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Home My WebLink About4.03 ConstructionTruckAcce-- CITY CLERK File # ElGad-M& AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 21, 2005 SUBJECT: Third Amendment to Construction Truck Access Agreement with Windemere BLC Land Company, LLC, A California Limited Liability Company Report Prepared by: Ray Kuzbari, Traffic Engineer ATTACHMENTS: 1) Proposed Resolution 2) Resolution Approving Second Amendment to Agreement 3) Resolution Approving First Amendment to Agreement 4) Original Agreement 5) Budget Change Form RECOMMENDATION:1) Adopt resolution approving proposed Third Amendment to the Construction Truck Access Agreement with Windemere BLC Land Company, LLC 2) Approve budget change in the total amount of $2,670 to the General Fund 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 2006. Under the current agreement, the developer agreed to make a fair - share contribution to repair the pavement damage to Dougherty Road within Dublin caused in Fiscal Year 2004-2005 by the project truck trips to the site during Phase 4 construction. Concurrent with the execution of the proposed third 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 Dougherty Road, will remain in effect. In addition, the developer will be required to conduct periodic surveys for any pavement deterioration on Dougherty Road and make cash payment to cover the cost of maintaining street sweeping services on Dougherty Road at the interval of once a week due to project truck traffic. --------------------------------------------------------------- COPIES TO: Brian Olin, Lennar Communities Teri Rie, Contra Costa County 3 ITEM NO. G:0EVELOPIWindemereUgstAgreement Amend 6-21-05.doc 1 V l A budget change in the total amount of $2,670 is required to appropriate funds collected from this developer to street sweeping services (General Fund). e 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. At that time, trucks were hauling heavy aggregate base and asphalt materials to the site to construct new roads for Phase 1B of· the project. Section 10 of the agreement specified that the agreement would terminate on June 30, 2003. This agreement was subsequently amended on June 17,2003, to extend the term of the agreement to June 30, 2004, and allow the project developer to continue using Dougherty Road through the City of Dublin as the main truck access route for completion of Phase lB improvements and construction of new roads for Phase 2. The project developer completed Phase lB and Phase 2 improvements in FY 2003-2004 and met its fair-share obligations to mitigate truck traffic impacts on Dougherty Road during FY 2002·2003 and FY 2003-2004. The truck access agreement was again amended on June 15,2004, to extend the term of the agreement to June 30, 2005, and allow the project developer to continue using Dougherty Road through the City for Phase 4 project improvements during FY 2004-2005. These road improvements were recently completed as planned. The project developer plans to build new homes for Phase 4 and construct new roads for Phase 5 during FY 2005-2006. It will therefore be necessary for the developer to continue using Dougherty Road through . the City as the main truck access route to transport materials to build homes for Phase 4 and haul rocking, concrete and paving materials to construct roads for Phase 5 in FY 2005-2006. Consequently, the developer is requesting that the term of the agreement be extended to June 30, 2006. Phase 4 IrnDacts and Mitieations City Staff recently conducted a field review of pavement conditions on Dougherty Road and identified impacts on the roadway within City limits due, in part, to Phase 4 truck traffic. The developer is agreeing to mitigate its fair share of these impacts by repairing approximately 2,300 square feet of pavement on northbound Dougherty Road north of Amador Valley Boulevard. The repair will consist of grinding existing asphalt, recompacting aggregate base and repaving with new asphalt. ProDosed Oblieations for Phase 5 It is estimated that truck deliveries along Dougherty Road through the City of Dublin could reach an average of 50 trucks per day on certain days during Phase 5 construction. The private firm of Universal Building Services is cutrently 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 was upgraded to a once·a·week sweeping interval begiiming in July 2004 at the project developer's expense due to anticipated Phase 4 truck traffic in FY 