Loading...
HomeMy WebLinkAbout8.1 Windemere Construction Truck AccessCITY CLERK File # ❑®P10-1310 82 AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 20, 2006 SUBJECT: Fourth Amendment to Construction Truck Access Agreement with Windemere BLC Land Company, LLC, A California Limited Liability Company Report Prepared by: Ray Kuzbari, Traffic Engineer ATTACHMENTS: 1) Proposed Resolution, together with Exhibit "A," Fourth Amendment to Agreement 2) Resolution Approving Third Amendment to Agreement 3) Resolution Approving Second Amendment to Agreement 4) Resolution Approving Amendment to Agreement 5) Resolution Approving Original Agreement 6) Budget Change Form RECOMMENDATION: 1) Adopt Resolution approving the proposed Fourth Amendment to the Construction Truck Access Agreement with Windemere BLC Land Company, LLC 2) Approve budget change in the total amount of $1,632 to the General Fund 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 a truck access route to haul heavy equipment and materials to the project site through June 2007. Under the current agreement, the developer agreed to make a fair - share contribution to repair the pavement damage to Dougherty Road within Dublin caused by the project truck trips to the site in Fiscal Year 2005-2006. Concurrent with the execution of the proposed Fourth Amendment to this agreement, the $100,000 Faithful Performance Bond, which was previously issued in favor of the City with the original agreement to guarantee compensation for pavement damage to ------------------------------------------------------------------------------------------------------------- COPY TO: Page 1 of 4 Q ITEM NO. 0 • I o - G:OEVELOPIWindemerelAgst Agreement Amend 6-20-06.doc Doughcrty Road, will remain in effect. In addlhon, the developer will be requircd to eonduet periodic surveys for any pavement deterioration on Dougherty Road and make eash payment to eover the cost of maintaining street swecping services on Dougherty Road at the interval of once a week due to truck traffic from the projeet. A budget ehange in the total amount of $1,632 IS reqUIred to appropriate funds to street sweeping services (General Fund), including $634 in reimbursable funds to he collected from the Windemere pnlJect developer DESCRIPTION: The City entered into a ConstructlOn Truek Aeeess Agreement with Windemere BLC m October 2002, whICh granted this devclopcr pcrmission to access the Windemere Raneh Dcvelopment within Contra Costa County via Dougherty Road in Dublin. At that tnne, trucks wcre hauling heavy aggrcgatc basc and asphalt materials to the site to construct new roads for Phase 1 B or the project. Section 1 () of the agreement speCIfied that the agreement would terminate on June 30, 2003 This agreement was subsequently anlended on June 17,2003, to extend the term of the agreement to .Tune 30,2004, and allow the project developer to contmue usmg Dougherty Road through the City of Dublin as thc main tmck aeeess route for eompletion of Phase lB improvements and constructlOn of new roads for Phase 2. The proJect developer completed Phase 1 B and Phase 2 improvements in Fiscal Year 2003-2004 and met its fair-sharc obligations to mitigatc tmck traffic impacts on Dougherty Road m Fiscal Years 2002-2003 and 2003-2004 Thc tmck acccss agrccmcnt was amcndcd for a sccond time on June 15, 2004, to extend the term of the agreement to June 30, 2005, and allow the project developer to continue using Doughcrty Road through the City for Phase 4 road improvcments in Fiscal Ycar 2004-2005 Thc project developer completed these road improvements, as plmmed, and met its fair-share obligations to mItIgate truck traffic Impacts on Dougherty Road in Fiscal Year 2004-2005 The truck access agreement was amended for a tlmd tnne on June 21, 2005, to extend the term ofthc agreenlent to .Tune 30, 2006, and allow the project dcvelopcr to continuc using Dougherty Road through tlle City as the main truck access route to transport materials to build homes for Phase 4 and haul rocking, concrete and pavmg matenals to construct new roads for Phase 5 in Fiscal Ycar 2005-2006. Thus far, the dcveloper has partially completcd building homcs for Phase 4 and constmcting roads for Phase 5 Thc projcct dcvelopcr plans to continuc building homcs for Phasc 4, finish constmcting roads for Phase 5, constmct new roads for Phase 3 (as the last phase of the proJect), and build homes for Phases 3 and 5 in Fiscal Vear 2006-2007 The developer intends to use Dougherty Road through the City as the main tmck access route to transport matenals to build homes and haul rockmg, concrete and paving matcrials to construct new roads in Fiscal Year 2006-2007 As a result, the developer is rcquesting that thc term of the agrccmcnt bc cxtendcd to Junc 30, 2007, by which time the developer anticipates completing proJect constmction. City Stafr has expklred the possihihty of slgmng a multi-year contract with Windcmcrc sincc 2003 to covcr its tmck access needs without having to renew the tmck acccss agrccment on an annual basis. Dcspitc thcse negotiations, Windemere has always maintaincd its dcsirc to rcnew the agreement on an armual basis bccausc of thc unccrtainty of how much of the plaJUled constmction can actually he accomplishcd m any gIVen year and whcthcr it madc scnse for this developer to keep using Doughcrty Road as the main tmck access route to the SIte for more than one additional ycar. As a result, the City has honored Windemere'~ desIre every year to amend thc tmck access agreement on an annual hasls. IT 2005-2006 Impacts and Mitil!ations City Staff recently conducted a field review of pavcmcnt conditions on Dougherty Road and Identified impacts on the roadway within City limits due, in part, to Windenlere truck traffic in Fiscal Y car 2005-2006. The developer is agreemg to mlhgate its fair sharc of thcse impacts by repamng