Patterson City Council
October 4, 2022

1 1 RESOLUTION NO. 2022-73
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 CHIPOTLE PROJECT; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE 7 TO EXECUTE THE AGREEMENT; AND AUTHORIZING THE CITY CLERK TO 8 RECORD THE AGREEMENT
9 10 WHEREAS, the City Council of the City of Patterson Approved the application to 11 develop the Patterson Chipotle Restaurant Project located at the Walgreen Shopping Center 12 development 975 Sperry Avenue, Patterson, CA 95363 in Stanislaus County as described in the 13 Exhibits of the Agreement; and
14 WHEREAS, the Project is located within the Walgreens Shopping Center development, 15 located on Sperry Avenue & Ward Avenue, Patterson, California, Stanislaus County Assessor’s 16 Parcel Number 048-047-019-000; and
17 WHEREAS, as a condition of approval of the project, the developer installed, 18 constructed, and agreed to perpetually to maintain and repair all landscaping, temporary storm 19 drainage detention basin, and stormwater treatment control measures (SCMs) located on the 20 property as described in the Landscape & Stormwater Treatment Control Measures (SCMs) 21 Maintenance & Access Agreement; and
22 WHEREAS, The City’s approval of the Project was conditioned upon Developer 23 satisfying certain conditions, which included the obligation to construct and maintain certain 24 offsite/on-site improvements for the Subject Property and as described in the approved 25 Improvement Plans project plans and Conditions of Approval. 26 WHEREAS, as a condition of approval, Developer shall maintain the landscaping and all 27 stormwater treatment control measures (SCMs) for the Chipotle project location as described in 28 the Landscape & Stormwater Treatment Control Measures (SCMs) Maintenance & Access 29 Agreement; and
2 1 WHEREAS, the City and Developer desire to enter into this Agreement to clearly define 2 the responsibilities for both Parties with respect to the Onsite Improvements and the Offsite 3 Improvements installed as part of the Project (collectively, the “Project Maintenance”); and 4 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Patterson 5 that it hereby accepts the Landscape and Stormwater Treatment Control Measures (SCMs) 6 Maintenance & Access Agreement, authorizes the City Manager or his Designee to execute the 7 agreement, and directs the City Clerk of the City of Patterson to record the agreement. 8 The foregoing resolution was passed by the City Council at a regular meeting held on the 4 th
9 day of October 2022, by ____________________ who moved its adoption, which motion was 10 duly seconded by Councilmember , and the resolution adopted by the 11 following roll call vote:
12 AYES:
13 NOES:
14 EXCUSED:
15 APPROVED:
16 17
18 _____________________________________
19 20 Dennis McCord
21 Mayor of the City of Patterson
22 ATTEST:
23 24
25 __________________________________________
26 Aracely Alegre
27 City Clerk of the City of Patterson
28 3
1 2 I hereby certify that the foregoing is a full, correct and true copy of a resolution passed by 3 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
4 day of October 2022, and I further certify
5 that said resolution is in full force and effect and has never been rescinded or modified. 6 7 DATED:
8 9 ___________________________________
10 City Clerk of the City of Patterson
11