HomeMy WebLinkAboutItem 4.02 WindemereTruckAmendCITY CLERK FILE # 600-30
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: March 19, 2002
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:
1)
2)
Adopt resolution approving the proposed amendment to
the current Construction Truck Access Agreement with
Windemere BLC Land Company LLC
Authorize the Mayor to execute the agreement
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 the only truck access route to haul
heavy equipment and materials to the project site through April
2002. 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 One construction. Concurrent with the execution of the
amendment to this agreement, the developer shall extend the bond
term limit for the $200,000 Faithful Performance Bond to April
2002 to guarantee compensation for pavement damage to Dougherty
Road. In addition, the developer will be required to reimburse all
City .costs for conducting random counts of Phase One trucks on
Dougherty Road and periodic street surveys for any pavement
deterioration.
DESCRIPTION: The City entered into a Construction Truck Access Agreement with
Windemere BLC in November 2001, which granted this developer permission to access the Windemere
Ranch Phase One Development within Contra Costa County via Dougherty Road in Dublin to haul heavy
equipment and materials to the project site. Section 11 of the agreement specified that the agreement shall
COPIES TO: Brian Olin, Lennar Communities
Teri Rie, Contra Costa County
ff.L
G:\DEVELOP\WindemereXAgSt_Windemere__03 -02 extension.doc
terminate when the developer has completed construction of the northern access road extension to North
Bollinger Canyon Road (see Attachment 2) or March 31, 2002, whichever occurs first.
Windemere BLC has recently informed City Staff that due to delays with construction, the northern access
extension would not be completed by March 31, 2002, and that construction trucks would still need to use
Dougherty Road to access the project site through April 2002. Windemere BLC has requested an
amendment to the Current truck access agreement with the City to extend the termination of the agreement
until the developer has completed the northern access via North Bollinger Canyon Road or April 31,
2002, whichever occurs first.
The original agreement specified that the developer would compensate the City for any Pavement damage
to Dougherty Road caused by Phase One project trips to the site. This compensation is guaranteed by
extending the faithful performance bond in the amount of $200,000 that was previously issued in favor of
the City with the original agreement in November 2001~
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 and authorize
the Mayor to execute the agreement.
Page 2
RESOLUTION NO. - 02
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 November 6, 2001; and
WHEREAS, Section 11 of the Agreement specified that the Agreement shall terminate when
DEVELOPER has completed construction of the northern access road extension to North Bollinger
Canyon Road or March 31, 2002, whichever occurs first; and
WHEREAS, DEVELOPER has not completed the northern access road extension to North
Bollinger Canyon Road; and
WHEREAS, the term of the Agreement is proposed to be amended to extend the term of the
Agreement until DEVELOPER has completed the northern access road extension to North Bollinger
Canyon Road or until April 30, 2002, whichever occurs earlier;
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 19th day of March, 2002.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
G:lDEVELOPIWindernerelReso Amend Agmt Windemere 3-19-02. doc
EXHIBIT "A" OF RESOLUTION -02
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 November 6, 2001; and
WHEREAS, said agreement terminates when DEVELOPER has completed the northern
access road extension to North Bollinger Canyon Road or March 31, 2002, whichever occurs earlier; and
WHEREAS, DEVELOPER has not completed the northern access road extensiOn to North
Bollinger Canyon Road; and
WHEREAS, DEVELOPER and CITY wish to extend the term of said agreement to
terminate when DEVELOPER has completed the northern access road extension to North Bollinger
Canyon Road or April 30, 2002, whichever occurs earlier;
NOW, THEREFORE, the parties hereto agree as follows:
(1) The term of the agreement shall be extended to terminate when DEVELOPER has
completed the northern access road extension to North Bollinger Canyon Road or April 30, 2002, which
ever occurs earlier.
(2) DEVELOPER shall survey Dougherty Road prior to April 6, 2002, or as approved
otherwise by CITY, to determine the extent of pavement deterioration. 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.