2004-2005. Staff has determined that Phase 5 truck traffic will require maintaining the current sweeping frequency on . Dougherty Road of once-a-week (or 52 times a year) during FY 2005-2006. Accordingly, the developer is agreeing to make cash payment to the City by June 30, 2005, in the amount of $2,670 to cover the cost of Page2 Db3 the upgraded sweeping frequency on Dougherty Road. A budget change is required to recognize the new General Fund revenue which would subsequently be appropriated for street sweeping services. . The project developer has agreed to perfonn pavement deflection tests and videotape surveys on Dougherty Road to determine the extent of pavement deterioration due to Phase 5 truck deliveries and any required mitigations. In addition, Staff will make visual inspections of Dougherty Road during the tenn of the extended agreement to ensure that any sudden changes to pavement conditions that may require immediate attention are remedied in a timely manner. The developer is also agreeing to submit for Staff review and approval a construction truck access plan by May 5, 2006, if completion of Phase 5 road construction cannot be achieved by June 30, 2006. The original agreement and the subsequent first and second amendments to the agreement specified that the developer would compensate the City for any pavement damage to Dougherty Road caused by truck trips to the project site. This compensation was guaranteed by a faithful perfonnance bond in the amount of $100,000, which was Issued in favor of the City in conjunction with the original agreement. This compensation guarantee will remain in effect for any additional pavement damage to Dougherty Road resulting from Phase 5 truck traffic. RemainÎn2 Project Phases The developer has indicated that the hauling activities of heavy aggregate base, concrete and asphalt materials to the project site will end by July 2007. This will include hauling materials and constructing roads for the last phase of the project (phase 3) during FY 2006-2007. The Phase 5 road improvements in a FY 2005-2006 will include construction. of a direct connection to Camino Tassajara from the project site. .. The Windemere truck access agreement with the City has been subject to a term extension on an annual basis upon request by the developer to cover each phase of the project individually, as appropriate. Staff Review of Proposed Amendment The City Attorney's Office Staff has reviewed the proposed third amendment to the subject agreement and approved it as to form. Recommendation Staff recommends that the City Council adopt the resolution approving the proposed Third Amendment to the Construction Truck Access Agreement with Windemere BLC Land Company, LLC, and approve the budget change in the total amount of$2,670 to the General Fund. . Page 3 ~~ ~ \ 00\ '-\ RESOLUTION NO. - 05 · A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ******II** 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, swd 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 jurisdictional limits of CITY as the main truck access route to haul heavy aggregate base, concrete and asphalt materials to the WindemeTe Ranch project site to complcte Phase 1B project improvements and construct new roads fOT Phase 2 improvements during fiscal year 2003-2004; and WHEREAS, DEVELOPER completed the Phase lB and Phase 2 project improvements in fiscal year 2003·2004; and · WHEREAS, said Agreement was amended again 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 Tocking, 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 yeaT 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 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 attached hereto as "Exhibit A." 1 ::L:œ"N\ 1..\ I ~ 10-"2. \ - 0 S'" ATTAumNT I. "2.°b\~ BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the Amendment. PASSED, APPROVED AND ADOPTED this 21st day of June, 2005. AYES: NOES: ABSENT: ABSTATh!: ATTEST: City Clerk G:IDEV£LOPIWi1UiemeT'e.\RuQ Agre.emS1JI Amend 6-2J~05,d()c Mayor 2 · · · 3°0\1.\ EXHIBIT "A" OF RESOLUTION -05 e TIDRD 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 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 lB 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, DEVELOPER has met its fair-share obligations to mitigate truck traffic impacts identjfied 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 proj ect; and WHEREAS, said Agreement was amended again 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 material.s to construct new roads for Phase 4 project 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-week during Fiscal Year 2004-2005 as a result of anticipated Phase 4 truck traffic; 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 ddiveries along Dougherty Road within 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 mnnT A. .L" ..th", t?