HomeMy WebLinkAboutItem 8.1 Windemere Construction Truck Access
CITY CLERK
File # D~[Q][Q]-[3J~
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 20,2006
Fourth Amendment to COllBtruction Truck Access Agreement with
Windemere BLC Land Company, LLC, A California Limited
Liability Company
Report Prepared bv Ray Kuzbari, Traffic Engineer
SUBJECT:
ATTACHMENTS:
RECOMMENDATION:~ 1)
2)
FINANCIAL STATEMENT:
1)
Proposed Resolution, together with Exhibit "A," Fourth
Amendment to Agreement
Resolution Approving Third Amendment to Agreement
Resolution Approving Second Amendment to Agreement
Resolution Approving Amendment to Agreement
Resolution Approving Original Agreement
Budget Change Form
2)
3)
4)
5)
6)
Adopt Resolution approving the proposed Fourth
Amendment to the Construction Truck Access Agreement
with Windemere BLC Land Company, LLC
Approve budget change in the total amount of$I,632 to the
General Fund
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 2007
Under the current agreement, the developer agreed to make a fair.
share contribution to repair the pavement damage to Dougherty
Road within Dublin caused by the project truck trips to the site in
Fiscal Year 2005-2006.
Concurrent with the execution of the proposed Fourth Amendment
to this agreement, the $100,000 Faithful Performance Bond, which
was previously issued in favor of the City with the original
agreement to guarantee compensation for pavement damage to
COpy TO:
G:\DEVELOP\Windemere\AgRl Agree~nt Am~nd 6~2(}-06,d(JC
Page 1 of4
ITEMNO.~
CI
Doughcrty Road, will remain in effect. In addlhon, the developer
will be requircd to eonduet periodic surveys for any pavement
deterioration on Dougherty Road and make eash payment to eover
the cost of maintaining street swecping services on Dougherty Road
at the interval of once a week due to truck traffic from the projeet.
A budget ehange in the total amount of $1,632 IS reqUIred to
appropriate funds to street sweeping services (General Fund),
including $634 in reimbursable funds to he collected from the
Windemere pnlJect developer
DESCRIPTION: The City entered into a ConstructlOn Truek Aeeess Agreement with
Windemere BLC m October 2002, whICh granted this devclopcr pcrmission to access the Windemere
Raneh Dcvelopment within Contra Costa County via Dougherty Road in Dublin. At that tnne, trucks
wcre hauling heavy aggrcgatc basc and asphalt materials to the site to construct new roads for Phase 1 B or
the project. Section 1 () of the agreement speCIfied that the agreement would terminate on June 30, 2003
This agreement was subsequently anlended on June 17,2003, to extend the term of the agreement to .Tune
30,2004, and allow the project developer to contmue usmg Dougherty Road through the City of Dublin as
thc main tmck aeeess route for eompletion of Phase lB improvements and constructlOn of new roads for
Phase 2. The proJect developer completed Phase 1 B and Phase 2 improvements in Fiscal Year 2003-2004
and met its fair-sharc obligations to mitigatc tmck traffic impacts on Dougherty Road m Fiscal Years
2002-2003 and 2003-2004
Thc tmck acccss agrccmcnt was amcndcd for a sccond time on June 15, 2004, to extend the term of the
agreement to June 30, 2005, and allow the project developer to continue using Doughcrty Road through
the City for Phase 4 road improvcments in Fiscal Ycar 2004-2005 Thc project developer completed these
road improvements, as plmmed, and met its fair-share obligations to mItIgate truck traffic Impacts on
Dougherty Road in Fiscal Year 2004-2005
The truck access agreement was amended for a tlmd tnne on June 21, 2005, to extend the term ofthc
agreenlent to .Tune 30, 2006, and allow the project dcvelopcr to continuc using Dougherty Road through
tlle City as the main truck access route to transport materials to build homes for Phase 4 and haul rocking,
concrete and pavmg matenals to construct new roads for Phase 5 in Fiscal Ycar 2005-2006. Thus far, the
dcveloper has partially completcd building homcs for Phase 4 and constmcting roads for Phase 5
Thc projcct dcvelopcr plans to continuc building homcs for Phasc 4, finish constmcting roads for Phase 5,
constmct new roads for Phase 3 (as the last phase of the proJect), and build homes for Phases 3 and 5 in
Fiscal Vear 2006-2007 The developer intends to use Dougherty Road through the City as the main tmck
access route to transport matenals to build homes and haul rockmg, concrete and paving matcrials to
construct new roads in Fiscal Year 2006-2007 As a result, the developer is rcquesting that thc term of the
agrccmcnt bc cxtendcd to Junc 30, 2007, by which time the developer anticipates completing proJect
constmction.
City Stafr has expklred the possihihty of slgmng a multi-year contract with Windcmcrc sincc 2003 to
covcr its tmck access needs without having to renew the tmck acccss agrccment on an annual basis.
