The URL can be used to link to this page

Home My WebLink About4.03 Windemere Rch Release SecCITY CLERK File # ❑k❑0-.3❑❑ AGENDA STATEMENT CITY COUNCIL MEETING DATE: March 18, 2008 SUBJECT: Release of Securities Associated with Construction Truck Access Agreement (Windemere BLC Land Company, LLC, A California Limited Liability Company) Report Prepared by: dlaimee Bourgeois, Traffic Engineer ATTACHMENTS: Resolution approving the Release of Securities associated with Construction Truck Access Agreement with Windemere BLC Land Company, LLC RECOMMENDATION: Adopt the Resolution approving the Release of Securities associated with the Construction Truck Access Agreement with Windemere BLC Land Company, LLC. ex FINANCIAL STATEMENT: The developer of the Windemere Ranch Development project paid for increased street sweeping services for Fiscal Years 2005-2006 and 2006-2007. The developer also repaired pavement damage to Dougherty Road within the City of Dublin caused by project truck trips to the site in Fiscal Year 2006-2007. No additional money is required. DESCRIPTION: The Windemere BLC Land Company, LLC (Windemere BLC), recently completed the Windemere Ranch Development within Contra Costa County. The City entered into a Construction Truck Access Agreement with Windemere BLC on October 15, 2002, via City Council Resolution No. 191-02, which granted this developer permission to access the Windemere Ranch Development within Contra Costa County via Dougherty Road in Dublin between Interstate 580 and the City limit. At that time, trucks were hauling heavy aggregate base and asphalt materials to the site to construct new roads for Phase 113 of the project. Section 10 of the agreement specified.that the agreement would terminate on June 30, 2003. The agreement was subsequently amended on June 17, 2003, via City Council Resolution No. 136-03, to extend the term of the agreement to June 30, 2004, and allow the Windemere Ranch project developer to COPY TO: Steven M. Jones, Lennar Corporation Page 1 of 2 ITEM NO. GADEVELOPMENT, PRIVATE\Windemere\Agst_bond release.doc O continue using Dougherty Road through the City as the main truck access route for completion of Phase IB improvements and construction of new roads for Phase 2 in Fiscal Year 2003-2004. The truck access agreement was amended for a second time on June 15,2004, via City Council Resolution No. 114-04, to extend the term of the agreement to June 30, 2005, and allow the Windemere Ranch project developer to continue using Dougherty Road through the City for Phase 4 road improvements in Fiscal Year 2004-2005. The truck access agreement was amended for a third time on June 21, 2005, via City Council Resolution No. 102-05, to extend the term of the agreement to June 30, 2006, and allow the Windemere Ranch project developer to continue using Dougherty Road through the City as the main truck access route to transport materials to build homes for Phase 4 and haul rocking, concrete and paving materials to construct new roads for Phase 5 in Fiscal Year 2005-2006. The developer mitigated its fair share of pavement impacts on Dougherty Road incurred during Fiscal Year 2005-2006 by repairing approximately 4,260 square feet of pavement on northbound Dougherty Road between Amador Valley Boulevard and the City limit. The truck access agreement was amended a fourth time on June 20, 2006, via City Council Resolution No. 127-06, to extend the term of the agreement to June 30, 2007, and allow the Windemere Ranch project developer to continue using Dougherty Road through the City as the main truck access route to transport materials 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 Fiscal Year 2006-2007. Truck hauling activity terminated in June 2007. The developer's consultant completed final deflection tests, collected photographic and video documentation, and prepared a final damage assessment report to the satisfaction of the Public Works Director. At the time the City and Windemere BLC Land Company, LLC, executed the Construction Truck Access Agreement and subsequent amendments for the use of Dougherty Road, the developer provided a Performance Bond and a Bond Rider, each in the amount of $200,000.00, and another Performance Bond in the amount $100,000.00 to guarantee pavement damage improvements resulting from truck traffic. Now that the Windemere Ranch Development work is complete, these bonds may be released in accordance with the authority contained in g66499.7 of the Government Code. A Maintenance Bond is not required. Staff recommends that the City Council adopt the Resolution approving the Release of Securities associated with the Construction Truck Access Agreement with Windemere BLC Land Company, LLC. Page 2 of2 RESOLUTION NO. - 08 /1cQ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING RELEASE OF SECURITIES ASSOCIATED WITH CONSTRUCTION TRAFFIC FOR WINDEMERE RANCH DEVELOPMENT (WINDEMERE BLC LAND COMPANY, LLC) WHEREAS, the City of Dublin, 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 October 15, 2002, approved by City Council Resolution No. 191-02; and WHEREAS, said Agreement specified a termination date of June 30, 2003; and WHEREAS, said Agreement was amended on June 17, 2003, via City Council Resolution No. 136-03, 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 IB project improvements and construct new roads for Phase 2 improvements in Fiscal Year 2003-2004; and WHEREAS, said Agreement was amended for a second time on June 15,2004, via City Council Resolution No. 114-04, 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, said Agreement was amended for a third time on June 21, 2005, via City Council Resolution No. 102-05, 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, 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 Fiscal Year 2006-2007, and WHEREAS, said Agreement was amended for a fourth time on June 2, 2006, via City Council Resolution No. 127-056, to extend the term of the Agreement to June 30, 2007, 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, 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 Fiscal Year 2006-2007; and WHEREAS, DEVELOPER has completed the work governed by the Construction Truck Access Agreement to the satisfaction of the Public Works Director; and WHEREAS, the original Performance Bonds and Bond Rider that guaranteed the pavement damage improvements can be released, in accordance with the authority contained in g66499. 7 of the Government Code of the State of California; 10f2 L-fe.v., -:tf 4 . 3 0) Ie-{ o€ ""~ ATTACHMENT NOW, THEREFORE, BE IT RESOLVED that: ~~d 1. The improvements completed within Dougherty Road are hereby approved and accepted; and 2. The original Performance Bond issued by The American Insurance Company in the amount of $200,000.00 (Bond No. 111-3351-8347) for improvements be released; and 3. The original Bond Rider issued by Fireman's Fund Insurance Companies for the Performance Bond in the amount of $200,000.00 (Bond No. 111-3351-8347) for improvements be released; and 4. The original Performance Bond issued by St. Paul Fire and Marine Insurance Company in the amount of$100,000.00 (Bond No. SV 9785) for improvements be released. PASSED, APPROVED AND ADOPTED this 18th day of March, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:\DEVELOPMENT, PRIV A TE\ WindemereIReso _bond release. doc 20f2