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HomeMy WebLinkAboutE-4 Staff Report - Consent to Assignment of Detention Basin 4DCONSENT ITEM E-4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: DON PENMAN, INTERIM CITY MANAGER FROM: DANIEL BOBADILLA, P.E., DIRECTOR OF PUBLIC WORKS/CITY ENGINEER DATE: FEBRUARY 5, 2018 SUBJECT: CONSENT TO ASSIGN MAINTENANCE OF CITRUS DETENTION BASIN FACILITY 4D WITHIN THE ROSEDALE COMMUNITY SUMMARY: Rosedale Land Partners, the developer of the Rosedale Master Planned Community, is responsible for the construction of three detention basins to control peak stormwater runoff. Rosedale Land Partners is seeking to transfer maintenance responsibility of Citrus Detention Basin Facility 4D to the North Rosedale Community Homeowners Association. The proposed action will authorize the Interim City Manager to sign a letter giving Rosedale Land Partners consent to assign maintenance of Citrus Detention Basin 4D. RECOMMENDATION: Staff recommends the City Council take the following action: 1)Authorize the Interim City Manager to give Rosedale Land Partners consent to assign maintenance of Citrus Detention Basin Facility 4D. DISCUSSION: On May 15, 2006, the City of Azusa entered into a Memorandum of Understanding (MOU) with Azusa Land Partners (now under the name of Rosedale Land Partners), the City of Glendora, and Monrovia Nursery Company for the design, construction, and maintenance of three stormwater detention basins within the Rosedale Community. Under this MOU, Rosedale Land Partners is responsible for the design and construction of all three detention basins to control peak stormwater runoff produced from the new master planned community. Rosedale Land Partners has completed the improvements of Citrus Detention Basin Facility 4D and is exercising its right to assign its maintenance obligations to the North Rosedale Community Homeowners Association. This action is permissible per Section 3.c. of the MOU. Therefore, Rosedale APPROVED CITY COUNCIL 2/5/2018 Detention Basin Facility 2B February 5, 2018 Page 2 Land Partners is requesting consent from the City of Azusa to assign maintenance of the detention basin to the North Rosedale Community Homeowners Association, which has inspected the basin and is prepared to accept maintenance responsibilities. FISCAL IMPACT: There is no fiscal impact associated with the recommended action. Prepared by: Reviewed and Approved: Daniel Bobadilla, P.E. Louie F. Lacasella Director of Public Works/City Engineer Senior Management Analyst Reviewed and Approved: Don Penman Interim City Manager Attachments: 1) Consent Letter 2) Memorandum of Understanding 3) Detention Basin Exhibit 4) Resolution from HOA Accepting Basin 4D June 27, 2017 City Manager City of Glendora 116 E. Foothill Blvd. Glendora, CA 917 41 City Manager City of Azusa 213 E. Foothill Blvd. Azusa, CA 91 702 William Lyon Homes, Inc. ace ® ROSE L ROSEDALE LAND PARTNERS II LLC 4695 MacArthur Court, 8 th Floor Newport Beach, CA 92660 Subject: Consent to Assignment of Maintenance of Citrus Detention Basin Facility 4D Gentlemen: Reference is made to that certain Memorandum of Understanding dated May 15, 2006, by and between the City of Glendora, the City of Azusa, Monrovia Nursery Company and Azusa Land Partners, LLC (the "MOU"), with respect to the design, installation and maintenance of three storm water detention basins. Section 3.a. of the MOU states, "Upon the completion of the Improvements, the "Responsible Party" shall assume responsibility for ongoing operation and maintenance of the Improvements," and Section 3.c. states: "The Responsible Party shall be entitled to assign its maintenance obligations hereunder to a maintenance district, private homeowners association or maintenance organization, or any qualified public or quasi-public agency or authority, subject to the written consent of all other parties to the MOU, which consent shall not be unreasonably withheld or denied. For purposes of this MOU references to Responsible Party shall include assignees. Rosedale Land Partners II, LLC ("RLP") hereby requests the formal consent of the Parties to assign maintenance of the Citrus Detention Basin Facility 4D to the North Rosedale Community Association ("North HOA"). Representatives of RLP and North HOA have inspected the Improvements and North HOA is prepared to take over maintenance of this basin immediately. Please indicate your consent to this Assignment by signing where noted below and returning a copy of this letter to me. Thank you for your cooperation with this request. 23 Corporate Plaza Drive, Suite 246 • Newport Beach, CA • 92660-7944 949-729-1200 • 949-749-1214jax Attachment 1 Consent to Assignment of Basin 4D June 27, 2017 Sincerely, 7)Z]rt0 (;(JtJp·· {l;i[,?;(/[;CA,, __ William D. Holman Vice President, Land Development Title: City Manager Date: January 11, 2018 City Manager City of Glendora 116 E. Foothill Blvd. Glendora, CA 91741 WILLIAM LYON HOMES, INC. By: ___________ _ Title: ------------ Date: ---------- CITY OF AZUSA By: __________ _ Title: ----------- Date: -----------City Manager City of Azusa 213 E. Foothill Blvd. Azusa, CA 91702 Attachment 2 Attachment 3 Attachment 4