Dcspitc thcse negotiations, Windemere has always maintaincd its dcsirc to rcnew the agreement on an
armual basis bccausc of thc unccrtainty of how much of the plaJUled constmction can actually he
accomplishcd m any gIVen year and whcthcr it madc scnse for this developer to keep using Doughcrty
Road as the main tmck access route to the SIte for more than one additional ycar. As a result, the City has
honored Windemere'~ desIre every year to amend thc tmck access agreement on an annual hasls.
IT 2005-2006 Impacts and Mitil!ations
City Staff recently conducted a field review of pavcmcnt conditions on Dougherty Road and Identified
impacts on the roadway within City limits due, in part, to Windenlere truck traffic in Fiscal Y car
2005-2006. The developer is agreemg to mlhgate its fair sharc of thcse impacts by repamng
approximately 4,260 square feet of pavement on northhound Doughcrty Road north of Amador Valley
Houle, ard. The repaIr will consist or grinding cxisting asphalt, re-compactmg aggregate hase and
rcpaving with ncw asphalt.
Proposed Obliutions for FY 2006-2007
It IS estnnated that truck dehvene~ along Dougherty Road through the City of Dublin could reach an
average of 50 tmcks per day on ccrtain days in Fiscal Year 2006-2007 The pmate firm of Univcrsal
Building Serviccs is currcntly under contract with the City to perform sweeping services of City streets on
a twice-a-month basis (or 24 times a year). However, Dougherty Road has bccn upgraded to a once-a-
week sweeping interval hegmning in .Tuly 2004 at thc project developer's expense due to mcreased tnIck
traffic from the project.
Staff has determined that tmck traffic in Fiscal Vear 2006-2007 will requirc maintaining the current
sweepIng frequency on Dougherty Road of oncc-a-weck (or 52 times a year). Accordingly, the developer
is agrccing to makc a cash payment to the City by June 30, 2006, In the amount of $634 to covcr thc cost
of the upgraded sweeping frequency on Dougherty Road. A budgct changc is required to recognize the
new General Fund revenue which would suhsequently bc appropriated for street sweepmg servIces. The
total amount rcqucstcd for thc budget change is $1,632 to cover the extra cost of upgrading strcct
sweepmg on Dougherty Road to once-a-week in Fiscal Ycar 2006-2007 This will include carrymg
forward $998 (i.e., $1,632 - $634 = $998) in unused funds prevwusly collected from thc Windemere
developer for upgrading sweepmg serVIces III Fiscal Year 2005-2006. Thc unuscd funds were the result of
reduced charges lor sweeping scrviccs on Doughcrty Road in 2006.
The proJect developer has agreed to perform a pavemcnt dcflection test and videotape surveys on
Dougherty Road to detcrminc thc cxtcnt ofpavcmcnt deterioration due to truck dehveries in Fiscal Ycar
2006-2007 and any required mitigations. In addition, Staff will make visual inspections of Dougherty
Road dunng the term of the cxtcndcd agrccmcnt to cnsure that any sudden changes 10 pavement
conditions that may require illllllediate attention are remedied III a timely manner.
The developer is also agreeing to submit for Staff rcvicw and approval a constructIOn truck access plan hy
May 4,2007, if constmction completion oftlle Windemere proJect cannot be achIeved by .Tune 30, 2007
The original agreement and the subsequent three amendments to the agreement spccificd that thc
developer would compensate the City for any pavemenl damage to Doughcrty Road caused by truck trips
to the project site. This compensation was guarantccd by a faithful perfornlance bond III the amount of
$100,000, which was issucd in favor of tlle City in conjunctIOn WIth the onginal agreement. This
compensation guarantee will remam m effect for any additIonal pavement damagc to Dougherty Road
resuHmg from truck traffic In Fiscal Year 2006-2007
Page 3 of 4
City Staff will continue to exercise due dihgence hy vIsually inspccting Doughcrty Road on a periodic
baSIS to ensure that unexpected changes in pavement conditlllns on Dougherty Road arc addrcsscd in a
timely fashion before thc term of the proposcd amcndmcnt cxpires.
Remainin2 Proiect Phases
Thc dcveloper has indicated that the last phase of the project (Phasc 3) will bc implcmcntcd in Fiscal Year
2006-2007 and that thc hauling activitics ofhcavy cquipmcnt and materials to the project site will end hy
.Tune 2007 The Windemere Parkway cOlUlection from the proJect slte to CamInO Tassajara is expected to
be completed and opened for tramc use in fall 2006. Since 2003, the Windcmcrc tmck acccss agrcement
with thc City has bccn subject to a term extension on an annual basis, as rcqucsted by the developer, to
cover each phase of the project individually as appropriate.
Staff Review of Proposed Amendment
The City Attomey's Office Staff has reVIewed the proposed Fourth Amendment to the subject agrccmcnt
and approvcd it as to lorm.
Recommcndation
Staffrecommends that the City Council adopt the Resolution approvmg the proposed Fourth Amendment
to thc Construction Truck Acccss Agrcement with Windcmcrc BLC Land Company, LLC, and approve
the budget change in the total amount of$I,632 to the General Fund.