¡Ø_~",I....f-""'''' Y5b\~ 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$2,670 to cover the cost of maintaining the frequency of street sweeping on Dougherty Road within CITY at the current interval of once+week during Fiscal Year 2005-2006; and WHEREAS, CITY has conducted a field review and identified impacts on pavem.ent 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 term of the Agreement 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 truck traffic, as detennined by the field review of Dougherty Road within CITY, by repairing approximately 2,300 square feet of pavement on northbound Dougherty Road north of Amador Valley Boulevard to CITY limits (i.e., by grinding asphalt, re-compacting aggregate base and . repaving with new asphalt) no later than September 30.2005. (3) DEVELOPER shall perform two pavement deflection tests in the rightmost travel lane of northbound Dougherty Road ft-om Wildwood Drive to north CITY limits, and shall complete the first and second tests no later than J ulv 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 determine the extent of pavement deterioration due to Phase 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 (0 determine 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 cost thereof, but CITY's determination 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 June 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. J::::¡ öc) 4. (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 CITY review and approval. . (9) DEVELOPER shall guarantee compensation for pavement damage to Dougherty Road by the $100,000 Faithful perfonnance Bond, which was .previously issued in favor of CITY with the original Agreement in September 2002. ATTEST: City Clerk . G:IDEVELOPIWi7Jdemere\Agrssmtnl Amend 6-2J-05.dot . CITY OF DUBLIN ~ Date: Mayor . OMP ANY LLC \.Q. OQlq RESOLUTION NO.. 11' - 04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN .................. APPROVJNG SECOND AMENDMENT TO AGREEMENT WITH WINDEMERE BLC LAND COMPANY LLC . . WHEREAS, the City of Dublin, hereinafter referred to as ''cITY'', entered into a Construction Truck Access Agreement withWindemere BLC Land Company, LLC, A CaIiforniII Limitod Liability Company, hereinafter referred to as "DEVELOPER", on October 15, 2002; and . WHEREAS. Seetiob. 10 of the A¡¡reement specified the Agreement shall terminate on June 30, 2003; and WHEREAS, said agreement was amended on June 17, 2003, to extend the ternl of the agreemMt to June 30, 2004,aUowing DEVELOPER to use Dougherty Road within the jurisdictional limits of CITY as the main truck açœss route to haul heavy aggregate b/l$e, concrete and asphah materials to the Wmdemere Ranch ~ect site to complete Phase IB improvenu:nts and constrUCt new roatb for Phase 2 of the project; and WHEREAS, DEVELOPER has now completed the Pha$e 1B and Phase 2 project improvements; and WHEREAS, DEVELOPER plans to construct Phase 4 pioject improvements prior to eonstruc:ting Phase 3 improvements: and WHEREAS, DEVELOPER desires to use Dougherty Road within CITY to haul rock, concrete and paving materials to oonstroc:t new roads for Phase 4 improvements during Fmeal Year 2004-2005: and . WHEREAS, truck deliveri~ aloog Dougherty Road within CITY eould reach an aveta8" of 100 trucks per . day on certain days øurÎqg Phase 4: and WHEREAS, the tenn of the Agreement is proposed to be extended to terminate on JIIIIe 30, 2005; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Seeœd Amendment to the Agi"een1erd with Wim:Iemere BLC Land Company LLC. which is att8.ched hereto ø "E~hlb¡t A. n BE IT FURTHER RESOL VEn that the MayOr is hereby authorized to execute the Amendment. PASSED, APPROVED AND ADOPTED this 15th day of June, 2004. AYES: Councilmembers McCormick. Oravetz, Sbrnnti and Zika, and Mayor Loekhart NOES: None ABSENT: None . ATTACmn z. ATIE1:~~, , . Deputy City Clerk Œ'CC-MJ"QS12OO4-qt¡211un0\06-J 5<041Ros<>-W_(lt<m 7.3) <~-~~ lðè,\4 . EXHIBIT " A" QF RESOLUTION 11'f-04 SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND vnNDEMERE BLC LAND COMPANY LLC WHEREAS, the City of Dublin, hereinaftor referred to as "CITY", IIntered