approximately 4,260 square feet of pavement on northhound Doughcrty Road north of Amador Valley Houle, ard. The repaIr will consist or grinding cxisting asphalt, re-compactmg aggregate hase and rcpaving with ncw asphalt. Proposed Obliutions for FY 2006-2007 It IS estnnated that truck dehvene~ along Dougherty Road through the City of Dublin could reach an average of 50 tmcks per day on ccrtain days in Fiscal Year 2006-2007 The pmate firm of Univcrsal Building Serviccs is currcntly under contract with the City to perform sweeping services of City streets on a twice-a-month basis (or 24 times a year). However, Dougherty Road has bccn upgraded to a once-a- week sweeping interval hegmning in .Tuly 2004 at thc project developer's expense due to mcreased tnIck traffic from the project. Staff has determined that tmck traffic in Fiscal Vear 2006-2007 will requirc maintaining the current sweepIng frequency on Dougherty Road of oncc-a-weck (or 52 times a year). Accordingly, the developer is agrccing to makc a cash payment to the City by June 30, 2006, In the amount of $634 to covcr thc cost of the upgraded sweeping frequency on Dougherty Road. A budgct changc is required to recognize the new General Fund revenue which would suhsequently bc appropriated for street sweepmg servIces. The total amount rcqucstcd for thc budget change is $1,632 to cover the extra cost of upgrading strcct sweepmg on Dougherty Road to once-a-week in Fiscal Ycar 2006-2007 This will include carrymg forward $998 (i.e., $1,632 - $634 = $998) in unused funds prevwusly collected from thc Windemere developer for upgrading sweepmg serVIces III Fiscal Year 2005-2006. Thc unuscd funds were the result of reduced charges lor sweeping scrviccs on Doughcrty Road in 2006. The proJect developer has agreed to perform a pavemcnt dcflection test and videotape surveys on Dougherty Road to detcrminc thc cxtcnt ofpavcmcnt deterioration due to truck dehveries in Fiscal Ycar 2006-2007 and any required mitigations. In addition, Staff will make visual inspections of Dougherty Road dunng the term of the cxtcndcd agrccmcnt to cnsure that any sudden changes 10 pavement conditions that may require illllllediate attention are remedied III a timely manner. The developer is also agreeing to submit for Staff rcvicw and approval a constructIOn truck access plan hy May 4,2007, if constmction completion oftlle Windemere proJect cannot be achIeved by .Tune 30, 2007 The original agreement and the subsequent three amendments to the agreement spccificd that thc developer would compensate the City for any pavemenl damage to Doughcrty Road caused by truck trips to the project site. This compensation was guarantccd by a faithful perfornlance bond III the amount of $100,000, which was issucd in favor of tlle City in conjunctIOn WIth the onginal agreement. This compensation guarantee will remam m effect for any additIonal pavement damagc to Dougherty Road resuHmg from truck traffic In Fiscal Year 2006-2007 Page 3 of 4 City Staff will continue to exercise due dihgence hy vIsually inspccting Doughcrty Road on a periodic baSIS to ensure that unexpected changes in pavement conditlllns on Dougherty Road arc addrcsscd in a timely fashion before thc term of the proposcd amcndmcnt cxpires. Remainin2 Proiect Phases Thc dcveloper has indicated that the last phase of the project (Phasc 3) will bc implcmcntcd in Fiscal Year 2006-2007 and that thc hauling activitics ofhcavy cquipmcnt and materials to the project site will end hy .Tune 2007 The Windemere Parkway cOlUlection from the proJect slte to CamInO Tassajara is expected to be completed and opened for tramc use in fall 2006. Since 2003, the Windcmcrc tmck acccss agrcement with thc City has bccn subject to a term extension on an annual basis, as rcqucsted by the developer, to cover each phase of the project individually as appropriate. Staff Review of Proposed Amendment The City Attomey's Office Staff has reVIewed the proposed Fourth Amendment to the subject agrccmcnt and approvcd it as to lorm. Recommcndation Staffrecommends that the City Council adopt the Resolution approvmg the proposed Fourth Amendment to thc Construction Truck Acccss Agrcement with Windcmcrc BLC Land Company, LLC, and approve the budget change in the total amount of$I,632 to the General Fund. Page 4 of 4 ("f 2.1 RESOLUTION NO. - 06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING FOURTH AMENDMENT TO AGREEMENT BETWEEN THE CITV OF DUBLIN AND WINDEMERE BLC LAND COMPANY LLC WHEREAS, the City of Dublin, hereinafter referred to as "CITY", entered into a Construction Tmck Access Agreement with Windcmcre BLC Land Company, LLC, A California Limited LIability Company, hcrcinafter referred to as "DEVELOPER", on October 15, 2002; and WHEREAS, said Agreen1Cnt specified a termination date of .Tune 30, 2003, and WHEREAS, said Agreement was amended on June 17, 2003, to extend the term of the Agreement to .Tune 30, 2004, allowing DEVELOPER to use Doughcrty Road within the jurisdictional limits of CITY as thc main tmck access route to haul heavy aggregate base, concrete and asphalt matenals to the Windcmere Ranch proJect sIte to complete Phase IB 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 Vear 2003-2004, and WHEREAS, said Agreement was amended for a second time on JUlle 15, 2004, to extend the tenn of the Agreement to June 30, 2005, allowing DEVELOPER to use Doughcrty Road within the jurisdictional limits of CITY as the main truck access route to haul rocking, concrete and paving matenals to construct new roads for Phase 4 project improvements in Fiscal Vear 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 Junc 21, 2005, to cxtend the term of the Agreement to June 30, 2006, allowing DEVELOPER to use Dougherty Road withIn the jurisdictional limIts ofCTTY as the main truck access route to transport materials to build homes for Phase 4 projcct