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HomeMy WebLinkAbout8.2 Windemere CnstTrkAccesCITY CLERK File # 1:16106-&[61 AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 17, 2003 SUBJECT: Amendment to 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) Original Agreement RECOMMENDATION: Adopt resolution approving the proposed amendment to the current Construction Truck Access Agreement with Windemere BLC Land Company, LLC FINANCIAL STATEMENT: The developer of the Windemere Ranch project, located within Contra Costa County, intends to continue using Dougherty Road within the City of Dublin as a truck access route to haul heavy equipment and materials to the project site through June 2004. Under the current agreement, the developer agreed to compensate the City for any pavement damage to Dougherty Road within Dublin caused by the project truck trips to the site during Phase 1B construction. Concurrent with the execution of the amendment to this agreement, the $100,000 Faithful Performance Bond that was previously issued in favor of the City with the original agreement to guarantee compensation for pavement damage to Dougherty Road will remain into effect. In addition, the developer will be required to conduct periodic surveys for any pavement deterioration on Dougherty Road. DESCRIPTION: The City entered into a Construction Truck Access Agreement with Windemere BLC in October 2002, which granted this developer permission to access the Windemere Ranch Development within Contra Costa County via Dougherty Road in Dublin to haul heavy aggregate base and asphalt materials to the project site to construct new roads within Phase 1B of the project. Section 10 of the agreement specified that the agreement would terminate on June 30, 2003. --------------------------------------------------------------- COPIES TO: Brian Olin, Lennar Communities Teri Rie, Contra Costa County n GADEVELOP\Windemere\AgSt WindemereITEM NO. job _06-03 extension.doc -Z �� City Staff has been informed that the Phase lB improvements are not yet completed, and it is also necessary to construct new roads for Phase 2. It will therefore be necessary for the developer to continue using Dougherty Road through the City of Dublin as the main truck access route to haul heavy aggregate base and asphalt materials to the project site of the Windermere Ranch project. The developer is subsequently requesting that the agreement be extended until June 30, 2004. The original agreement specified that the developer would compensate the City for any pavement damage to Dougherty Road caused by Phase lB project trips to the site. This compensation is guaranteed by the faithful performance bond in the amount of $100,000 that was previously issued in favor of the City with the original agreement in September 2002. A videotaping survey of pavement conditions on Dougherty Road was conducted shortly after the original agreement was executed in October 2002. A second videotaping survey is scheduled for the week of June 23, 2003, prior to termination of the original agreement. Public Works Staff will review both tapes to detect any deterioration in pavement conditions that could be attributed to the Windemere truck traffic. In addition, Staff has made visual inspections on Dougherty Road to ensure that noticeable changes to pavement conditions that may require immediate remedy have not occurred. Staff will continue to make these visual observations during the term of the extended agreement. This amendment stipulates that the developer will survey Dougherty Road in December 2003 and at the end of the agreement term (June 30, 2004) using written documentation and videotaping to determine the extent of pavement deterioration due to Phase lB and Phase 2 truck deliveries. The developer is also agreeing to submit for the City's review and approval a construction truck access plan should the road construction for Phase 2 not be completed by June 30, 2004. Staff recommends that the City Council adopt the resolution approving the proposed amendment to the current Construction Truck Access Agreement with Windemere BLC Land Company, LLC. Page 2 ,~ RESOLUTION NO. - 03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENT TO AGREEMENT WITH WINDEMERE BLC LAND COMPANY LLC WHEREAS, the City of Dublin, hereinafter referred to as "CITY", entered into a Construction Truck Access Agreement with Windemere BLC Land Company LLC, A California Limited Liability Company, hereinafter referred to as "DEVELOPER", on October 15, 2002; and WHEREAS, Section 10 of the