FROM:
Engineering
SUBJECT:
Title
Authorize the City Manager to Approve a Drainage Acceptance and Maintenance Covenant and Agreement with Jack M. Chen et al. and BCT Development, for the Development of a 595 Multi-Family Unit Project on the Southwest Corner of Citrus Avenue and Summit Avenue, Parcel Map No. 20910, Master Case No. 24-0059, and Design Review No. 24-0030
End
RECOMMENDATION:
Recommendation
Approve and authorize the City Manager to enter into a Drainage Acceptance and Maintenance Covenant and Agreement with Jack M. Chen and Shirley S. Chen, as trustees of the Chen Family Trust dated December 21, 2021; Annie Charyu Chen, a married woman, as her sole and separate property; James Hanwei Chen, a single man; and Kimberly Tingwei Chen, a single woman, all as tenants in common; BCT Fontana Phase I, LLC, a Delaware limited liability company; BCT Fontana Phase II, LLC, a Delaware limited liability company; and BCT Development, for the acceptance of public storm water flows and to guarantee the sole, private operation and maintenance of the drainage facilities associated with the 595 multi-family unit development (Parcel Map No. 20910, Master Case No. 24-0059, and Design Review No. 24-0030).
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COUNCIL GOALS:
• To invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
• To invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.
DISCUSSION:
A multi-family development project consisting of 595 units and associated site improvements on approximately 27 acres is located on the southwest corner of Citrus Avenue and Summit Avenue, associated with Parcel Map No. 20910, Master Case No. 24-0059, and Design Review No. 24-0030.
As a part of the development of this property, authorization is requested for the City Manager to enter into a Drainage Acceptance and Maintenance Covenant and Agreement with the Property Owners and the Developer, BCT Development. The Developer proposes to construct improvements, including a privately owned storm drain system and a primary Backbone System, which will provide the primary drainage connection and conveyance infrastructure for portions of the Property.
This agreement is necessary and appropriate for public storm water flows originating from Edward Avenue and the surrounding public rights-of-way to be discharged into and conveyed through the Private Storm Drain System to the public storm drain system. The agreement ensures the proper long-term operation, maintenance, and performance of these drainage facilities.
Under the terms of the agreement, the Developer and Owners will be responsible, at their sole cost and expense, for the acceptance, conveyance, operation, maintenance, repair, and replacement of the Private Storm Drain System, keeping it in a safe, clean, and fully functional condition. Furthermore, the Owners grant the City a perpetual, non-exclusive easement in, on, over, under, upon, and across the Property for the purposes of inspecting, monitoring, and accessing the public storm water flows within the Private Storm Drain System. This protects the City from future maintenance liabilities and ensures the continued functional integrity of the local storm drain infrastructure.
FISCAL IMPACT:
This action will authorize the approval of the Drainage Acceptance and Maintenance Covenant and Agreement. The Developer and Owners are responsible for all associated costs pertaining to the operation and maintenance of the Private Storm Drain System. Therefore, there is no fiscal impact to City resources at this time.
MOTION:
Approve staff recommendation.