road within the jurisdictional limits of CITY as the only truck access route to haul heavy equipment and materials to the proposed Windemere Ranch project, located within the 'County of Contra Costa, to perform on- and off-site mass grading and improvements, including Bollinger Canyon Road improvements, North Boilinger Canyon Road extension, Alamo Creek bridge and culverts improvements, water improvements, fire facilities, Partial sanitary sewer and-storm drain, underground, utilities, street improvements, and landscaping and lighting; and WHEREAS, Phase One of the Windemere Ranch project consists of a General Plan and Specific Plan Amendment, Rezoning, Preliminary Development Plan, Final Development Plans and Vesting Tentative Maps for 2,249 residential units, as approved by Contra Costa County on November 19, 1996 (?Phase One"); and WHEREAS, DEVELOPER intends to make an average of 13 truck deliveries per day to the project site between November 1, 2001 'and March-31, 2002 for continuation of grading and construction for .Phase One; and WHEREAS, DEVELOPER intends to complete construction of the northern access road extension to the project site by March 31 ,. 2002; and WHEREAS, condition 278 of the Conditions of Approval of Subdivision 7976 and Development Plan 95-3064 requires DEVELOPER to enter into an agreement with CITY to mitigate construction traffic on roads within CI'TY and to provide a bond to secure such obligation; NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein contained, the parties agree as follows: Construction Truck Access Agreement City'of Dublin / Windemere BLC Land Company Section 1. DEVELOPER may continue to operate construction trucks on Dougherty Road within the City of Dublin to and from the project site for Phase One from 9:00 a.m. to 4:00 p.m., Monday through Saturday only. Section 2. CITY will conduct random counts of DEVELOPER's'trucks on Dougherty Road to verify reasonable compliance with average daily estimates of truck deliveries per day. Section 3. DEVELOPER shall submit to CITY a construction truck access plan pdor to March 31, 2002 to cover the remaining pedod after March 31, 2002 to complete grading and construction for Phase One for CITY review and approval. Section 4. DEVELOPER agrees to compensate CITY for all direct and indirect damage to Dougherty Road within Dublin caused by Phase One truck tdps, as set forth below. Section 5. DEVELQPER shall survey Dougherty Road immediately after this agreement is executed and before termination of this agreement to determine the extent of pavement deterioration. DEVELOPER shall furnish to CITY wdtten documentation and videotapes of pavement .conditions and deterioration on Dougherty Road. CITY will consult with DEVELOPER regardi.ng the pavement deterioration, the improvements required to remedy it and the cost thereof but. CiTY's determination of the improvements required to remedy the deterioration and the cost therefore shall be conclusive. Section 6. DEVELOPER agrees to reimburse all CITY costs incurred in conducting random counts of project trucks and surveying pavement deterioration on Dougherty Road during the period of this :agreement. Section 7. Concurrently with the execution of this Agreement, DEVELOPER shall furnish CITY with a Faithful Performance Bond conditioned upon the faithful performance of DEVELOPER's obligations under this Agreement. The bond shall be in a 'form prescribed by C~TY, and shall be issued by a company duly and legally licensed to conduct a general surety business in the State of California. The bond shall become a part of this Agreement. bond shall be in the penal sum of TWO HUNDRED THOUSAND DOLLARS The ($200,000). Section 8. This Agreement shall not be assigned by DEVELOPER without the wdtten consent of CITY. Section 9. DEVELOPER shall be responsible for any and all loss, accident, neglect,' injury or damage to person, life Or property which may be.the result of or may be caused by DEVELOPER's use of Dougherty Road, and for which CITY might be held liable. DEVELOPER Shall indemnify the City of Dublin, the City Council, the City Engineer and/or any officer,.agent or employee of the City, and save them harmless in every way from and defend all suits or actions at law for damage or injury to persons, life or property that may arise or be occasioned in any way arising out of DEVELOPER's actions under this Agreement including DEVELOPER's contractors, agents and employees. Construction Truck Access Agreement City. of Dublin'/Windemere BLC Land Company October 30, 2001 Page 2 of 3 Section 10. In the event that legal action is instituted by either party to this Agreement, and said action seeks damages for breach of this Agreement or seeks to specifically enforce the terms of this Agreement, and, in the event judgment is entered in said action, the prevailing p.arty shall be entitled to recover its attorneys' fees and court costs. Section 11. This agreement shall terminate when DEVELOPER has. completed the northern access road extension to North Bollinger Canyon Road orMamh 31~, 2002;"which ever occurs eadier. Section 12. This agreement shall satisfy DEVELOPER's obligation under Condition 278 of Conditions of Approval for Subdivision 7976 until the agreement terminates pursuant to Section 11. Thereafter, DEVELOPER shall enter into a new agreement.with CITY for use of Doagherty Road in Dublin for truck traffic. IN WITNESS WHEREOF, the parties hereto have' eXecuted this Agreement in duplicate at Dublin, California, the day and year first above written. G:\DEVELOP\Windemere\Truck access agmLRenewed.doc CITY OF DUBLIN //: ' Mayor DEVELOPER Construction Truck Access Agreement City of Dublin / Windemere BLC Land Company OCtober 30, 2001 Page 3 of 3