HomeMy WebLinkAboutReso 191-02 WindmereTruckAccess 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 LIMITED LIABILITY COMPANY
WHEREAS, the City of Dublin, a municipal corporation, hereinafter referred to as "CITY" and
Windemcrc 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 Doughcrty
Road within the jurisdictional limits of CITY as the only truck access route to haul heavy equipment and
materials to thc "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 Doughcrty 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 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 thc Windcmere Ranch
project; and
WHEREAS, "Phase One" of thc Windemere Ranch project, which also includes "Phase lB", consists
of a General Plan and Specific Plan Amendment, Rczoning, 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 Doughcrty 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
WHEREAS, condition 278 oft he 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
WHEREAS, 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 lB" 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 lB" track 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: Councilmembers McCormick, Oravetz, Sbranti and Zika, and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None ~/3~~
/~ .... ma~or
Del~uty City Clerk'
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