Patterson City Council
October 4, 2022

1 1 RESOLUTION NO. 2022-72
2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON 4 APPROVING THE LANDSCAPE AND STORMWATER TREATMENT CONTROL 5 MEASURES (SCMs) MAINTENANCE AND ACCESS AGREEMENT PATTERSON 6 GROCERY OUTLET BARGAIN MARKET & DUTCH BROS. PROJECT(S); 7 AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE 8 AGREEMENT; AND AUTHORIZING THE CITY CLERK TO RECORD THE 9 AGREEMENT
10 11 WHEREAS, the City Council of the City of Patterson Approved the application to 12 develop the Grocery Outlet Bargain Market & Dutch Bros. Project(s) located at the South Rogers 13 development, 2900 & 2930 Sperry Avenue, Patterson, CA 95363 in Stanislaus County as 14 described in the Exhibits of the Agreement; and
15 WHEREAS, the Project is located within the South Rogers development, located on 16 2900 & 2930 Sperry Avenue, Patterson, California, Stanislaus County Assessor’s Parcel Number 17 021-093-005; and
18 WHEREAS, as a condition of approval of the project, the developer installed, 19 constructed, and agreed to perpetually maintain and repair all landscaping, temporary storm 20 drainage detention basin, and stormwater treatment control measures (SCMs) located on the 21 property as described in the Landscape & Stormwater Treatment Control Measures (SCMs) 22 Maintenance & Access Agreement; and
23 WHEREAS, The city’s approval of the Project was conditioned upon Developer 24 satisfying certain conditions, which included the obligation to construct and maintain certain 25 offsite/on-site improvements for the Subject Property and as described in the approved 26 Improvement Plans project plans and Conditions of Approval. 27 WHEREAS, as a condition of approval, Developer shall maintain the landscaping and all 28 stormwater treatment control measures (SCMs) for the project location as described in the 2 1 Landscape & Stormwater Treatment Control Measures (SCMs) Maintenance & Access 2 Agreement; and
3 WHEREAS, the City and Developer desire to enter into this Agreement to clearly define 4 the responsibilities for both Parties with respect to the Onsite Improvements and the Offsite 5 Improvements installed as part of the Project (collectively, the “Project Maintenance”); and 6 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Patterson 7 that it hereby accepts the Landscape and Stormwater Treatment Control Measures (SCMs) 8 Maintenance & Access Agreement, authorizes the City Manager or his Designee to execute the 9 agreement, and directs the City Clerk of the City of Patterson to record the agreement. 10 The foregoing resolution was passed by the City Council at a regular meeting held on the 4 th
11 day of October 2022, by ____________________ who moved its adoption, which motion was 12 duly seconded by Councilmember , and the resolution adopted by the 13 following roll call vote:
14 AYES:
15 NOES:
16 EXCUSED:
17 APPROVED:
18 19 _____________________________________
20 Dennis McCord
21 Mayor of the City of Patterson
22 ATTEST:
23 24 __________________________________________
25 Aracely Alegre
26 City Clerk of the City of Patterson
27 3
1 I hereby certify that the foregoing is a full, correct and true copy of a resolution passed by 2 the City Council of the City of Patterson, a Municipal Corporation of the County of Stanislaus, State of California, at a regular meeting held on the 4 th
3 day of October 2022, and I further certify
4 that said resolution is in full force and effect and has never been rescinded or modified. 5 6 DATED:
7 8 ___________________________________
9 City Clerk of the City of Patterson
10