improvcmcnts and haul rocking, concrctc and paving materials to constmct new roads for Phase 5 improvements in Fiscal Vear 2005-2006, and WHEREAS, DEVELOPER partially completed building homes for Phase 4 and constmcting ncw 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 of the project), and bnild homes for Phases 3 and 5 in fiscal year 2006-2007; and WHEREAS, DEVELOPER desires to usc Dougherty Road within CITV to transport materials to build homes and haul rocking, concrete and paving materials to construct new roads in Fiscal Vear 2006-2007, and 10f2 IiJ "()D- Ow 6 I ATTACIDT ',. ;2.,,(21 WHEREAS, truck dehveri.es along Dougherty Road within CITV 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 Dublm does hereby approve the Fourth Amendment to the Agrccmcnt with Windemere BLC Land Company, LLC, attached hcreto as "Exhibit A." BE IT FURTHER RESOLVED that the Mayor is hereby authori.zcd to execute the Amendment. PASSED, APPROVED AND ADOPTED this 20th day of June, 2006. AYES NOES. ABSENT ABSTAIN Mayor ATTEST City Clerk G:\DEVELOPl Winuemere\Rf.!/io Agreement Amend 6-20.0ri.dQC 20f2 ? oC1.1 EXHIBIT "A" OF RESOLUTlON -06 FOURTH AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND vnNDEMEREBLCLANDCOMPANYLLC WHEREAS, the City of Dublin, hereinafter referred to as "CITY," entered into a Construction Truck Acce$s Agreement with Windemere BLC Land Company, LLC, A California Limited Liahility Company, hereinafter rderred to as "DEVELOPER" on October 15, 2002, and WHEREAS, said Agreement specified a termination date of .Tune 30, 2003, and WHEREAS, said Agreement was amended on June 17,2003 to extend the tcrm 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 IB project improvements and construct new roads for Phase 2 improvements in fiscal year 2003-2004, and WHEREAS, DEVELOPER completed thc Phasc lB and Phase 2 project improvements in fiscal year 2003-2004, and WHEREAS, said Agreement was amended for a $econd 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 construe! ncw 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, DEVELOPER has met its fair-share obligations to mitigatc truck traffic impacts identified by CITY on Dougherty Road in fiscal years 20U2"2003, 2003-2U04 and 2004-2005; and WHEREAS, DEVELOPER contributcd eash paymcnt to CITY in June 2004 and June 2005 to cover the incremental cost of increasing the frequency of street sweeping on Dougherty Road within CITY from the normal interval of twice-a-month to once-a-weck in fiseal years 2004-2005 and 2005- 2006 as a result of anticipated truck traffic from the project; and WHEREAS, said Agreement was amended for a third time on June 2 J, 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 haLlI rocking, concrete and paving materials to construct new roads for Phase 5 improvements in fiscal year 2()05~2006; and WHEREAS, DEVELOPER partially completed building homes for Phase 4 and constructing new roads for Phase 5 in fiscal year 2005~2006; and Fourth Amendment to Construction Truck ACl,;ess Agreement Ion mIBlTA To the Resolution L1 oP 21 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 of the project), and build homes for Phases 3 and 5 in fiscaJ year 2006-2007; and WHEREAS, DEVELOPER desires to use Dougherty Road within CITY to transport materials tu 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 ycar 2006-2007, and WHEREAS, CITY has determined that truck traffic from the project will require maintaining the frcquency 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 street sweeping on Dougherty Road within CITY at the current interval of once-a-week in fiscal year 2006-2007; and WHEREAS, CITY has conducted afield review and identificd impacts on pavement conditions on Dougherty Road within CjTY, which are determined to be caused, in part, by truck traffic from the project in fiscal year 2005-2006, and WHEREAS, DEVELOPER and CITY wish to extend the term of said Agreement to tcrminate on Junc 30, 2007, NOW, THEREFORE, the parties hereto agree to amend said Agreement as follows: (I) Thc tcrm ofthc 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 tTuck traffic from the project in fiscal year 2005-2006, as determined by the field review of Dwgherty Road within CITY, by repairing approximately 4,260 squarc feet of pavement on northbound Doughcrty Road north of Amador Valley Boulevard to CITY limits (i.e., by grinding asphalt, re-compacting aggregate base and repaving with new asphalt) !l() later than September 29. 2006. (31 DEVELOPER shall perform a pavement deflection test in the rightmost travel lane (If northbound Dougherty Road from 300 feet south of Wildwood Road to north CITY limits, and shall complete the test no later than April 27. 2007 (41 DEVELOPER shall survey Dougherty Road in December 2006. as well as prior to termination of the amcndcd Agreement, as directed by CITY, to determine the extent of pavement deterioration due to truck dcliveries in fiscal year 2006-2007 DEVELOPER shall furnish to CITY wrinen ducumentation and videotapes of pavemcnt conditions and deterioration on Duugher!) Road. Fourth Amendment to Construction Truck Acucss Agreement 20/'3 50.( 1-1 (5) CITY will review the videotape surveys and pavement deflection tests prior to termination of the amended Agreement to determine the impacts on pavement conditions on Dougherty Road in fiscai year 2006"2007 due, in part, to truck traffic 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 rcpairs to mitigate its fair share of impacts on pavement conditions on Dougherty Road in fiscal year 2006-2007 no later than September 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 frequcncy of street sweeping on Dougherty Road within CITY at the current interval of once-a-week in fiscal year 2006"2007 (7) DEVELOPER may operate construction trucks on Dougherty Road within CITY to and tram the project site trom of 9:00 a.m. to 4'00 p.m., Monday through Saturday only, in fiscal ycar 2001.>- 2007 (8) DEVELOPER shall submit to CITY a construction truck access plan no later than Mav 4. 2007 to cover any remaining period after June 30, 2007 to complete the project for CITY review and approval. (9) DIiVELOPER shall guarantee compensation for pavement damage to Dougherty Road by the $100,000 Faithful Perfonnance Bond, which was previously issued in favor of CITY with the original Agreement in September 2002. CITY OF DUBLIN Mayor ATTEST City Clerk WINDEMERE BLC LAND COl'vlPANY LLC ;;;s? .C~ 'Z!:'--'- Date: _ yz./&...." 0: VJEVE1...0P\Winr.l~m(f.rr.lAgree"11E~n1 Am.~fjd 6-20-0ti.doc fourth Amendment to Cunstruction Tmck ^cce:"l~ Agreement 3 oD (Po(.;Z1 RESOLUTION NO. 102 - 05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * . . . . . . APPROVING THIRD 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 ofJune 30, 2003; and WHEREAS, said Agreement was amended on June 17, 2003 to extend the tenn of the Agreement to June 30, 2004, allowing DEVELOPER to use Dougherty Road within the jurisdictional1imits 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 IB project improvements and construct new roads for Phase 2 improvements during 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 again on June IS, 2004 to extend the tenn 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 during fiscal year 2004-2005; and WHEREAS, DEVELOPER has completed construction of roads for the Phase 4 project; and WHEREAS, DEVELOPER plans to build homes for the Phase 4 project and constmct Phase 5 improvements in fiscal year 2005-2006, and WHEREAS, DEVELOP.ER desires to use Dougherty Road within CITY to transport materials to build homes for the Phase 4 project and haul rocking, concrete and paving materials to construct new roads for Phase 5 improvements during fiscal year 2005-2006; and W BEREAS, truck deliveries along Dougherty Road within the CITY could reach an average of 50 trucks per day on certain days during the remainder of Phase 4 and constmction of Phase 5, and WHEREAS, the term of the Agreement is proposed to be extended to terminate on June 30, 2006; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Third Amendment to the Agreement with Windemere BLC Land Company, LLC, which is atUlched hereto as "Exhibit A." 1 ATTAUBMENT ~ '7 oJ 2/ BE IT FURTHER RESOLVED thllt the Mayor is hereby authorized to execute the Amendment. PASSED, APPROVED AND ADOPTED this 21st day of Iune, 2005 AYES Councilmembers Hildenbrand, McCormick, Orllvetz, Zika and Mayor Lockhart NOES: None ABSENT None ABST ATN None K'/G/6.21-05/reso 102-05 Windemere (Item 4.3) G:lDl;;VE.i.f.)PltJi",dISIBSl6IRs..toAgrsllm'ltJ't1 AIHtld 6-21-()j,doc 2 3 Df z- I EXHIBIT" A" OF RESOLUTION 11#-05 THIRD 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 COllBtmction 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 jurisdictiolUlllimits 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 IB projcct improvements and construct new roads for Phase 2 improvements during Fiscal Year 2003-2004; and WHEREAS, DEVELOPER cornpleted the Phase 1B and Phase 2 project improvements in Fiscal Year 2003-2004, and WHEREAS, DEVELOPER has met its fair-share obligations to mitigate tmck traffic impacts identified by CITY on Dougherty Road duringPiscal Years 2002.2003 and 2003-2004; and WHEREAS, DEVELOPER plans to construct the Phase 3 improvements as the last phase oCthe proj ect; and WHEREAS, said Agreement was amended again on June 15, 2004 to extcnd 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 constmct new roads for Phase 4 project irnprovements during Fiscal Year 2004-2005; and WHEREAS, DEVELOPER contributed cash payment to CITY in June 2004 to cover thc incremental cost of increasing the frequency of street sweeping on Dougherty Road within CITY from the normal interval of twiee-a-month to once-a-week during Fiscal Year 2004-2005 as a result of anticipated Phase 4 truck traffic; and WHEREAS, DEVELOPER has completed cOllBtruction of roads for the Phase 4 project; and WHEREAS, DEVELOPER plans to build homes lor the Phase 4 project and construct Phase 5 improvements in Fiscal Year 2005-2006, and WHEREAS, DEVELOPER desires to use Dougherty Road within CITY to transport materials to build homes for the Phase 4 project and haul rocking, concrete and paving materials to construct new roads for Phase 5 Improvements during Fiscal V car 2005-2006; and WHEREAS, truck deliveries along Dougherty Road within CITY could rcach an average of 50 trucks per day on certain days during the remainder of Phase 4 and construction of Phase 5; and qJ 11 WHEREAS, CITY has determined that Phase 5 truck traffic 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); and WHEREAS, DEVELOPER has agreed to make cash payment to CITY in the amount of $2,6 70 to cover the cost of maintaining the frequency of street sweeping on Dougherty Road within CITY at the current interval of once-a-week during Fiscal Year 2005-2006; and WHEREAS, CITY has conducted a field review and identified impacts on pavenlent conditiollB on Dougherty Road within CITY. which are determined to be caused, in part, by Phase 4 truck traffic during Fiscal Vear 2004-2005; and WHEREAS, DEVELOPER and CITY wish to extend the term of said Agreement to terminate on June 30, 2006, NOW, THEREFORE, the parties hereto agree to amend said Agreement as follows: (1) The term of the Agrccrnent shall be extended to terminate on June 30, 2006. (2) DEVELOPER shall mitigate its fair share of impacts on pavement conditions on Dougherty Road due to Phase 4 tmck traffic, as determined by the field review of Dougherty Road within CITY, by repairing approximately 2,300 square fcct of pavement on northbound Dougherty Road north of Amador Valley Boulevard to CITV limits (i.e., by grinding asphalt, re-compacting aggregate base and repaving with new asphalt) no later than Seotember 30. 