Page 4 of 4
("f 2.1
RESOLUTION NO. - 06
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING FOURTH AMENDMENT TO AGREEMENT BETWEEN
THE CITV OF DUBLIN AND
WINDEMERE BLC LAND COMPANY LLC
WHEREAS, the City of Dublin, hereinafter referred to as "CITY", entered into a Construction
Tmck Access Agreement with Windcmcre BLC Land Company, LLC, A California Limited LIability
Company, hcrcinafter referred to as "DEVELOPER", on October 15, 2002; and
WHEREAS, said Agreen1Cnt specified a termination date of .Tune 30, 2003, and
WHEREAS, said Agreement was amended on June 17, 2003, to extend the term of the
Agreement to .Tune 30, 2004, allowing DEVELOPER to use Doughcrty Road within the jurisdictional
limits of CITY as thc main tmck access route to haul heavy aggregate base, concrete and asphalt matenals
to the Windcmere Ranch proJect sIte to complete Phase IB project improvements and construct new roads
for Phase 2 improvements in Fiscal Year 2003-2004, and
WHEREAS, DEVELOPER completed the Phase IB and Phase 2 project improvements in Fiscal
Vear 2003-2004, and
WHEREAS, said Agreement was amended for a second time on JUlle 15, 2004, to extend the
tenn of the Agreement to June 30, 2005, allowing DEVELOPER to use Doughcrty Road within the
jurisdictional limits of CITY as the main truck access route to haul rocking, concrete and paving matenals
to construct new roads for Phase 4 project improvements in Fiscal Vear 2004-2005, and
WHEREAS, DEVELOPER completed constructIon of roads for Phase 4 project improvements;
and
WHEREAS, said Agreement was amended for a third time on Junc 21, 2005, to cxtend the
term of the Agreement to June 30, 2006, allowing DEVELOPER to use Dougherty Road withIn the
jurisdictional limIts ofCTTY as the main truck access route to transport materials to build homes for Phase
4 projcct improvcmcnts and haul rocking, concrctc and paving materials to constmct new roads for Phase
5 improvements in Fiscal Vear 2005-2006, and
WHEREAS, DEVELOPER partially completed building homes for Phase 4 and constmcting ncw
roads for Phase 5 in Fiscal Year 2005-2006; and
WHEREAS, DEVELOPER plans 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 bnild homes for
Phases 3 and 5 in fiscal year 2006-2007; and
WHEREAS, DEVELOPER desires to usc Dougherty Road within CITV to transport materials
to build homes and haul rocking, concrete and paving materials to construct new roads in Fiscal Vear
2006-2007, and
10f2
IiJ "()D- Ow 6 I
ATTACIDT ',.
;2.,,(21
WHEREAS, truck dehveri.es along Dougherty Road within CITV could reach an average of 50
trucks per day on certain days in Fiscal Year 2006-2007, and
WHEREAS, the term of the Agreement is proposed to be extended to terminate on June 30, 2007,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublm does
hereby approve the Fourth Amendment to the Agrccmcnt with Windemere BLC Land Company, LLC,
attached hcreto as "Exhibit A."
BE IT FURTHER RESOLVED that the Mayor is hereby authori.zcd to execute the Amendment.
PASSED, APPROVED AND ADOPTED this 20th day of June, 2006.
AYES
NOES.
ABSENT
ABSTAIN
Mayor
ATTEST
City Clerk
G:\DEVELOPl Winuemere\Rf.!/io Agreement Amend 6-20.0ri.dQC
20f2
? oC1.1
EXHIBIT "A" OF RESOLUTlON -06
FOURTH AMENDMENT TO AGREEMENT
BETWEEN CITY OF DUBLIN AND
vnNDEMEREBLCLANDCOMPANYLLC
WHEREAS, the City of Dublin, hereinafter referred to as "CITY," entered into a Construction
Truck Acce$s Agreement with Windemere BLC Land Company, LLC, A California Limited Liahility
Company, hereinafter rderred to as "DEVELOPER" on October 15, 2002, and
WHEREAS, said Agreement specified a termination date of .Tune 30, 2003, and
WHEREAS, said Agreement was amended on June 17,2003 to extend the tcrm 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, DEVELOPER completed thc Phasc lB and Phase 2 project improvements in fiscal
year 2003-2004, and
WHEREAS, said Agreement was amended for a $econd time on June 15 2004 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 construe! ncw roads for Phase 4 project improvements in fiscal year 2004-2005, and
WHEREAS, DEVELOPER completed construction of roads for Phase 4 project improvements;
and
WHEREAS, DEVELOPER has met its fair-share obligations to mitigatc truck traffic impacts
identified by CITY on Dougherty Road in fiscal years 20U2"2003, 2003-2U04 and 2004-2005; and
WHEREAS, DEVELOPER contributcd eash paymcnt to CITY in June 2004 and June 2005 to
cover the incremental cost of increasing the frequency of street sweeping on Dougherty Road within
CITY from the normal interval of twice-a-month to once-a-weck in fiseal years 2004-2005 and 2005-
2006 as a result of anticipated truck traffic from the project; and
WHEREAS, said Agreement was amended for a third time on June 2 J, 2005 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 project
improvements and haLlI rocking, concrete and paving materials to construct new roads for Phase 5
improvements in fiscal year 2()05~2006; and
WHEREAS, DEVELOPER partially completed building homes for Phase 4 and constructing new
roads for Phase 5 in fiscal year 2005~2006; and
Fourth Amendment to
Construction Truck ACl,;ess Agreement
Ion
mIBlTA
To the Resolution
L1 oP 21
WHEREAS, DEVELOPER plans 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 fiscaJ year 2006-2007; and
WHEREAS, DEVELOPER desires to use Dougherty Road within CITY to transport materials tu
build homes and haul rocking, concrete and paving materials to construct new roads in fiscal year 2006-
2007, and
WHEREAS, truck deliveries along Dougherty Road within CITY could reach an average of 50
trucks per day on certain days in fiscal ycar 2006-2007, and
WHEREAS, CITY has determined that truck traffic from the project will require maintaining the
frcquency of street sweeping on Dougherty Road within CITY at the current interval of once-a-week (or
52 times a year) in fiscal year 2006-2007, and
'.
