HomeMy WebLinkAboutReso 127-06 Windemere 4thAmend TrkAccess
RESOLUTION NO. 127 - 06
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING FOURTH AMENDMENT TO AGREEMENT BETWEEN
THE 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 October 15, 2002; and
WHEREAS, said Agreement specified a termination date of June 30, 2003, and
WHEREAS, said Agreement was amended on June 17,2003, to extend the term of the Agreement
to June 30, 2004, allowing DEVELOPER to use Dougherty Road within the jurisdictional limits of CITY
as the main truck access route to haul heavy aggregate base, concrete and asphalt materials to the
Windemere Ranch project site to complete Phase lB project improvements and construct new roads for
Phase 2 improvements in Fiscal Year 2003~2004, and
WHEREAS, DEVELOPER completed the Phase IB and Phase 2 project improvements in Fiscal
Year 2003-2004, and
WHEREAS, said Agreement was amended for a second time on June 15, 2004, to extend the
term of the Agreement to June 30, 2005, allowing DEVELOPER to use Dougherty Road within the
jurisdictional limits of CITY as the main truck access route to haul rocking, concrete and paving materials
to construct new roads for Phase 4 project improvements in Fiscal Year 2004-2005, and
WHEREAS, DEVELOPER completed construction of roads for Phase 4 project improvements;
and
WHEREAS, said Agreement was amended for a third time on June 21, 2005, to extend the term
of the Agreement to June 30, 2006, allowing DEVELOPER to use Dougherty Road within the
jurisdictional limits of CITY as the main truck access route to transport materials to build homes for Phase
4 project improvements and haul rocking, concrete and paving materials to construct new roads for Phase
5 improvements in Fiscal Year 2005-2006, and
WHEREAS, DEVELOPER partially completed building homes for Phase 4 and constructing new
roads for Phase 5 in Fiscal Year 2005-2006, and
WHEREAS, DEVELOPER plans to continue building homes for Phase 4, finish constructing
roads for Phase 5, construct new roads for Phase 3 (as the last phase ofthe project), and build homes for
Phases 3 and 5 in fiscal year 2006-2007; and
Reso 127-<)6, Adopted 6/20/06, !tern No. 8.1
Pap;e I of2
WHEREAS, DEVELOPER desires to use Dougherty Road within CITY to transport materials
to build homes and haul rocking, concrete and paving materials to construct new roads in Fiscal Year
2006-2007, and
WHEREAS, truck deliveries along Dougherty Road within CITY could reach an average of 50
trucks per day on certain days in Fiscal Year 2006-2007, and
WHEREAS, the term of the Agreement is proposed to be extended to terminate on June 30, 2007
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the Fourth Amendment to the Agreement with Windemere BLC Land Company, LLC,
attached hereto as "Exhibit A"
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the Amendment.
PASSED, APPROVED AND ADOPTED this 20th day of June, 2006, by the following vote.
A YES Councilmembers Hildenbrand, McCormick, Oravetz and Zika, and Mayor Lockhart
NOES None
ABSENT None
ABSTAIN None
ATTESTA
~
Reso 127-06, AdoplCd 6/20/06, Item No. 8.1
Pap;e 2 of2
EXHIBIT "A" OF RESOLUTION!>? -06
FOURTH AMENDMENT TO AGREEMENT
BETWEEN CITY OF DUBLIN AND
~NDEMEREBLCLANDCOMPANYLLC
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 October 15, 2002; and
WHEREAS, said Agreement specified a termination date of June 30, 2003, and
WHEREAS, said Agreement was amcnded on June 17,2003 to extend the term of the Agreement
to June 30, 2004, allowing DEVELOPER to use Dougherty Road within the jurisdietionallimits of CITY
as the main truck access route to haul heavy aggregate base, concrete and asphalt materials to the
Wind em ere Ranch project site to complete Phase I B project improvements and construct new roads for
Phase 2 improvements in fiscal year 2003-2004, and
WHEREAS, DEVELOPER complet~d the Phase 1B and Phase 2 project improvements in fiscal
year 2003-2004, and
WHEREAS, said Agreement was amended for a second time on June 15,200410 extend the term
of the Agreement to June 30, 2005, allowing DEVELOPER to use Dougherty Road within the
jurisdictional limits of CITY as the main truck access route to haul rocking, concrete and paving matcrials
to construct new roads for Phase 4 proj~cl improvements in fiscal year 2004.2005, and
WHEREAS, DEVELOPER completed construction of roads for Phase 4 project improvements;
and
WHEREAS, DEVELOPER has met its fair-share obligations to mItigate truck traffic impacts
identifi~d by CITY on Dougherty Road in fiscal years 2002-2003, 2003"2004 and 20U4-2005, and
WHEREAS, DEVELOPER contributed cash payment to CITY in June 2004 and June 2005 to
~over the incremental cost of increasing the frequcncy of street sweeping on Dougherty Road within
CITY from the normal interval of twice-a-month to once"a"weck in fiscal years 2004-2005 and 2005-
2006 as a result of anticipated truck traffic ITOm the project; and
WHEREAS, said Agreement was amended for a third time on June 21, 2005 to extend the term of
the Agreement to June 30, 2006, allowing DEVELOPER to use Dougherty Road within the jurisdictional
limits of CITY as the main truck access route to transport materials to build homes for Phase 4 project
improvements and haul rocking, concrete and paving materials to construct new roads for Phase 5
improvcmcnts in fiscal year 2005-2006, and
WHEREAS, DEVELOPER partially completed building homes for Phase 4 and constructing new
roads for Phase 5 in fiscal year 2005-2U06; and
Fourth Amendment to
Construction Truck Access Agreement
] of]
WHEREAS, DEVELOPER plans to continue building homes for Phase 4, finish constructing
TOads for Phase 5, construct new roads for Phase 3 (as the last phase of the project), and build homes for
Phases 3 and 5 in fiscal year 2006-2007; and
WHEREAS, DEVELOPER dcsires to use Dougherty Road within CITY to transport materials to
build homes and haul rocking, concrete and paving materials to construct new roads in tiscal year 2006-
2007,and
WHEREAS, truck deliveries along Dougherty Road within CITY could reach an average of 50
trucks per day on certain days in fiscal year 2006-2007, and
WHEREAS, CITY has determined that truck traffic from the project will require maintaining the
frequency of street sweeping on Dougherty Road within CITY at the current interval of once-a-week (or
52 times a year) in fiscal year 2006-2007; and
WHEREAS, DEVELOPER has agreed to make cash payment to CITY in the amount of $634 to
cover the cost of maintaining the frequency of strect sweeping on Dougherty Road within CITY at the
current interval of once-a-week in fiscal year 2006-2007, and
WHEREAS, CITY has conducted a tield review and identitled impacts on pavement conditions
on Dougherty Road within CITY, which are determined to be caused, in part, by truck traffic from thc
project in fiscal year 2005-2006; and
WHEREAS, DEVELOPER and CITY wish to extend the tcrm of said Agreement to terminate on
June 30, 2007;
NOW, THEREFORE, the parties hereto agrec to amend said Agreement as follows:
(1) The term "fthe Agreement shall be extended to terminate on June 30, 2007
(2) DEVELOPER shall mitigate its fair share of impacts on pavement conditions on
Dougherty Road due to truck tramc trom the project in fis<:al year 2005-2006, as determined by the field
review of Dougherty Road within CITY, by repairing approximately 4,260 square feet of pavcment on
northbound Dougherty Road north of Amador Valley Boulevard to CITY limits (Le., by grinding asphalt,
rc-compacting aggregate base and repaving with new asphalt) no later than SeDtember 29. 2006.
(3) DEVELOPbR shall perform a pavement dctlection test in the rightmost travel lane of
northbound Dougherty Road from 300 feet south of Wildwood Road to north CITY limits, and shall
complete the test no later than Aoril27. 2007
(4) OEVELOpeR shall survey Dougherty Road in December 2006. as well as prior to
termination of the amended Agreement, as directed by CITY, to determine the extent of pavement
detcrioration duc to truck deliveries in fi.scal year 20()6-2()07 DEVELOPER shall furnish to CITY
written documentation and videotapes of pavement conditions and deterioration on Dougherty Road.
Fourth .:\mendment to
Construction Truck Access Agreement
201'3
(5) CITY will review the videotape surveys and pavement deflection tests prior to termination
ofthe amended Agreement to determine the impacts on pavement conditions on Dougherty Road in fiscal
year 2006-2007 due, in part, to truck tratfic from the project. 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. DEVELOPER shall make the necessary pavement repairs to mitigate its fair share of
impacts on pavement conditions on Dougherty Road in fis~al year 2006-2007 no later than Scptember 28.
2007
(6) DEVELOPER shall make cash payment to CITY in the amount of $634 bv June 30. 2006
to cover the cost of maintaining the frequency of strcet sweeping on Dougherty Road within CITY at the
current interval of once-a"wcek in fiscal year 2006.2007
(7) DEVELOPER may operate construction trucks on Dougherty Road within CITY to and
from the project site from of 9:00 a.m. to 4'00 p.m" Monday through Saturday only, in fiscal year 2006-
2007
(8) DEVELOPER shall submit to CITY a construction truck access plan no later than Mav 4.
2007 to cover any remaining pcriod after June 30, 2007 to complete the project for CITY review and
approval.
(9) DEVELOPER shall guarantee compensation for pavement damage to Dougherty Road by
the $100,000 Faithful Performance Bond, which was previously issuod in favor of CITY with the origin,ll
Agroomcnt in September 2002,
CITY OF DUBLIN
Mayor
ATrEST
City Clerk
WINDEMERE BLC LAND COMPANY LLC
::;j? . C <~ r::.:-
Date: ,-Jr./ Il...."
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Fourth Amendment to
Construction T TUck I\cccss. Agreement
300