HomeMy WebLinkAboutReso 033-02 WindemereTruckAccesRESOLUTION NO. 33 - 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: None
ABSENT: None
ABSTAIN: None
ATTEST:
~ ..... Deputy City Clerk
Councilmembers McCormick, Oravetz and Zika and Mayor Lockhart
Mayor
G:\CC-MTGSk2002-qtr I ~vLa, RCI-B3-19-02~reso-windemere md agmt. doe (Item 4.2)
G:lDEVE. LOPIWindemere~Reso dmend.4grat 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 determin~ation of the improvements required to
remedy the deterioration and the cost therefore shall be conclusive.
ATTEST:
' City Clerk
GADEYELOP~WindemereMgreement Amend Exhibit $-19-02. doc
CITY OF DUBLIN
Date: