HomeMy WebLinkAboutReso 39-08 Windemere BLC
RESOLUTION NO. 39 - 08
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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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 ofthe 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 966499.7 of the
Government Code of the State of California.
Reso No. 39-08, Adopted 3/18/08, Item 4.3
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NOW, THEREFORE, BE IT RESOLVED that:
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 $1 00,000.00 (Bond No. SV 9785) for improvements be released.
PASSED, APPROVED AND ADOPTED this 18th day of March, 2008, by the following vote:
AYES: Councilmembers Hildenbrand, Oravetz, Sbranti and Scholz, and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
ATTES~ t:'~~
Deputy City Clerk
Reso No. 39-08, Adopted 3/18/08, Item 4.3
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