HomeMy WebLinkAboutItem 8.2 Windemere CnstTrkAcces CITY CLERK
File # 600-30
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 17, 2003
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: Adopt resolution approving the proposed amendment to the current
Construction Truck Access Agreement with Windemere BLC Land
Company, LLC
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 a truck access route to haul heavy
equipment and materials to the project site through June 2004.
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 lB
construction. Concurrent with the execution of the amendment to
this agreement, the $100,000 Faithful Performance Bond that was
previously issued in favor of the City with the original agreement to
guarantee compensation for pavement damage to Dougherty Road
will remain into effect. In addition, the developer will be required to
conduct periodic surveys for any pavement deterioration on
Dougherty Road.
DESCRIPTION: The City entered into a Construction Truck Access Agreement with
Windemere BLC in October 2002, which granted this developer permission to access the Windemere
Ranch Development within Contra Costa County via Dougherty Road in Dublin to haul heavy aggregate
base and asphalt materials to the project site to construct new roads within Phase lB of the project.
Section 10 of the agreement specified that the agreement would terminate on June 30, 2003.
COPIES TO: Brian Olin, Lennar Communities
Teri Rie, Contra Costa County
ITEM NO.
G:\DEVELOP\Windemere~AgS t_Windemere_06-03 extension.doc ? ~--~
City Staff has been informed that the Phase lB improvements are not yet completed, and it is also
necessary to construct new roads for Phase 2. It will therefore be necessary for the developer to continue
using Dougherty Road through the City of Dublin as the main truck access route to haul heavy aggregate
base and asphalt materials to the project site of the Windermere Ranch project. The developer is
subsequently requesting that the agreement be extended until June 30, 2004.
The original agreement specified that the developer would compensate the City for any pavement damage
to Dougherty Road caused by Phase lB project trips to the site. This compensation is guaranteed by the
faithful performance bond in the amount of $100,000 that was previously issued in favor of the City with
the original agreement in September 2002.
A videotaping survey of pavement conditions on Dougherty Road was conducted shortly after the original
agreement was executed in October 2002. A second videotaping survey is scheduled for the week of June
23, 2003, prior to termination of the original agreement. Public Works Staff will review both tapes to
detect any deterioration in pavement conditions that could be attributed to the Windemere truck traffic. In
addition, Staff has made visual inspections on Dougherty Road to ensure that noticeable changes to
pavement conditions that may require immediate remedy have not occurred. Staff will continue to make
these visual observations during the term of the extended agreement.
This amendment stipulates that the developer will survey Dougherty Road in December 2003 and at the
end of the agreement term (June 30, 2004) using written documentation and videotaping to determine the
extent of pavement deterioration due to Phase lB and Phase 2 truck deliveries. The developer is also
agreeing to submit for the City's review and approval a construction truck access plan should the road
construction for Phase 2 not be completed by June 30, 2004.
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.
Page 2 ,~
RESOLUTION NO. - 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
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, truck deliveries along Dougherty Road w/thin CITY could reach an average volume of 15
trucks per day on certain days during the remainder of Phase lB, 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:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk i~T~5'/x6.
G:tDEVELOP1WindemerelReso Amend Agmt Windemere 6-17-03.doc ,~!, 4 i ~5
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 roads 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.
CITY OF DUBLIN
Mayor
ATTEST:
City Clerk
WINDEMERE BLC LAND COMPANY LLC
Date:
G:IDEVELOPt WindemereMgreement Amend Exhibit 6-17-03. doc
CITY OF DUBLIN
CONSTRUCTION TRUCK ACCESS AGREEMENT
This agreement is '.made and entered into this ~.)day of f,~J'f~2.~c4 2002, 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 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 lB" of the Windemere Ranch project; and
WHEREAS, "Phase One" of the Windemere Ranch project, which also includes "Phase
lB", 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 1B" 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
1B"; and
Construction Truck Access Agreement 9/27/2002
City of Dublin / Windemere BLC Land Company Page 1 of 3
. 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 lB" 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 1B" for CITY review and approval.
Section 3. DEVELOPER agrees to compensate CITY for all direct and indirect damage to
Dougherty Road within CITY caused by "Phase lB" 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 lB" 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.
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).
sha, not be assigned by DEVELOPER without the written
Section 7. This Agreement ~'"
consent of CITY.
Section 8. DEVELOPER shall be responsible for any and all loss, accident, neglect, injury
nr rtamar~,', fn n,',renn lif,~, nr nrnn~rtw ~A/hich m~y h~ the re~lt nf nr may be em~d hy
DEVELOPER's use of Doughe~y Road, and for which CI~ might be held liable.
Construction Truck Access Agreement 9/27/02
City of Dublin / Windemere BLC Land Company Page 2 of 3
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
/ M~yo~'
AT..~ST:
' ~itY Clerk' ' 0
DEVELOP%
Type or Print Name
Title
G:~DEVEL OP\ Windemere ~ Truck access agmt_phaSe f B_updafed. doc
Construction Truck Access Agreement 9/27/2002
City of Dublin / Windemere BLC Land Company Page 3 of 3