2005. (3) DEVELOPER shall perform two pavement deflection tests in the rightmost travel lane of northbound Dougherty Road from Wildwood Drive to north CITY limits, and shall complete the first and second tests no later than Julv 29. 2005 and Mav 15. 2006, respectively (4) DEVELOPER shall survey Dougherty Road in December 200S. as well as prior to termination of the amended Altteement; as directed by CITY, to determine the extent of pavement deterioration due to Phase 4 and Phase 5 truck deliveries. DEVELOPER shall furnish to CITY written documentation and videotapes ofpavemCllt conditions and deterioration on Dougherty Road. (5) CITY will review the videotape surveys and pavement deflection teats prior to termination of the amended Agreement to determine the impacts on pavement conditiollB on Dougherty Road in Fiscal Vear 2005-2006 due, in part, to Phase 4 and Phase 5 truck traffic. CITY will consult with DEVELOPER regarding the pavement deterioratiOn, the improvements required to remedy it and the cost thereof, but ClTV's determination of the improvements required to remedy the deterioration and the cost therefore shall be conclusive. (6) DEVELOPER shall make cash payment to CTlY in the amount of $2,670 by June 30. 2005 to cover the coat of maintaining the frequency of street sweeping on Dougherty Road within CITY at the current interval of onee-a-week during Fiscal Year 2005-2006. (7) DEVELOPER may operate construction tmcks on Dougherty Road within CITY to and from the project site for Phase S from of 9:00 a.m. to 4:00 p.m., Monday through Saturday only lOot: 1[ (8) DEVELOPER shall submit to CITY a construction truck access plan no later than Mav 5. 2006 to cover any remaining period after June 30, 2006 to complete road construction for Phase 5 for CITV review and approval. (9) DEVELOPER shall gHarantce compensation for pavement damage to Dougherty Road by the $100,000 Faithful Performance Bond, which was previously issued in favor o[CITV with the original Agreement in September 2002. CITV OF DUBLIN ATTEST ~ Date: G:IDEVELOP\WindemereVl.greemenJ Amend 6-21-0j,doc Ilo-C 2-1 RESOLUTION NO. 114.04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN .......... APPROVING SECOND AMENDMENT TO AGREEMENT WITH WlNDEMERE 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. Sootioll.lO of the Agreement specified the Agreement shall terminate on 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 1 B improvements lI1ld construct new roads for Phase 2 of the project; and WHEREAS, DEVELOPER has now completed the Phase 18 and Phase 2 project improvements; and WHEREAS, DEVELOPER plans to construct Phase 4 project improvements prior to constructing Phase 3 improvements; and WHEREAS, DEVELOPER desires to use Dougherty Road within CITY to haul rock, concrete and paving materials to construct new roads for Phase 4 improvements during Fiscal Yw 2004-2005; and WHEREAS, truck deliveries along Dougherty Road within CITY could reach an average of 100 trucks per day on certain days during Phase 4; and WlIEREAS, the tenn of the Agreement is proposed to be extended to terminate on June 30, 2005; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Second Amendment to the Agreement with Windemere BLC Land Company LLC, which is attached hereto as "E:lhibit A." BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the Amendment. PASSED, APPROVED AND ADOPTED this 15th day of June, 2004. AYES: Councilmembers McCormick, Oravetz, Sbranti and Zika, and Mayor Lockhart NOES: None ABSENT. None ATIEST 1wn.~a. ~ Deputy City Clerk G;\Cc-MTOS\20()4.qb2\1une'(16-) S-ll4\Rooo-Windolllett.<lo< (I.... 7.3) ATTACmNT 3. ..-'- .~ /1. ot:: U EXHIBIT "A" OF RESOLUTION....-04 SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND WINDEMERE BLC LAND COMPANY LLC WHEREAS, the City of Dublin, hereinafter referred to as "CITY", cntered into a Construction Truck Access Agreement with Windcmere BLC Land Company LLC, A California Limited Liability Company, herclnafter referred to as "DEVELOPER", on October 15,2002, and WHEREAS, said agreement specified a termination date of .Tune 30, 2003, aud WHEREAS, said agreement was amended on June 17,2003 to extend the term ofthe agrecment to .Tune 30, 2004, allowing DEVELOPER to use Dougherty Road within the jurisdictional limits of CTIY as the main truck access route to haul heavy aggregate base, concrete and asphalt materials to the Windemere Ranch project site to complete Phase IB improvements and construct new roads for Phase 2 of the project; and WHEREAS, DEVELOPER has now completed the Phase IB and Phase 2 project improvements; and WHEREAS, CITY has identified certain impacts on pavement conditions on Dougherty Road within CITY, which are determined to be caused, in part, by Phase IB and Phase 2 truck traffic; and WHEREAS, DEVELOPER has agreed to mitigate its fair share of the impacts on pavement conditions on Dougherty Road within CITY due to Phase 1B and Phase 2 truck traffic, 3. determined by CITY, by repairing approximately 2,000 square fcct of pavement on southbound Dougherty Road south of Amador Valley Boulevard (i.e., by grinding asphalt, re-compacting aggregate base and repaving with new asphalt) and contributing $11,422 in cash to slurry seal Doughcrty Road betwcen Dublin Boulevard and the northern CITY limit; and WHEREAS, implementation of said mitigations will constitute completion of prior obligations by DEVELOPER to mitigate Phase IB and Phase 2 truck traffic impacts on Dougherty Road; and WHEREAS, DEVELOPER plans to construct Phase 4 project improvements prior to constructing Phase 3 improvements; and WHEREAS, DEVELOPER desires to uSe Dougherty Road within CITY to haul rocking, concrete and paving materials to construct new roads for Phase 4 improvcments during fiscal year 2004-2005, and WHEREAS, truck deliveries