HomeMy WebLinkAboutReso 102-05 WindemereAmendAgmt
RESOLUTION NO. 102 - 05
A RESOLUTION OF mE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * . * . . * .
APPROVING THIRD AMENDMENT TO AGREEMENT
BElWEEN 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 of June 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 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 during fiscal year 2003-2004; and
WHEREAS, DEVELOPER completed the Phase 1B and Phase 2 project improvements in fiscal
year 2003.2004; and
WHEREAS, said Agreement was amended again on June 15, 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 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 year 2005·2006; and
WHEREAS, 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 construction of Phase 5; and
WHEREAS, the tenn of the Agreement is proposed to be extended to tenninate 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 attached hereto as "Exhibit A."
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BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the Amendment.
PASSED, APPROVED AND ADOPTED this 21st day ofJune, 2005,
AYES: Councilmembers Hildenbrand, McConnick, Oravetz, Zika and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
K2/Ql6-21-{)5/reso l02-{)5 Windemere (Item 4,3)
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EXHIBIT "A" OF RESOLUTION IDLo5
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 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 of June 30, 2003; and
WHEREAS, said Agreement was amended on June 17, 2003 to extend the term ofthe 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 lB projcct improvements and construct new roads for
Phase 2 improvements during Fiscal Year 2003·2004; and
WHEREAS, DEVELOPER completed the Phase 1B and Phase 2 project improvements in Fiscal
Year 2003·2004; and
WHEREAS, DEVELOPER has met its fair-share obligations to mitigate truck traffic impacts
identified by CITY on Dougherty Road during Fiscal Years 2002·2003 and 2003·2004; and
WHEREAS, DEVELOPER plans to construct the Phase 3 improvements as the last phase of the
project; and
WHEREAS, said Agreement was amended again on June 15, 2004 to extcnd thc tenn of the
Agreement to June 30, 2005, allowing DEVELOPER to usc 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 proj ect improvements during Fiscal Year 2004-2005; and
WHEREAS, DEVELOPER contributed cash payment to CITY in June 2004 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 during Fiscal Year 2004·2005 as a result of anticipated
Phase 4 truck traffic; and
WHEREAS, DEVELOPER has completed construction ofroads for the Phase 4 project; and
WHEREAS, DEVELOPER plans to build homes lor the Phase 4 projcct and construct Phase 5
improvements in Fiscal Year 2005·2006; and
WHEREAS, DEVELOPER desíres 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
WHEREAS, truck delivcrics 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
WHEREAS, CITY has determined that Phase 5 truck traffic will require maintallllllg 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 $2,670 to
cover the cost of maintaining thc 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 paven1ent conditions
on Dougherty Road within CITY, which are determined to be caused, in part, by Phase 4 truck traffic
during Fiscal Year 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 tenn of the Agreement shall be extended to tenninate on June 30, 2006.
(2) DEVELOPER shall mitigate its fair share of impacts on pavement conditions on
Dougherty Road due to Phase 4 truck traffic, as detennined by the field review of Dougherty Road within
CITY, by repairing approximately 2,300 square fect of pavement on northbound Dougherty Road north of
Amador Valley Boulevard to CITY limits (Le., by grinding asphalt, re-compacting aggrcgate base and
repaving with new asphalt) no later than Scotember 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 fust and
second tests no later than Julv 29,2005 and Mav 15, 2006, respectively.
(4) DEVELOPER shall survey Dougherty Road in December 2005, as well as prior to
termination of the amended Agreement; as directed by CITY, to detennine the extent of pavement
deterioration due to Phasc 4 and Phase 5 truck deliveries. DEVELOPER shall furnish to CITY written
documentation and videotapes of pavement conditions and deterioration on Dougherty Road.
(5) CITY will review the videotape surveys and pavement deflection tests prior to termination
of the amended Agreement to detennine the impacts on pavement conditions on Dougherty Road in Fiscal
Year 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 eost thereof, but
CITY's detennination of the improvements required to remedy the deterioration and the cost therefore
shall be conclusive.
(6) DEVELOPER shall make cash payment to CITY in the amount of$2,670 bv .lune 30, 2005
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.
(7) DEVELOPER may operate construction trucks on Dougherty Road within CITY to and
from the project site for Phase 5 from of 9:00 a.m. to 4:00 p.m., Monday through Saturday only.
(8) DEVELOPER shall submit to CITY a construction truck access plan no later than May 5.
2006 to cover any remaining period after June 30, 2006 to complete road construction for Phase 5 for
CITY review and approval.
(9) DEVELOPER 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
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OMPANYLLC
Date:
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