into Ii 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 agreomont specified a tennination date of June 30, 2003; and WHEREAS, said agreement was lIUlended 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 1B improvements and construct new roads for Phase 2 of the project; and WHEREAS, DEVELOPER has nOW completed the Phase 1B and Phase 2 project improvements; and WHEREAS, CITY has identified certain impacts on pavement conditions on Dougherty Road within CITY, which are detennined 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 pavemeut conditions au Dougherty Road within CITY due to Phase 1B andPhase 2 truck traffic, as dotenoined by CITY, by repairing approximately 2,000 square feet of pavement on southbound Dougherty Road south of Amador Valley . Boulevard (Le., by grinding asphalt, re-compacting aggregate base and repaving with new asp. halt) and.contribming $11,422 in cash to slurry seal Dougherty Road betwoon Dublin Boulevard and the northorn CITY limit; and WHEREAS, implementation of said mitigations wil1 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 improvements during fiscal year 2004-2005; and WHEREAS, truck deliveries along Dougherty Road within CITY could reach an average of 100 tru~ks per day on certain days during Phase 4; and WHEREAS, CITY has determined that Phase 4 truck traffic wi!] require increasing the frequency of ¡treet sweeping on DOllgherty Road within CITY from the current interval of twice- a-month (or 24 times a year) to once-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 incremental cost of increasing the frequency of street sweeping on Dougherty Road within CITY £Tom 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 tenninate on . June 30,2005; 1 .... ßD'b\'-\; 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, ZOOS. · (2) DEVELOPER shall mitigate ¡"Is fajr share of the impacts on pavement conditions on Dougherty Road within CITY due to Pha.se lB and Phase 2 truck traffic, as determined by CITY, by repairing approximately 2,000 square feet of pavement on southbound Dougherty Road south of Amador Valley Boulevard (i.e., by grinding asphalt, re-compactmg aggregate base and repaving with new asphalt) and coutributing $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 amount of $2,543.52 bv June 30. 2004 to cover the incremental cost of increasing the trequency of street sweeping on Dougherty Road within CITY trom the current interval of twice- 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 tho project sito 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 shldl survey Dougherty Road in December 2004, as well as prior to termination of the amended agreement, as directed by CITY, to determine the exrent of pavement deterioration due to Phase 4 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 improveme!rtS 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. · (7) DEVELOPER shall guarantee compensation for pavement damage to Dougherty Road by the $100,000 Faithful Perlormance Bond, whlch was previously issued j) favor of CITY with the original agreement in September 2002. CITY OF DUBLIN ATTEST: ~~~, ~I Date; G:\DEYELOPlWÞJdemfJre\Agr~BJ1JB7tt A/'1IBI"Ui Exhtbtl ð·J$~04,d(JC · 2 C\ crb ' '-\ . RESOLUTION NO. 136 - 03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *****ir*** APPROVING AMENDMENT TO AGREEMENT WITH WINDEMERE BLC LAND COMPANY LLC WHEREAS, the City of Dublin, hereinafter referred to as "CITY", entered into n 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 haill 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 deliv~es along Dougherty Road within CITY could reach an average volume of 15 trucks per day on certain days during the remainder of Phase lB, possibly ending in swnmer 2003; and _ WHEREAS, DEVELOPER desires to use Dougherty Road within CITY to haill 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 coilld reach an average volUIIle 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: ty Clerk K'/G/6-17-()]lre$(¡-wiNkmer rucks. doc (Item 8.2j G:\DEVELOP\Wil'ldem~'Re.~() Amtmd.A.gmt WindsmffrE: 6~17..()j.dQC cP- e ATIEST: ATTAUDT .3. \OD"b\~ EXHIBIT "A" OF RESOLUTION -03 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN' AND WINDEMERE BLC LAND COMP ANYLLC . 