HomeMy WebLinkAboutReso 136-03 WindmereBLCAmndAgmt RESOLUTION NO. 136 - 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
WltEREAS, DEVELOPER has not completed the Phase 1B 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 within CITY could reach an average volume
of 15 trucks per day on certain days during the remainder of Phase 1 B, 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:
ABSTAIN: _..-~//
ATTEST: ~~C~ ~ Mayor
' ~,. ~tyClerkx'~
K2/G/6-17-03/reso-windemerL~trucks. doc (Item 8.2)
G: ~DEVELOPlWindemerelReso Amend Agrnt Windemere 6-17-03. doc
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 i-oads 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. ~5~/~5~g ~~~~
CI ~r/OF DU ," ,
ATTEST: ~~~_~.~ ~ "' Mayor
' ~Cit~}Clerk .... }~ .
G.'tDE?ELOP[FDndemereMgreement Amend Exhibit 6-17-O3.doc ~ t'