HomeMy WebLinkAboutReso 114-04 AmendAgmtWindmere 'RESOLUTION NO. 114 - 04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING SECOND 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, Sectiot~ 10 of the Agreement specified the Agreement shall terminate on June 30, 2003; and
WHEREAS, said agreement was amended on June 17, 2003, to extend the term of the agreement to June 30,
2004, allowing DEVELOPER to use Dougherty Road within the jurisdictional limits of CITY as the main truck
access route to haul heavy aggregate base, concrete and asphalt materials to the Windemere Ranch project site to
complete Phase lB improvements and construct new roads for Phase 2 of the project; and
WHEREAS, DEVELOPER has now completed the Phase lB and Phase 2 project improvements; and
WHEREAS, DEVELOPER plans to construct Phase 4 project improvements prior to constructing Phase 3
improvements; and
WHEREAS, DEVELOPER desires to use Dougherty Road within CITY to haul rock, concrete and paving
materials to construct new roads for Phase 4 improvements during Fiscal Year 2004-2005; and
WHEREAS, truck deliveries along Dougherty Road within CITY could reach an average of 100 trucks per
day on certain days during Phase 4; and
V~IEREAS, the term of the Agreement is proposed to be extended to terminate on June 30, 2005;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hexeby
approve the Second Amendment to the Agreement with Windemere BLC Land Company LLC, which is attached
hereto as "Exhibit. A.."
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the Amendment.
PASSED, APPROVED AND ADOPTED this 15th day of June, 2004.
AYES: Councilmembers McCormick, Orav~z, Sbranti and Zika, and Mayor Lockhart
NOES: None
ABSENT: None
D~pfity City Clerk
G:\CC-MTGS~2004-qlt2~June~)6-15~04~R~o-Win~.doc (Item 7.3 )
EXHIBIT "A" OF RESOLUTION 1~-04
SECOND 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 specified a termination date of June 30, 2003; and
WHEREAS, said agreement was amended on June 17, 2003 to extend the term of the agreement
to June 30, 2004, allowing DEVELOPER to use Dougherty Road within the jurisdictional limits of CITY as the
main truck access route to haul heavy aggregate base, concrete and asphalt materials to the Windemere Ranch
project site to complete Phase lB improvements and construct new roads for Phase 2 of the project; and
WHEREAS, DEVELOPER has now completed the Phase lB and Phase 2 project improvements;
and
WHEREAS, CITY has identified certain impacts on pavement conditions on Dougherty Road
within CITY, which are determined to be caused, in part, by Phase lB and Phase 2 truck traffic; and
WHEREAS, DEVELOPER has agreed to mitigate its fair share of the impacts on pavement
conditions on Dougherty Road within CITY due to Phase 1B and Phase 2 truck traffic, as determined by CITY, by
repairing approximately 2,000 square feet of pavement on southbound Dougherty Road south of Amador Valley
Boulevard (i.e., by grinding asphalt, re-compacting aggregate base and repaying with new asphalt) and contributing
$11,422 in cash to slurry seal Dougherty Road between Dublin Boulevard and the northern CITY limit; and
WHEREAS, implementation of said mitigations will constitute completion of prior obligations by
DEVELOPER to mitigate Phase 1B and Phase 2 truck traffic impacts on Dougherty Road; and
WHEREAS, DEVELOPER plans to construct Phase 4 project improvements prior to constructing
Phase 3 improvements; and
WHEREAS, DEVELOPER desires to use Dougherty Road within CITY to haul rocking, concrete
and paving materials to construct new roads for Phase 4 improvements during fiscal year 2004-2005; and
WHEREAS, truck deliveries along Dougherty Road within CITY could reach an average of 100
trucks per day on certain days during Phase 4; and
WHEREAS, CITY has determined that Phase 4 truck traffic will require increasing the frequency
of street sweeping on Dougherty Road within CITY from the current interval of twice-a-month (or 24 times a year)
to once-a-week (or 52 times a year); and
WHEREAS, DEVELOPER has agreed to make cash payment to CITY in the amount of $2,543.52
to cover the incremental cost of increasing the frequency of street sweeping on Dougherty Road within CITY from
the current interval of twice-a-month to once-a-week during fiscal year 2004-2005; and
WHEREAS, DEVELOPER and CITY wish to extend the term of said agreement to terminate on
June 30, 2005;
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, 2005.
(2) DEVELOPER shall mitigate its fair share of the impacts on pavement conditions on Dougherty
Road within CITY due to Phase lB and Phase 2 truck traffic, as determined by CITY, by repairing approximately
2,000 square feet of pavement on southbound Dougherty Road south of Amador Valley Boulevard (i.e., by
grinding asphalt, re-compacting aggregate base and repaving with new asphalt) and contributing $11,422 in cash to
slurry seal Dougherty Road between Dublin Boulevard and the northern CITY limit by June 30, 2004.
(3) DEVELOPER shall make cash payment to CITY in the amount of $2,543.52 by June 30, 2004 to
cover the incremental cost of increasing the frequency of street sweeping on Dougherty Road within CITY from
the current interval of twice-a-month to once-a-week during fiscal year 2004-2005,
(4) DEVELOPER may operate construction trucks on Dougherty Road within CITY to and from the
project site for Phase 4 from of 9:00 a.m. to 4:00 p.m., Monday through Saturday only.
(5) DEVELOPER shall submit to CITY a construction truck access plan no later than May 6, 2005 to
cover any remaining period after June 30, 2005 to complete road construction for Phase 4 for CITY review and
approval.
(6) DEVELOPER shall survey Dougherty Road in December 2004, as well as prior to termination of
the amended agreement, as directed by CITY, to determine the extent of pavement deterioration due to Phase 4
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.
(7) DEVELOPER shall guarantee compensation for pavement damage to Dougherty Road by the
$100,000 Faithful Performance Bond, which was previously issued in favor of CITY with the original agreement in
September 2002.
CITY OF DUBLIN
ATTEST: Mayor
City Clerk
Date:~
G..IDEVELOP[V~indemereMgreement Amend Exhibit 6-15-04. doc
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