Agreement specified that the Agreement shall terminate on June 30, 2003; and WHEREAS, DEVELOPER has not completed the Phase lB improvements which require using 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 this phase of the Windemere Ranch project; and WHEREAS, truck deliveries along Dougherty Road w/thin CITY could reach an average volume of 15 trucks per day on certain days during the remainder of Phase lB, possibly ending in summer 2003; and WHEREAS, DEVELOPER desires to use Dougherty Road within CITY to haul rocking and paving materials to construct new roads for Phase 2 of the Windemere Ranch project, starting in October 2003 and possibly lasting until early 2004, as weather permits; and WHEREAS, truck deliveries along Dougherty Road within CITY could reach an average volume of 100 trucks per day on certain days during Phase 2; and WHEREAS, the term of the Agreement is proposed to be amended to extend the term of the Agreement to terminate on June 30, 2004; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Amendment to the Agreement (extension of term) with Windemere BLC Land Company LLC, which is attached hereto as "Exhibit A." PASSED, APPROVED AND ADOPTED this 17th day of June, 2003. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk i~T~5'/x6. G:tDEVELOP1WindemerelReso Amend Agmt Windemere 6-17-03.doc ,~!, 4 i ~5 EXHIBIT "A" OF RESOLUTION -03 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND WINDEMERE BLC LAND COMPANY LLC WHEREAS, the City of Dublin, hereinafter referred to as "CITY", entered into a Construction Truck Access Agreement with Windemere BLC Land Company LLC, A California Limited Liability Company, hereinafter referred to as "DEVELOPER", on October 15, 2002; and WHEREAS, said agreement terminates on June 30, 2003; and WHEREAS, DEVELOPER has not completed the Phase lB improvements which require using 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 this phase of the Windemere Ranch project; and WHEREAS, DEVELOPER desires to use Dougherty Road within CITY to haul rocking and paving materials to construct new roads for Phase 2 of the Windemere Ranch project, starting in October 2003 and possibly lasting until early 2004, as weather permits; and WHEREAS, DEVELOPER and CITY wish to extend the term of said agreement to terminate on June 30, 2004; NOW, THEREFORE, the parties hereto agree to amend said agreement as follows: (1) The term of the agreement shall be extended to terminate on June 30, 2004. (2) DEVELOPER shall submit to CITY a construction truck access plan prior to May 15, 2004 to cover any remaining period after June 30, 2004 to complete road construction for Phase 2 for CITY review and approval. (3) DEVELOPER shall survey Dougherty Road in December 2003, as well as prior to termination of the amended agreement, as directed by CITY, to determine the extent of pavement deterioration due to Phase lB and Phase 2 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. (4) DEVELOPER shall guarantee compensation for pavement damage to Dougherty Road by the $100,000 Faithful Performance Bond that was previously issued in favor of CITY with the original agreement in September 2002. CITY OF DUBLIN Mayor ATTEST: City Clerk WINDEMERE BLC LAND COMPANY LLC Date: G:IDEVELOPt WindemereMgreement Amend Exhibit 6-17-03. doc CITY OF DUBLIN CONSTRUCTION TRUCK ACCESS AGREEMENT This agreement is '.made and entered into this ~.)day of f,~J'f~2.~c4 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". WITNESSETH 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 1B" 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 1B"; and Construction Truck Access Agreement 9/27/2002 City of Dublin / Windemere BLC Land Company Page 1 of 3 . 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 1B" 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). sha, not be assigned by DEVELOPER without the written Section 7. This Agreement ~'" consent of CITY. Section 8. DEVELOPER shall be responsible for any and all loss, accident, neglect, injury nr rtamar~,', fn n,',renn lif,~, nr nrnn~rtw ~A/hich m~y h~ the re~lt nf nr may be em~d hy DEVELOPER's use of Doughe~y Road, and for which CI~ might be held liable. Construction Truck Access Agreement 9/27/02 City of Dublin / Windemere BLC Land Company 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  / M~yo~' AT..~ST: ' ~itY Clerk' ' 0 DEVELOP% Type or Print Name Title G:~DEVEL OP\ Windemere ~ Truck access agmt_phaSe f B_updafed. doc Construction Truck Access Agreement 9/27/2002 City of Dublin / Windemere BLC Land Company Page 3 of 3