along Dougherty Road within CITY eould reach an average of 100 trucks per day on certain days during Phase 4; and WHEREAS, CITY has determined that Phase 4 truck traffic will require increasing the frequency of street sweeping on Dougherty Road within CITY from the current interval of twice- a-month (or 24 times a year) to oncc-a-week (or 52 times a year); and WHEREAS, DEVELOPER has agreed to make cash payment to CITY in the amount of$2,543.52 to cover the incremcntal cost of increasing the frequency of street sweeping on Dougherty Road within CITY from the current interval of twice-a-month to once-a-week during fiscal year 2004-2005; and WHEREAS, DEVELOPER and CITY wish to extend the term of said agreement to terminate on June 30, 2005, 1 ..., 130(;?I NOW, THEREFORE, the parties hereto agree to amend said agreement as follows: (1) Thc term of the agreement shall be extended to terminatc on June 30, 2005. (2) DEVELOPER shall mitigate its fair share of the impacts on pavement conditions on Dougherty Road within CITY due to Phase 1B and Phase 2 truck traffic, as determincd by CITY, by repairing approximately 2,000 square feet of pavement on southbound Dougherty Road south of Amador Valley Boulcvard (i.e., by grinding asphalt, re-compacting aggregate basc and repaving with new asphalt) and contributing $11,422 in cash to slurry seal Dougherty Road between Dublin Boulevard and the northern CITY limit bv June 30. 2004 (3) DEVELOPER shall make cash payment to CITY in the amouut of $2,543.52 by June 30. 2004 to covcr the incremental cost of increasing the frequency of street sweeping on Dougherty Road within CITY from the current interval oftwice.a~month to once-a-week during fiscal year 2004-2005. (4) DEVELOPER may operate construction trucks on Dougherty Road within CITY to and from the project site for Phase 4 from of9:00 a.m. to 4:00 p.m., Monday through Saturday only (5) DEVELOPER shall submit to CITY a construction truck access plan no later than May 6, 2005 to cover any remaining period after June 30, 2005 to complete road construction for Phase 4 for CITY review and approval. (6) DEVELOPER shall survey Dougherty Road in December 2004, as well as prior to termination of the amended agreement, as directed by CITY, to determine the extent of pavement deterioration due to Phase 4 truck deliveries. DEVELOPER shall furnish tn 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 eost thereof, but CITY's determination of the improvements required to remedy the deterioration and the cost therefore shall be conclusive. (7) DEVELOPER shall guarantee compensation for pavement damage to Dougherty Road by the $100,000 Faithful Performance Bond, which was previously issued in favor of CITY with the original agreement in September 2002. CITY OF DUBLIN ATTEST. 4tU>___~. ~I Date: G:IDEVELOP\WindemerelAgreement Amend fuhtbtt 6.JJ~(J4,d()c 2 I L-{ ot: :z I RESOLUTION NO. 136 - 03 A RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING AMENDMENT TO AGREEMENT WITH WTNDEMERE BLC LAND COMPANY LLC WHEREAS, the City of Dublin, hereinafter referred to as "CITY", entered into a COllBtruction Truck Access Agreement with Windernere BLC Land Company LLC, A California Limited Liability Company, hereinafter referred to as "DEVELOPER", on October 15, 2002; and WHEREAS, Section 10 of the Agreement specified that the Agreement shall terminate on .Tune 30, 2003; and WHEREAS, DEVELOPER has not completcd the Phase IB improvements which requirc using Dougherty Road within the j urisdictionallimits of CITY as the main truck access route to haul heavy aggregate base and asphalt materials to the pIllject site to construct new roads within thi~ phase of the Windemere Ranch project; and WHEREAS, truck deliveries along Dougherty Road within CITY could reach an averagc volume of 15 trucks per day on certain days during the remainder of Phase 1 B, possibly ending in summer 2003; and WHEREAS, DEVELOPER desires to u~e Dougherty Road within CITY to haul rocking and paving materials to construct new roads for Phasc 2 of the Windemere Ranch project, starting in October 2003 and possibly lasting until early 2004, as wt'alher permits; and WHEREAS, truck deliveries along Dougherty Road within CITY could reach an average volume of 100 tmcks per day on certain days during Phase 2; and WHEREAS, the term of the Agreement is proposed to be amcnded to extend the term of the Agreement to terminate on June 30, 2004; 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 Windemerc BLC Land Company LLC, which is attachcd hereto as "Exhibit A." PASSED, APPROVED AND ADOPTED this 17th day of June, 2003. AYES: NOES ABSENT: ABSTAIN ty Clerk K"/G/6-17-03/reso-windemer ruck...doc (lIem fI.2) G:\DEVELOP\Wlndemere\Reso Atmnd Agmt Windemere 6-/7-03.doc _ ~~-6N ayor ATTEST: ATTAUIDIENT ~ 15 of 1/ EXHIBIT "A" OF RESOLUTION -03 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND ~NDEMEREBLCLANDCOMPANYLLC WHEREAS, the City of Dublin, hereinafter referred to as "CITY", entercdinto a Construction Truck Access Agreement with Windemere BLC Land Company LLC, A California Limited Liability Company, hereinafter referred to as "DEVELOPER", on October J 5, 2002; and WHEREAS, Baid agreement terminatcs on June 30, 2003; and WHEREAS, DEYELOPER has not completed thc Phase I B improvements which require using Dougherty Road within the j urisdietionallimits of CITY as the main truck access route to haul heavy aggregate base and asphalt materials to the project site to construct new roads within this phase of the Windemere Ranch project; and WHEREAS, DEVELOPER desires to use Dougherty Road within CITY to haul rocking and paving materials to construct new roads for Phase 2 of the Windemere Ranch project, starting in October 2003 and possibly lasting until early 2004, as weather pcrmits; and WHEREAS, DEVELOPER and CITY wish to extend the term of said agreement to terminate on Junc 30, 2004, NOW, THEREFORE, the parties hereto agree to amend said agreement as follows: (1) The term of the agreement shall be extended to terminate on June 30, 2004. (2) DEVELOPER shall submit to CITY a construction truck access plan prior to May 15, 2004 to cover any remaining period after June 30, 2004 to complete road construction for Phase 2 for CITY review and approval. (3) DEVELOPER shall survey Dougherty Road in December 2003, as well as prior to termination of the amended agreement, as directed by CITY, to determine the extent of pavement deterioration due to Phase 1 B and Phase 2 truck deliveries. 