WHEREAS, DEVELOPER has agreed to make cash payment to CITY in the amount of $634 to
cover the cost of maintaining the frequency of street sweeping on Dougherty Road within CITY at the
current interval of once-a-week in fiscal year 2006-2007; and
WHEREAS, CITY has conducted afield review and identificd impacts on pavement conditions
on Dougherty Road within CjTY, which are determined to be caused, in part, by truck traffic from the
project in fiscal year 2005-2006, and
WHEREAS, DEVELOPER and CITY wish to extend the term of said Agreement to tcrminate on
Junc 30, 2007,
NOW, THEREFORE, the parties hereto agree to amend said Agreement as follows:
(I) Thc tcrm ofthc Agreement shall be extended to terminate on June 30, 2007.
(2) DEVELOPER shall mitigate its fair share of impacts on pavement conditions on
Dougherty Road due to tTuck traffic from the project in fiscal year 2005-2006, as determined by the field
review of Dwgherty Road within CITY, by repairing approximately 4,260 squarc feet of pavement on
northbound Doughcrty Road north of Amador Valley Boulevard to CITY limits (i.e., by grinding asphalt,
re-compacting aggregate base and repaving with new asphalt) !l() later than September 29. 2006.
(31 DEVELOPER shall perform a pavement deflection test in the rightmost travel lane (If
northbound Dougherty Road from 300 feet south of Wildwood Road to north CITY limits, and shall
complete the test no later than April 27. 2007
(41 DEVELOPER shall survey Dougherty Road in December 2006. as well as prior to
termination of the amcndcd Agreement, as directed by CITY, to determine the extent of pavement
deterioration due to truck dcliveries in fiscal year 2006-2007 DEVELOPER shall furnish to CITY
wrinen ducumentation and videotapes of pavemcnt conditions and deterioration on Duugher!) Road.
Fourth Amendment to
Construction Truck Acucss Agreement
20/'3
50.( 1-1
(5) CITY will review the videotape surveys and pavement deflection tests prior to termination
of the amended Agreement to determine the impacts on pavement conditions on Dougherty Road in fiscai
year 2006"2007 due, in part, to truck traffic from the project. 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. DEVELOPER shall make the necessary pavement rcpairs to mitigate its fair share of
impacts on pavement conditions on Dougherty Road in fiscal year 2006-2007 no later than September 28.
2007.
(6) DEVELOPER shall make cash payment to CITY in the amount of $634 bv June 30, 2006
to cover the cost of maintaining the frequcncy of street sweeping on Dougherty Road within CITY at the
current interval of once-a-week in fiscal year 2006"2007
(7) DEVELOPER may operate construction trucks on Dougherty Road within CITY to and
tram the project site trom of 9:00 a.m. to 4'00 p.m., Monday through Saturday only, in fiscal ycar 2001.>-
2007
(8) DEVELOPER shall submit to CITY a construction truck access plan no later than Mav 4.
2007 to cover any remaining period after June 30, 2007 to complete the project for CITY review and
approval.
(9) DIiVELOPER shall guarantee compensation for pavement damage to Dougherty Road by
the $100,000 Faithful Perfonnance Bond, which was previously issued in favor of CITY with the original
Agreement in September 2002.
CITY OF DUBLIN
Mayor
ATTEST
City Clerk
WINDEMERE BLC LAND COl'vlPANY LLC
;;;s? .C~ 'Z!:'--'-
Date: _ yz./&...."
0: VJEVE1...0P\Winr.l~m(f.rr.lAgree"11E~n1 Am.~fjd 6-20-0ti.doc
fourth Amendment to
Cunstruction Tmck ^cce:"l~ Agreement
3 oD
(Po(.;Z1
RESOLUTION NO. 102 - 05
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * . . . . . .
APPROVING THIRD AMENDMENT TO AGREEMENT
BETWEEN THE 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 ofJune 30, 2003; and
WHEREAS, said Agreement was amended on June 17, 2003 to extend the tenn of the Agreement
to June 30, 2004, allowing DEVELOPER to use Dougherty Road within the jurisdictional1imits 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 during fiscal year 2003-2004, and
WHEREAS, DEVELOPER completed the Phase IB and Phase 2 project improvements in fiscal
year 2003.2004; and
WHEREAS, said Agreement was amended again on June IS, 2004 to extend the tenn 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 during fiscal year 2004-2005; and
WHEREAS, DEVELOPER has completed construction of roads for the Phase 4 project; and
WHEREAS, DEVELOPER plans to build homes for the Phase 4 project and constmct Phase 5
improvements in fiscal year 2005-2006, and
WHEREAS, DEVELOP.ER desires to use Dougherty Road within CITY to transport materials to
build homes for the Phase 4 project and haul rocking, concrete and paving materials to construct new
roads for Phase 5 improvements during fiscal year 2005-2006; and
W BEREAS, truck deliveries along Dougherty Road within the CITY could reach an average of 50
trucks per day on certain days during the remainder of Phase 4 and constmction of Phase 5, and
WHEREAS, the term of the Agreement is proposed to be extended to terminate on June 30, 2006;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the Third Amendment to the Agreement with Windemere BLC Land Company, LLC,
which is atUlched hereto as "Exhibit A."
1
ATTAUBMENT ~
'7 oJ 2/
BE IT FURTHER RESOLVED thllt the Mayor is hereby authorized to execute the Amendment.
PASSED, APPROVED AND ADOPTED this 21st day of Iune, 2005
AYES Councilmembers Hildenbrand, McCormick, Orllvetz, Zika and Mayor Lockhart
NOES: None
ABSENT None
ABST ATN None
K'/G/6.21-05/reso 102-05 Windemere (Item 4.3)
G:lDl;;VE.i.f.)PltJi",dISIBSl6IRs..toAgrsllm'ltJ't1 AIHtld 6-21-()j,doc
2
3 Df z- I
EXHIBIT" A" OF RESOLUTION 11#-05
THIRD 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 COllBtmction
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 jurisdictiolUlllimits 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 projcct improvements and construct new roads for
Phase 2 improvements during Fiscal Year 2003-2004; and
WHEREAS, DEVELOPER cornpleted the Phase 1B and Phase 2 project improvements in Fiscal
Year 2003-2004, and
WHEREAS, DEVELOPER has met its fair-share obligations to mitigate tmck traffic impacts
identified by CITY on Dougherty Road duringPiscal Years 2002.2003 and 2003-2004; and
WHEREAS, DEVELOPER plans to construct the Phase 3 improvements as the last phase oCthe
proj ect; and
WHEREAS, said Agreement was amended again on June 15, 2004 to extcnd 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 constmct
new roads for Phase 4 project irnprovements during Fiscal Year 2004-2005; and
WHEREAS, DEVELOPER contributed cash payment to CITY in June 2004 to cover thc
incremental cost of increasing the frequency of street sweeping on Dougherty Road within CITY from the
normal interval of twiee-a-month to once-a-week during Fiscal Year 2004-2005 as a result of anticipated
Phase 4 truck traffic; and
WHEREAS, DEVELOPER has completed cOllBtruction of roads for the Phase 4 project; and
WHEREAS, DEVELOPER plans to build homes lor the Phase 4 project and construct Phase 5
improvements in Fiscal Year 2005-2006, and
WHEREAS, DEVELOPER desires to use Dougherty Road within CITY to transport materials to
build homes for the Phase 4 project and haul rocking, concrete and paving materials to construct new
roads for Phase 5 Improvements during Fiscal V car 2005-2006; and
WHEREAS, truck deliveries along Dougherty Road within CITY could rcach an average of 50
trucks per day on certain days during the remainder of Phase 4 and construction of Phase 5; and
qJ 11
WHEREAS, CITY has determined that Phase 5 truck traffic will require maintaining the
frequency of street sweeping on Dougherty Road within CITY at the current interval of once-a-week (or
52 times a year); and
WHEREAS, DEVELOPER has agreed to make cash payment to CITY in the amount of $2,6 70 to
cover the cost of maintaining the frequency of street sweeping on Dougherty Road within CITY at the
current interval of once-a-week during Fiscal Year 2005-2006; and
WHEREAS, CITY has conducted a field review and identified impacts on pavenlent conditiollB
on Dougherty Road within CITY. which are determined to be caused, in part, by Phase 4 truck traffic
during Fiscal Vear 2004-2005; and
WHEREAS, DEVELOPER and CITY wish to extend the term of said Agreement to terminate on
June 30, 2006,
NOW, THEREFORE, the parties hereto agree to amend said Agreement as follows:
(1) The term of the Agrccrnent shall be extended to terminate on June 30, 2006.
