HomeMy WebLinkAboutItem 4.03 Windemere Rch Release Sec
CITY CLERK
File # D~[Q][QJ-~~
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: March 18, 2008
SUBJECT:
Release of Securities Associated with Construction Truck Access
Agreement (Windemere BLC Land Company, LLC, A California
Limited Liability Company)
Report Prepared by: Jaimee Bourgeois, Traffic Engineer
ATTACHMENTS:
Resolution approving the Release of Securities associated with
Construction Truck Access Agreement with Windemere BLC Land
Company, LLC
RECOMMENDATION:
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Adopt the Resolution approving the Release of Securities associated
with the Construction Truck Access Agreement with Windemere
BLC Land Company, LLC.
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FINANCIAL STATEMENT:
The developer of the Windemere Ranch Development project paid
for increased street sweeping services for Fiscal Years 2005-2006
and 2006-2007. The developer also repaired pavement damage to
Dougherty Road within the City of Dublin caused by project truck
trips to the site in Fiscal Year 2006-2007. No additional money is
required.
DESCRIPTION: The Windemere BLC Land Company, LLC (Windemere BLC),
recently completed the Windemere Ranch Development within Contra Costa County. The City entered
into a Construction Truck Access Agreement with Windemere BLC on October 15, 2002, via City
Council Resolution No. 191-02, which granted this developer permission to access the Windemere Ranch
Development within Contra Costa County via Dougherty Road in Dublin between Interstate 580 and the
City limit. At that time, trucks were hauling heavy aggregate base and asphalt materials to the site to
construct new roads for Phase IB of the project. Section 10 of the agreement specified that the agreement
would terminate on June 30, 2003.
The agreement was subsequently amended on June 17,2003, via City Council Resolution No. 136-03, to
extend the term of the agreement to June 30, 2004, and allow the Windemere Ranch project developer to
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COPY TO: Steven M. Jones, Lennar Corporation
Page 1 of2
ITEM NO. 1f:.3
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continue using Dougherty Road through the City as the main truck access route for completion of Phase
IB improvements and construction of new roads for Phase 2 in Fiscal Year 2003-2004.
The truck access agreement was amended for a second time on June 15,2004, via City Council Resolution
No. 114-04, to extend the term of the agreement to June 30, 2005, and allow the Windemere Ranch
project developer to continue using Dougherty Road through the City for Phase 4 road improvements in
Fiscal Year 2004-2005.
The truck access agreement was amended for a third time on June 21, 2005, via City Council Resolution
No. 102-05, to extend the term of the agreement to June 30, 2006, and allow the Windemere Ranch
project developer to continue using Dougherty Road through the City as the main truck access route to
transport materials to build homes for Phase 4 and haul rocking, concrete and paving materials to
construct new roads for Phase 5 in Fiscal Year 2005-2006.
The developer mitigated its fair share of pavement impacts on Dougherty Road incurred during Fiscal
Year 2005-2006 by repairing approximately 4,260 square feet of pavement on northbound Dougherty
Road between Amador Valley Boulevard and the City limit.
The truck access agreement was amended a fourth time on June 20, 2006, via City Council Resolution No.
127-06, to extend the term of the agreement to June 30, 2007, and allow the Windemere Ranch project
developer to continue using Dougherty Road through the City as the main truck access route to transport
materials to continue building homes for Phase 4, finish constructing roads for Phase 5, construct new
roads for Phase 3 (as the last phase of the project), and build homes for Phases 3 and 5 in Fiscal Year
2006-2007.
Truck hauling activity terminated in June 2007. The developer's consultant completed final deflection
tests, collected photographic and video documentation, and prepared a final damage assessment report to
the satisfaction of the Public Works Director.
At the time the City and Windemere BLC Land Company, LLC, executed the Construction Truck Access
Agreement and subsequent amendments for the use of Dougherty Road, the developer provided a
Performance Bond and a Bond Rider, each in the amount of $200,000.00, and another Performance Bond
in the amount $100,000.00 to guarantee pavement damage improvements resulting from truck traffic.
Now that the Windemere Ranch Development work is complete, these bonds may be released in
accordance with the authority contained in g66499.7 of the Government Code. A Maintenance Bond is
not required.
Staff recommends that the City Council adopt the Resolution approving the Release of Securities
associated with the Construction Truck Access Agreement with Windemere BLC Land Company, LLC.
Page 2 of2
RESOLUTION NO. - 08
/1cQ
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING RELEASE OF SECURITIES ASSOCIATED WITH CONSTRUCTION TRAFFIC
FOR WINDEMERE RANCH DEVELOPMENT
(WINDEMERE BLC LAND COMPANY, LLC)
WHEREAS, the City of Dublin, hereinafter referred to as "CITY", and Windemere BLC Land
Company, LLC, a California Limited Liability Company, hereinafter referred to as "DEVELOPER",
entered into a Construction Truck Access Agreement on October 15, 2002, approved by City Council
Resolution No. 191-02; and
WHEREAS, said Agreement specified a termination date of June 30, 2003; and
WHEREAS, said Agreement was amended on June 17, 2003, via City Council Resolution No.
136-03, 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 IB project
improvements and construct new roads for Phase 2 improvements in Fiscal Year 2003-2004; and
WHEREAS, said Agreement was amended for a second time on June 15,2004, via City Council
Resolution No. 114-04, to extend the term of the Agreement to June 30, 2005, allowing DEVELOPER to
use Dougherty Road within the jurisdictional limits of CITY as the main truck access route to haul
rocking, concrete and paving materials to construct new roads for Phase 4 project improvements in Fiscal
Year 2004-2005; and
WHEREAS, said Agreement was amended for a third time on June 21, 2005, via City Council
Resolution No. 102-05, to extend the term of the Agreement to June 30, 2006, allowing DEVELOPER to
use Dougherty Road within the jurisdictional limits of CITY as the main truck access route to transport
materials to build homes for Phase 4, finish constructing roads for Phase 5, construct new roads for Phase
3 (as the last phase of the project), and build homes for Phases 3 and 5 in Fiscal Year 2006-2007, and
WHEREAS, said Agreement was amended for a fourth time on June 2, 2006, via City Council
Resolution No. 127-056, to extend the term of the Agreement to June 30, 2007, allowing DEVELOPER to
use Dougherty Road within the jurisdictional limits of CITY as the main truck access route to transport
materials to build homes for Phase 4, finish constructing roads for Phase 5, construct new roads for Phase
3 (as the last phase of the project), and build homes for Phases 3 and 5 in Fiscal Year 2006-2007; and
WHEREAS, DEVELOPER has completed the work governed by the Construction Truck Access
Agreement to the satisfaction of the Public Works Director; and
WHEREAS, the original Performance Bonds and Bond Rider that guaranteed the pavement
damage improvements can be released, in accordance with the authority contained in g66499. 7 of the
Government Code of the State of California;
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ATTACHMENT
NOW, THEREFORE, BE IT RESOLVED that:
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1. The improvements completed within Dougherty Road are hereby approved and accepted;
and
2. The original Performance Bond issued by The American Insurance Company in the amount
of $200,000.00 (Bond No. 111-3351-8347) for improvements be released; and
3. The original Bond Rider issued by Fireman's Fund Insurance Companies for the
Performance Bond in the amount of $200,000.00 (Bond No. 111-3351-8347) for
improvements be released; and
4. The original Performance Bond issued by St. Paul Fire and Marine Insurance Company in
the amount of$100,000.00 (Bond No. SV 9785) for improvements be released.
PASSED, APPROVED AND ADOPTED this 18th day of March, 2008, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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