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. (4) DEVELOPER shall guarantee compensation for pavement damage to Dougherty Road by the $100,000 Faithful Performance Bond that was previously issued in favor of CITY with the original agreement in September 2002. ATTEST- ~'i_cL.._ Clerk WIN Date: G. ILJt."V.t.'LOPIWindsmerelAgreemem Ammd ExhjbiI6-17~03,doc I ~ 0-+ 1- \ RESOLUTION NO. 191 - 02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN **..***** APPROVING CONSTRUCTION TRUCK ACCESS AGREEMENT WITH WINDEMERE BLC LAND COMPANY LLC, A CALIFORNIA LIl\fiTED LIABILITY COMPANY WHEREAS, 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", entered into a Construction Truck Access Agreement on June 5, 2000, to use Dougherty Road within the jurisdictional limits of CITY as thc only truck access route to haul heavy equipment and materials to the "Phase One" Windemere Ranch project, located within Contra Costa County, and said agreement terminated on October 31, 200 I; and WHEREAS, CITY and DEVELOPER entered into a second Construction Truck Access Agreement on November 6, 2001, to continue using Dougherty Road within CITY as the only truck access routc to the "Phase One" project site, and said agreement terminated on March 31, 2002, and was subsequently extended to terminate on April 30,2002; and WHEREAS, it has been determined by CITY that DEVELOPER desires to use Doughcrty Road within the jurisdictional limits of CITY as the main truck access route to haul heavy aggregate base and asphalt materials to the project site to construct new roads within "Phase lB" of the Windemere Ranch proj ect; and WHEREAS, "Phase One" of the Windemere Ranch project, which also includes "Phase 1 B", 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 approvcd by Contra Costa County on November 19, 1996 ("Phase One"); and WHEREAs., in August, 2002, DEVELOPER started making truck deliveries along Dougherty Road to construct new roads for the "Phase IB" project; and WHEREAS, DEVELOPER intends to continue making truck deliveries to the "Phase lB" project site to construct roadway improvements through the end of year 2002 or the beginning of year 2003, as weather permits; and WHEREAS, truck deliveries along Dougherty Road within CITY could reach a peak volume of 400 trucks per day for several days to allow for base rock installation on "Phase IB"; and WHEREAS, condition 278 of the Conditions of Approval of Subdivision 7976 and Development Plan 95-3064 requires DEVELOPER to enter into an agrccment with CITY to mitigate construction traffic on roads within CITY and to provide a bond to secure such obligation; and WHEREAS, DEVELOPER may continuc to operate construction trucks on Dougherty Road within CITY to and from the project site for "Phase 1B" from 9;00 a.m. to 4;00 p.m., Monday through Saturday only; and I ATTAUIDT 5. Il 0+ 2-1 WHEREAS, DEVELOPER shall submit to CITY a construction truck access plan prior to June 30, 2003, to cover any remaining period after June 30, 2003, to complete road construction for "Phase IB" for CITY review and approval; and WHEREAS, DEVELOPER agrees to compensate CITY fur all direct and indirect damage to Dougherty Road within CITY caused by "Phase I B" truck trips, as set forth below; and WHEREAS, DEVELOPER shall conduct videotaped pavement surveys of Dougherty Road to dctermine the extent of pavement deterioration due to "Phase IB" truck deliveries; and WHEREAS, DEVELOPER shall furnish to CITY written documentation and videotapes ofpavcmcnt conditions and deterioration on Dougherty Road; and WHEREAS, 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; and WHEREAS, DEVELOPER agrees to reimburse all CITY costs incurred in surveying pavement dcterioration on Dougherty Road during the period of this agreement; and WHEREAS, Concurrently with the execution of the Agreement, OEVEWPER shall furnish CITY with a Faithful Performance Bond in the amount of $100,000 conditioned upon the faithful performance of DEVELOPER's obligations under the Agreement; and WHEREAS, the said agreement shall terminate on June 30, 2003, and WHEREAS, the said agreement shall satisfY DEVELOPER's obligation under Condition 278 of Conditions of Approval for Subdivision 7976 until the agreement terminates pursuant to Section 10. Thereafter, DEVELOPER shall enter into a new agreement with CITY for use of Dougherty Road in Dublin for truck traffic. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin docs hcreby approvc the Construction Truck Access Agreement with Windemere BLC Land Company LLC, A California Limited Liability Company, and authorize the Mayor to execute the agreement. PASSED, APPROVED AND ADOPTED this 15th day of October, 2002. AYES: Councilmembcrs McCormick, Oravetz, Sbranti and Zika, and Mayor Lockhart NOES. None ABSENT. None ABSTAIN: None AJ:'D~~A~. . Deputy City Clerk G.' ICC-MTOSl1002-qtr 4\OCIHO-15"'()21reso-windemere.dcc 2 I~orl-l CITY OF DUBLIN CONSTRUCTION TRUCK ACCESS AGREEMENT This agreement is made and entered into this l~ day of ~ 2002, by and between the City of Dublin, a municipal corporation, hereinafter referred to as "CITY", and Windemere BLC Land Company LLC, A Califomia Limited Liability Company, hereinafter referred to as "DEVELOPER" WITNESSETH WHEREAS, CITY and DEVELOPER entered into a Construction Truck Access Agreement on June 5, 2000 to use Dougherty Road within the jurisdictional limits of CITY as the only truck access route to haul heavy equipment and materials to the ''Phase One" Windemere Ranch project, located within Contra Costa County, and said agreement terminated on October 31,2001; and WHEREAS, CITY and DEVELOPER entered into a second Construction Truck Access Agreement on November 6, 2001 to continue using Dougherty Road within CITY as the only truck access route to the "Phase One" project site, and said agreement terminated on March 31,2002 and was subsequently extended to terminate on April 30, 2002; and WHEREAS, it has been determined by CITY that DEVELOPER desires to use Dougherty Road within the jurisdictional limits of CITY as the main truck access route to haul heavy aggregate base and asphalt materials to the project site to construct new roads within "Phase 1 B" of the Windemere Ranch project; and WHEREAS, "Phase One" of the Windemere Ranch project, which also includes "Phase 1B", 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, in August, 2002, DEVELOPER started making truck deliveries along Dougherty Road to construct new roads for the "Phase 1 B" project; and WHEREAS, DEVELOPER intends to continue making truck deliveries to the "Phase 1 B" project site to construct roadway improvements through the end of year 2002 or the beginning of year 2003, as weather permits; and WHEREAS, truck deliveries along Dougherty Road within CITY could reach a peak volume of 400 trucks per day for several days to allow for base rock installation on "Phase 1 B", and Construction Truck Access Agreement City of Dublin / Windemere BlC land Company 9/27/2002 Page 1 of 3 /q of ~\ 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 CITY 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: Section 1. DEVELOPER may continue to operate construction trucks on Dougherty Road within CITY to and from the project site for "Phase 1 B" from 9:00 a.m. to 4:00 p.m., Monday through Saturday only. Section 2. DEVELOPER shall submit to CITY a construction truck access plan prior to June 30, 2003 to cover any remaining period after June 30, 2003 to complete road construction for "Phase 1 B" for CITY raview and approval. Section 3. DEVELOPER agrees to compensate CITY for all direct and indirect damage to Dougherty Road within CITY caused by "Phase 1 B" truck trips, as set forth below. Section 4. DEVELOPER shall survey Dougherty Road immediately after this agreement is executed, as well as before termination of this agreement, as directed by CITY, to determine the extent of pavement deterioration due to "Phase 1 B" truck deliveries. DEVELOPER shall fumish to CITY written documentation and videotapes of pavement conditions and deterioration on Dougherty Road. CITY will consult with DEVELOPER regarding the pavament deterioration, the improvements required to remedy it and the cost thereof but CITY's detennination of the Improvements required to remedy the deterioration and the cost therefore shall be conclusive. Section 5. DEVELOPER agrees to reimburse all CITY costs incurred in surveying pavement deterioration on Dougherty Road during the period of this agreement. Section 6. 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 CITY, 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. The bond shall be in the penal sum of ONE HUNDRED THOUSAND DOLLARS ($100,000). Section 7. This Agreement shall not be assigned by DEVELOPER without the written consent of CITY Section 8. 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. Construction Truck Access Agreement City of Dublin / Windemere BlC land Company 9/27/02 Page 2 of 3 200pzl 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. Section 9. 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 party shall be entitled to recover its attorneys' fees and court costs Section 10. This agreement shall terminate on June 30, 2003. Section 11. This agreement shall satisfy DEVELOPER's obligation under Condition 278 of Conditions of Approval for Subdivision 7976 until the agreement terminates pursuant to Section 10. Thereafter, DEVELOPER shall enter into a new agreement with CITY for use of Dougherty 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. CITY OF DUBLIN By JTEST: ..nh... ~ Il ~ & f'1f- ,... City Cletk :;VELOPER~ ~ Lur~ Type or Print Name \flu Piesj~t Title G:\Oe>lELOPlWindama18\Truck aGceSS agml..ph.s. lB_upd.t.d.doc Construction Truck Access Agreement City of Dublin / Windemere BLC Land Company 9/2712002 Page 3 of 3 210I21 CITY OF DUBLIN BUDGET CHANGE FORM CHANGE FORM # New Appropriation. (City Council Approval Required)' Budget 'fran.fers: ___X __.,.. From Unappropriated Reserves ($998) (tfOlher than General Fund, Fund Nu - X From New Revenues -- . _~.__ From Budgeted Conlingent Reserve (1 U8UO,799.IIOO) Within Same Deportment Activity Between Department, (City Council Approva] Required) Other ,~illtQlillir Name: <\cl,;ount #- Name: ~ccount #. 00] -311300-740-000 Name: Revenue - General Fund Reimbursement $634 Al,;count #- Name: ~ccount #' 001-570"005 Name: Account # Name; Account #- i-J"urne: Account It- Name; Al,;count # Name; Account tf" Account #' ASDlFin Mgr I -:;~ ~ Signature Datc:~ REASON FOR BUDGET CHANGE ENTRY. Transfer revenue funds in the amount of $634 collected from. Windemere BLC Land Company, LLC, to maintain sweeping servi ces on Dougherty Road at thc current frcqucncy of once-a-week for fiscal year 2006- 2007 Carry forward to FY 2006-2007 the unused portion of$998 collected from Windemere for sweeping servIces m FY 2005-2006. City Manager Date: Signature As approved at the City Cowlcil Meetmg on. Date: Mayor Datc: Signature Posted By' Datc: SIgnature C:\DEVF;J,o.PIWfndeHlereIBudgcr Chllllgc_Doughuty Sw&(!pmg 6-20.n6.duc -,~~- ATTAUBMENT .k-