HomeMy WebLinkAboutReso 186-01 WindemereTruckAcces RESOLUTION NO. 186 - 01
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING CONSTRUCTION TRUCK ACCESS AGREEMENT
WITH WINDEMERE BLC LAND COMPANY LLC,
A CALIFORNIA LIMITED LIABILITY COMPANY
WHEREAS, Windemere BLC Land Company LLC, A California Limited Liability Company,
hereinafter referred to as "DEVELOPER", desires to construct the Windemere Ranch project consisting of
2,249 residential units, as approved by Contra Costa County on November 19, 1996 ("Phase One"); and
WHEREAS, the City of Dublin, a municipal corporation, hereinafter referred to as "CITY", and
DEVELOPER entered into a Construction Truck Access Agreement on June 5, 2000, and said agreement
terminated on October 31,2001; and
WHEREAS, DEVELOPER intends 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 Phase One
project site, located within Contra Costa County, to perform on- and off-site mass grading and
improvements, including Bollinger Canyon Road improvements, North Bollinger 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, 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 the CITY to mitigate construction
traffic on roads within CITY and to provide a bond to secure such obligation; and
WHEREAS, DEVELOPER may operate construction trucks on Dougherty Road within the City
of Dublin to and from the project site for Phase One from the hours of 9:00 a.m. to 4:00 p.m., Monday
through Saturday only; and
WHEREAS, 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; and
WHEREAS, DEVELOPER shall submit to CITY a construction truck access plan prior to March
31, 2002, to cover the remaining period after March 31, 2002, to complete grading and construction for
Phase One for CITY review and approval; and
WHEREAS, DEVELOPER agrees to compensate the City for all direct and indirect damage to
Dougherty Road within Dublin caused by Phase One truck trips; and
WHEREAS, DEVELOPER shall survey Dougherty Road immediately after the said agreement is
exeCUted and before termination of the agreement to determine the extent of pavement deterioration; and
WHEREAS, 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 the
said agreement; and
WHEREAS, concurrently with the execution of the said Agreement, DEVELOPER shall furnish
CITY with an extension of the bond term to March 31, 2002, of the Faithful Performance Bond in the
amount of $200,000 conditioned upon the faithful performance of DEVELOPER's obligations under the
Agreement; and
WHEREAS, the said agreement shall terminate when DEVELOPER has completed the northern
access road extension to North Bollinger Canyon Road or March 31, 2002, whichever occurs earlier; 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 11.
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 does
hereby approve the Construction Truck Access Agreement with Windemere BLC Land Company LLC, A
California Limited Liability Company.
PASSED, APPROVED AND ADOPTED this 6th day of November, 2001.
AYES:
Councilmembers McCormick, Oravetz and Zika and Mayor Lockhart
NOES: None
AB SENT: None
ABSTAIN: None
ATTEST:
(~lerk k._
K2/G/11-6-01/reso-wiA0_g&ere.doc (Item 4.14)
Mayor
G:~DEVELOP~Windemer¢lreso_~/indemere 11 Ol.doc
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