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 agreementterminates on Jlme 30, 2003; and WHEREAS, DEVELOPER has not completed the Phase I B 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 oftha Windemere Ranch project; and WHEREAS, DEVELOPER desires to use Dougherty Road within CITY to haul rocking and paving materials to construct new toads for Phase 2 of the Windemere Ranch project, starting in October 2003 and possibly lasting until CMly 2004, as weather permits; and WHEREAS, DEVELOPER and CITY wish to extend the term of said agreement to terminate oj¡ June 30, 2004; NOW, THEREFORE, the parties hereto agree to amend said agreement as fol1ows: (I) The tenn of the agreement shall be extended to terminate on June 30, 2004. e (2) DEVELOPER shall submit to CITY a construction truck access plan prior to May IS, 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 sUIVey 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 IE and Phase 2 truck deliveries. DEVELOPER shan furnish to CITY written documentation and videotapes of pavement conditions and deterioration on Dougherty Road. CITY will consult with DEVELOPER n:garding the pavement deterioration, the improvomonts 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 Soptember 2002. Ci:\DEVELOP\WindtmgnlA'gretJnt", Amend ExhIbit ~17...()3.dõt: W ATIET~d. µL Ci lerk· e e . e \\001'-\ CITY OF DUBLIN CONSTRUCTION TRUCK ACCESS AGREEMENT This agreement is made and entered into this \~ day of ~ 2002, by and between the City of Dublin, a municipal corporation, hereinafter referred to as "CITY", and Windemere SlC Land Company LLC, A California Limited Liability Company, ~ereinafter 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 telT1llnated 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 es 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 S" project; and WHEREAS, DEVELOPER intends to continue making truck deliveries to the "Phase 1B" project site to construct roadway improvements through the end of year 20D2 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 aliow for base rock installation on "Phase 1 B"' and , Construction Truck Access Agreement City of Dublin / Windemere BlC land Company ATTAUIMT J.4. 12. 0tl1 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 S" 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 review and approval. Section 3. DEVELOPER agrees to compensate CITY for all direct and Indirect damage to Dougherty Road within CITY caused by "Phase 1 S" truck trips, as set forth below. Section 4. DEVELOPER shall survey Dougherty Road immediately after this agreement is executed, as well as before temination 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 . pavement deterioration, the improvements required to remedy It and the cost thereof but CITY's detemination 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. . Concurrentiy with the execution of this Agreement, DEVELOPER shall fUrnish CITY with a Faithful Performance Bond conditioned upon the faithful perfomance of DEVELOPER's obligations under this Agreement. The bond shalf 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 I Wlnc;iemere BLC land Company 9/27/02 ~age 2 of 3 \~oo\'-\ · 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 ;£:EST: "'U'A. ~ I. t) . i>~::t:r- .- City Clefk :;VELOPER~ ~ u....StJÞ\. Type or Print Name 'ku. R-e<¡í~t Title G:1D1=VELOPlWindem.reITrucl< .00... o¡¡ml.J)he.. IB_updated.doc · Construction Truck Access Agreement City of Dublin 1 Wlndemere BLC Land Company 9/27/2002 Page 3 of3 CITY OF DUBLIN BUDGET CHANGE FORM \Y-ùQ\'"t From Unappropriated Reserves CHANGE FORM # Budget Transfers: . From Budgeted Contingent Roserve (1080-799.000) Within S= Doparttnent Activity Between Departments (City Council Approval Required) Other New Appropriations (City Council Approval Required): X From New Revenues -- Name: Name: Street Swtoping Contract StrVices $2,670 Account #: Name:: Account #: 001-30300-740-000 Name:, Gener.1 Fund· Reimbursement $2,670 Account #: Name: Account#: 001-570-005 Name: Account #: Name: Account #:" Name:: Account #: Account #: Fin Mgr/ASD: r;:: ..A ....A. \1\...-..., . ^ Date: L. 11 tos- Signature REASON FOR BUDGET CHANGE ENTRY: Transfer revenue funds collected from Windemere BLC Land Company, LLC, to maintain sweeping services on Dougherty Road at the current frequency of once-a-week for fiscal year 2005-2006. City Manager: Date: Signature '\'.'. ·...,,¡¡;"'¡¡"''''''''"Ii<l:t~,,/''/,!,>Í;¡,''>i)\''''''''''ïï Oi"'''è'',i,..""s,/ .j/I!I¡..,.,..,. ~~~~~'m,~,.,,:·!J;l~,@I;p,[¡',~~\(. 'W~~)Jo:~:t:'it~,¡, "æ_~\:' ":",,,, ,;',:', ., Mayor: Date: Signature Posted By: Date: Signature G.-\DEVELOP\WJlIdemeteI.BUDGCHNG_doughe1"ty rd ;slurry & 3weeping,DOC . lTT1CIDIDT s: