Patterson City Council
December 6, 2022

1 1 RESOLUTION NO. 2022-83
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 FOR THE LOVES 6 TRAVEL CENTER & SPEEDCO TIRE SHOP PROJECT(S); AUTHORIZING THE 7 CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE AGREEMENT; AND 8 AUTHORIZING THE CITY CLERK TO RECORD THE AGREEMENT
9 10 WHEREAS, the City Council of the City of Patterson Approved the application to 11 develop the Loves Travel Center and Speedco Tire Shop Project(s) located at the South Rogers 12 development commercial area located in Patterson, CA 95363 in Stanislaus County as described 13 in the Exhibits of the Agreement; and
14 WHEREAS, the Project is located within the Walgreens Shopping Center development, 15 located on 55 and 93 S. Rogers Road, Patterson, California, Stanislaus County Assessor’s Parcel 16 Number 021-093-003; 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, and stormwater 19 treatment control measures (SCMs) located on the property as described in the Landscape & 20 Stormwater Treatment Control Measures (SCMs) Maintenance & Access Agreement; and 21 WHEREAS, The City’s approval of the Project was conditioned upon Developer 22 satisfying certain conditions, which included the obligation to construct and maintain certain 23 offsite/on-site improvements for the Subject Property and as described in the approved 24 Improvement Plans project plans and Conditions of Approval. 25 WHEREAS, as a condition of approval, Developer shall maintain the landscaping and all 26 stormwater treatment control measures (SCMs) for the Loves Travel Center & Speedco Tire 27 Shop project(s), location as described in the Landscape & Stormwater Treatment Control 28 Measures (SCMs) Maintenance & Access 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 6 th
9 day of December 2022, by ____________________ who moved its adoption, which motion 10 was duly seconded by , and the resolution adopted by the following 11 roll call vote:
12 AYES:
13 NOES:
14 EXCUSED:
15 APPROVED:
16 17
18 _____________________________________
19 Dennis McCord
20 Mayor of the City of Patterson
21 ATTEST:
22 23
24 __________________________________________
25 Aracely Alegre
26 City Clerk of the City of Patterson
27 28
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 6 th
3 day of December 2022, and I further
4 certify that said resolution is in full force and effect and has never been rescinded or modified. 5 DATED:
6 7 ___________________________________
8 City Clerk of the City of Patterson
9