(2) DEVELOPER shall mitigate its fair share of impacts on pavement conditions on
Dougherty Road due to Phase 4 tmck traffic, as determined by the field review of Dougherty Road within
CITY, by repairing approximately 2,300 square fcct of pavement on northbound Dougherty Road north of
Amador Valley Boulevard to CITV limits (i.e., by grinding asphalt, re-compacting aggregate base and
repaving with new asphalt) no later than Seotember 30. 2005.
(3) DEVELOPER shall perform two pavement deflection tests in the rightmost travel lane of
northbound Dougherty Road from Wildwood Drive to north CITY limits, and shall complete the first and
second tests no later than Julv 29. 2005 and Mav 15. 2006, respectively
(4) DEVELOPER shall survey Dougherty Road in December 200S. as well as prior to
termination of the amended Altteement; as directed by CITY, to determine the extent of pavement
deterioration due to Phase 4 and Phase 5 truck deliveries. DEVELOPER shall furnish to CITY written
documentation and videotapes ofpavemCllt conditions and deterioration on Dougherty Road.
(5) CITY will review the videotape surveys and pavement deflection teats prior to termination
of the amended Agreement to determine the impacts on pavement conditiollB on Dougherty Road in Fiscal
Vear 2005-2006 due, in part, to Phase 4 and Phase 5 truck traffic. CITY will consult with DEVELOPER
regarding the pavement deterioratiOn, the improvements required to remedy it and the cost thereof, but
ClTV's determination of the improvements required to remedy the deterioration and the cost therefore
shall be conclusive.
(6) DEVELOPER shall make cash payment to CTlY in the amount of $2,670 by June 30. 2005
to cover the coat of maintaining the frequency of street sweeping on Dougherty Road within CITY at the
current interval of onee-a-week during Fiscal Year 2005-2006.
(7) DEVELOPER may operate construction tmcks on Dougherty Road within CITY to and
from the project site for Phase S from of 9:00 a.m. to 4:00 p.m., Monday through Saturday only
lOot: 1[
(8) DEVELOPER shall submit to CITY a construction truck access plan no later than Mav 5.
2006 to cover any remaining period after June 30, 2006 to complete road construction for Phase 5 for
CITV review and approval.
(9) DEVELOPER shall gHarantce compensation for pavement damage to Dougherty Road by
the $100,000 Faithful Performance Bond, which was previously issued in favor o[CITV with the original
Agreement in September 2002.
CITV OF DUBLIN
ATTEST
~
Date:
G:IDEVELOP\WindemereVl.greemenJ Amend 6-21-0j,doc
Ilo-C 2-1
RESOLUTION NO. 114.04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
..........
APPROVING SECOND AMENDMENT TO AGREEMENT
WITH WlNDEMERE 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. Sootioll.lO 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 1 B improvements lI1ld construct new roads for Phase 2 of the project; and
WHEREAS, DEVELOPER has now completed the Phase 18 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 Yw 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
WlIEREAS, the tenn 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 hereby
approve the Second Amendment to the Agreement with Windemere BLC Land Company LLC, which is attached
hereto as "E:lhibit 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, Oravetz, Sbranti and Zika, and Mayor Lockhart
NOES:
None
ABSENT.
None
ATIEST
1wn.~a. ~
Deputy City Clerk
G;\Cc-MTOS\20()4.qb2\1une'(16-) S-ll4\Rooo-Windolllett.<lo< (I.... 7.3)
ATTACmNT 3.
..-'-
.~
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EXHIBIT "A" OF RESOLUTION....-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", cntered into a Construction
Truck Access Agreement with Windcmere BLC Land Company LLC, A California Limited Liability Company,
herclnafter referred to as "DEVELOPER", on October 15,2002, and
WHEREAS, said agreement specified a termination date of .Tune 30, 2003, aud
WHEREAS, said agreement was amended on June 17,2003 to extend the term ofthe agrecment
to .Tune 30, 2004, allowing DEVELOPER to use Dougherty Road within the jurisdictional limits of CTIY 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 improvements and construct new roads for Phase 2 of the project; and
WHEREAS, DEVELOPER has now completed the Phase IB 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 IB 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, 3. determined by CITY, by
repairing approximately 2,000 square fcct 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 Doughcrty Road betwcen Dublin Boulevard and the northern CITY limit; and
WHEREAS, implementation of said mitigations will constitute completion of prior obligations by
DEVELOPER to mitigate Phase IB 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 improvcments during fiscal year 2004-2005, and
WHEREAS, truck deliveries along Dougherty Road within CITY eould 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 oncc-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 incremcntal 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,
1
...,
130(;?I
NOW, THEREFORE, the parties hereto agree to amend said agreement as follows:
(1) Thc term of the agreement shall be extended to terminatc 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 1B and Phase 2 truck traffic, as determincd by CITY, by repairing approximately
2,000 square feet of pavement on southbound Dougherty Road south of Amador Valley Boulcvard (i.e., by
grinding asphalt, re-compacting aggregate basc and repaving with new asphalt) and contributing $11,422 in cash to
slurry seal Dougherty Road between Dublin Boulevard and the northern CITY limit bv June 30. 2004
(3) DEVELOPER shall make cash payment to CITY in the amouut of $2,543.52 by June 30. 2004 to
covcr the incremental cost of increasing the frequency of street sweeping on Dougherty Road within CITY from
the current interval oftwice.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 of9:00 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 tn 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 eost 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.
4tU>___~. ~I
Date:
G:IDEVELOP\WindemerelAgreement Amend fuhtbtt 6.JJ~(J4,d()c
2
I L-{ ot: :z I
RESOLUTION NO. 136 - 03
A RESOLUTION OF TIlE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING AMENDMENT TO AGREEMENT
WITH WTNDEMERE BLC LAND COMPANY LLC
WHEREAS, the City of Dublin, hereinafter referred to as "CITY", entered into a COllBtruction
Truck Access Agreement with Windernere 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
.Tune 30, 2003; and
WHEREAS, DEVELOPER has not completcd the Phase IB improvements which requirc using
Dougherty Road within the j urisdictionallimits of CITY as the main truck access route to haul heavy
aggregate base and asphalt materials to the pIllject site to construct new roads within thi~ phase of the
Windemere Ranch project; and
WHEREAS, truck deliveries along Dougherty Road within CITY could reach an averagc 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 u~e Dougherty Road within CITY to haul rocking and
paving materials to construct new roads for Phasc 2 of the Windemere Ranch project, starting in October
2003 and possibly lasting until early 2004, as wt'alher permits; and
WHEREAS, truck deliveries along Dougherty Road within CITY could reach an average volume
of 100 tmcks per day on certain days during Phase 2; and
WHEREAS, the term of the Agreement is proposed to be amcnded 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 Windemerc BLC Land
Company LLC, which is attachcd hereto as "Exhibit A."
PASSED, APPROVED AND ADOPTED this 17th day of June, 2003.
AYES:
NOES
ABSENT:
ABSTAIN
ty Clerk
K"/G/6-17-03/reso-windemer ruck...doc (lIem fI.2)
G:\DEVELOP\Wlndemere\Reso Atmnd Agmt Windemere 6-/7-03.doc
_ ~~-6N
ayor
ATTEST:
ATTAUIDIENT ~
15 of 1/
EXHIBIT "A" OF RESOLUTION -03
AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND
~NDEMEREBLCLANDCOMPANYLLC
WHEREAS, the City of Dublin, hereinafter referred to as "CITY", entercdinto a Construction
Truck Access Agreement with Windemere BLC Land Company LLC, A California Limited Liability Company,
hereinafter referred to as "DEVELOPER", on October J 5, 2002; and
WHEREAS, Baid agreement terminatcs on June 30, 2003; and
WHEREAS, DEYELOPER has not completed thc Phase I B improvements which require using
Dougherty Road within the j urisdietionallimits 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 pcrmits; and
WHEREAS, DEVELOPER and CITY wish to extend the term of said agreement to terminate on
Junc 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 1 B
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.
ATTEST-
~'i_cL.._
Clerk
WIN
Date:
G. ILJt."V.t.'LOPIWindsmerelAgreemem Ammd ExhjbiI6-17~03,doc
I ~ 0-+ 1- \
RESOLUTION NO. 191 - 02
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
**..*****
APPROVING CONSTRUCTION TRUCK ACCESS AGREEMENT
WITH WINDEMERE BLC LAND COMPANY LLC,
A CALIFORNIA LIl\fiTED LIABILITY COMPANY
WHEREAS, 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", entered into a Construction Truck Access Agreement on June 5, 2000, to use Dougherty
Road within the jurisdictional limits of CITY as thc 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, 200 I; 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 routc 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 Doughcrty 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
proj ect; and
WHEREAS, "Phase One" of the Windemere Ranch project, which also includes "Phase 1 B", 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 approvcd 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 IB" 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 IB"; and
WHEREAS, condition 278 of the Conditions of Approval of Subdivision 7976 and Development Plan
95-3064 requires DEVELOPER to enter into an agrccment with CITY to mitigate construction traffic on roads
within CITY and to provide a bond to secure such obligation; and
WHEREAS, DEVELOPER may continuc to operate construction trucks on Dougherty Road within
CITY to and from the project site for "Phase 1B" from 9;00 a.m. to 4;00 p.m., Monday through Saturday only;
and
I
ATTAUIDT 5.
