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HomeMy WebLinkAbout4.03 WindmereTruckAccessCITY CLERK File # ❑®®I-®© AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 15, 2002 SUBJECT: Construction Truck Access Agreement with Windemere BLC Land Company LLC, A California Limited Liability Company Report Prepared by: Lee Thompson, Public Works Director ATTACHMENTS: 1) Resolution 2) Agreement RECOMMENDATION: Adopt resolution approving the proposed agreement. FINANCIAL T TEMENT: The developer of the Windemere Ranch project, located within Contra Costa County, intends to use Dougherty Road within the City of Dublin as the main truck access route to haul heavy aggregate base and asphalt materials to the project site to construct new roads for "Phase 1B" of the project. Under this agreement, the developer agrees to compensate the City for any pavement damage to Dougherty Road within Dublin caused by the truck trips to the "Phase 1B" project site. Concurrent with the execution of this agreement, the developer shall furnish the City with a Faithful Performance Bond in the amount of $100,000 to guarantee compensation for pavement damage to Dougherty Road. In addition, the developer will be required to reimburse all City costs to survey the street periodically to determine the extent of pavement deterioration. DESCRIPTION: The City entered into a Construction Truck Access Agreement with Windemere BLC in June 2000, which granted this developer permission to access the Windemere Ranch project within Contra Costa County via Dougherty Road in Dublin to haul heavy equipment and materials to the "Phase One" project site. This agreement terminated on October 31, 2001. On November 6, 2001, the City entered into a second truck access agreement with Windemere BLC to allow this developer to continue using Dougherty Road within Dublin to haul heavy equipment and materials to the "Phase One" project site. The second agreement terminated on March 31, 2002, and was extended to terminate on April 30, 2002. -------------------------------------------------------------- COPIES TO: Brian Olin, Lennar Communities zp n Teri Rie, Contra Costa County WA ITEM NO. G: IDEVELOPI WindemereUgSt_Windemere_10_02.doc Windemere BLC recently informed City Staff that truck deliveries of heavy aggregate base and asphalt materials to the project site have been taking place since August 2002 in preparation for constructing new roads on "Phase lB" of the project. "Phase lB" is the second of two improvement phases within the main "Phase One" development project. The new roads for "Phase lA" have already been constructed and the developer is ready at this time to construct the new roads for "Phase lB". As a result, the developer intends to continue making track deliveries to the "Phase lB" project site through the end of year 2002 or the beginning of year 2003, as weather permits, to complete the roadway improvements. The developer estimates that truck deliveries along Dougherty Road within Dublin could reach a peak volume of 400 tracks per day for several days to allow for base rock installation on "Phase lB". This proposed agreement will be subject to the same terms and obligations as the first two truck access agreements with Windemere BLC and will terminate on June 30, 2003. The proposed agreement specifies that the developer shall compensate the City for any pavement damage to Dougherty Road caused by the "Phase lB" track trips to the project site. This compensation is guaranteed by furnishing a Faithful Performance Bond in the amount of $100,000 in favor of the City. Under the proposed agreement, the developer shall conduct videotaped pavement surveys of Dougherty Road immediately after this agreement is executed and before the agreement terminates to determine the extent of pavement deterioration due to "Phase lB" truck deliveries. Staff recommends that the City Council adopt the resolution approving the proposed Construction Truck Access Agreement. Page 2 RESOLUTION NO. - 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 LIMITED 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 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 lB" of the Windemere Ranch project; and WHEREAS, "Phase One" of the Windemere Ranch project, which also includes "Phase lB", 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 lB" project; and WHEREAS, DEVELOPER intends to continue making track 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 1B"; and 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; and WHEREAS, DEVELOPER may continue to operate construction trucks on Dougherty Road within CITY to and from the project site for "Phase lB" from 9:00 a.m. to 4:00 p.m., Monday through Saturday only; and , 1 WItEREAS, DEVELOPER shall submit to CITY a construction track access plan prior to June 30, 2003, to cover any remaining period after June 30, 2003, to complete road construction for "Phase lB" for CITY review and approval; and WHEREAS, DEVELOPER agrees to compensate CITY for all direct and indirect damage to Dougherty Road within CITY caused by "Phase 1B" truck trips, as set forth below; and WHEREAS, DEVELOPER shall conduct videotaped pavement surveys of Dougherty Road to determine the extent of pavement deterioration due to "Phase 1B" truck deliveries; and WHEREAS, DEVELOPER shall furnish to CiTY written documentation and videotapes of pavement 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 deterioration on Dougherty Road during the period of this agreement; and WHEREAS, Concurrently with the execution of the Agreement, DEVELOPER 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 does hereby approve 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: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G.'lDEVELOPIWindemere~reso_Windetnere 10 02.doc 2 CITY OF DUBLIN CONSTRUCTION TRUCK ACCESS AGREEMENT This agreement is made and entered into this __ 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 California Limited Liability Company, hereinafter referred to as "DEVELOPER". WlTNESSETH 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 lB" of the Windemere Ranch project; and WHEREAS, "Phase One" of the Windemere Ranch project, which also includes "Phase lB", 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 lB" 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 lB"; and Construction Truck Access Agreement City of Dublin / Windemere BLC Land Company 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 lB" 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 review and approval. Section 3. DEVELOPER agrees to compensate CITY for all direct and indirect damage to Dougherty Road within CITY caused by "Phase lB" 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 lB" 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. 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 9/30/2002 Page 2 of 3 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 ATTEST: By Mayor City Clerk DEVELOPER By Type or Print Name Title G:~DEVEL OP~Windemere~ Truck access agmt_phase lB_updated, doc Construction Truck Access Agreement City of Dublin / Windemere BLC Land Company 9/30/2002 Page 3 of 3