CITY OF DUBLIN
ATTEST:
Mayor
City Clerk
WINDEMERE BLC LAND COMPANY LLC
G:~DEVELOPIWindemereMgreernent Amend Exhibit 3-19-02.doc
Date:
CITY OF DUBLIN
CONSTRUCTION TRUCK ACCESS AGREEMENT
This agreement is made and entered into this~ day of,./~J., 2001, 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, and said'agreement terminated on October 31, 2001; and
WHEREAS,. it has been determined by .CITY that DEVELOPER desires to continue
using Dougherty Road within the jurisdictional limits of CITY as the only truck access route to
haul heavy equipment and materials to the proposed Windemere Ranch project, located within
the 'County of Contra Costa, to perform on- and off-site mass grading and improvements,
including Bollinger Canyon Road improvements, North Boilinger Canyon Road extension,
Alamo Creek bridge and culverts improvements, water improvements, fire facilities, Partial
sanitary sewer and-storm drain, underground, utilities, street improvements, and landscaping
and lighting; and
WHEREAS, Phase One of the Windemere Ranch project 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, DEVELOPER intends to make an average of 13 truck deliveries per day to
the project site between November 1, 2001 'and March-31, 2002 for continuation of grading
and construction for .Phase One; and
WHEREAS, DEVELOPER intends to complete construction of the northern access road
extension to the project site by March 31 ,. 2002; and
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 CI'TY 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:
Construction Truck Access Agreement
City'of Dublin / Windemere BLC Land Company
Section 1. DEVELOPER may continue to operate construction trucks on Dougherty Road
within the City of Dublin to and from the project site for Phase One from 9:00 a.m. to 4:00
p.m., Monday through Saturday only.
Section 2. CITY will conduct random counts of DEVELOPER's'trucks on Dougherty Road to
verify reasonable compliance with average daily estimates of truck deliveries per day.
Section 3. DEVELOPER shall submit to CITY a construction truck access plan pdor to
March 31, 2002 to cover the remaining pedod after March 31, 2002 to complete grading and
construction for Phase One for CITY review and approval.
Section 4. DEVELOPER agrees to compensate CITY for all direct and indirect damage to
Dougherty Road within Dublin caused by Phase One truck tdps, as set forth below.
Section 5. DEVELQPER shall survey Dougherty Road immediately after this agreement is
executed and before termination of this agreement to determine the extent of pavement
deterioration. DEVELOPER shall furnish to CITY wdtten documentation and videotapes of
pavement .conditions and deterioration on Dougherty Road. CITY will consult with
DEVELOPER regardi.ng 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 6. DEVELOPER agrees to reimburse all CITY costs incurred in conducting random
counts of project trucks and surveying pavement deterioration on Dougherty Road during the
period of this :agreement.
Section 7. 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
C~TY, 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.
bond shall be in the penal sum of TWO HUNDRED THOUSAND DOLLARS
The
($200,000).
Section 8. This Agreement shall not be assigned by DEVELOPER without the wdtten
consent of CITY.
Section 9. DEVELOPER shall be responsible for any and all loss, accident, neglect,' injury
or damage to person, life Or property which may be.the result of or may be caused by
DEVELOPER's use of Dougherty Road, and for which CITY might be held liable.
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.
Construction Truck Access Agreement
City. of Dublin'/Windemere BLC Land Company
October 30, 2001
Page 2 of 3
Section 10. 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 p.arty shall be entitled to recover its attorneys' fees and court costs.
Section 11. This agreement shall terminate when DEVELOPER has. completed the northern
access road extension to North Bollinger Canyon Road orMamh 31~, 2002;"which ever occurs
eadier.
Section 12. This agreement shall satisfy DEVELOPER's obligation under Condition 278 of
Conditions of Approval for Subdivision 7976 until the agreement terminates pursuant to
Section 11. Thereafter, DEVELOPER shall enter into a new agreement.with CITY for use of
Doagherty 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.
G:\DEVELOP\Windemere\Truck access agmLRenewed.doc
CITY OF DUBLIN
//: ' Mayor
DEVELOPER
Construction Truck Access Agreement
City of Dublin / Windemere BLC Land Company
OCtober 30, 2001
Page 3 of 3