Il 0+ 2-1
WHEREAS, 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 IB" for
CITY review and approval; and
WHEREAS, DEVELOPER agrees to compensate CITY fur all direct and indirect damage to
Dougherty Road within CITY caused by "Phase I B" truck trips, as set forth below; and
WHEREAS, DEVELOPER shall conduct videotaped pavement surveys of Dougherty Road to
dctermine the extent of pavement deterioration due to "Phase IB" truck deliveries; and
WHEREAS, DEVELOPER shall furnish to CITY written documentation and videotapes ofpavcmcnt
conditions and deterioration on Dougherty Road; and
WHEREAS, 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; and
WHEREAS, DEVELOPER agrees to reimburse all CITY costs incurred in surveying pavement
dcterioration on Dougherty Road during the period of this agreement; and
WHEREAS, Concurrently with the execution of the Agreement, OEVEWPER shall furnish CITY
with a Faithful Performance Bond in the amount of $100,000 conditioned upon the faithful performance of
DEVELOPER's obligations under the Agreement; and
WHEREAS, the said agreement shall terminate on June 30, 2003, and
WHEREAS, the said 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.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin docs hcreby
approvc the Construction Truck Access Agreement with Windemere BLC Land Company LLC, A California
Limited Liability Company, and authorize the Mayor to execute the agreement.
PASSED, APPROVED AND ADOPTED this 15th day of October, 2002.
AYES:
Councilmembcrs McCormick, Oravetz, Sbranti and Zika, and Mayor Lockhart
NOES.
None
ABSENT.
None
ABSTAIN:
None
AJ:'D~~A~. .
Deputy City Clerk
G.' ICC-MTOSl1002-qtr 4\OCIHO-15"'()21reso-windemere.dcc
2
I~orl-l
CITY OF DUBLIN
CONSTRUCTION TRUCK ACCESS AGREEMENT
This agreement is made and entered into this l~ day of ~ 2002, by and
between the City of Dublin, a municipal corporation, hereinafter referred to as "CITY", and
Windemere BLC Land Company LLC, A Califomia 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 1 B" of the Windemere Ranch project; and
WHEREAS, "Phase One" of the Windemere Ranch project, which also includes "Phase
1B", 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 1 B" project; and
WHEREAS, DEVELOPER intends to continue making truck deliveries to the "Phase
1 B" 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
1 B", and
Construction Truck Access Agreement
City of Dublin / Windemere BlC land Company
9/27/2002
Page 1 of 3
/q of ~\
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 1 B" 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 1 B" for CITY raview and approval.
Section 3. DEVELOPER agrees to compensate CITY for all direct and indirect damage to
Dougherty Road within CITY caused by "Phase 1 B" 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 1 B" truck deliveries. DEVELOPER shall
fumish to CITY written documentation and videotapes of pavement conditions and
deterioration on Dougherty Road. CITY will consult with DEVELOPER regarding the
pavament deterioration, the improvements required to remedy it and the cost thereof but
CITY's detennination 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).
Section 7. This Agreement shall not be assigned by DEVELOPER without the written
consent of CITY
Section 8. 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.
Construction Truck Access Agreement
City of Dublin / Windemere BlC land Company
9/27/02
Page 2 of 3
200pzl
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
By
JTEST:
..nh... ~ Il ~ & f'1f-
,... City Cletk
:;VELOPER~
~ Lur~
Type or Print Name
\flu Piesj~t
Title
G:\Oe>lELOPlWindama18\Truck aGceSS agml..ph.s. lB_upd.t.d.doc
Construction Truck Access Agreement
City of Dublin / Windemere BLC Land Company
9/2712002
Page 3 of 3
210I21
CITY OF DUBLIN
BUDGET CHANGE FORM
CHANGE FORM #
New Appropriation. (City Council Approval Required)'
Budget 'fran.fers:
___X __.,.. From Unappropriated Reserves ($998)
(tfOlher than General Fund, Fund Nu -
X From New Revenues
--
. _~.__ From Budgeted Conlingent Reserve (1 U8UO,799.IIOO)
Within Same Deportment Activity
Between Department, (City Council Approva] Required)
Other
,~illtQlillir
Name:
<\cl,;ount #-
Name:
~ccount #. 00] -311300-740-000
Name: Revenue - General Fund
Reimbursement
$634
Al,;count #-
Name:
~ccount #' 001-570"005
Name:
Account #
Name;
Account #-
i-J"urne:
Account It-
Name;
Al,;count #
Name;
Account tf"
Account #'
ASDlFin Mgr
I -:;~ ~
Signature
Datc:~
REASON FOR BUDGET CHANGE ENTRY.
Transfer revenue funds in the amount of $634 collected from. Windemere BLC Land Company, LLC, to
maintain sweeping servi ces on Dougherty Road at thc current frcqucncy of once-a-week for fiscal year 2006-
2007 Carry forward to FY 2006-2007 the unused portion of$998 collected from Windemere for sweeping
servIces m FY 2005-2006.
City Manager
Date:
Signature
As approved at the City Cowlcil Meetmg on. Date:
Mayor
Datc:
Signature
Posted By'
Datc:
SIgnature
C:\DEVF;J,o.PIWfndeHlereIBudgcr Chllllgc_Doughuty Sw&(!pmg 6-20.n6.duc
-,~~-
ATTAUBMENT .k-