HomeMy WebLinkAboutReso 093-00 Truck AccessRESOLUTION NO. 93 - O0
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, Windemere BLC Land Company LLC, A California Limited Liability Company,
hereinafter referred to as '*DEVELOPER" desires to construct the Windemere Ranch project consisting of
2,249 residential units, as approved by Contra Costa County on November 19, 1996 ("Phase One"); and
WHEREAS, DEVELOPER intends to use Dougherty Road Within the City of Dublin as the only
truck access route to haul heavy equipment and materials to the Phase One project site, located within
Contra Costa County, to perform on- and off-site mass gratting and improvements, including Bollinger
Canyon Road improvements, North Bollinger Canyon Road extension, Alamo Creek bridge and culverts
improvements, water improvements, fire facilities, partial sanitary sewer and storm drain, underground
utilities, street improvements, and landscaping and lighting; and
WHEREAS, DEVELOPER intends to make 4,074 truck deliveries to the project site over a
period of one year from May 30, 2000 to May 31, 2001 (or an average of 13 truck deliveries per day) for
grading and construction for Phase One; and
WHEREAS, DEVELOPER intends to make unspecified additional truck deliveries to the project
site after May 31, 2001; and
WHEREAS, DEVELOPER intends to complete construction of North Bollinger Canyon Road
and the northern access road extension to the project site by October 2001; 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 the City of Dublin to mitigate
construction traffic on roads within the City and to provide a bond to secure such obligation; and
WHEREAS, DEVELOPER may operate construction trucks on Dougherty Road within the City
of Dublin to and from the project site for Phase One from of 9:00 a.m. to 4:00 p.m., Monday through
Saturday only; and
WHEREAS, CITY will conduct random counts of DEVELOPER's trucks on Dougherty Road to
verify reasonable compliance with average daily estimates of truck deliveries per day; and
WHEREAS, DEVELOPER will submit to CITY a construction truck access plan prior to May 31,
2001 to cover the period from June 1, 2001 through October 31, 2001 for CITY review and approval; and
WHEREAS, DEVELOPER agrees to compensate the City for all direct and indirect damage to
Dougherty Road within Dublin caused by Phase One truck trips; and
WHEREAS, DEVELOPER and CITY will survey Dougherty Road before the Phase One traffic
begins, at six-month time intervals thereat~er, and before termination of the said agreement to determine
the extent of pavement deterioration; and
WHEREAS, DEVELOPER agrees to reimburse all CITY costs incurred in conducting random
counts of project trucks and surveying pavement deterioration on Dougherty Road during the period of the
said agreement; and
WHEREAS, concurrently with the execution of the said Agreement, DEVELOPER shall furnish
CITY with a Faithful Performance Bond in the amount of $200,000 conditioned upon the faithful
performance of DEVELOPER's obligations under the Agreement; and
WHEREAS, the said agreement shall terminate when DEVELOPER has completed the northern
access road extension to North Bollinger Canyon Road and North Bollinger Canyon Road or October~31,
2001, which ever occurs earlier; 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 11.
Thereafter, DEVELOPER shall enter into a new agreement with CITY for use of Dougherty Road in
Dublin for truck traffic;
NOW, TItEREFORE, 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.
PASSED, APPROVED AND ADOPTED this 6th day of June, 2000.
AYES:
Cbuncilmembers Howard, McCormick, Zika, Vice Mayor Lockhart and Mayor
Houston
NOES: None
AB SENT: Non e
ABSTAIN: .None
~,~21erk k_~
K"/G/6-6-00/reso-windemere.doc (Item 8.1)
G: ~DEVELOPt[~rindernere\reso Windemere 06 O0 Updated. doc
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